1987-1051793L
AN ORDINANCE APPROVING A CONTRAC£ FOR THE CITY'S PARTICIPATION IN
THE COST OF INSTALLING AN OVERSIZED SEWER MAIN, AUTHORIZING THE
MAYOR rO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton wishes to enter into an agreement
to participate in the cost of providing an oversized sewer main,
and
WHEREAS, the Code of Ordinances requires that the City Council
approve all expenditures $10,000 or more and Section 2 09 of the
City Charter requires every act of the Council providing for the
expenditure of funds or for the contracting of indebtedness shall
be by ordinance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves the Sewer
Main Participation Agreement, attached hereto, between the City
and Texas Instruments, Inc to provide for the City's partici-
pation in the cost of providing an oversized sewer main tn
accordance with said agreement and the Mayor ts hereby authorized
to execute the agreement on behalf of the City
SECTION II That the City Council authorizes the expenditure
of funds in the manner and amount as specified in the agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
SECTION IV That ordinance No 87-104 is hereby, tn all
things repealed tn its entlre~ ~
PASSED AND APPROVED this day of , 1987
ATTEST
Jt~IFER~LThR~, CITY SECRETAR
C~T~ OF D~NTON, TEXAS
APPROVED AS TO LEGAL FORM
DkBRA AD~I DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1/93L
THE STATE OF TEXAS ~ SEWER MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWEEN tHE CITY OF DENTON
COUNTY OF DENTON ~ AND TEXAS INSTRUMENTS, INC
WHEREAS, Texas Instruments, Inc , hereafter referred to as
"Developer," whether one or more, whose business address is
P 0 Box 2Z5214 MS 599, Dallas, Texas 75265, wishes to develop
and improve certain real property located within the City of
Denton, Texas or its extraterritorial jurisdiction, and ~s
described in Exhibit A attached hereto and incorporated herein by
reference, and IS required to provide such property with adequate
sewer service by designing, constructing and ~nstalllng a sewer
main, and
WHEREAS, the City of Denton, a municipal corporation located
at 215 East McKlnney, Denton, Texas 76201, hereafter referred to
as "City," in accordance with its ordinances, may reimburse
Developer for the costs of the sewer ma~n designed, constructed
and installed by Oeveloper based upon prorata charges paid to the
City by persons connecting to such sewer main,
NON, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows
1 Developer shall design, install and construct, at no cost
to the C~ty, a ten inch (10") sewer main and all necessary
appurtenances thereto, hereafter referred to as "facilities,"
extending a total distance of approximately nine thousand and
f~fty feet (9,050'), located as shown on Exhibit A, attached
hereto and incorporated herein by reference
2 Prior to beginning construction Developer shall enter into
a Development Contract, as required by Appendix A of the Code of
Ordinances of City Th~s agreement shall be subject to and
governed by such Development Contract, which is incorporated
herein by reference, and any other applicable ordinances of City
3 Prior to beginning construction of the facilities, Deve-
loper shall obtain, at Developer's sole cost and expense, all
necessary permits, licenses and easements If easements are
needed, the deeds therefore obtained by Developer shall be
reviewed and approved as to form and substance by City pr~or 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
effected property owners Any easements for the facilities
obtained by tl~e Developer shall be assigned to City, ~f not taken
in City's name, prior to acceptance of the facilities. ~n~
-~z ~g&l~$% ~"l ..................... ~ - - ....
4 The estimated cost of the design, construction and
installation of facilities, as determined by public bids on the
same or similar projects, on a per linear foot basis, is Twenty-
one Dollars ($21 00) per linear foot or One Hundred Twenty-seven
Thousand Seven Hundred and Eighty-five Dollars ($127,785 00) for
the estimated nine thousand and fifty feet (9,050) linear feet
for the facilities
5 Within thirty (50) days of the acceptance of the
facilities by the City, Developer shall submit to the City's
Director of Utilities the actual cost of the facilities To
determine the actual cost of the facilities, City shall have the
r~ght to inspect any and ali records of Developer, h~s 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 facilities The Director of Utilities shall
review and verify the actual cost of the facilities and certify
the allowable reimbursable cost and the date facilities were
accepted, which certificate shall be attached hereto and be
incorporated herein by reference
6 After title to the facilities have vested in the City,
the City shall collect a prorata charge from any person
connecting to the facilities in accordance with the provisions
of Appendix A of the Code of Ordinances of the City ~ith~n
thirty (30) days of the receipt of such prorata charges the City
shall transfer such amount collected to Developer
7 The C~ty shall transfer to Developer prorata charges col-
lected for a period of time of twenty (20) years from the date
facilities are accepted by City, as specified herein, but shall
not transfer or reimburse to the Developer an amount of funds in
excess of the certified cost of the facilities
8 The part~es hereto recognize that the facilities subject
to this Agreement are necessary to provide sewer servlce+°the
Developer's property Should the City decide that it wishes to~'~
participate in the cost of funding a sewer main that would
provide greater sewer capacity~ the facilities Developer
required to install, the Devel6per and City may enter into a
separate Sewer Main Participation Agreement to provide for the
sharing of cost of such oversized main If such agreement is
entered into, the actual oversized sewer main to be constructed
