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1984-142NO 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 eifective immediately upon its passage and approval 1984 PASSED AND APPROVED this ~ day of ATTEST CHARLOTTE ALLEN, CITY bLUKLEAKI CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY M1 0898L WATERLINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT WHEREAS, Checkmate Development Corporation, 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 Windsor Drive between Old Orchard Road and Old North Road, and called Northwood Estates 9th Installment, and Developer desires to serve such property with approximately 1,700 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, and THEREFORE, this agreement, made this &Q 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 I The Developer will install, by contract or otherwise, a 12" water line and 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 and incorporated herein by reference II The City's share of the estimated cost of said facilities is $5,950 (1700 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 CHECKMATE DEVELOPMENT, CORPORATION WATERLINE OVERSIZE PARTICIPATION AGREEMENT-PAGE 1 III 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 IV Title to said facilities is hereby and shall at all times be vested in the City V 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 IN WITNESS WHE EOF, this instrument is executed in triplicate originals this ay of A D , 1984 BY CITY ATTEST CHARLOTTE-ALLEN, CITY SECRETAKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM J OR I A ING CITY ATTORNEY PMENT, CORP CHECKMATE DEVELOPMENT, CORPORATION WATERLINE OVERSIZE PARTICIPATION AGREEMENT-PAGE 2