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1986-170NO & ZyQ 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 ordnance, 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 Three, 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 fiL day of 1986 RAY ST NS, MAYOR CITY 0 DENTON, TEXAS ATTEST 0 ALLE , C fY S RE' RY TY OF EN TON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY Q & ,l / C2 r l~(~J ~427L THE STATE OF TEXAS S COUNTY OF DENTON S SEWER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OFDENTON AND TEASLEY ROAD ASSOCIATES THREE WHEREAS, Teasley Road Associates Three, hereafter referred to as "Developer," whether one or more, whose business address is P 0 Box 117, Denton, Texas 76202, wishes to develop and improve certain real property, including, but not limited to that shown in Exhibit 11211, located in the City of Denton, Texas or its extraterritorial jurisdiction and is 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 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 an eighteen inch (1811) sewer main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," extending a total distance of approximately four thousand seven hundred and thirty feet (4,7301), located as shown on Exhibit 111," 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, A TTAc- r ENT 3L 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 Seventy-nine Thousand Two Hundred Eighty and No/100 Dollars ($79,280 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 unantici- pated 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 sub- contractors 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 over- sized 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 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 SEWER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND TEASLEY ROAD ASSOCIATES THREE/PAGE 2 8 Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind 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, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, 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 Executed this the ALI~day of 1986 TEASLEY R AD ASSOCIATES THREE ATTEST BY S RKTARY~ ATTEST WH R., i ALUEN,-,CrT S TA Y TY OF ENTON, TEXAS OF DENTON, BY RAY ST NS, AYOR APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY SEWER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND TEASLEY ROAD ASSOCIATES THREE/PAGE 3 G-RE NFIELD WOODS / D' Um EXHIBIT 1 OVERSIZE SEWER 18' ,EXHIBIT 2 ONO~ L t !rA* ~awrr N RNNtgw WHEREAS, UN&M 10R9EIIDSNT SCNOOL DISTRICT is site Owner of all that certain tract #4 14ad sitwted is tbm Jesus COltart Surrq dMtrnet Number 2D8, Von.• toe Ceebq, Texas and baina ► part or the called io.997s acre tract de- scribed in th0 Deed from Dora 1000 Deese to Teasley 10aad Associates recorded in VOIUM 1541 rage 163 of the Deed Records of Degree County, Uses. as to- Oegftlasd 00d OOOUOied On the grouvAl the oebJect tract being more particu- larly described as follws# REDI NM for the Northeast Cotner of the tract being described herein, at an 11,010 rod set in the siddll of Farris Road, Nm4 being in the Nast line of the said survey end being South s distance of ASO 0 feet from tits Seat- Nortb-test Corner of the said 60 9975 acre tr#oti THENCE South with the East line of the said 60 9975 acre tract and gener- ally with the middle of the said road a distance of 606 19 toot to an iron rod get At the recognited Northeast Corner of a 1 66 acre tract described in the Deed from Dora Lee Reeso to Irene 0 Wilson recorded in Volute 1542 Yap SS of the said Deed Records THENCI North 88 Degrees 57 Minutes 41 Seconds Neat with the recognized North line of the said Wilson Tract at 39 12 feet passing an iron rod found is the West line of% he said road and continuing with the said course "&sing at 279 9S foot an iron rod found at the Northwest Corner of the said Wilson Tract and continuing with the said course , in all, a total distance of 796 87 feet to an iron rod set, the said rod beina in a curve to the left having i radius of 270 00 feet; THENCE in a Northeasterly direction along the said curve a distance of 152 91 feet ( chord bearing North 15 Decrees 43 Minutes 50 Seconds East a distance of 150 67 feet ) to an iron rod set at the end of the said curve; THENCE Worth 00 Degrees 29 Min tes 36 Seconds West a distance of 140 00 feet to an iron rod set at the becinning of a curve to the right having a radius of 300 00 feet THENCE in a Northeasterly direction alunc the said curve a distance of 471 24 feet ( chord bearing North 41, Degrees 30 Minutes 24 Seconds East a distance of 424 26 feet ) to an irun rod set at the end of the said curve; THENCE North 69 Dearest 30 %Iinutez Seconds fast at 419 15 feet passing an iron rod set in the West line of the aboiementioned road and contin- uing with the said course a tot it distance of 4,9 66 feet to the PLACE OF BEGINNING and enclosing 9 963 acres of land NOW, THEREFORF, KNOW ALL !LN BY TIICPl PRf SLNTSi THAT, acting for the Denton Indsoendent School District does herebl adiot Uris of i designating tho herein us- scribed property as D I S D - JAItRio ROAD ADDITION LOT 1 BLOCi 1 in Denton County Tezaa and doeb herobv dedicate to the Public ise foreter the street rights-of-way and public easement shown hereon ,1 Acting for rn Doi I W i Iol Di irict Y/ 9 EXCERPT FROM PUBLIC UTILITIES BOARD MINUTES JUNE 10, 1986 PROPOShD OVERSIZE AGREEMENT According to Ham, the Utilities Staff recommends to the Public Utilities Board approval of this oversize agreement due to sanitary sewer demands imposed by this and other proposed developments in this area in the near future In order to serve the area containing this development and future developments in a natural drainage area, will require an 18 sanitary sewer to provide capacity According to a recent study by Freese and Nichols, it is necessary to coatruct this sanitary sewer line Since the proposed development only requires a 10 sanitary sewer line, an oversize agreement from 10 to 18 is recommended fhe proposed 18 sanitary sewer line extends from an existing 27 sanitary sewer line near Windsor Drive, then is extended north to and along Old North Road, crossing the proposed Loop 288 to and across Greenfield-Woods Addition At present, there is no sanitary sewer service in this general area Ham explained the fiscal impact as follows Total cost of an 18 sanitary sewer line from existing 27 sanitary sewer to and through project site (approx 4730 L F x $37 UO/L F ) $175,010 300 L F 27 steel casing x $32 00/L F crossing proposed Loop 288 (not yet constructed) 9 600 184,610 Total goat pf a lU' sanitary sewer line from existing 27 sanitary sewer line to and through project site (approx 4730 L F x $21 OU/L F ) 99,330) 300 L F steel casing x $20 00/L F crossing proposed Loop 288 (not yet constructed) ( 6 000) 105,330 Cost of this project to the City of Denton, (difference between a 10 sanitary sewer line and an 18' sanitary sewer line) $ 79,280 wady motion to approve the proposed oversize agreement Coomes second All ayes, no nays, motion carried unanimously ATTAr-NMHNT sl