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