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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