1997-367AN ORD][NANCE AUTHORIZING THE MAYOR TO EXECUTE A WATER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND D R CAMERON AND
ASSOCIATES, 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 w~shes to participate ~n the cost of overslz~ng a water hne to be designed,
installed, and constructed by D R Cameron and Assocmtes, Inc, m an amount not to exceed etghty-s~x
thousand seven hundred and s~xty dollars ($86,760), m accordance with §34-118(b)(2) of the Code of
Ordinance of the City of Denton and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the Mayor, or m h~s absence, the Mayor Pro Tam, is authorized to execute a
Water Mmn Cost Part~c~pation Agreement between the City and D R Cameron and Associates, Inc for
the overs~mg of an e~ght (8) ~nch water line to sixteen (16) ~nches, substanttally in the form of the
attached A~reement, which ~s made a part of th~s ordinance for all purposes, subject to D R Cameron
and Associates, Inc entenng into a Development Contract with the City, m accordance w~th Chapter 34
of the Code of Ordinances of the C~ty of Denton
SECTION II. That the City Manager is hereby authorized to make the expenditures as set forth m
the attached Agreement
SECTION III. That tbas ordinance shall become effective unmedmtely upon ~ts passage and
approval
PP~SSED AND APPROVED th~s the/~~-~f day of'-~~, 1997
ATT~'ST i
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS § WATER MAIN COST PARTICn~ATION
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON AND CAMERON & ASSOCIATES
WHERE , ..................... , hereafter referred to as Developer, whose business
address ts 2300 Hl~hland Village RoadsHlghland Village, Texas 75067, washes to develop and
improve c'~taln real property named Bent Creek Estates, Phase (as shown m Extublt I, attached
hereto and incorporated hereto by reference), located m the City of Denton, Texas or its extratem-
tonal jurisdiction, and is required to provide such property with adequate collection capacity by
deslgmng, constructing and installing a water line of a rmmmum reside diameter of eight inches
(8"), hereafter referred to as "required facilities," and
WHEREAS, the City of Denton, Texas, a mumclpal corporation located at 215 East
McKmney, Denton, Texas 76201, hereafter referred to as "City," m accordance with its ordinances,
washes to partmlpate m the cost of the construcUon and mstallatmn of sand water mare to provide for
an "oversized" water mare to expand its utthty system and insure adequate utility service to other
customers,
NOW, THEREFORE, m conslderauon of the mutual pronnses and covenants contained
hereto, Developer and City agree as follows
1 Developer shall design, install and construct a sixteen inch (16") water mann and all
necessary appurtenances thereto, hereafter referred to as "oversized faclhtms, 16," located as shown
on Extublt H, attached hereto and incorporated herein by reference
2 As required by Chapter 34 of the Code of Ordinances of the City of Denton, Texas,
Developer has entered into a Development Contract prior to begnmmg constmcuon of the oversized
facflltms Tins Development Contract is attached hereto as Exl'nblt 1TI and incorporated herein by
reference Tins Agreement is subject to and governed by ti'ns Development Contract and any other
applicable ordinances of City
3 Prior to begmmng construction of the oversized facfllues, Developer shall obtain, at
Developer's sole cost and expense, all necessary permits, licenses and easements The easements,
deeds and plats therefor obtanned by Developer shall be reviewed and approved as to form and
substance by City prior to the begnmmg of construction If Developer is unable to acqmre needed
easements, Developer shall provide City w~th any requested documentauon of efforts to obtain such
easements, including evidence ofnegouaUons and reasonable offers made to the affected property
owners Any easements for the oversized facilities obtained by the Developer shall be assigned and
dedacated 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 agannst any adverse clanm
made against such title
4 City's share in the cost of the oversized facilities, based upon the &fference in the cost
of installing required facilities, as detemuned by Oty, and the cost of the oversized facilities, as
determined by City, shall be in an amount not to exceed eighty-six thousand seven hundred dollars
WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 1
