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HomeMy WebLinkAbout2000-172ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City desires to participate in the cost of oversizing sewer mains to be designed, installed, and constructed by Bel Air Development Ltd in an amount not to exceed Nine Thousand Six Hundred Forty Six Dollars and Eighty Six Cents ($9,646 86), in accordance with §34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authorized to execute a Sewer Main Cost Participation Agreement Between the City of Denton and Bel Air Development Ltd for the oversizing of approximately 1998 linear feet of twelve (12") inch and approximately 208 linear feet of fifteen (15") inch gravity sanitary sewer main, from eight (8") inch gravity sanitary sewer line, substantially to the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes, subject to Bel Air Development Ltd entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas SECTION 2 That the City Manager is hereby authorized to make the expenditures as 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 /G day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By VV S \Our Documents\0rdmances\00\Sewer Main Cost Parttctp Agrtnt-Bel Air Develop Ltd ord doc THE STATE OF TEXAS § COUNTY OF DENTON § SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD WHEREAS, Bel Air Development Ltd hereafter referred to as "Developer", whose business address is 12225 Greenville Avenue, Suite 118, Dallas, Texas 75243 wishes to develop and improve certain real property named `BEVERLY PARK ESTATES PHASE -II" (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritonal jurisdiction, and is required to provide such real property with adequate sewer service by designing, constructing, extending, and installing a gravity sanitary sewer line of an inside diameter of eight inches (8"), hereafter referred to as the "Required Facilities", and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City, in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said sewer main to provide for an "oversized" sewer main to expand its utility system and to insure adequate utility service to other customers, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Developer and the City AGREE as follows 1 Developer shall design, install, and construct approximately 1,998 linear feet of twelve (12") inch and 208 linear feet of fifteen (15") inch gravity sanitary sewer mains and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit I, attached hereto and incorporated herein by reference 2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beginning of construction of the Oversized Facilities This Development Contract is attached hereto as Exhibit II and incorporated herein by reference This Agreement is subject to and governed by said Development Contract and any other applicable ordinances of the City of Denton, Texas 3 Prior to beginning of construction of the Oversized Facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements The easements, deeds, and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction If Developer is unable to acquire needed easements, Developer shall provide 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 Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title 4 City's share in the cost of the Oversized Facilities Based upon the difference in the cost of installing Required Facilities, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Nine Thousand Six Hundred Forty Six Dollars and Eighty Six Cents ($9,646 86) City may elect one of the following methods to determine City's share of the cost a) Developer shall prepare plans and specifications and fiumsh them to City City shall competitively bid the required line and the Oversized Facilities in accordance with Chapter 252 of the Texas Local Government Code The difference in the bids shall be used to determine the City's share, subject to City's maximum participation in cost as specified in this Agreement, or b) Developer shall prepare plans and specifications and take bids on the required line and the Oversized Facilities City shall pay Developer the least amount of the following (1) The difference in the bids for the required line and the Oversized Facilities, or (2) Participation by the City at a level not to exceed One Hundred percent (100%) of the total cost for any oversizing of improvements required by the City, including, but not limited to increased capacity of improvements to anticipate other fixture development in the area, all as provided for in §212 072(b) of the Texas Local Government Code, as amended, or (3) $9,646 86, the maximum participation cost allowed herein The City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing, or completing construction, changes in the price or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions, differences in the calculated and actual per linear feet of pipe or material$ needed for the Oversized Facilities, Developers decision as to the contractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities 5 The City will make monthly payments for its share of the Oversized Facilities The Developer shall submit monthly pay requests on forms provided by the City The Developer's engineer shall verify that each pay request is correct Each pay request, along with the engineer's venfication, shall be submitted to the Engineering & Transportation Department of the City The City will retain 10% of the total dollar amount until the project is accepted Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification 6 To determine the actual cost of the Oversized Facilities, 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 any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Oversized Facilities 7 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 for Utilities for City at the address given above 8 Developer shall indemnify and hold 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 shall, at its own cost and expense, defend and protect City against any and all such claims and demands 9 If Developer does not begin substantial construction of the Oversized Facilities within twelve (12) months of the effective date of execution of this Agreement, this Agreement shall terminate 10 This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein This Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement 11 This Agreement shall not be assigned by Developer without the express written consent of the City 12 Any and all suits for any breach of this Agreement, or any other suit pertaining to or ansing out of this Agreement, shall be brought in a court of competent jurisdiction in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas EXECUTED in duplicate original counterparts l7Y the duly -authorized officials and officers of the City and the Developer, on this the &'e' day of �% 2%Q 2000 CITY OF DENTON, TEXAS A Texas Municipal Corporation By ,4 CHA L W TY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ByAJJA1 1 3 "DEVELOPER" BEL IIn ATTEST By S \Our Documents\Contracts\00\Sewer Main Cost Pancctp Agrmt-Bel An Develop Ltd doe 0