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1987-0051642L AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THB COST OF INSTALLING AN OVERSIZED SEWER MAIN, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF 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 C~ty 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 ORDAINS SECTION I That the C~ty Council hereby approves the Sewer Ma~n Partici- pation Agreement, attached hereto, between the City and Harold Hol~gan, owner, Capricorn Mobile Home Park to provide for the C~ty's participation in the cost of prowdlng an oversized sewer ma~n in accordance with sa~d agreement and the Mayor is hereby authorized to execute the agreement on behalf of the C~ty SECTION II That the C~ty Council authorizes the expenditure of funds in the manner and amount as specified ~n the agreement SECTION III That ~ts passage and approval .~ PASSED AND APPROVED thxs ~day of , RAY S~P-h~E~ CITY O~ DENTON, TEXAS ATTEST C~L'OTT~ 'AL~ENrf'CITY SEER]¥r~RY CI~OF aBNTON, TEXAS ~ APPROVED AS TO LEGAL FORM DBBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS this ordinance shall become effective immediately upon 1987 BY 1642L THE STATE OF TBXAS ~ COUNTY OF DENTON SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND HAROLD HOLIGAN (CAPRICORN MOBILE HOME PARK) and John Walker, owner, WHBREAS, Harold Hollgan, owner,~Caprlcorn Mobile Home Park, hereafter referred to as "Developer," whether one or more, whose business address is 2720 Stemmons Freeway, Suite 203, South Tower, Dallas, Texas 75207, wxshes to develop and xmprove certain real property located in the C~ty of Denton, Texas or ~ts extraterritorial jurlsd,ct~on, as is described in Attachment II, attached hereto and incorporated here~n by reference, and is requxred to provide such property with adequate sewer by designing, constructing and installing a sewer main of a minimum inside diameter of twelve inches (12"), hereafter referred to as "required facllxtles", 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 an eighteen inch (18") sewer main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," extending a total distance of approximately five thousand seven hundred ten feet (5,710'), located as shown on Attachment I, 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 constructxon 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 City, ~f 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 pro3ects 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 Thirty-nine Thousand Nine Hundred and Seventy Dollars ($39,970 00), and City shall not, in any case, be liable for any additional cost because of delays ~n 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 condi- tions, differences in the calculated and actual per linear feet of pipe 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 Within thirty (30) days of the acceptance of the facilities by the City, Developer shall submit to the C~ty'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, his agents, employees, contractors or subcontractors and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities 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 JOHN WALKER and ~ SEWER MAIN COST PARTICIPATION AGREEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARK/PAGE 2 7 All notices, payments or communications to be given or made pursuant to th~s agreement by the part~es hereto, shall be sent to Developer at the bus~ness address g~ven above and to the Director of Utilities for the C~ty at the address g~ven above 8 Developer shall indemnify and hold City harmless from any and all claxms, damages, loss or l~ab~l~ty 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, its officers, agents, employees, lnvltees, contractors or other persons with regard to the performance of thxs 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 begxn substantxal constructxon of the oversized facxlltxes w~thln twelve (12) months of the effective date of th~s agreement, th~s agreement shall terminate 10 Th~s xnstrument embodies the whole agreement of the partxes hereto and there are no promises, terms, conditions or oblxgatlons other than those contained here~n Th~s agreement shall supercede all prevxous communications, representations or agreements, e~ther verbal or written, between the partxes hereto 11 Th~s agreement shall not be assigned by Developer w~thout the express written consent of City 1Z Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this contract, shall be brought and maintained ~n a court of competent jurisdiction ~n Denton County, Texas Executed this the ~z~,~ day of ~ , 1986 HAROLD HOLIGAN, OWNER (CAPRICORN MOBILE HOME PARK) ATTEST BY HARLDD HOLIGAN, OWNER JOHN WALKER, OWNER SECRETARY JOHN WALKER and M SEWER MAIN COST PARTICIPATION AGREEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARK/PAGE 3 CITY OF DENTON, TEXAS ATTEST CH~I~LOT~{ ALLEN, C-IT~f'~SECIETA~ CI~ OF ]~ENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY JOHN WALKER and ~ SEWER MAIN COST PARTICIPATION AGREEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARK/PAGE 4 ATTACHMENT -IT bJ ATTA CI-I WIENT iii 1641L THE STATE OF TEXAS ~ SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND HAROLD HOLIGAN COUNTY OF DENTON § (CAPRICORN MOBILE HOME PARK) and John Walker, Owner, WHEREAS, Harold Holigan,~owner, Capricorn Mobile Home Park, hereafter referred to as ,,Developer," whether one or more, whose business address is 2720 Stemmons Freeway, Suite 203, South Tower, Dallas, Texas 75207, wishes to develop and Improve certain real property located within the City of Denton, Texas or its extraterritorial jurisdiction, as is described in Attachment II, attached hereto and incorporated herein by reference, and is required to provide such property with adequate sewer service by designing, constructing and installing a sewer main, and WHEREAS, the City of Denton, a municipal corporation located at 215 E McKinney, Denton, Texas 76201, hereafter referred to as "City," In accordance with its ordinances, may reimburse Developer for the costs of the sewer main designed, constructed