1985-038895L (44L)
NO JS-38
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 which is in the best interests of the City, and
WHEREAS, Section 2 36 (f) of
that the City Council approve
$3,000, 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
Checkmate Development Corporation 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
1
CI 1~ ,
CITY OF DENTON, TEXAS
ATTEST
C" W ECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D. MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
WATER LINE OVERSIZE PARTICIPATION AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THAT WHEREAS, Tony Raposa, d/b/a Greenway Plaza, 801 Sunset
Street, Denton, Texas 76201 and/or its assigns, is the Developer of
certain property shown on the attached map, which map is incorpo-
rated herein as if set forth in full, in the City of Denton, Denton
County, Texas, and further described as property on Colonial Drive,
Thunderbird Drive and IH-35 East Service Road, and the Developer
desires to serve such property with approximately 1,900 feet of
oversize water line facilities, and,
WHEREAS, the City of Denton desires that such 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
1985, by and between Tony Raposa, d/b/a Greenway Plaza, Denton,
Texas, hereinafter called "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 12"
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
2 The City's share of the estimated cost of said facilities is
$6,650 (1,900 L F X $25 00 - $21_50) Upon completion of construc-
tion and acceptance by the City of said facilities, the actual cost
WATER LINE OVERSIZE PARTICIPATION AGREEMENT/TONY RAPOSA d/b/a GREEN-
WAY PLAZA-PAGE 1
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 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
EOF, this instrument is executed this ~ day
of aZ;71985
CITY OF DENTON, TEXAS TONY RAPOSA, d/b/a GREEWAY PLAZA-or,/e
- ~
BY
-TONY RAPOS
RI HARD 0 EW T, M YOR BY
ATTEST
C ALLEN,-CITY ETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
WATER INE OVERSIZE PARTICIPATION AGREEMENT/TONY RAPOSA d/b/a GREEN-
WAY PLAZA-PAGE 2
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