1984-143912L
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, 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
1984
PASSED AND APPROVED this_ day of
ATTEST
C L TE AL EN, Y SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY 1tW~
WATERLINE OVERSIZE PARTICIPATION AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THAT WHEREAS, CHECKMATE DEVELOPMENT CORP , 12434 Montego
Plaza, Dallas, Texas, 76230, 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 Old North
Road, and called NORTHWOOD ESTATES, 10th INSTALLMENT, and
Developer desires to serve such property with approximately
396 82 feet of onsite 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
1984, by and between CHECKMATE DEVELOPMENT,
CORP , Dallas, 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 other-
wise, a 12" water line and a urtenances to serve
the property escr a 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 and incorporated
herein by reference
2 The City's share of the estimated cost of said
facilities is $1,388 87 (396 82 feet x $25-$21 50)
Upon completion of construction 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 cost of said facilities shall be attached
hereto and made a part hereof
WATERLINE OVERSIZE PARTICIPATION AGREEMENT-NORTHWOOD ESTATES-10TH
INSTALLMENT-CHECKMATE DEVELOPMENT, CORP -PAGE 1
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
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 whatso-
ever, 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
WITNESSETH the hands of the Parties hereto on the day and
year first above written
CHECKMATE DEVELOPMENT, C'ORP
GS KYZ^a/7.V
ATTEST
(
C fE LAN, CITY 5NUKETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
WATERLINE OVERSIZE PARTICIPATION AGREEMENT-NORTHWOOD ESTATES-10TH
INSTALLMENT-CHECKMATE DEVELOPMENT, CORP -PAGE 2
CITY OF DENTON, TEXAS
DENTON MUD' " IPAL UTILITIES CERTIFICATE F ACTUAL COST
CITY OF DENTON AND CHECKMATE DEVELOPMENT CORPORATION
PARTICIPATION AGREEMENT DATED October 30:01984
FACILITY DESCRIPTION Northwood Estates 9th Installment
Northwood Estates 10th Installment
ACTUAL COST OF FACILITIES $ 45,276 15
DEVELOPER / OWNER SHARE OF COST $ 32,937 75
CITY'S SHARE $ 12,338 40
I hereby certify the completion of the herein referenced facilities and certify the actual cost of the
City s participation to be as stated above This statement shall be attached to the original
Darticmawm agro)#npint and become a part thereof
of
October 28, 1985
October 28, 1985
Notary Public
My Commission Expires
Original City Sect I Duplicate Developer Owner I Triplicate Dir of Util
b
m
G
m
r
0
A
N
w
s
S
P
n
-i
i
N
LA
S
.1.
*1 OC-
w
N
.D
W
J
v
ul
I
N
W
W
t4
O
l7
r
n
0
'1
1
o
n
T
N
D
'I
n
H
N
C
D
D
07
n
TI
1
N
-
-
r
~
r
~
n
~
>
8
o
J
N
n
c'
{
7
~
~
~
11
11
&
OC
yv1F
1p
yUl
N
~
W
O
O
4z,
W
J
~
o
Ol
p
O
S
N
D
N
m
b
O
C
C
r
-1
m
N
Q
eA
D
n
C
O
i
nA
T
z
d
a
d
O
9
O
D
N
r