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