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1998-101 ORD= CE NO q P / AN ORE)] NANCE AMENDING THE ~SCHEDULE OF WATER RATES CONTAINED IN ORDINA~ [CE 97-237 FOR WATER SERVICE FOR "WFH METERED WATER FROM FIRE HYDRANr" TO INCREASE THE DEPOSIT TO $800 00, PROVIDING AUTHORIZATION FOR WATER UTILITIES TO REQUIRE A CONTRACT FOR THE USE OF FIRE HYDRANr METERS REQUIRING A SECURITY DEPOSIT, MINIMUM CHARGE FOR FAILURE TO PROVIDE METER FOR MONTHLY READING, AND ENFORCEMENT IF FIRE H~DRANT METER AND BACKFLOW PREVENTION ASSEMBLY IS NOT RETURN~D, PROVDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTI' Fig DATE W~ tEREAS, the City of Denton,Water Utilities provides fire hydrant meters for use by contractor ~ and Water Utflmas m now required to also provide a backflow prevention assembly wath the fl re hydrant meter, and W~ iEREAS, a deposit to secure the return of the fire hydrant meter is m effect but does not take ir to account the value of the backflow prevention assembly, and W -IEREAS, contractors are fmlmg to bnng in the fire hydrant meter for reading every month as :eqmred and also are furling to return the fire hydrant meter and backflow preventmn assembly m reqmred after use, and W ~IEREAS, the C~ty Council finds that tho deposit to secure the fire hydrant meter and backflow ~reventlon assembly should be increased and that a contract should bc provided to help secure the proper reachng of water used, through fire hydrants by providing a m~mmum monthly charge fm water use and help secure the return of the fire hydrant meter and backflow prevention assembly, NOW, THEREFORE, THE COONCIL OF THE CITY OF DENTON HEREBY ORDAINS / ~ That Ordinance 97-237 Schedule "WFH Metered Water From Fire Hydrant" concermng deposits is hereby amended to read as follows DEPOSIT $800 00 per meter and backflow prevention assembly U; ;er shall place a depomt each time a City's hydrant meter and backflow prevention as ~embly are requested Depomt wall be returned when meter and backflow preventmn as tembly are returned and final bill m prod $] ~,CTION II. That a copy of this orchnanee shall be attached to Ordananee No 9%237 SI tCTION III. That save and except as amended hereby, all the sections, sentences, and clauses o !Ordananee No 97-237 shall remmn m full force and effect ~ That Water Utahtles lS authorized to reqmre a written contract in a form similar to Exhxb~t "A" whlch is hereby incorporated by reference, to help secure the proper reading of the fire hydrant meter every month by authonzmg a minimum charge of use at lO0,O00 gallons and to help secure the return of the fire hydrant meter and baekflow prevention assembly ~ That tins ordinance shall become effective amme&ately upon its passage and approval JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY \\CH LGL\VOLl~shared\dept~LGL\Our Documents\Ordmanceskgg~Flre Hydrant Meter doc FIRE HYDRANT METER USE AGREEMENT This Agreement is made between .(hereinafter called the "CONTRACTOR") and the City of Denton a mumclpal corporation (hereinafter called the "City") In consideration of the mutual covenants contained m this Agreement and other valuable considerat~on the receipt of which is acknowledged, the parties agree as follows 1 On the terms and condmons set out m th~s Agreement or as otherwise prowded here, the C~ty agrees to let the CONTRACTOR use the following fare hydrant meter number and the backflow preventaon assembly 2 The CONTRACTOR shall use the Equipment only m the manner for which it was designed and intended and so as to subject it only to ordinary wear and tear The CONTRACTOR shall not pemut any Equipment to be used m vlolaiaon of any federal, state, or municipal laws, ordinances, rules or regulations, or cunt~ary to the provisions of this Agreement The CONTRACTOR shall mdemmfy and hold the City harmless from any and all fmcs, forfeitures, damages or penalties resulting from violations by the CONTRACTOR 3 The term of this Agreement shah commence on ., 19~, and ending when the equipment is returned m good condmon excepting normal wear and tear 4 The CONTRACTOR agrees to pay to the City on the farst of each month starting on __ of , 19__ a fee of $32 50 a month for the possession and use of the fare hydrant meter and the bacldlow prevenlaun assembly dunng the cuntmuance of this Agreement 5 No Encumbrances (a) Nothing shall affect the City absolute ownership of and tatle to the fire hydrant meter and backflow prevention assembly The ownership and t~tle are reserved and retained by the City (b) The CONTRACTOR agrees that it will not, m any