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