and no cents ($86,760 00) City may elect one of the followmg methods to determine City's share
of the cost
a) Developer shall prepare plans and specifications and furnish them to City
Developer shall also obhun payment and performance bonds in accordance
with Chapter 34 of the Code of Ordinances of the City of Denton City shall
competitively b~d the reqmred line and the oversized facthtles an accordance
w~th 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
pamclpatlon m cost as specified in this Agreement, or
b) Developer shall prepare plans and specffications and take bids on the reqmred
hne and the oversized facihties City shall pay Developer the least mount
of the following
(1) The dafference in the b~ds for the required hne and the oversized
faclhties,
(2) Tturty percent of the bid on the oversized facilities, as provided for
~n TEX LOC GOV'T CODE §212 072, or
(3) $86,760 00, the maximum participation cost allowed here~n
City shall not, in any case, be liable for any add~tional cost because of delays in begmmng,
contmumg 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 condalons,
differences m the calculated and actual per lmear feet of pipe or materials needed for the oversized
facilities, Developer's decision as to the contractors or subcontractors used to perform the work, or
any other reason or cause, specffied or unspecified, relating to the construction of the oversized
facilities
5 Within tturty (30) days of the acceptance of the facilities by C~ty, Developer shall submit
to City's Director of Utfltues the actual cost of the oversized faclhties Should the actual cost ofthe
oversized facflmes be less than the cost upon which C~ty's share was determined, City's share of the
cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the
actual cost of the oversized facihtaes and the determined cost for required facilities To determme
the actual cost of the oversized facilities, City shall have the right to mspect any and all records of
Developer, his agents, employees, contractors or subcontractors and shall have the right to reqmre
Developer to summit any necessary information, documents, invoices, receipts or other records to
verify the actual cost of the oversized facihtles
6 Wltlun sIXty (60) days of the date Developer submits satisfactory documentation of the
actual cost of the oversized facilities, as determined by City, C~ty shall pay to Developer City's share
of the cost thereof
WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 2
7 All notices, payments or communications to be g~ven or made pursuant to ttus al~=ment
by the parties hereto, shall be sent to Developer at the business address g~ven above and to the
D~rector of Utihlles for C~ty at the address g~ven above
$. Developer shall lndemmfy end hold City, lis officers and employees harmless from any
and all claims, damages, loss or habillty of any land whatsoever, by re~son of injury to proper/y or
person occaswnad by any act or onusswn, neglect or wrongdoing of Developer, lis officers, al/ents,
employees, mwtoe, contractors or other persons w~th regard to the performance oftlus agreement,
and Developer will, at ~ts own cost and expense, defend and protect City against any and all such
clauns and demands
9. If Developer docs not begin substantial construction of the overslzed facflmes vatlun
twelve (12) months of the effective date of execution oftlus agrecment, tlus agreement shall tenm-
nate, unless a wntten extension of this agreement ns approved by both partles
10 Th~s instrument, including the exiub~ts attached hereto, emboches the whole agreement
of the parties hereto and there are no prormses, terms, conditions or obhgat~ons other than those
contained or mcorporatad hereto Ttus agreement shall supersede all previous commumcat~ons, rep-
resentat~ons or agreements, either verbal or written, bctwcen the parhes hereto
11 This agreement shall not be assigned by Developer without the express written consent
of Oty
12 Any and all stats for any breach ofth~s contract, or any other su~t pertaining to or arising
out of this agreement, shall be brought and maintained m a court of competent.ltmsd~c~on m Denton
County, Texas
Executedtl s, the dayof ,1997
ATTEST
CITY OF DENTON, TEXAS
WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 3
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT PROUTY, CITY ATTORNEY
e/
WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 4
EXHIBIT I
16 INCH
WATERL
BENT CREEK ESTATES PHASE I
BENT CREEK ESTATES OVERSIZED FACILITIES
EXHIBIT II