1996-102J \%;PDOCS\ORD\DOUGLA$ ORD
ORDINANCE NO. ~
AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DOUGLAS AND
ASSOCIATES, LLC; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Douglas and Assocmates, LLC, hereafter referred to as
"Developer" wishes to develop and improve certain real property
named Lowe's Addition located in the City of Denton, Texas and is
designing, constructing and Installing a water main of a m~n~mum
inside diameter of eight inches, hereafter referred to as "required
facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporatmon
located at 215 East McKlnney, Denton, Texas 76201, hereafter
referred to as "City", in accordance with its ordmnances, wishes to
participate in the cost of the construction and installation of
said water main to provide for an "oversmzed" water main to expand
its utility system and insure adequate utility service to other
customers; NOW THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.
~ That the Mayor is authorized to execute a Water
Mamn Cost Participation Agreement Between the City of Denton and
Douglas and Associates, LLC under the terms and conditions
contained mn the Agreement attached hereto.
SECTION II. That the expenditure of funds as set forth mn the
Agreement is hereby authorized.
SE TION III. That this ordmnance shall become effectmve
immediately upon its passage and approval.
PASSED AND APPROVED this the ~___~ay of ~__, 1996.
BO CA~STLEBE~Y, MA
ATTEST: Y7
JENNIFER WALTERS, CITY SECRETARY
APPR D AS TO LEGAL FORM'
HERB~~RNEY
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
DENTON AND HORNE PROPERTIES, INC
COUNTY OF DENTON §
WHEREAS, l~, hereafter referred to as "Developer," whose business
address Is 412 Executive Tower Drive State 205, Knoxville, Tennessee 37930-1769, w~shes to
develop and improve certain real property named Lowe's Addition attached hereto and
~ncorporated hereto by reference), located in the City of Denton, Texas or ~ts extraterritorial
jurisdiction, and ~s reqmred to provide such property w~th adequate water capacity by des~gmng,
constructing and installing a water mare of a m~mmum ~ns~de dmmeter of e~ght mches (8"), here-
after referred to as "reqmred facflmes", and
WHEREAS, the C~ty of Denton, Texas, a mumc~pal corporatmn located at 215 East
McKmney, Denton, Texas, 76201, hereafter referred to as "C~ty," m accordance w~th its
orthnances, w~shes to partlc~pa~e m the cost of the construction and installation of smd water
mmn to prowde for an "oversized" water mare to expand ~ts utility system and insure adequate
utility service to other customers,
NOW, THEREFORE, m consideration of the mutual promises and covenants contained
herein, Developer and City agree as follows
1 Developer shall design, install and construct a sixteen ~nch (16") water mare and a
twelve tach (12") water mare and all necessary appurtenances thereto, hereafter referred to as
"oversn~ed facflmes", located as shown on Exhibit I, attached hereto and incorporated herein by
reference
2 As reqmred by Chapter 34 of the Code of Ordinances of City of Denton,Texas,
Developer shall enter into a Development Contract prior to beglnmng construction of the
oversized factht~es Th~s Development Contract shall be in substantially the same form as the
Development Contract attached hereto as Exhibit II and incorporated herein by reference This
Agreement shall be subject to and governed by the Development Contract and any other applica-
ble ordinances of City
3 Prior to beginning construction of the oversized faclht~es, Developer shall obtain, at
Developer's sole cost and expense, all necessary permits, hcenses and easements The
easements, deeds and plats therefor obtained by Developer shall be rewewed and approved as
to form and substance by C~ty prior to the beglnmng of construction If Developer is unable to
acqmre needed easements, Developer shall provide C~ty w~th any requested documentation of
efforts to obtain such easements, including ewdence of negotmtlons and reasonable offers made
to the affected property owners Any easements for the oversized facflmes obtained by the
Developer shall be assigned to C~ty, ff not taken in City's name, prior to acceptance of the
WATER MAIN pARTICIPATION AGREEMENT / HOP~NE PROPERTIES, INC
PAGE 1
oversized fac]hUes, and Developer warrants clear title to such easements and wdl defend City
against any adverse clann made against such Utle
4 City's share m the cost of the oversized fac]htles, based upon the difference m the
