1987-1031794L
NO
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARRICIPATION IN
THE COST OF INSTALLING AN OVERSIZED WATER MAIN, AUTHORIZING THE
MAYOR TO EXBCU[E THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Clty of Denton wishes to enter into an agreement
to participate xn the cost of providing an oversxzed water ma~n,
and
WHEREAS, the Code of Ordxnances requires that the Cxty Councxl
approve all expendxtures $10,000 or more and Sectxon 2 09 of the
Llty Charter requxres every act of the Councxl provldxng for the
expendxture of funds or for the contractxng of xndebtedness shall
be by ordinance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Councxl hereby approves the Water
Maxn Participatxon Agreement, attached hereto, between the Cxty
and Texas Instruments, Inc to provide for the C~ty's partxcx-
patxon in the cost of prowdlng an oversxzed water maxn xn
accordance wxth said agreement and the Mayor xs hereby authorxzed
to execute the agreement on behalf of the City
SECTION II That the City Councxl authorxzes the expendxture
of funds in the manner and amount as specxfxed xn the agreement
SECTION III That thxs ordinance shall become effective
xmmediately upon xts passage and approval ~
PASSED AND APPROVED thxs~_~day of , 1987
ATTEST
JENN~IF~R W~YLTBRS, CITY SECRETARY
LITY~bF DE~TON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1794L
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREE-
MENT BETWEEN THE CITY OF DENTON AND
COUNTY OF DENTON § TEXAS INSTRUMENTS, INC
WHEREAS, Texas Instruments, Inc , hereafter referred to as
"Developer," whether one or more, whose bus~ness address is P O
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 water by designing, constructing and
installing a water main of a minimum inside diameter of twelve
inches (12"), hereafter referred to as "required facilities", and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 E McKlnney, Denton, Texas 76201, hereafter
referred to as "Clty~" in accordance with its ordinances, wishes
to participate in the cost of the construction and installation
of said water main to provide for an "oversized" water main to
expand its utility system and insure adequate utility service to
other customers,
NOW, THEREFORE, xn consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows
1 Developer shall design, install and construct a sixteen
inch (16") water main and all necessary appurtenances thereto,
hereafter referred to as "oversized facilities," located as
shown on Exhibit A, attached hereto and incorporated herein by
reference
2 Prior 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 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
5 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 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 oversized
facilities obtained by the Developer shall be assigned to City,
xf not taken in City's name, prior to acceptance of the over-
sized facilities, and Developer warrants clear title to such
easements and will defend City against any adverse claim made
against such title
4 The City's share in the cost of the oversized facilities,
based upon the d~fference in the cost of installing required
facilities, as determined by City by public bids on the same or
similar projects on a per linear foot basis, and the cost of the
oversized facilities, as determined by the City, based upon the
amount of a bid from the lowest responsible b~dder on the same or
similar oversized facilities, shall be in an amount not to exceed
Fifty-Four Thousand Three Hundred Dollars ($54,300 00), and C~ty
shall not, in any case, be liable for any additional cost because
of delays in beginning, continuing or completing construction,
changes ~n the price or cost of materials, supplies, or labor,
unforeseen or unanticipated cost because of topography, soil,
subsurface, or other site conditions, differences in the
calculated and actual per l~near feet of p~pe 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, specified or unspecified, relating to the
construction of the oversized facilities
5 W~thln thirty (50) days of the acceptance of the facil-
ities by the City, Developer shall submit to the City's Director
of Utilities the actual cost of the oversized facilities Should
