1987-104~795L
NO
AN ORDINANCE APPROVING A CONTRACt FOR THE CITY'S PARTICIPATION IN
THE COST OF INSTALLING AN OVERSIZED SEWER MAIN, AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS
1HEREFORE, 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 ~ndebtedness shall
be by ordinance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN5
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 ~n the cost of providing an oversized sewer main in
accordance with said agreement and the Mayor is hereby authorized
to execute the agreement on behalf of the City
SECTION II That the City Council authorizes the expenditure
of f~ndS in the manner and amount as specified in the agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval ~
PASSED AND APPROVED thls~~ day of __, 1987
RAY ST~FFENS,~AYOR
CITY O~ DENTOn, TEXAS
ATTEST
JENNI~R'~A]Fr~RS, CITY SECRETARY
CITY O~ DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
CITY OF DENTON, TEXAS
1793L
£HE STATE OF TEXAS § SEWER MAIN COST PARTICIPATION
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 225214 MS 399, Dallas, Texas 75265, wishes to develop and
improve certain real property located in the City of Denton,
Texas or ItS extraterritorial jurisdiction, and is required to
provide such property with adequate sewer by designing,
constructing and installing a sewer ma~n of a minimum inside
diameter of twelve inches (12"), hereafter referred to as
"required facilities'l, and
WHEREAS, the C~ty of Denton, Texas, a municipal corporation
located at 215 E McKlnney, Denton, Texas 76201, hereafter
referred to as "City," in accordance with Its ordinances, wishes
to participate in the cost of the construction and installation
of said sewer main to provide for an "oversized" sewer 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 agree as follows
1 Developer shall design, install and construct an eighteen
(18") and twenty-four (24") sewer main and all necessary appurte-
nances thereto, hereafter referred to as "oversized facilities",
located as shown on Exhibit A, attached hereto and incorporated
herein by reference
2 Pr~or to beginning construction of the oversized facil-
ities, Developer shall enter into a Development Contract, as
required by Appendix A of the Code of Ordinances of C~ty This
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 oversized facil-
ities, Developer 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
prior to the beginning of construction If Developer is unable
to acquire needed easements, Developer shall provide C~ty w~th
any requested documentation of efforts to obtain such easements,
tncludlng evidence of negotlattons and reasonable offers made to
the effected property owners Any easements for the overstzed
factlltxes obtatned by the Developer shall be assigned to Ctty,
tf not taken in Ctty~s name, prior to acceptance of the over-
sized facilities, and Developer warrants clear title to such
easements and wxll defend City against any adverse clatm made
against such title
4 The City's share in the cost of the oversized facilities,
based upon the difference in the cost of tnstalltng requtred
facllttles, as determined by City by public bids on the same or
sxmtlar projects on a per linear foot basts, and the cost of the
overstzed facilities, as determtned by the Ctty, based upon the
amount of a b~d from the lowest responsible bidder on the same or
s~mtlar oversized fac~lltxes, shall be tn an amount not to exceed
One Hundred Thirty Eight fhousand Three Hundred Dollars
($138,300 00), and City shall not, tn any case, be liable for any
addttlonal cost because of delays ~n begxnnlng, continuing or
completing construction, changes in the price or cost of
materials, supplies, or labor, unforeseen or unanttctpated cost
because of topography, soil, subsurface, or other s~te
conditions, d~fferences in the calculated and actual per ltnear
feet of pxpe or materials needed for the oversized factllt~es,
Developer's decision as to the contractors or subcontractors used
to perform the work, or any other reason or cause, specified or
unspectfled, relating to the construction of the oversized
factlltles
5 Wtth~n thxrty (30) days of the acceptance of the faclltttes
by the City, Developer shall submtt to the Ctty's D~rector of
Utilities the actual cost of the overstzed fac~llttes Should
the actual cost of the oversized factltttes be less than the cost
on which the City's share was determtned, the Ctty's share of the
cost shall be reduced proportionally, on a per linear foot basts,
based upon the dtfference of the actual cost of the overstzed
facilities and the determined cost for required factlltles To
determine the actual cost of the oversized faclltttes, Ctty shall
have the right to inspect any and all records of Developer, hts
agents, employees, contractors or subcontractors and shall have
the right to require Developer to submtt any necessary tnforma-
lion, documents, lnVolces~ receipts or other records to verify
the actual cost of the oversized factltt~es
6 Within thirty (30) days of the date the Developer has
submitted satisfactory documentation of the actual cost of the
oversized facilities, as determined by City, City shall pay to
Developer its share of the cost thereof
SEWER MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC
PAGE 2
7 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 business address given above and to the
Director of Utilities for the City at the address given above
8 Developer shall indemnify and hold City harmless from any
and all claims, damages, loss or liability of any k~nd whatso-
ever, by reason of injury to property or persons occasioned by
any act or omission, neglect or wrongdoing of Developer, ~ts
officers, agents, employees, lnvltees, contractors or other
persons with regard to the performance of this agreement, and
Oeveloper will, a its own cost and expense, defend and protect
City against any and all such claims and demands
9 If Developer does not begin substantial construction of
the oversized facilities wtthln twelve (12) months of the
effective date of this agreement, this agreement shall terminate
10 This ~nstrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained here~n This agreement
shall supercede all previous communications, representations or
agreements, exther verbal or written, between the parties hereto
11 This agreement shall not be assigned by Developer without
the express written consent of Ctty
12 Any and all su~ts for any breach of this contract, or any
other suit pertaIning to or arising out of th~s contract, shall
be brought and maintained in a court~ of competent ]urlsdtctlon
in Denton County, Texas~
Executed this the~''- day of ~_ , 1987
TEXAS INSTRUMENTS, INC , OWNER
Lewl s McMahan
vice President
ATTEST Corporate Staff
SECRETARY
SEWER MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC
PAGE 3
CITY OF DENTON, TEXAS
ATTEST
JENNER WA~TER~S,-CITY SECRETA
CITYk, fl)F DENTON, TEXAS
APPROVED AS TO LEGAL FORM
D~BRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
SEWER MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC
PAGE 4