1987-0921642L
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 O~ 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 Teasley Road Associates Slx (West Green£1eld Woods) to
provide for the City's participation ~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 funds in the manner and amount as specified in the agreement
SECTION III That this ordinance shall become e£fectlve
immediately upon its passage anJ.~pproval
PASSED AND APPROVED thls/~aY of ~, 1987
ATTEST
JENnifER ~L%BRS, CITY SEERBTARY
CIT~F DL~TON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVIRCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1647L
IHB STATE OF TEXAS § SEWER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF DENTON
AND TEASLEY ROAD ASSOCIATES SIX
COUNTY OF DENTON § (WEST GREENFIELD WOODS)
WHEREAS, Teasley Road Assoczates Slx (West Greenfield
Woods), hereafter referred to as "Developer," whether one or
more, whose business address is P 0 Box 117, Denton, Texas
76201, wishes to develop and improve certain real property
located in the City of Denton, Texas or its extraterritorial
jurisdiction, and xs required to provide such property with
adequate sewer by designing, constructing and installing a sewer
main of a minimum inside diameter of ten inches (10"), 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 "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 a fifteen
inch (15") sewer main and all necessary appurtenances thereto,
hereafter referred to as "oversized facilities,", located as
shown on Attachment II, 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 City 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 ~s 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 C~ty,
if 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 difference 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 bidder on the same or
similar oversized facilities, shall be in an amount not to exceed
~leven Thousand Nine Hundred and Ninety-slx Dollars ($11,996 00),
and City shall not, in any case, be liable for any additional
cost because of delays in beginning, continuing or completing
construction, changes in 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 linear feet of pipe or materials needed
for the oversized facilities, Developer's decision as to the
~ontractors or subcontractors used to perform the work, or any
other reason or cause, specified or unspecified, relating to the
construction of the oversized facilities
S Within thirty (30) 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 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 difference 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 rlght 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 informa-
tion, documents, invoices, receipts or o~her records to verify
the actual cost of the oversized facilities
6 ~lthln 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
D~veloper its share of the cost thereof
S~R MAIN COST PARTICIPATION/TEASLEY ROAD ASSOCIATES SIX (~ST
GREENFIELD ~OODS)/PAGE 2
7 All 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 g~ven above and to the
D~rector of Utilities for the C~ty at the address g~ven above
8 Developer shall ~ndemnxfy and hold C~ty harmless from any
and all claxms, damages, loss or liability of any k~nd whatso-
ever, by reason of ~njury to property or persons occasioned by
any act or omission, neglect or wrongdoing of Developer, ~ts
offzcers, agents, employees, ~nv~tees, contractors or other
persons with regard to the performance of this agreement, and
Developer w~ll, a its own cost and expense, defend and protect
C~ty against any and all such claims and demands
9 If Developer does not begin substantial construction of
the oversxzed facilities within twelve (12) months of the
effectxve date of th~s agreement, this agreement shall terminate
10 Th~s ~nstrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or
oblxgatxons other than those contained here~n Th~s agreement
shall supercede all previous communications, representations or
agreements, either verbal or written, between the parties hereto
11 Th~s agreement shall not be assigned by Developer without
the express written consent of C~ty
12 Any and all su~ts for any breach of th~s contract, or any
other su~t pertaining to or arising out of this contract, shall
be brought and maintained in a court of competent jurisdiction
in Denton County, TexT~/
Executed th~s the/~day of ~~__, 1987
TEASLEY ROAD ASSOCIATES SIX,
(WEST GREENFIELD WOODS), OWNER
ATT~.ST
SECRETARY
SEWER MAIN COST PARTICIPATION/TEASLEY ROAD ASSOCIATES SIX (WEST
GREENFIELD WOODS)/PAGE 3
CITY OF DENTON, TEXAS
ATTEST
JEN~F~FER-I~'~LTERS, CITY SECRETARY
CIT~JDF D~qTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYO¥ITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
SEWER MAIN COST PARTICIPATION/TEASLEY ROAD ASSOCIATES SIX (WEST
GREENFIELD WOODS)/PAGE 4
DENTON MUNICIPAL UTILITIES CERTIFICATE OF ACTUAL COST
CITY OF DENTON AND .'~-'~xf~'/__~'~
PARTICIPATION AGREEMENT DATED
FACILITY DES(~RIPTION
ACTUAL COST OF FACILITIES $ --~/
DEVELOPER / OWNER SHARE OF COST $
CITY S SHARE
I hereby certify the completion of the here~nreferenced fac~ht~es and certify the actual cost of the
C~ty's participation to be as stated above Th~s statement shall be attached to the ongmal
pamc~pat~on agreement and bec~e a part thereof
Dlre~r_of Utlh[Ios / D ( Date
No~ar~,~"~ - ~ .... D~te
M C
Original C~W S~/ Duphcate Developer Owner / Tnphcate D~r of