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1985-0271001L NO 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 agreement 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 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, 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 yLLC,Q _ 1985 *CIOF qDON, TEXAS ATTEST c RLarrh ALLEN(/ GI 1 Y bLUKETAKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY t In IYIn WATER LINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT WHEREAS, Bert Singleton, Steve Sherwood, Byron Williams d/b/a, Mayhill Associates, Ltd , and/or their assigns, 410 E Hwy 121, Lewisville, Texas 75067, are the Developers 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 south Mayhill Road near I-35E, and the Developer desires to serve such property with approximately 1,805 feet of on and offsite water line facilities, and, WHEREAS, the City of Denton desires that such on and offsite water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provi- sions 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 Bert Singleton, Steve Sherwood, Byron Williams of d/b/a, Mayhill Associates, Ltd , 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 necessar a urtenances to serve the property described on t e attac a map n accord ance 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 7,317 (1,805 L F X $25 00 - $21 50) Upon completion of construc- tion and acceptance y the City o 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 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 WATER LINE OVERSIZE PARTICIPATION AGREEMENT/MAYHILL ASSOCIATES, LTD PAGE 1 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 S 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 3.ts own cost and expense, defend and protect against any and all such claims and demands IN WITNESS WHEREOF, this instrument is executed on this S; day 1985 of >'L/ CITY OF DENTON, TWS AMAYHILL ASSOCIATES, LTD VFr(r_U AYO1F B ERT S INGn TW, CO- OWNER BY STEVE H , CO- OW R BY BYRON WILLIAMS, CO-OW ER ATTEST / ;--7L- 6' p i~ L 'N~, CIT SECRET CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY WATER LINE OVERSIZE PARTICIPATION AGREEMENT/MAYHILL ASSOCIATES, LTD PAGE 2