shall be governed by such agreement, but the prorata charges to
be collected and transferred to Developer shall be based on the
terms of this agreement, as though the facilities subject to
this agreement were installed
SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS,
INC PAGE 2
9 The prorata charges to be collected by the City and
transferred to Developer in accordance with the ordinances of the
City and this agreement is intended to reimburse the Developer
for the Developer's cost of the facilities by requiring persons
connecting to such facilities, and benefiting thereby, to
participate in the cost of such facilities This agreement shall
not be considered to impose any obligation or l~ab~l~ty upon the
City to pay for such facilities from its general revenues, bond
funds or any other revenues it may receive, except for those
prorata funds received from persons connecting to such facilities
10 Should any court of competent jurisdiction determine that
all or part of the City's ordinances on which the prorata charges
to be paid to developer under this agreement are based are found
to be unlawful are invalid, the City may cease to charge or
collect such prorata charges for connection to the facilities and
will have no further obligation hereunder
11 Ail notices, payments or communications to be given or
made pursuant to this agreement by the parties 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 given above
12 The Developer shall ~ndemn~fy and hold the C~ty harmless
from any and all claims, damages, loss or liability of any k~nd
whatsoever, by reason of injury to property or persons occasioned
by any act or omission, neglect or wrongdoing of Developer, its
officers, agents, employees, lnv~tees, contractors or other
persons with regard to the performance of th~s agreement, and
Developer will, at ~ts own cost and expense, defend and protect
the C~ty against any and all such claims and demands
15 This instrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained herein Tb~s agreement
shall supercede all previous communications, representations or
agreements, e~ther verbal or written, between the parties hereto
14 This agreement shall not be assigned by Developer without
the express written consent of City
1S Any and all suits for any breach of th~s agreement, or
any other suit pertaining to or arising out of th~s agreement,
shall be brought and maintained ~n a court of competent juris-
diction in Denton County, Texas
16 This agreement shall be effective for a period of twenty
(20) years from the date facilities are accepted by City or until
Developer has been pa~d all allowable reimbursable prorata charges
for the facilities, whichever occurs first, provided, however,
should Developer fall to begin substantial construction of the
SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS,
INC PAGE 3
facilities within one year from the date of this agreement, this
agreement shall terminate
Executed th~s the day of , 1987
TEXAS INSTRUMENTS, INC ,
DEVELOPER
Lewl ~McMahan
Vice President
Corporate Staff
A~ITEST
SECRETARY
CITY OF DENTON, TEXAS
BY RAY S~EPHENS /
ATTEST
J~IFE~i~ALTER8, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS,
INC PAGE 4
facilities within one year from the date of this agreement, th~s
agreement shall terminate
Executed this the ~ ~day of 6~ / , 1987
TEXAS INSTRUMENTS, INC ,
DEVELOPER
Lewis McMahan
Vtce President
Corporate Staff
ATTEST
CITY OF DENTON, TEXAS
RAY STEPHENS /
ATTEST
API~ROVED AS TO LEGAL FORM
DEBRA ADANI DRAYOVITCH, CITY ATTORNEY
SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS,
INC PAGE 4
DENTON MUNI ,~AL UTILITIES CERTIFICATE t ACTUAL COST
CITY OF DENTON AND
PARTICIPATION AGREEMENT DATED 9th June, 1987
FACILITY DESCRIPTION 12" en 1R" ~.d 24" ~ewerm~n in approximately 8900 if from
ACTUAL COST OF FACILITIES
DEVELOPER / OWNER SHARE OF COST $ lq6;7~A-?/'
CITY S SHARE
I hereby certify the completion of the here~nreferenced fac~lmes and certify the actual cost of the
C~ty's partm~pat~on to be as stated above Th~s statement shall be attached to the ongmal
participation agreement and become a part thereof
~~ ~ ~/~ ) Date
~rector of Utilities b Y ' /
~otarg ~ubhc
BILL HAZELWOOD, INC.
UTILITIES CONSTRUCTION
BILL HAZELWOOD 214 892 4019
JOHN STEPHEN$ON [~ay 20, 1988 PO BOX 966
OWNERS SHERMAN TEXAS 75090
Mr Dave Hamm 7029 D18
City of Denton
215 E McKinney
Denton, Texas 76201
Dear Mr Hamm
Bill Hazelwood, Inc has received payment of $283,596 25 for
installation of sanitary sewer and drainage facilities at Texas
Instruments Addition in accordance with its final payment re-
quest, Invoice No 1248
Sincerely,
STATE OF TEXAS
Before me, the undersigned Notary Public for the State of Texas,
on this day personally appeared Bill Hazelwood, president known
to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purpose and considerations therein expressed*and in the capacity
stated
Given under my hand and seal of office this the 29t__h daY of May,
1988 ~~
CONTRACTOR'S CER~--ICATION Orig~..al Contract
I, John Ml!ler An~unt
the underslgned upon oath do depose and
~a~ that I hav~ full ?nowledge of the a-
bove aha foregozng account, that the ac- Total Addltzons
count zs lUSt, correct, due, and accordlng
to law and t at tho amount clalmed after
allowzn4 all lUSt credits. ~$ now due and
wholly unpald, and that I am authorized Total Deductlons
~o make thcs affidavit, ~o help me God
CLAIMANT. Bill Handiwood.
SuDscrl~ed and sworn to before me
~otal Work
--~k 14 , 1988, my co~sslon to Date 283,596 25
~~~ M ater~al
On qand
Total Work
& ~ater~al 283,596 25
~GIqELR'$ CERTIFICATION ~ount Retained
( ) Per Cent 0
I certify that I have checked and verified
th~s E tlmate No ~ for the per~od of
Less Previous
that to th~ best of my nowledge and be- Blll~ngs 255,23g 62
l~ef ~t .s a true ~nd correct state.hr of
work performeG and/or materials supplle~
by the Contractor In full accordance w&th ~unt Due
the terms an~ ~ond~t~ons of the Contract Th~s Estimate 28,359 63