2012-163oxDn�raNCE No. 2012-163
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A WATER MA1N PRO-RATA REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MARY SESS MILLER
FOR REIMBURSEMENT OF THE COSTS OF BUILDING A WATER MA1N, THROUGH
PRO-RATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS
PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas requires that the development owned by Maxy
Bess Miller ("Owner"), commonly referred to as that real property commonly known as 1205
Meadow Ridge Drive, Denton, Texas 76201, Denton County, Texas (as more particularly
depicted in Exhibit I, attached hereto and incorporated herein by reference) located in the City of
Denton, Texas or its extraterritorial jurisdiction; and said Owner is required to provide such real
property development with adequate water service by designing, constructing, and installing a
water main; and
Wi�REAS, the City of Denton, Texas may lawfully reimburse the Owner for the costs
of the eight-inch water main installation by the Owner based upon pro-rata charges paid to the
City of Denton, Texas by persons connecting to the water main pursuant to the Denton
Development Code, Subchapter 35.21.10.1 and .2; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to execute a"Water Main Pro-Rata
Reimbursement Agreement between the City of Denton, Texas and Mary Bess Miller" (the
"Agreement") to provide for the pro-rata reimbursement for the design, construction, and
installation of a total of 3,031 linear feet of water line, being an 8-inch diameter water main,
substantially in the form of the attached Agreement, which is incorporated herewith by reference
and made a part of this Ordinance for all purposes; subject however, to Owner, Mary Bess Miller
entering into a Development Contract with the City of Denton, Texas in accordance with the
Denton Development Code, Subchapter 35.16.20.B.
SECTION 2. The City Manager is hereby authorized to make such expenditures and
transfers of funds under such conditions as are set forth in the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of � , 2012.
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MA A. BURRO GHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.
By:
THE STATE OF TEXAS
COUNTY OF DENTON
WATBR MAIN PRO-RATA REIMBURSEMENT AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND MARY BESS MII,LER
WHEREAS, MARY BESS MILLER ("Developer"), A Sole Proprietor, whose business address is 1205
Mea,dow Ridge Drive, Denton, Texas 76201 wishes to develop and improve a water line which will extend the
water utility currently owned and operated by the City of Denton, Texas, by designing, constructing and
instailing a water main; and
WHEREAS, the City of Denton ("City"), a municipal corporation, located at 215 East McKinney, Denton,
Texas 76201, in accordance with its ordinances may reimburse Developer for the costs of the water rnain
installed by the Developer, based upon pro-rata charges paid to the City by persons connecting to the water
main; and
NOW, THEREFORE, in consideration of their mutual promises, Developer and City agree as follows:
1. Developer has designed, installed and constructed an 8- inch diameter off-site water main and all
necessary appurtenances thereto, extending a total distance of approximately 3,031 linear feet
("Facilities"), located as shown on E�ibit 1, attached hereto and incorporated herein by reference.
This entire water main addition shall be subject to pro-rata reimbursement in accordance with this
Agreement.
2. Prior to beginning construction of Facilities, Developer shall obtain at Developer's sole cost and
expense, all necessary permits, licenses, and easements. If easements are needed, the deeds therefore
obtained by Developer shall be reviewed and approved as to form and substance by the City priar to
the beginning of construction. lf Developer is unable to acquire needed easements, Developer sha11
provide the City with any requested documentation of efforts to ob#ain such easements, including
evidence oi negotiations and reasonable offers made to the afFected property owners. Any easements
for the Facilities obtained by the Developer sha11 be assigned to City if not taken in City's name, prior
to acceptance of the Facilities; and Developer warrants clear title to such easements and will defend
the City against any adverse claim made against such title.
