1986-0961343L
NO Y~_ 2&
AN ORDINANCE
IN THE COST
AUTHORIZING
EXPENDITURE
DATE
APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION
OF INSTALLING AN OVERSIZED SANITARY SEWER LINE,
THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE
OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
WHEREAS, the City of Denton wishes to enter into an agree-
ment to participate in the cost of providing an oversized
sanitary sewer line, 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, TEXAS HEREBY
ORDAINS
SECTION I
That the City Council hereby approves the Sewer
Participation Agreement, attached hereto, between the City and
I35E/288 Joint Venture to provide for the City's participation
in the cost of providing an oversized sanitary sewer line 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 1014 day of 1986
RAY SREFHENS~ MAYOR
CITY F DENTON, TEXAS
ATTEST
W~
TE A LEA, CI YY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY Q cY1M-~
,5 N
1344L
THE STATE OF TEXAS § SANITARY SEWER LINE OVERSIZE PARTICI-
PATION AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON AND 35E/288 JOINT VENTURE
WHEREAS, 35E/288 Joint Venture hereafter referred to as
"Developer," whether one or more, whose business address is 500
5950 Berkshire Lane
Union Bank & Trust Tower,/Dallas, Texas 75225, 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 sanitary sewer by designing,
constructing and installing a sanitary sewer line of a minimum
inside diameter of twenty-one inches (21"), 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 sanitary sewer line to provide for an "oversized"
sanitary sewer line 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-
four inch (24") sanitary sewer line and all necessary
appurtenances thereto, hereafter referred to as "oversized
facilities," extending a total distance of approximately two
thousand four hundred and fifty-six feet (2,456'), located as
shown on Exhibit "l," attached hereto and incorporated herein by
reference
2 Prior to beginning construction of the oversized
facilities, 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 Develop-
ment Contract, which is incorporated herein by reference, and
any other applicable ordinances of City
3 Prior to beginning construction of the oversized
facilities, 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 Twenty-five Thousand Six Hundred Four and No/100ths
($25,604 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
PAGE TWO
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 re-
quired 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 sub-
contractors 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 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
PAGE THREE
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
13 Developer shall commence construction of the facilities
within twelve months (12) of the effective date of this agreement
or agreement shall terminate
Executed this the 9Al day of )AC/ L- 1986
35E/288 JOINT VENTURE
BY / U , I:! ~t
Venture Manager
ATTEST
SECRETARY
CITY OF DENTON, TEXAS
BY
RAY T PHE , MAYOR
ATTEST
CHARLOTTE ALLEN, CITY SECKETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
PAGE FOUR
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