1985-0861050L
NO &6-84)
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 3.nto an agree-
ment to participate in the cost of providing oversized waterline
facilities which is in the best interests of the City, and
WHEREAS, Section 2 36 (f) of
that the City Council approve
$3,000, and
the Code of Ordinances requires
all expenditures of more than
WHEREAS, Section 2 09 of the
of the Council providing for the
contracting of indebtedness shall
City Charter requires every act
expenditure of funds or for the
be by ordinance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the City Council hereby approves the "Waterline Oversize
Participation Agreement, attached hereto, between the City and Sam
Kartalis, Venture Manager, d/b/a Ridgeway Plaza Joint Venture 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 authorize 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
CI1W OF
ATTEST
lz/",p C
R
CITY SECRETAY
TE ALLEN ,
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
TEXAS
BYs 4Ofit(./W0lrG~C1V
1050L
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER LINE OVERSIZE
PARTICIPATION AGREEMENT
BETWEEN THE CITY AND SAM KARTALIS
KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, Sam Kartalis,
Venture Manager, d/b/a RIDGEWAY PLAZA JOINT VENTURE, 8235 Douglas,
Suite 816, Dallas, Texas, 75225, is the Developer of certain
property shown on the attached map, which map is incorporated
herein as if set forth in full, in the City of Denton, Denton
County, Texas, and further described as property on the West side
of I-35E between Conway and Lillian B Miller Freeway, and
Developer desires to serve such property with 415 feet of off site
and on site water line facilities, and,
WHEREAS, the City of Denton desires that such on and off site
water facilities be oversized and the City will participate in the
additional cost of the oversized facilities pursuant to the
provisions of the Denton Development Code, Appendix A to the Code
of Ordinances of the City of Denton, Texas, NOW, THEREFORE,
This Agreement, made this `day of 4,4L , 1985,
by and between Sam Kartalis, Venture Manager, a RIDG Y PLAZA
JOINT VENTURE, Dallas, Texas, hereinafter cal ed "Developer", and
the City of Denton, Texas, a Home Rule municipal Corporation of
the State of Texas, hereinafter called "City",
WITNESSETH
1 The Developer will install, by contract or otherwise, a 27"
water line and necessary appurtenances to serve the property
described on the attached map in accordance with all City of
Denton ordinances, rules, regulations, policies and procedures
The said facilities shall be located as shown on the attached map
which is made a part hereof for all intents and purposes
~3oo&_O 2 The City's share of the estimated cost of said faciities is
, Upon completion of construc-
tion and acceptance by the City of said facilities, the actual
cost of the City's participation in said facilities shall be
determined and certified to by the Director of Utilities, and his
certificate setting out the City's actual cost of said facilities
shall be attached hereto and made a part hereof
3 The City shall pay for its share of the facilities within
thirty (30) days from the date of acceptance of the facilities, or
under such terms and conditions that are mutually acceptable to
the parties
4 Title to said facilities is hereby and shall at all times
be vested in the City
5 The Developer shall and does hereby agree to indemnify and
hold harmless the City from any and all damages, loss or liability
of any kind whatsoever, by reason of injury to property or third
person occasioned by any act or omission, neglect or wrong doing
of Developer, its officers, agents, employees, invitees,
contractors or other persons with regard to the performance of
this contract, and Developer will, at its own cost and expense,
defend and protect against any and all such claims and demands
6 If Developer does not begin construction of these
facilities wihin one calendar year (12 months) from date of this
signed Agreement, this Agreement becomes null and void
RIDGEWAY PLAZA JOINT VENTURE/PAGE 1
IN WITNESS WHEREOF, this instrument is executed this day
of 1985
RIDGEWAY PLAZA JOINT VENTURE
BY
'
S
AL
s
s
CITY OF DENTON, TEXAS
BY
ATTEST
CttAKLOTTE r
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
RIDGEWAY PLAZA JOINT VENTURE/PAGE 2