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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~).