manner, suffer or pernut any of the Eqmpment to be pledged, seazed, or held for any tax, debt, lien, or obhgat~on arising because of the CONTRACTOR (c) The CONTRACTOR will pay and discharge when due all taxes, fees, assessments and other governmental charges or levies unpused during the term of this Agreement with respect to any of the Equipment, provided that the tax, fee, assessment, charge or levy need not be paid if, and so long as, its vahd~ty shall currently be contested by appropriate proceedings In case of the CONTRACTOR'S failure so to do, the City may recover the property and all cost of such recovery shall be munethately be due and payable from thc CONTRACTOR 6 Return of Equipment The CONTRACTOR shall at thc end of this Agreement or at the earlier exp~rai~un or other tornunat~on of this Agreement with respect to the fare hydrant meter and backflow preventaon assembly, deliver the equipment m good order and repaar, reasonable wear and tear excepted, free and clear of all liens, charges and encumbrances of any nature excepting only those granted by or arising through the City 7 Indemndicatlon Except as otherwise provided m this Agreement, the CONTRACTOR shall release fully and hold the City, its agents and employees harmless and will mdemmfy them from all habdmes, including costs and legal fees, ff any, including clamas for damages on account of loss or damage to the property of, members of the public, the agents, servants employees, licensees, tenants, lessees and patrons of the City, in any manner attributable to or arising out of the ownership, operation or mamtanance of the Equipment, regardless of whathar caused m whole or m part by the negligence of the City, provided, however, that this provision shall not apply to babdlt~es proxunately caused by acts of the City, which constitute wdlful and wanton negligence or crmunal acts 8 Loss of Equipment If any of the Equipment ~s lost, stolen, or willfully or accidentally destroyed, the CONTRACTOR will not~fy the City munethately m writing and use all reasonable endeavors at the CONTRACTOR'S own expense to recover the Equipment 9 The CONTRACTOR has this day deposited with the City of Denton the sum of Eight Hundred Dollars ($800 00), the receipt whereof is hereby acknowledged by the City, as security for the payment of use of the fire hydrant meter and backflow prevention assembly, and for the faithful performance by it of all the other obhgation hereunder, and for the payment of any and all sums of money fur which it may be, or become, hable hereunder Said sum of $ Dollars or so much thereof as shall not be applied for the purposes aforesaid, shall be returned to the CONTRACTOR, its successors or assigns, at the expiration of this Agreement, and upon the surrender of the fire hydrant meter and hackflow prevention assembly, provided all the terms, condit~ons, covenants and agreements hereto mentioned have been performed by the said CONTRACTOR, its successors and assigns 10 The CONTRACTOR shall on or before the 3~a of each month dunng the term of this Agreement bring the fire hydrant meter m for reading and physical inspection by the City If the CONTRACTOR fails to do so it will agree and accept to pay the billing from the City that is equivalent to the use of 100,000 gallons of water for that month If within the tane to pay the billing the CONTRACTOR bnng the fire hydrant meter in for reading the CONTRACTOR will be billed for the actual mount of water used The security deposit may be used against any billing that is due and outstanding at the tune of the termination of this Agreement 11 Default (a) If, during the continuance of this Agreement one or more of the following events ("Events of Defanlt") shall occur (0 default shall be made m the payment of any payment to be made by the CONTRACOTR and the default shall continue for 30 days after wrmen notice from the City to the CONTRACTOR of the default and demand that it be remedied, (n) Default shall be made m the observance of performance of any other of the covenants, conthtions and agreements on the part of the CONTRACTOR contained here and the default shall continue for 30 days after written notice from the City to the CONTRACTOR, spemfymg the default and demanding that it be remedied, then m any such case the Authority, at its option, may exercise any or all of the following rights (iii) Proceed by appropriate court action, either at law or in equity, to enforce performance by the CONTRACTOR of this Agreement or to recover damages for breach, or (iv) By notice m writing to the CONTRACTOR, terminate