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Home My WebLink About2004-250ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN PRO-RATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MAR -PROPERTIES, LTD. FOR REIMBURSEMENT OF THE COSTS OF BUILDING A WATER MAIN, THROUGH PRO-RATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas requires that the development owned by Mar - Properties, Ltd. ("Developer") commonly referred to as that real property described as "Denton Creek Business Park" (as more particularly depicted in Exhibit I, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial jurisdiction; and said Developer is required to provide such real property with adequate water service by designing, constructing, and installing a water main; and WHEREAS, the City of Denton, Texas may lawfully reimburse the Developer for the costs of the water main installation by the Developer based upon pro-rata charges paid to the City by persons connecting to the water main pursuant to the Denton Development Code, Subchapter 35.21.10.1 and .2; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Water Main Pro-Rata Reimbursement Agreement Between the City of Denton, Texas and Mar -Properties, Ltd. (the "Agreement") to provide for the pro-rata reimbursement for the design, construction, and installation of 2,070 linear feet of 12-inch diameter off -site water mains, substantially in the form of the attached Agreement, which is incorporated herewith by reference and made a part of this Ordinance for all purposes; subject however, to Developer, Mar -Properties, Ltd. entering into a Development Contract with the City of Denton, Texas in accordance with the Denton Development Code, Subchapter 35.16.20.2. SECTION 2. That the City Manager is hereby authorized to make such expenditures and transfers of funds under such conditions as are set forth in the attached Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. ( ) PASSED AND APPROVED this the /6/1 day of (��(JL�� t 2004. EULINE BROCK, MAYOR t ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ^yrildli i S1Our Documents\Ordinances\04\Water Main Pro -Rats Reimb Ord -Denton Creek Bus Park-2004.doc THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN PRO-RATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MAR -PROPERTIES, LTD. WHEREAS, Mar -Properties, Ltd. ("Developer"), whose business address is 2281- A Masch Branch Road, Denton, Texas 76207, wishes to develop and improve certain real property named the "Denton Creek Business Park" (as shown in Exhibit I, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate water service by designing, constructing and installing a water main; and WHEREAS, the City of Denton, Texas ("City"), a municipal corporation, located at 215 East McKinney Street, Denton, Texas 76201, in accordance with its ordinances may reimburse Developer for the costs of the water main installed by the Developer, based upon pro-rata charges paid to the City by persons connecting to the water main; NOW, THEREFORE, in consideration of their mutual promises, Developer and City agree as follows: 1. Developer has designed, installed and constructed, 12-inch diameter off -site water main and all necessary appurtenances thereto, extending a total distance of approximately 2,070 feet ("Facilities"), located as shown on Exhibit II, attached hereto and incorporated herein by reference. This off -site water main shall be subject to pro-rata reimbursement in accordance with this Agreement. 2. Prior to beginning construction of Facilities, Developer shall obtain at Developer's sole cost and expense, all necessary permits, licenses, and easements. If easements are needed, the deeds therefore obtained by Developer shall be reviewed and approved as to form and substance by the City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide the City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the Facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Facilities; and Developer warrants clear title to such easements and will defend the City against any adverse claim made against such title. 3. The cost for the design, construction, and installation of the Facilities subject to pro-rata reimbursement is: 1 $96,914.50 (Developer's cost) or $46.82 per linear foot (2,070 linear feet of off -site Facilities) See attached Exhibit III for cost breakdown 4. Within thirty (30) days of the acceptance of the Facilities by the City, Developer shall submit to the City's Assistant City Manager of Utilities the actual cost of the Facilities. To determine the actual cost of the Facilities, the City shall have the right to inspect any and all records of Developer, his agents, employees, contractors, or subcontractors and shall have the right to require Developer to submit to the City any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Facilities. The Assistant City Manager of Utilities shall review and verify the actual cost of the Facilities and certify the allowable reimbursable cost and the date the Facilities were accepted, which certificate shall be attached hereto and be incorporated herein by reference. 