HomeMy WebLinkAbout1999-461ORDINANCE NO W- 64� /
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND PFS
DEVELOPMENT, INC FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A
WATER MAIN 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 a water main to be
designed, installed, and constructed by PFS Development, Inc in an amount not to exceed Thirty
Six Thousand One Hundred Seventy Nine Dollars and Twenty Cents ($36,179 20), 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 I That the City Manager is authorized to execute a Water Main Cost
Participation Agreement Between the City of Denton and PFS Development, Inc for the
oversizing of approximately 2,280 feet of eight (8") inch water main to a twelve (12") inch water
main, substantially in the form of the attached Agreement, which is incorporated and made a part
of this ordinance for all purposes, subject to PFS Development, Inc, 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 II That the City Manager is hereby authorized to make the expenditures as
set forth in the attached Agreement
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the � day of 1999
JAC LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
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THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND
COUNTY OF DENTON § PFS Development, Inc
WHEREAS, PFS Development Inc hereafter referred to as "Developer "
whose business address is P O Box 685 Denton, TX 76202 wishes to develop and
improve certain real property named Milam Creek Ranch (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 collection capacity by designing, constructing and installing a water line
of an inside diameter of eight inches (8"), hereafter referred to as "required facilities",
and
WHEREAS, the City of Denton, Texas, a municipal corporation located at 215
East McKinney, Denton, Texas 76201, hereafter referred to as "City, in accordance
with its ordinances, wishes to participate in the cost of the construction and
installation of said water main to provide for an "oversized" water main to expand its
utility system and insure adequate utility service to other customers,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, Developer and City agree as follows
1 Developer shall design, install and construct approximately 2,280 feet 12
inch water main and all necessary appurtenances thereto, hereafter 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 has entered into a Development Contract prior to beginning
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 this Development Contract and any other applicable ordinances
of City
3 Prior to beginning 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
WATER MAIN PARTICIPATION AGREEMENT — PFS Development Inc PAGE 1
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 Thirty Six thousand one hundred seventy nine dollars and twenty cents
($36,179 20) City may elect one of the following methods to determine City's share
of the cost
a) Developer shall prepare plans and specifications and furnish 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 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,
(2) Thirty percent of the bid on the oversized as provided for in
§212 072 of the Texas Local Government Code or
(3) $36,179 20, the maximum participation cost allowed herein
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 materials 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 take monthly payments for its share of the oversize facilities
The Developer shall submit monthly pay request on forms provided by the City The
developer's engineer shall verify that the pay request is correct The request along
with the engineer's verification 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
WATER MAIN PARTICIPATION AGREEMENT — PPS Development INC PAGE 2
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 summit 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 Director of 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, invitee, contractors or other persons with
regard to the performance of this agreement, and Developer will, at its own cost and
expense, defend and protect City against any and all such claims and demands
9 If Developer does not begin
facilities within twelve (12) months of
agreement, this agreement shall terminate
substantial construction of the oversized
the effective date of execution of this
10 This instrument embodies the whole 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, either verbal or written, between
the parties hereto
11 This agreement shall not be assigned by Developer without the express
written consent of City
12 Any and all suits for any breach of this contract or any other suit
pertaining to or arising out of this agreement shall be brought and maintained in a
court of competent jurisdiction in Denton County Texas
WATER MAIN PARTICIPATION AGREEMENT - PFS Development, INC PAGE 3
EXECUTED this the day of of/D��,/%9.?A2 ,1999
ATTEST
0
PFS DEVELOPMENT, INC
i
CITY OF DENTON TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
WATER MAIN PARTICIPATION AGREEMENT— PFS Development INC PAGE 4
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