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1985-2481269L NO YS-~2Q AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING OVERSIZE WATERLINE FACILITIES, 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 oversized waterline facilities, and WHEREAS, Section 2 36 (f) of that the City Council approve $10,000, and WHEREAS, Section 2 09 of the of the Council providing for the contracting of indebtedness shall the Code of Ordinances requires all expenditures of more than City Charter requires every act expenditure of funds or for the be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Council hereby approves the Waterline Oversize Participation Agreement, attached hereto, between the City and Tom Fouts to provide for the city's participation in the cost of providing oversized waterline facilities 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 ~ e Jn PASSED AND APPROVED this ~ day of /joy, 1985 ~KICttARD 0 EWA , MA 0 CIT OF D TON, TEXAS ATTEST 41 2/A 'CHARLOTTE A , I Y 'TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY O t11/~h 1269L THE STATE OF TEXAS § WATERLINE PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON § AND TOM FOUTS WHEREAS, Tom Fouts, hereafter referred to as "Developer", whether one or more, 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 service by designing, constructing and installing a water main, and WHEREAS, the City of Denton, Texas, 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 water works system and insure adequate water 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-seven inch (27") water line and all necessary appurtenances thereto, hereafter referred to as "facilities", extending a total distance of approximately 450 feet, located as shown on Exhibit "A" attached hereto and incorporated herein by reference 2 Prior to beginning construction of the 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 Development Contract, which is incorporated herein by reference, and any other applicable ordinances of City 3 Prior to beginning construction of the facilities, Developer shall obtain, at his 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, he 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 facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the 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 facilities, based upon the difference in the cost of installing a 12-inch water line, as determined by City by public bids on the same or similar projects on a per linear foot basis, and the cost of the facilities, as determined by the City, based upon the amount of a bid from the lowest responsible bidder, shall be in an amount not to exceed Fourteen Thousand Six Hundred Twenty-five Dollars and No/100ths ($14,625 00), and City shall not, in any case, be responsible for any additional cost because of delays in beginning, continuing or completing construction, changes in the price or cost of materials, supplies, labor or other cost of the facilities, unforeseen or unanticipated costs because of topography, soil, subsurface, or other site conditions, differences in the calculated and actual per linear feet of the line needed for the 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 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 facilities Should the actual cost of the facilities be less than the bidded cost submitted to City by the lowest responsible bidder on which the City's share was determined, the City's share of the cost of the facilities shall be reduced proportionally, on a per linear foot basis, based PAGE 2/WATERLINE PARTICIPATION/TOM FOUTS upon the difference of the actual cost of the facilities and the determined cost for a 12-inch line To determine the actual cost of the Project, 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 facilities 6. Within thirty (30) days of the date the Developer has submitted satisfactory documentation of the actual cost of the facilities, as determined by City, City shall pay to Developer its share of the cost thereof 7. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, 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 contract, and Developer will, a its own cost and expense, defend and protect City against any and all such claims and demands 8. If Developer does not begin, and thereafter does not continue, substantial construction of the Oversized Facilities within twelve (12) months of the effective date of this agreement, this agreement shall terminate 9 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 contract shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto 10 This agreement shall not be assigned by Developer without the express written consent of City PAGE 3/WATERLINE PARTICIPATION/TOM FOUTS 11. 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 day of 1985 DEVELOPER TO FO S ATTEST SECRETARY CITY OF DENTON, TEXAS HICWD -0 XTEWAWT, -MAY CIT OF DE ON, TEXAS ATTEST ZHARLUTTE , CITY SEMETM CITY OF DLNTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY 'Y1/1 ,nnn PAGE 4/WATERLINE PARTICIPATION/TOM FOUTS F4.50'0 VER SIZE. F~ .O Ex h• b~~ ,A CONWA`( ST. /~so, A LOTS 6, 7, ~ 8 os _ _ ERWI N ADD. O ~ F,Q