the actual cost of the oversized facilities be less than the cost
on which the City's share was determined, the City's share of the
cost shall be reduced proportionally, on a per linear foot basis,
based upon the d~fference of the actual cost of the oversized
facilities and the determined cost for required facilities To
determine the actual cost of the oversized facilities, City shall
have the right to inspect any and all records of Developer, h~s
agents, employees, contractors or subcontractors and shall have
the right to require Developer to submit any necessary ~nforma-
tlon, documents, invoices, receipts or other records to verify
the actual cost of the oversized facilities
6 Within thirty (50) days of the date the Developer has
submitted satisfactory documentation of the actual cost of the
oversized facilities, as determined by City, C~ty shall pay to
Developer ~ts share of the cost thereof
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 kind whatso-
ever, by reason of ~njury to property or persons occasioned by
any act or omission, neglect or wrongdoing of Developer, its
officers, agents, employees, lnvltees, contractors or other
persons with regard to the performance of this agreement, and
Developer will, a Its own cost and expense, defend and protect
City against any and all such claims and demands
WAThR MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC
PAGE 2
9 If Developer does not begxn substantial construction of
the oversized facxlltles within twelve (12) months of the
effective date of this agreement, th~s agreement shall terminate
10 This instrument embodies the whole agreement of the parties
hereto and there are no promises, terms, conditions or obligations
other than those contained herein This agreement shall super-
cede all previous communications, representations or agreements,
either verbal or written, between the parties hereto
11 This agreement shall not be assigned by Developer without
the express written consent of City
12 Any and all suits for any breach of this contract, or any
other suit pertaining to or arxslng out of this contract, shall
be brought and maintained xn a court of competent ]urlsdlctlon in
Denton County, Texas ~
Executed this the~~day of .[~___ , 1987
TE~S INSTRUMENTS, INC ,
DEVELOPER
Lewis McMahan
Vice President
ATTEST Corporate Staff
SECRETARY
CITY OF DENTON, TEXAS
ATTESt
APPROVED AS TO LEGAL FORM
OEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
WATER'MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC
PAGE 5
CITY of DENTON DENTON, TEXAS 78201
MEMORANDUM
TO Jennifer Walters, City Secretary
FROM Gay Rac~na, Ut~ltty Adm~ntstratlon
DATE October 2, 1987
RE Certificate of Actual Cost from Texas Instruments, Inc
Attached hereto ~s the Certificate of Actual Cost from Texas
Instruments, Inc to be f~led as a part of the water l~ne
participation agreement passed by the C~ty Council and executed
w~th Texas Instruments on June 2, 1987
Please attach to the associated participation agreement
Utility Administration
Attachment
cc Sr~n~ Sundaramoorthy
5063U 3
Dave Hamm
C~ty of Denton
215 E McKlnney
Denton, TX 76201
<~ ; % '~ 0- nstallat~on of
I,.~ ~-'< ~ 0 _~ .~ w~th ~tS f~nal
- g~g
< perso~ whose
~ 1~ ~ : ~ ~ ~ ~ to me that he
m [ ~ ~ g ~ * sed and ~n the
g IX o ~ ~
~ -~ ~ o
t~UFR~.,.~'ORS CER& ICATION Or~nal Cor+r~ct
Amount
I _ John Miller
the t d~gn~ u.~n oath do de}~.e mad ~ay 'ha~ [
have full knuwk~ ot the a~ve ~d for=~,n~ R~tmt Tot~ Add,bm=
that the sa~d a~ount ~3 jus~ co~t due and
to law and that the ~ount clmm~ afte~ aHo~ all
~ust ~s~ ss now due ~d wholly unpasd and that ~ To~l D~uctm~
~ auchon~ to m~e thru ~fi~v~ ~ help me G~
CI~I~ B%ll ~ az=lwood, Inc ~ntr~t t~ Pews~
~ Date
Su~nb~ and s~m to ~fo~ me ~ne ~ D~ 125,886 25
Auqus~ 25 ~ 1987 ~ my~m~on~-
Mat~a~ on Hand
To~l W~k nnd
Ma~nb 125,886 25
( ) Per
~~er~''h,s Est,--t~ ~.la.ce 125,886 25
Paymen~ 10 8 ~ 5 2 9 9 7
at ~ the ~ st )fl~ kl,~wl~Re and behef It Is a t~e %mount Due On
ard corr~ st~t meat of work ~tlorm~ and/or ma ~ntract Est,ma e ~ 17,356 28
r aN s ,p~ ~ ' ov tbe ~ntrdc+or~ tn full accordance ~'
w~th the lerms ~nd cond~bons of the Contract Days Allowed m
Contract
Days Consumed Th~ /
Da~s
-- ~3 Consumed ~ /
Total
D~).