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,
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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
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N 8171 T T ON R/I Y A13
NIG RORP CRIgN ROAD
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NI CKO RY CREEK RD
I ELEMENTARY ADDITION
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