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Home My WebLink About1999-462ORDINANCE NO 4-4A AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC FOR REIMBURSEMENT OF THE COSTS OF BUILDING A SEWER MAIN, THROUGH PRORATA 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 real property owned by Kau&nan and Broad of Dallas, Inc ("Developer") commonly referred to as "Hickory Creek Ranch" (the "Development") located on the South side of Hickory Creek Road and the West side of Teasley Road (F M 2181), 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 be provided with adequate sanitary sewer service by extending 1,974 linear feet of 15-inch and 1,774 linear feet of 18-inch sanitary sewer main from Leatherwood Street to the Development, and WHEREAS THE City of Denton may lawfully reimburse the Developer for the costs of the sewer main extension by the Developer based upon prorata charges paid to the City by persons connecting to the sewer main pursuant to Code of Ordinances of the City of Denton, Texas §34-118 (b)(3), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authorized to execute a Sewer Main Prorata Reimbursement Agreement Between the City of Denton and KauBnan and Broad of Dallas, Inc (the "Agreement") to provide for the prorata reimbursement for the extension and installation of One Thousand Nine Hundred Seventy Four (1,974') linear feet of fifteen (15") inch sewer main, and One Thousand Seven Hundred Seventy Four (1,774') linear feet of eighteen (18") inch sewer main, 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, Kaufman and Broad of Dallas, 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 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 day of b&/YLOK L , 1999 . �"I �.a:• �i o; � • - ATTEST JENNIFER WALTERS, CITY SECRETARY • Llr'� //1��i �l APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By S \Our Documents\Ordinances\99\Sewer Main Prorata Retmb Ord Kaufman & Broad doc S \Our Documents\Ordinances\99\Sewer Main Promta Retmb Ord - Kaufman & Broad doc SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC WHEREAS, Kaufman and Broad of Dallas, Inc ("Developer"), whose business address is, 2611 Westgrove, Suite 101, Carrollton, Texas 75006 desires wishes to develop and improve certain real property named "Hickory Creek Ranch" (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 Developer is required to provide such property with adequate sewer service by designing, constructing, installing, and extending a sewer main, and WHEREAS, the City of Denton, Texas ("City") is a municipal corporation located at 215 East McKinney, Denton, Texas 76201, and in accordance with the provisions of Section 34- 118 (b)(3) of the City of Denton Code of Ordinances, may reimburse Developer for the costs of the sanitary sewer main designed, constructed, installed, and extended by Developer based upon prorata charges paid to the City by persons connecting to the sewer main NOW, THEREFORE, in consideration of their mutual promises, Developer and City do hereby AGREE as follows 1 Developer has designed, constructed, installed, and extended 1,974 linear feet of 15-inch sewer main and 1,774 linear feet of 18-inch sewer main and all necessary appurtenances thereto, hereafter referred to as the "Facilities," located as shown on Exhibit I, attached hereto and incorporated herein by reference These off -site sewer mains shall be subject to prorata reimbursement to the Developer in accordance with this Agreement 2 Prior to beginning construction of the Facilities, Developer shall obtain, at Developer's sole cost and expense all necessary permits, licenses, and easements If easements are needed, the deeds therefor 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 City with any requested documentation of its 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 City against any adverse claim made against such title 3 The actual cost of the design, construction, installation, and extension of the Facilities subject to prorata reimbursement is One Hundred Eight Thousand One Hundred Seventy Four ($108,174 00) Dollars, or $28 86 per linear foot for 1,974 linear feet of 15-inch and 1,774 linear feet of 18-inch off -site sanitary sewer mains 4 Within thirty (30) days of the acceptance of the Facilities by the City, Developer shall submit to the City's Assistant City Manager for 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 any necessary information, documents, invoices, receipts or other records to verify the actual cost of the facilities The ATTACHMENT I Assistant City Manager for 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 Facilities have vested in the City, the City shall collect a prorata charge from any person connecting to the off -site facilities in accordance with the provisions of the Code of Ordinances of the City of Denton Within thirty (30) days of the receipt of prorata charges the City shall transfer such amount collected to Developer 6 The City shall transfer to Developer prorata charges collected for a period of time of twenty (20) years from the date the Facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Developer an amount of funds in excess of the certified cost of the Facilities 7 The parties hereto recognize that the Facilities subject to this Agreement are necessary to provide sewer service to the Developer's property The prorata charges to be collected and transferred to Developer shall be based on the terms of this Agreement, as through the Facilities subject to this Agreement were installed 8 The prorata 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 prorata hinds received from persons connecting to such Facilities 9 Should any court of competent jurisdiction determine that all or part of the City s ordinance on which the prorata 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 prorata charges for connection to the Facilities and will have no further obligation hereunder 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 provided above and to the Assistant City Manager for of Utilities, for the City at the address provided above 11 The Developer shall indemnify and agrees to 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 promises, terms, conditions, or obligations other than those contained herein This Agreement all supersede all previous communications, understandings, representations or agreements, either verbal or written, between the parties hereto regarding the subject matter of this Agreement 131 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 This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas 15 This Agreement shall be effective for a period of twenty (20) years from the date Facilities are accepted by City, or until Developer has been paid all allowable reimbursable prorata charges for the Facilities, whichever occurs first, provided, however, should Developer fail to begin substantial construction of the Facilities within one (1) year from the date of execution of this Agreement, this Agreement shall terminate EXECUTED this the � day of D .L 11999 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM HERB PROUTY, CITY ATTORNEY "DEVELOPER" KAUFMAN AND BROAD OF DALLAS, INC By ATTEST By 66e S \Our Documents ontracts\99\Sewer Main Pmrata Retmb Agmtt Kaufman & Broad doc 11181HX3 3AI80 000M83HIV31 V )0 O wug �i a U 2 W N < < p O W N U 7 C H W W N W 0 V i N i N W N - O O W N O U U U g i L W i N N F N Z > > > � a 11 a N a 1 1 a 1 I