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