cost of installing reqmred fac]htleS, as determined by City, and the cost of the oversized
fac]hUes, as determined by City, shall not be m an amount not to exceed Twenty Three
Thousand ].~aght Hundred Tinrty Three Dollars and No Cents ($23,833 00) City may elect one
of the following methods to determine the City's share of the cost
a) The Developer shall prepare plans and specfficauons and furmsh
them to the City City shall competitively bid the requuv, d hne
and the oversLzed fac]hUes m accordance with Chapter 252 of the
Local Government Code The chfference m the Inds shall be used
to determine the City's share, subject to the City's maxtmum
pamcipat~on m cost as speCLfied m tins Agreement, or
b) The Developer shall prepare plans and specLqcat~ons and take bids
on the requrred hne and the overs~.ed fac]hUes City shall pay
Developer the least amount of the following
(1) The chfference m the bids for the requL, ed line and
the oversv~xi fac]hUes,
(2) Tinrty percent of the bid on the oversized fac]hty,
as provided for m SecUon 212 072 of the Local
Government Code, or
(3) $23,833 00, the maxnnum pamcipat~on cost al-
lowed berem
City shall not, m any case, be hable for any addmonal cost because of delays m begmmng,
continuing or completing construction, changes m the price or cost of materials, supphes, or
labor, unforeseen or unanUcipated cost because of topography, sod, subsurface, or other site
concht~ons, differences m the calculated and actual per linear feet of pipe or materials needed
for the ovors~ed fac]hUes, Developer's decision as to the contractors or subcontractors used to
perform the work, or any other reason or cause, specLfied or unspec~f'w.d, relating to the con-
strucuon of tho oversized fac]hUes
5 Within thn~y (30) days of the acceptance of the fac]hUeS by City, Developer shall
subnut to the City's Director of Ut]ht~es the actual cost of the overstzed fac]ht~es Should the
actual cost of the oversized fac]hUeS be less than the cost on winch City's share was determined,
City's share of the cost shall be reduced propomonally, on a per hnear foot basis, based upon
the difference of the actual cost of the oversized fac]hUes and the determined cost for requrred
fac]htleS To determine the actual cost of the overs~d fac]htles, City shall have the right to
respect any and all records of Developer, ins agents, employees, contractors or subcontractors
WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC
PAGE 2
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 facflmes
6 W~thm s~xty (60) days of the date the Developer submits satisfactory documentation
of the actual cost of the oversized facflmes, as determined by City, City shall pay to Developer
xts share of the cost thereof
7 All notates, payments or commumcat~ons to be given or made pursuant to th~s
Agreement by the part,es hereto, shall be sent to Developer at the bus~ness address given above
and to the Director of Utilities for the City at the address g~ven above
8 Developer shall lndemmfy and hold City harmless from any and all claims, damages,
loss or habthty of any kind whatsoever, by reason of ~njury to property or person occasioned
by any act or ommslon, neglect or wrongdoing of Developer, its officers, agents, employees,
mvxtees, contractors or other persons wxth regard to the performance of th~s Agreement, and
Developer will, at ~ts own cost and expense, defend and protect City against any and all such
claims and demands
9 If Developer does not begin substantml construction of the oversized facflmes w~thm
twelve (12) months of the effective date of this Agreement, this Agreement shall terminate
10 Thru ~nstnunent embodies the whole Agreement of the part,es hereto and there are
no promises, terms, conditions or obhgatlons other than those contained or incorporated herein
This Agreement shall supersede all prewous commumcatlons, representations or Agreements,
either verbal or written, between the part,es hereto
11 Th~s Agreement shall not be assigned by Developer w~thout the express written
consent of C~ty
12 Any and all suits for any breach of this contract, or any other stat pertalmng to or
arising out of tins Agreement, shall be brought and maintained m a court of competent jurisdic-
tion in Denton County, Texas
Executed thlS the/~t''~' day of ~..~, 19_~
DEVELOPER
ATTEST
CITY OF DENTON
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM,
HERBERT PROUTY, CITY ATTORNEY
C \WPDOCSbK\
WATER HAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC
PAGE 4