HomeMy WebLinkAbout1999-464ORDINANCE NO gq'7'64
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
PRESERVE AT PECAN CREEK PARTNERS, LTD FOR THE CITY'S PARTICIPATION IN
THE OVERSIZING OF WATER 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 water mains to be
designed, installed, and constructed by The Preserve at Pecan Creek Partners, Ltd in an amount
not to exceed One Hundred Forty Thousand Dollars ($ 140,000 00), 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, Texas and The Preserve at Pecan Creek
Partners, Ltd for the oversizing of approximately 6,100 linear feet of twelve (12") inch on -site
water main to a sixteen (16") inch water main, and for the design, installation, and construction
of approximately 2,404 linear feet of off -site sixteen (16") 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 The Preserve at Pecan Creek Partners, 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
SSACTION 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 / n ^ /
PASSED AND APPROVED tins the C day of a&' P` 2/ , 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
S \Our DocumentAOrdmances\99\Water Mam Cost Partictp Agrmt-Preserve ® Pecan Creek ord doe
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND
COUNTY OF DENTON § THE PRESERVE AT PECAN CREEK PARTNERS, LTD
WHEREAS, The Preserve at Pecan Creek Partners, Ltd hereafter referred to
as "Developer", whose business address is 4000 W Windsor Drive, Flower Mound,
Texas 75028 desires to develop and improve certain real property named The
Preserve at Pecan Creek (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 real property with adequate collection
capacity by designing, constructing and installing a water line of an inside diameter
of sixteen (16") Inches, hereafter referred to as the "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, desires 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 do hereby AGREE as follows
1 Developer shall design, install and construct approximately 2,404 linear
feet of sixteen (16„) inch off -site and 6,100 feet of sixteen (16") inch on -site water
mains 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 enter into a Development Contract prior to beginning
construction of the Oversized Facilities This Development Contract is attached
hereto as Exhibit II and is incorporated herein by reference This Agreement is
subject to and governed by said Development Contract and any other applicable
ordinances of City of Denton, Texas
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 its 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 - The Preserve at Pecan Creek Partners, Ltd 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 One Hundred Forty Thousand Dollars and No/100 ($140,000 00)
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 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,
(2) Thirty percent of the bid on the Oversized Facilities as
provided for in §212 072 of the Texas Local Government
Code or
(3) $140,000 00, 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 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 such 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 • The Preserve at Pecan Creek Partners, Ltd 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 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 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 shall, at its own cost
and expense, defend and protect the 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, representations, understandings, 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 the City
12 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 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
WATER MAIN PARTICIPATION AGREEMENT - The Preserve at Pecan Creek Partners, Ltd PAGE 3
EXECUTED this the � 'C day of _A&AAL , 1999
ATTEST
"DEVELOPER"
THE PRESERVE AT PECAN CREEK
PARTNERS, LTD
By
CITY OF DENTON, TEXAS
0
ichael \ 1 Jez/ iMManager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
r
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By /W � W--
WATER MAIN PARTICIPATION AGREEMENT - The Preserve at Pecan Creek Partners, Ltd PAGE 4
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