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1985-1301117 NO AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION 114 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 the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000, 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 Waterline Oversize Participation Agreement, attached hereto, between the City and Holigan Development, Inc 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 PASSED AND APPROVED this day of 1985 ATTEST C( /OTTE ALLEN, CITY SECKETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DLNTON, TEXAS BY \Vj 1117L THE STATE OF TEXAS § WATERLINE PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON § HOLIGAN DEVELOPMENT, INC WHEREAS, Holigan Development, Inc , hereafter referred to as "Developer", 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 an on and off-site 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 an on and off-site 12" water line and all necessary appurtenances thereto, hereafter referred to as "Oversized Facilities", extending a total distance of approximately 1817 feet, located as shown on Exhibit "A" attached hereto and incorporated herein by reference 2 Prior to beginning construction of the Project, 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 Project, Developer shall obtain, at his sole cost and expense, all necessary permits, licenses and off-site easements If off-site 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 off-site easements, he shall provide City with any requested documentation PAGE 1 of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners Any off-site easements for the Project obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Project, 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 an 8-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 Project, 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 Nine Hundred Four Dollars and Twenty Cents ($14,904 20), 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 Project costs, 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 Project, 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 Project 5 Within thirty (30) days of the acceptance of the Project by the City, Developer shall submit to the City's Director of Utilities the actual cost of the Project Should the actual cost of the Pro- ject 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 Project shall be reduced proportion- ally, on a per linear foot basis, based upon the difference of the actual Project cost and the determined cost for an 8-inch line To PAGE 2 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 Project costs 6 Within thirty (30) days of the date the Developer has submitted satisfactory documentation of the actual cost of the Project, 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 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 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 PAGE 3 PAGE 4 EXHIBIT "A" Creek 't . ;tr- ` 10, rri ~ Aar . f ~ , rv..r. raw w.. .'-'~•~rw ' O ~ I~ ` . pig„ r after fem. ! AUa /ally cR ~~Cl ~hf dV/2~ WI~IAINR 111 ~ AAAIFDB"WAtW EXIST11~a *12 ~ Willa 111N -Enuor. 4 ~~iaari~ .J~ AV , 1- ~ i7~ ~ fn Sc ' r 1101L THE STATE OF TEXAS WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN HOLIGAN DEVELOPMENT COUNTY OF DENTON AND THE CITY OF DENTON, TEXAS WHEREAS, Holigan Development, Inc , hereafter referred to as "Developer", wishes to develop and improve certain real property located within 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 an off-site water main, WHEREAS, the City of Denton, hereafter referred to as "City", in accordance with its ordinances, may reimburse Developer for the costs of the off-site water main designed, constructed and installed by Developer based upon prorata charges paid to the City by persons connecting to such off-site water main, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows 1 Developer will design, install and construct, at no cost to the City, an eight inch (8") off-site water main and all necessary appurtenances thereto, hereafter referred to as "Facilities", from Developer's property, known as Allen Estates Mobile Home Park, and extending approximately 650 linear ieet to the City's existing twelve (12") inch water main, as shown on Exhibit "A", attached hereto and incorporated by reference 2 Prior to beginning construction 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 refer- ence, 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 off-site easements If off-site 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 off-site easements, he shall provide City with any requested documentation of PAGE 1 efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners Any off-site 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 estimated cost of the design, construction and instal- lation of Facilities, as determined by public bids on the same or similar projects, on a per linear foot basis, is $21 50 per linear foot or Thirteen Thousand Nine Hundred Seveny-Five and No/100ths Dollars ($13,975 00) for the estimated 650 linear feet for the Facilities 5 Within thirty (30) days of the acceptance of the Project by the City, Developer shall submit to the City's Director of Utilities the actual cost of the Project To determine the actual cost of the 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 Project costs The Director of Utilities shall review and verify the certified the cost of the Facilities and the allowable reimbursable costs and date Facilities were accepted shall be attached hereto and be incorporated herein by reference 6 After title to the Facilities have vested in the City, the City shall collect a prorata charge from any person connecting to the Facilities in accordance with the provisions of Appendix A of the Code of Ordinances of the City Within thirty (30) days of the receipt of such prorata charges the City shall transfer such amount collected to Developer 7 The City shall transfer to Developer prorata charges collected for a period of time of twenty (20) years from the date Facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Developer an amount of funds in excess PAGE 2 of the actual certified and verified costs of the Facilities 8 The parties hereto recognize that the facilities subject to this Agreement are necessary to provide water to serve the Deve- loper's property Should the City decide that it wishes to participate in the cost of funding an off-site water main that would provide greater water capacity then the Facilities Developer is required to install, the Developer and City may enter into a separate Water Main Oversized Participation Agreement If such agreement is entered into, the actual off-site or on-site water mains to be constructed shall be governed by such agreement, but the prorata charges to be collected and transferred to Developer shall be based on the terms of this agreement, as though the Facilities subject to this Agreement were installed 9 The prorata charges to be collected by the City and trans- ferred to Developer in accordance with the ordinances of the City and this Agreement is intended to reimburse the Developer for the Developer's cost of the Facilities by requiring persons connecting to such Facilities, and benefitting thereby, to participate in the cost of such Facilities This Agreement shall not be considered to impose any obligation or liability upon the City to pay for such facilities from its general revenues, bond funds or any other revenues it may receive, except for those prorates funds received from persons connecting to such Facilities 10 Should any court of competent jurisdiction determine that all or part of the City's ordinances on which the prorata charges to be paid to developer under this Agreement are based are found to be unlawful are invalid, the City may cease to charge or collect such prorata charges for connection to the Facilities and will have no further obligation hereunder 11 The Developer shall indemnify and hold the 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 wrong doing of Developer, its officers, agents, employees, invitees, contractors or other persons with re- gard to the performance of this contract, and Developer will, at its PAGE 3 own cost and expense, defend and protect the City against any and all such claims and demands 12 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 13 This agreement shall not be assigned by Developer without the express written consent of City 14 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 15 This agreement shall be effective for a period of twenty (20) years of the date Facilities are accepted by City or until Developer has been paid all allowable reimbursable prorata charges for the Facilities, whichever occurs first Executed this the day of U&4 - , 1985 HOL AND ELOPMENT, INC BY ATTEST SECRETARY CITY OF DENTON, TEXAS P1 CIT OFD TON, TEXAS ATTEST V• • V4• as VYVa•u ~•w•♦ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY nO&A 0 PAGE 4 EXHIBIT "A" 606 1 : O C SPENCER ROAD` 41 6 0 ~ 1 ' , LLEM ® 1 MOBILE WMA l 650' Of o-- l p 5 PRO 2 RATA WATERUNE -1 r • ` O • -jR\ ~ti ♦ 1\a I ♦ • n v 0O r tnn