3. The cost for the design, construction, and installation of the Facilities subject to pro-rata
reimbursement is:
a. Water:
$110,953.90 (Developer cost) or $36.61 per linear foot
$0.00 (City participation cost)
4. The calculations from which these costs were determined are presented in E�ibit 2.
Within thirry (30) days of the acceptance of the Facilities by the City, Developer shall submit to the
City's Assistant City Manager of Utilities the actual cost of the Facilities. To determine the actual cost
of the Facilities, the City shall have the right to inspect any and all records of Developer, her agents,
employees, contractors, or subcontractors and shall have the right to require Developer to submit any
necessary information, documents, invoices, receipts or other records to verify the actual cost of the
Facilities. The Assistant City Manager of Utilities shall review and verify the actuat cost of the
Facilities and certify the allowable reimbursable cost and the date the Facilities were accepted, which
certificate shall be attached hereto by the City, once issued, and be incorporated herein by reference.
6. After title to the Facilities has vested in the City, the City shall collect a pro-rata charge from any
person connecting to the off-site facilities in accordance with the provisions of the Code of
Ordiniances of the City. The City shall thereafter transfer the applicable amount collected to
Developer, and made payable to "Bess Miller Survivor's Trust". Should payment be collected after
Developer's death, it shall be made payable to "Mary Bess Miller 2012 Revokable Living Trust "
7. The City shall transfer to Developer pro-rata charges collected for a period of time for twenty (20)
years from the date Facilities are accepted by City, as specified herein, but shall not transfer or
reimburse to the Developer an amount of funds in excess of the certified cost of the Facilities.
8. The parties hereto recognize that the Facilities subject to this Agreement are necessary to provide
water service to the Developer's existing water service customers. The pro-rata charges to be col(ected
and transferred to Developer shall be based on the terms of this Agreernent, as though the Pacilities
subject to this agreement were installed.
9. The pro-rata charges to be collected by the City and transferred to Developer in accordance with the
ordinances of the City and this Agreement are intended to reirnburse the Developer for the
Develaper's cost of the �acilities by requi'ring persons connecting who benefit thereby, to participate
in the cost of the Facilities. This Agreement shall not be considered to impose any obligation or
liability upon the City to pay for the Facilities from its general revenues, bond funds or any other
revenues it may receive, except for those pro-rata funds received from persons connecting to such
Facilities.
10. Should any court of competent jurisdiction determine that all or a part of the City's ordinance upon
which the pro-rata charges to be paid to Developer under this Agreement are based, are found to be
unlawful or invalid, the City may cease to charge or collect the pro-rata charges for connection to the
Facilities, and shall have no further obligations hereunder.
11. All notices, payments or communicatians to be given or made pursuant to this Agreement by the
parties hereto, shall be sent to Developer at the business address given above and to the Assistant City
Manager of Utitities for the City at the address given above.
12. The Developer shall indemnify and hold the City harmless from any and all claims, damages, loss ar
liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or
omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or
other persons with regard to the performance of this Agreement; and Developer will, at its own cost
and expense, defend and protect the City againsi any and all such claims and demands.
13. This instrument embodies the whole agreement of the parties hereto, and there are no promises, terms,
conditions oe obligations other than those contained herein. This Agreement shall supersede all
previous communications, representations or agreements, either verbal or written, between the parties
hereto.
14. Developer shall not assign this Agreement without the express written consent of City.
15. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this
Agreement, shall be brought and maintained in the court of competent jurisdiction in Denton County,
Texas.
16. This Agreement sha11 be effective for a period of twenty (20) years from the date Facilities are
accepted by the City, or until Developer has been paid all allowable reimbursable pro-rata charges for
the Facilities, whichever occurs first; provided, however, should Developer fail to complete
substantial construction of the Facilities within one year from the date of execution of this Agreement,
this Agreement shall terminate.
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EXECITCED this the < `
day of 2012.
CITY OF DENTON, TEXAS
By: '%' �`
GEORGE C. CAMPBEL
CITY MANAGER
ATTESTED BY:
JENNIFER WALTERS, CTI'Y SECRETARY
By:
APPROVED AS TO LEGAL FORM:
t�NITA BURGESS, CITY ATTORNEY
By: �
MARY BESS MILLER
Developer (Sole Proprietor)
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ATTEST:
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APPROVED AS TO LEGAL FORM:
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