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1986-176153SL NO ~-/7th 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 OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton wishes to enter into an agree- ment 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 WHEREAS, 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 the Denton Independent School District to provide for the City's participation in 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 effective immediately upon its passage and approval PASSED AND APPROVED this day o 1986 cGJ RAY ST HENS, MAYOR CITY 0 DENTON, TEXAS ATTEST C Y S 'CR Y 4CL N, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY 15'33L THE STATE OF TEXAS S SEWER MAIN COST PARTICIPATION AGREE- MENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON S THE DENTON INDEPENDENT SCHOOL DISTRICT WHEREAS, the Denton Independent School District, hereafter referred to as "Developer," whether one or more, whose business address is 1205 University Drive West, Denton, Texas 76201, wishes to develop and improve certain real property located in the City of Denton, Texas or its extraterritorial jurisdiction, as is shown in Exhibits 112" and 113" attached hereto and incor- porated herein by reference, and is required to provide such property with adequate sewer by designing, constructing and installing a sewer main of a minimum inside diameter of fifteen inches (15"), hereafter referred to as "required facilities", and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 E McKinney, 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 (1511) sewer main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," extending a total distance of approximately two thousand nine hundred and seventy-six feet (2,9761), located as shown on Exhibit "1," 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 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, if not taken in City's name, prior to acceptance of the oversized 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 Forty-four Thousand Six Hundred and Forty Dollars ($44,640 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 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 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 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 informa- tion, 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 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 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 whatsoever, by reason of injury to property or persons occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT/PAGE 2 a its own cost and expense, defend and protect City against any and all such claims and demands 9 If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this agreement, this 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 supercede 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 arising out of this contract, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas -Ay Executed this the !S day of ATTEST w us SE RET Y ATTEST C MOF TVAL LEN, `IT ECR ARY C NTON, TEXAS y[(~/~ , 1986 DENTON INDEPENDENT SCHOOL DISTRICT, DEVELOPER BY * 0444' Z CITY OF DENTON, TEXAS BY RAY S ENS MAYOR APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY N N\ c/VV1 SEWER AIN COST PARTICIPATION AGREEMENT BETWEEN THE DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT/PAGE 3 CITY OF HICKORY CREEK D.I.S.D. EXHIBIT 1 OVERSIZE 12' TO 15' SANITARY SEWER F + \ RYAN RD r, • +Z S }J' a ~~f} r ; r jls tot HI KORY CREEK RO SCHOOL SITE X16' SANITARY SE1ElR • E:E' . t~ r ~ Ott ~ •iy I 4 ~ lrF ~ y\I? ~ • ~ fem. EXISTING HICKORY CREEK SEWER HICKORY CREEK D.13.1)e EXHIBIT 2 suns Of ICW corer W Demo DMICATIO" WMEAS, DIM100 INDP,POIDI7R SCIRN t 011MUCT is the wncr of all that certain tract of INN situated in the J Rogers Survey Abstract NuDar 1044 and the Rogers durntey &street 4tmher 1101 Denton Conty, Taxes and bated all of the called 13 410 Sere tract described 10 the SPeeial warranty Deed free D4ybwra Te04e, trustee and Sanders Campbell to Denton ladepeedont School District ( DISD ) taoorded in tolu.ac 1904 Page 19 of the Real Property Age- ords at Denim County, Teras as romentsed and occupied an the ground the e0joet tract being mom particula-lv described as follows, DECINHINC fat the NortDwest Corner of the tract being described herein, at an iron rod faced at the Northwest Corner of the said DISD Tract, said iron rod being South 89 Degrees 05 minutes 71 Seconds fast a distance of 300.00 feet from an iron rod at the horthwest Corner of n tracts described in the Dead conveying $02 interest from Rayburn Tucker, Trustee to Sanders Campbell rtoordod is Volute 673 Pate 77 of the said Deed Records, THENCE South 89 DOAT"s OS Mtnutrs 31 Seconds Fast with the North line of the Said DISD Teaet, lam beint the North line of the Tucker-Caspball Tract with the middle Of Nick*" Creek Road a distance of 790,00 flat to an iron rod found at the Northeast Corner of the said DISH Tract 711INCF South nl Degree 43 Minutrs nO Srrond. Les? leaatnr said road at 3-c JS feet passtae an iron rod to the occupied South line of the said road and eon- tinuins along said course with the West line of the said DISD Tract, in all, a total distance of 739 SO feet to an iron rod found at tie Southeast Corner of the said DISD Tract THENCE North 69 Degrees 05 minnntes 31 Seconds Lest with the South line of the sold DISD Tract With a line parallel witl the North line of the said Tucker- Canobell Tract a distance of 790«00 feet to an iron rod found at the South- seat Corner of the Said DISD Tract THENCE North 01 Degree 43 Minutes 00 Seconds East With the West IIne of the said DISD Tract, said Il * beine 300 00 feet Fact of and parallel with the west line of the said Tneker-Campbell Tract at 707 50 feet nassina an Iron rod found in the occunied South line of the said road and rontinuinr to all a total distance of 739 50 feet t- to PI.%cr nr Rot CI 1~.15r and enclosing 13 alp acres of land NOW TNEREfORE KNOW ALI MEN BY THESE PRCSFWSt THAT DDITOM INDEPENDENT SCHOOL D1S'-R CT does hereby adopt this plat deStrma Inv the herein described Sropeity as lot 1 Alork A. Hickory Creek Road Fleeeatary Addition, in nentom County Teaas and does herebv dedicate to the public use forever the street rirttt-of-was and pnblic easowents shnwn hereon EXHIBIT 3 HICKORY CREEK D I S D Reduced plat { Mt l rrI « r1 ru of -•J N 8171 T T ON R/I Y A13 NIG RORP CRIgN ROAD _ f n m f f ~ --Go -FTr 7 I I - i IE g R I +I 11 386 AC NET 2 II I !I I { LOT I 8 LOCK A NI CKO RY CREEK RD I ELEMENTARY ADDITION $ jl r r u .ru O ~ li /e rr t I rororrP'oa [IMI rM L~_ _ _ LIOf[O _ _ f 1 ra a r u r x PP a > • +so oP II NJu l R o J J Hv I/ A13 oP 7 ~ l i ^ j e n Q 2 J 8 A ` f _ 1