1986-155NO
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN
THE COST OF INSTALLING AN OVERSIZED WATER 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 water
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
That the City Council hereby approves the Water Main
Participation Agreement, attached hereto, between the City and
Denton Baptist Association, Inc to provide for the City's
participation in the cost of providing an oversized water 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 of e__ 1986
RAY S ENS MAYOR
CITY DENTON, TEXAS
ATTEST
~u J
7AM
LO7
TE ALLEN,
CITY SECRETARY-
CITY
OF
DENTON,
TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
1432L
THE STATE OF TEXAS S
COUNTY OF DENTON S
WATER MAIN PARTICIPATION
AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON BAPTIST ASSOCIATION, INC
WHEREAS, Denton Baptist Association, Inc , hereafter referred
to as "Developer," whether one or more, whose business address
is 3311 I-35 North, Denton, Texas 76201, wishes to develop and
improve certain real property located in the City of Denton,
Texas or its extraterritorial jurisdiction and is required to
provide such property with adequate water by designing,
constructing and installing a water 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 water main to provide for an "oversized" water 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 twenty
inch (2011) water main and all necessary appurtenances thereto,
hereafter referred to as "oversized facilities," extending a
total distance of approximately five hundred seventy-six feet
(5761), 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
Thirteen Thousand Five Hundred Thirty-six and No/100 Dollars
($13,536 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 condi-
tions, differences in the calculated and actual per linear feet
of pipe or materials needed for the oversized facilities, Deve-
loper'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 facili-
ties 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 bass,
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
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
8 Developer shall indemnify and hold City harmless from any
and all claims, damages, loss or liability of any kind whatsoever,
WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON BAPTIST ASSOCIATION, INC /PAGE 2
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
f~
Executed this the ` day of 1986
DENTON BA TIST ASSOCIATION, INC
ATTEST
~a a2 BY
SECRETA~
CITY OF DENTON, TEXAS
ATTEST BY IL
RAY S EN MAYOR
C//!i4 ~~Zh~ Yy
CHARLO TE LL N, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY fl i rnfi---,
0
WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON BAPTIST ASSOCIATION, INC /PAGE 3
McKinney Street Baptist Church Addition
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EXHIBIT 2
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ERAS, AV0 DIINC PART 06 A 9 4136 AQRR
I PION $40DIA CLAIMS WARLOCK, ST 41
I. lot AID INCORDII 19 VOICES IS 1,
SAID 0001TT, AND BRING MORE F1 $T
CORNER OF SAID 9 4135 ACRE TRACT AND
I11% CINTEE 1192 OF 11CIINNST STIBIT M ROAD 426)1
Tll"CE SOV6 73 DIORIZ8 34 MINUTES AND 28 SECONDS EAST WITS THE
1M}_00LR OF R MCRINNST STRt2T A DISTANC2 OF SO 83 P22T TO TNt
}WING 7 A OVIVE{
1TN1<9Ot AROVID A CDRVR TO Too LIFT WITH A CENTRAL ANGLE Of 05
101ttt 34'1INCTDS AND 44 SECONDS, AN ARC DISTANCR Of 244 61
'TROT, Tlt ADIVS EQUALS 2512 14, AND Tat CHORD HEARS SOUTH 76
73EO2tt8 21 MINUTES AND SO SECONDS EAST A DISTANCE Of 244 51 ?NET
kT0 THE END OF SAID CURVEI
]]rTTtXCI SOUtV 79 DEGREES 09 MINUTES AND 12 SECONDS EAST A DISTANCE
oar 151 39 TEST TO AN ANCLII
ft*SNCB SOUTH 00 DSORIRS 55 MINUTES AND 04 SECONDS SAST A DISTANCS
R► 99 18 FBI? TO A POINTI
Y
ISICE SOUTH 02 DIGRESS 35 EINUTIS AND 00 SECONDS WRST A DISTANCR
1 484 77 Pont t0 AM IRON PINT
RHNCR WORTH 87 DIONSNS 25 MINUTES AND 00 SLCO5 08 WIST A DISTANCE
► $70 00 FIST TO AN IRON PIN AND VINCE CORNER AT TBE I*THWEST
~COtNBR OF SAID 9 4136 ACRI TRACTI
r HNCE NORTH 02 DECREES 53 MINUTES AND 46 SECONDS EAST ALONG AND
DAR A 150CI A DISTANCE 0► $83 97 F2nT TO THE POINT OF SKINNING
IA20 CONTAINING 6 $790 ACRES OP LAND
MOW THEREFORE SHOW THRSE WIN BY TRI8t PRISINTS,
AT, WH, 0E5TO■ BAPTIST ASSOCIATION, INC SO RtR13Y ADOPT THIS
It , OBBIORATINO TES 111129 DESCRIBtD PNOPBRTT AS LOT ORB, SLOCS
, OF Tlt%CEINEIT 91122T RApjl3f CHOICE ADDITION TO 799 CITT
DEHT01, TEIAD, AND 10 INSIST DROICAT2 TO Tli PUBLIC USE
O1tTE1, Too 672612! AND IAISMINTS $NOW$ HEREON
ETON BAPTIST AS OCIAt109, INC DT
O2 CLItIIRV, DIRtOtOR OF MISSIONS
TATI OF TEXAS EI
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