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HomeMy WebLinkAbout1999-463ORDINANCE NO 4-4 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND ARTHUR V KING AND REBECCA G KING 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 wishes to participate in the cost of oversizmg a water main to be designed, installed, and constructed by Arthur V King and Rebecca G King in an amount not to exceed Thirty Two Thousand Three Hundred Twenty One Dollars and Ninety Cents ($32,321 90), 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 Arthur V King and Rebecca G King for the overstzing of approximately 1,707 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 Arthur V King and Rebecca G King 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 //G day of 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Ca'JU By S \Our Documents\Ordinances\99\Kmg Water Main Cost Participation Ord doc S \Our Documents\Ordinances\99\King Water Main Cost Participation Ord doc THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND Arthur V and Rebecca G King WHEREAS, Arthur V and Rebecca G King hereafter referred to as "Developer", whose business address is 315 S Locust Denton, Texas 76201 wishes to develop and Improve certain real property named Regency Oaks (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 1,707 feet of 12 inch water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities" as shown on Exhibit 1, 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 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 - Arthur V and Rebecca G King 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 two thousand three hundred twenty one dollars and ninety cents ($32,321 90) 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 facilities as provided for in §212 072 of the Texas Local Government Code or (3) $32,321 90 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 make monthly payments for it's 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 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 protect 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 Arthur V and Rebecca G King 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, em- ployees, 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 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 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 in a court of competent jurisdiction in Denton County, Texas WATER MAIN PARTICIPATION AGREEMENT • Arthur V and Rebecca G King PAGE 3 Executed this, the 0 day of Lmkj2 1999 Arthur V and Rebecca G King BY ATTEST CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY BY A/ mil' S /dfQ/i APPROVED AS TO LEGAL FORM HERBERT PROUTY, CITY ATTORNEY BY/ 1 WATER MAIN PARTICIPATION AGREEMENT • Arthur V and Rebecca G King PAGE 4 cou PROPOSED 12" EXTENSION LOCATION MAP REGENCY OAKS 12" WATER LINE 9 roffi`li`1J Covlmno EXISTING 16" WATERLINE H'--')BSOIN L hNL pgCILLITIE8 REGENCY OAKS DEVELOPMENT PROJECT LOCATION EXHIBIT I