and installed by Developer based upon prorata charges paid to the City by persons connecting to such sewer main, NOW, THBRBFORB, in consideration of the mutual promises and covenants contained herein, Developer and Llty agree as follows 1 Developer will design, install and construct, at no cost to the City, a sewer main of a minimum inside diameter of ten inches (10"), and all necessary appurtenances thereto, here- after referred to as ,'facilities," extending a total distance of approximately two thousand eight hundred linear feet (2,800'), as shown on Attachment I, attached hereto and incorporated by reference 2 Prior to beginning construction 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 facilities, Deve- loper 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 facilities obtained by the Developer shall be assigned to City, ~f not taken in City's name, prior to acceptance of the facilities, and Developer warrants clear title to such easements and w~ll defend City against any adverse claim made against such title 4 The estimated cost of the design, construction and instal- lat~on of facilities, as determined by public b~ds on the same or similar projects, on a per linear foot basis, is $21 O0 per linear foot or Fifty-eight Thousand Eight Hundred Dollars ($S8,800 00) for the estimated two thousand eight hundred (2,800) linear feet for the facilities 5 Within thirty (30) days of the acceptance of the facil- ities by the City, Developer shall submit to the City's D~rector of Utilities the actual cost of the facilities To determine the actual cost of the facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to re- quire Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the facilities The Director of Utilities shall review and verify the actual cost of the facilities and certify the allow- able reimbursable cost and the date facilities were accepted, which certificate shall be attached hereto and be ~ncorporated herein by reference § After title to the facilities have vested xn the City, the City shall collect a prorata charge from any person con- nect~ng to the facilities in accordance w~th the provisions of Appendix A of the Code of Ordinances of the City Within thirty (30) days of the receipt of such prorata charges the City shall transfer such amount collected to Developer 7 The City shall transfer to Developer prorata charges col- lected for a per~od of time of twenty (20) years from the date facilities are accepted by City, as specified here~n, but shall not transfer or reimburse to the Developer an amount of funds in excess of the certified cost of the facilities 8 The part~es hereto recognize that the facilities subject to this Agreement are necessary to provide sewer service the Developer's property Should the City decide that it wishes to participate in the cost of funding a sewer main that would pro- v~de greater sewer capacity then the facilities Developer is required to install, the Developer and C~ty may enter into a separate Sewer Mazn Participation Agreement to provide for the sharing of cost of such oversized main If such agreement is entered into, the actual oversized sewer main to be constructed shall be governed by such agreement, but the prorata charges to be collected and transferred to Developer shall be based on the JOHN WALKER and ~ SEWER MAIN PRORATA REIMBURSEMENT/HAROLD HOLIGAN/CAPRICORN HOME PARK/PAGE 2 MOBILE terms of this agreement, as though the facilities subject to this agreement were installed 9 The prorata charges to be collected by the City and transferred to Developer in accordance with the ordinances of the City and this agreement is intended to reimburse the Deve- loper for the Developer's cost of the facilities by requiring persons connecting to such facilities, and benefiting thereby, to participate in the cost of such facilities This agreement shall not be considered to impose any obligation or liability upon the City to pay for such facilities from its general revenues, bond funds or any other revenues it may receive, except for those prorata funds received from persons connecting to such facilities 10 Should any court of competent jurisdiction determine that all or part of the City's ordinances on which the prorata charges to be paid to developer under this agreement are based are found to be unlawful are invalid, the City may cease to charge or collect such prorata charges for connection to the facilities and will have no further obligation hereunder 11 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 business address given above and to the Director of Utilities for the City at the address given above 12 The Developer shall indemnify and hold the City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury 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, at its own cost and expense, defend and protect the City against any and all such claims and demands 13 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 supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto 14 This agreement shall not be assigned by Developer without the express written consent of City 1S Any and all suits for any breach of this agreement, or any other suit pertaining to or arising out of this agreement, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas JOHN WALKER and ~ SEWER MAIN PRORATA REIMBURSEMENT/HAROLD HOLIGAN/CAPRICORN HOME PARK/PAGE 3 MOBILE 16 This agreement shall be effectIve for a period of twenty (20) years from the date facilities are accepted by City or until Developer has been pa~d all allowable reimbursable prorata charges for the facilities, whichever occurs first, provided, however, should Developer fall to beg~n substantial construction of the faclht~es within one year from the date of this agreement, th~s agreement shall terminate Executed this the Z?/~ day of ~ , 1986 HAROLD HOLIGAN, DEVELOPER (CAPRICORN MOBILE HOME PARK) ATTEST JOHN WALKER, OWNER CITY OF DENTON, TEXAS ATTEST CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS JOHN WALKER and ~ SEWER MAIN PRORATA REIMBURSEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARK/PAGE 4