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~
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~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