this Agreement, at which tune all right of the CONTRACTOR to the use of the Equipment shall terminate as though tins Agreement had never been made, but the CONTRACTOR shall remain liable as provided below, and the City may then by its agents enter upon the premises of the CONTRACTOR or other preunses where any of the Equipment may be located and take possession of all or any of the Equipment and possess the Equipment free from any right of the CONTRACTOR, or its successors or assigns, to use the Equipment for any purpose whatever, but the City shall, nevertheless, have a right to recover from the CONTRACTOR all amounts winch under the term of tins Equipment Agreement may be then due or which may have accrued to the date of the termination, or (v) Pay any expense or charges winch the CONTRACTOR is obligated to pay pursuant to this Agreement winch the CONTRACTOR has failed timely to pay These amounts shall then be mediately due and payable by the CONTRACTOR to the City (b) The remedies m this Agreement provided in favor of the City shall not be deemed exclusive, but shall be in adthtion to all other reme&es m its favor existing at law or m equity The CONTRACTOR waives any mandatory reqmrements of law, now or subsequently m effect, which nught lnmt or modify any of the remedies here, to the extent that the waiver is permtttad by law (c) The failure or delay of the City to exercise the rights granted it here upon any occurrence of any of the events set out her shall not constitute a waiver of any right upon the continuation or recurrence of those or similar events (d) The CONTRACTOR shall promptly advise the City of all correspondence, notices, accident reports and other documents, received by the Corporation and asserting any clawa or demand mvolvmg or relating to title to, or liens upon, the Equipment and will Fire Hydrant Meter Use Agreement - Page 2 notify the City of any claun of injury or property damage mvolvmg the Equipment dunng the term oft.his Agreement 11 Warranty Dlsclauner THE CITY, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT, MAKES NO EXPRESSED OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT, THE AUTHORITY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE DESIGN OR CONDITION OF THE EQUIPMENT, THE WORKMANSHIP IN THE EQUIPMENT, COMPLIANCE OF THE EQUIPMENT WITH THE RQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING TO THE EQUIPMENT PATENT INFRINGEMENT, LATENT DEFECTS, AND TITLE The City and the CONTRACTOR shall cooperate for the purpose of obtammg the full benefit of any manufacturers' warrant;es with respect to the Equipment 12 Dlsclanner of Laabthty Neither the Mayor nor any individual Council member of the City Council or its employees or agents shall be personally liable to the CONTRACTOR m any way by reason or any clause of this Agreement 13 Governing Law Tlus Agreement shall be construed in according with and be governed by the laws of the State of Texas 14 Notices Any noUce required or permitted by this Agreement shall be m writing and may be either delivered m person or delivered by depositing in the Umted States Mall, postage paid, addressed to the followmg The City of Denton Contractor 215 E McKnmey Denton, Texas 76201 Printed Name Address 15 Assignment The CONTRACTOR agrees that this Agreement shall not be assigned or transferred without the prior written consent of the City and that any successor to the CONTRACTOR'S rights under this Agreement will be reqmred to accede to all of the terms, cundmons and reqmrements of this Agreement as a condihon precedent to 16 Agreement shall be of any effect unless the change or modfficatton is embodied m an amendment which is dated and is reduced to a writing executed by both purees and approved by the City No costs or obhgat~ons shall be mcurred m consequence of any amendment to this Equipment unless and until such a written amendment has been executed 17 Severabfllty The purees agree that if any provision of this Agreement shall be held mvahd for any reason, the remaunng provisions shall not be affected if the remammg Fire Hydrant Meter Use Agreement - Page 3 provisions may c0ntmue to conform with the purposes of thts Agreement and the requirement of applicable law 18 Headings The headmgs of this Agreement are for convemence and reference only and m no way lnmt or describe the scope or intent of thts Agreement SIGNED ON THIS THE day of. ,19 CITY OF DENTON CONTRACTOR By By Name T~e F \shared\dept\LGL\Our Documents\Contracts\98~FIRE HYDRANT USE AGREEMENT doc F~re Hydrant Meter Use Agreement - Page 4