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"
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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"
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