1986-154NO
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 I
That the City Council hereby approves the Water Main
Participation Agreement, attached hereto, between the City and
Holbert-Wyatt Volkswagon, 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 ordnance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this yLiay of 1986
RAY ST)PHZNS, 4MAYOR
CITY DENTON, TEXAS
ATTEST
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C SECRETARY
CITY
OF
DENTON,
TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
1414L
THE STATE OF TEXAS 5
COUNTY OF DENTON 5
WATER MAIN PARTICIPATION
AGREEMENT BETWEEN THE CITY, DENTON
AND HOLBERT-WYATT VOLKSWAG , INC
WHEREAS, Holbert-Wyatt Volkswa mov Inc , hereafter referred
to as "Developer," whether one or more, whose business address
is 419 South Elm, 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 eight inches (811), 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 sixteen
inch 1611) water main and all necessary appurtenances thereto,
hereafter referred to as oversized facilities," extending a
total distance of approximately one thousand five hundred and
forty-two feet (1,5421), located as shown on Exhibit 111,"
attached hereto an 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 Sixteen Thousand One Hundred Ninety-one and No/100 Dollars
($16,191 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,
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 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
WATER MAIN PARTICIPATION ~EEMENT BETWEEN THE CITY OF DENTON
AND HOLBERT-WYATT VOLKSWA~, INC /PAGE 2
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 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 IdO~day of "F-" /1 , 1986
ATTEST HOLBERT-WYATT VOLKSWA] INC
S~CRETARY
BY ,
ATTEST
CITY OF DENTON, TEXAS
/ ~BY
C RLO fi LLEN, C 5Y-S RED RY RAY ST P 'NS MAYOR
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY _
WATER AIN PARTICIPAT?I, AGREEMENT BETWEEN THE CITY OF DENTON AND
HOLBERT-WYATT VOLKSWA INC /PAGE 3
~HOLBERT-WYATT ADDITION
'EXHIBIT 1
OFF SITE OVERSIZE WATER LINE S' to 184
HOLBERT- WYATT
EXHIBIT 2
0991CAT101
STATE Of TEXAS
COUNTY OP DENTON
WHEREAS, Holbert-Wyatt Volkswagen, Inc is the owner of a tract of land situated in
the Gideon Walker Surrey, Abstract Number 1330, Denton County, Texas, said tract
being shown by dead to Holbert-Wyatt Volkswagen, Inc and recorded in Volume 1506
page 755, Real Property Records of Denton County, Texas, and being more fully
described as follows
Beginning for the south corner of the tract being described at a fence corner post,
said corner being the south corner of said Holbert-Wyatt tract on the northeasterly
right-of-way of Interstate Highway 35E, said corner also being the west corner of a
tract shown by deed to Mark Cobb and recorded in Volume 474, page 635 of said Deed
Records
Thence North 49 degrees 57 minutes 00 seconds West with said right-of-way line and
the southwesterly line of said Holbert-Wyatt tract a distance of 691 89 feet to a
fence corner post, said corner being the west corner of Holbert-Wyatt tract and the
south corner of a tract shown by deed to H W Pockrus and recorded in Volume 358
page 505 of said Deed Records
Thence North 41 degrees 59 minutes 46 seconds Past a distance of 289 90 feet to a
fence corner post on the south line of a tract shown by deed to Lone Star Gas
Company, Volume 353, page 177 of said Deed Records
Thence South 63 degrees 07 minutes 09 seconds East with a north line of said Holbert-
Wyatt tract and the south line of said Lone Star Gas Company tract a distance of
483 37 feet to a fence corner post
Thence North 61 degrees 21 minutes 16 seconds East a distance of 99 33 feet to a
fence corner post on the south right-of-way of the M K A T Railroad
Thence South 33 degrees 18 minutes 58 seconds East with the south right-of-way of
said M K A T Railroad a distance of 205 77 feet to a fence corner post said corner
being the east corner of said Holbert-Wyatt tract and the north corner of said Cobb
tract
Thence South 42 degrees 56 minutes 13 seconds West with the east line of said
Holbert-Wyatt tract and the west line of said Cobb tract a distance of 434 05 feet to
the Point of Beginning and containing 6 114 acres of land
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT
THAT Holbert-Wyatt Volkswagen, Inc does hereby adopt this plat designating the
herein described property as Holbert-Wyatt Addition, Block 1 to the City of Denton
Denton County, Texas and does hereby dedicate to the public use forever the streets
and easements for the sane purpose and consideration expressed hereon
A E Wyatt