5. After title to the Faculties have vested in the City, the City shall collect a pro-rata charge from any person connecting to the off -site facilities in accordance with the provisions of the Code of Ordinances of the City. Within thirty (30) days of the receipt of pro-rata charges, the City shall transfer the applicable amount collected to Developer. 6. The City shall transfer to Developer pro-rata charges collected for a period of time for twenty (20) years from the date Facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Developer any amount of funds in excess of the certified cost of the Facilities, as determined by the City in paragraph 4 above. 7. The parties hereto recognize that the Facilities subject to this Agreement are necessary to provide water service to the Developer's property. 8. The pro-rata charges to be collected by the City and transferred to Developer in accordance with the ordinances of the City and this Agreement are intended to reimburse the Developer for the Developer's cost of the Facilities by requiring persons connecting who benefit thereby, to participate in the cost of the Facilities. This Agreement shall not be considered to impose any obligation or liability upon the City to pay for the Facilities from its general revenues, bond funds or any other revenues it may receive, except for those pro-rata funds received from persons connecting to such Facilities. 9. Should any court of competent jurisdiction determine that all or a part of the City's ordinance upon which the pro-rata charges to be paid to Developer under this Agreement are based, are found to be unlawful or invalid, the City may cease to charge or collect the pro-rata charges for connection to the Facilities, and shall have no further obligations hereunder. PA 10. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Assistant City Manager of Utilities for the City at the address given above. 11. The Developer shall indemnify and hold the City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement; and Developer will, at its own cost and expense, defend and protect the City against any and all such claims and demands. 12. This instrument embodies the whole agreement of the parties hereto, and there are no promises, terms, conditions or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 13. Developer shall not assign this Agreement without the express written consent of the City. 14. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought and maintained in the court of competent jurisdiction in Denton County, Texas. 15. This Agreement shall be effective for a period of twenty (20) years from the date Facilities are accepted by the City, or until Developer has been paid all allowable reimbursable pro-rata charges for the Facilities, whichever occurs first; provided, however, should Developer fail to complete substantial construction of the Facilities within one year from the date of execution of this Agreement, this Agreement shall terminate. EXECUTED this the */C day of 7 2004 "CITY" CITY OF DENTON, TEXAS By-._ Michael A. Conduff ' Manager ATTESTED BY: JENNIFER WALTERS, CITY SECRETARY m APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "DEVELOPER" MAR -PROPERTIES, LTD. ATTESTED BY: By: APPROVED AS TO LEGAL FORM: By: �GGe✓ a vim. Si0ur Documents\Contracts\04\Water Main Pro -Rate Agmt-2004.doc As F, M PORT R I (Exhibit II D �• 2070 I.f. PROPOSED 1 2" WATERLI sl METRO ST. BIN ROAD J R J EXHIBIT III PAMNOa LP P.O. Box 69934 a 11869 Kim Drive a Dallas, TK 75229 Phons PM MT-2291 QUOTATION AND SALES CONTRACT Mar -Properties, LTD 2281 A Maech Branch Rd Due Denton, TR 76207 We propose to hmish all namemials, labor, mole and equipment to Complete the following wade: ' Job & Location: 1Q;8T IN,A, 12" Water Line InstallatSon - Car�ein Rd, b"e'aton~T% 3."145 I8 .�.,12".Drip.,pvc-water Jim - . 28.35 :89,460..75 - 12 IM Iron fittings _.. ...-990.00: 14880.00:. It BA Fire hydrant 2,000.00 22.000.00 6 U . Cate valve 865.00 '.•5.195400 20 IF Concrete encasement 67.50 1.350.00 1 FA Air release valve 6,11040 '6:110G00 1 G Blow off valve 480.00 480.00 3,145 LP Trench safety 1.30 4.088.50 3 BA 13" Gets valve 18.j0 5.460.00 Move in 1.500.00 'Total 147.224.50 Tom: Your signing and returning of du# Qmwm will cowhtute a c mbaa subject m the approval of or rctedit dcpanu,.,u and will be our authority to proceed with the wmk a described herein. except Seller reserves the right to consider alas quotationnull and void ifexemadsubectiamttodays firm the due hwaimbovewrinm.The tamsand condiu.,us on the bark hered'are a pmtof this ensued a through written haaa. NOTICE: ADDITIONALTERMS AND CONDITIONS mcoRPORATED HiWmAS PARTOf'YOUR QUOTATIONAND SALES CONTRACTARE ON THE mm PLEASE READ BEFORE SIGNING AND ACCEPTING INASMUCH AS YOUR SIGNATURE AND ACCEFIANCE OF THE QUOTATION AND SALES CONTRACT SHALL BE DEEMED AN ACCEFTANCE OF THE TERMS AND CONDITIONS STATED ON THLrjRBVERSE SIDE OF THIS QUOTATION AND SALES CONTRACT. ACCEPTED: IV 14e t&Ep;itfr9 1, 11im, Respectfully submitted. B 7.RJ. Pa ridge LP Xr Due BY Sellm Upon oewwew gene ammme and man od h ceminW acopy far yoar,eeardn (over)