The URL can be used to link to this page

2014-329ORDINANCE NO. 2O 14-329 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT L. P. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (IN AN AMOUNT NOT-TO-EXCEED $89,995.32) WHEREAS, the City desires to participate in the cost of oversizing water mains to be designed, installed, and constructed by Robson Denton Development L.P. in an amount not to exceed Eighty Nine Thousand Nine Hundred and Ninety Five and 32/100 ($89,995.32) Dollars, in accordance with the applicable provisions of the City of Denton Development Code, §35.21.9.1 and 35.21.9.2; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton, Texas and Robson Denton Development, L.P. (the "Agreement") for the over sizing of approximately 710 linear feet of twenty-four ("24") inch water main to a thirty ("30") inch water main; substantially in the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes; subject to Robson Denton Development, L.P. entering into a Development Contract with the City of Denton, in accordance with the Denton Development Code, §35.16.20.2. SECTION 2. The City Manager is hereby authorized to make the expenditures as 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 � � 2014. � ..... .... ....�,,,�.�� ° �° �� .�..,.,.,.. �� CHRIS WA�I'"I� �, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By; � � �,„�� "� �� " �,, .._ �� s , 1 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Y� �.�_._.... ...� � ��. .,, �, B , � �. ��... . �� ..�a��. � ,�..... �� THE STATE OF TEXAS § § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT, L.P. WHEREAS, ROBSON DENTON I�l�"�1��_,,C�:�1'iV9��l, 1.r.�'., ��a°�:�r�at�;��` ��i�r•a�� cr �as�z.� Developer , whose business address is ��,� � � �"°:,� �'�� ,�� x � �� ' �'S2�F� , wishes to develop and improve c�.��u�� u�� a��rty ►��..c� �c�� ir� uc��a��ri�t��a� w�� the "Robson Ranch Development" (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction; and is required to provide such real property with adequate collection capacity by designing, constructing and installing a water line of an inside diameter of thirty inches (30"), hereinafter referred to as the "Required Facilities;" and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKinney Street, Denton, Texas 76201, hereafter referred to as the "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to its other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Developer and the City do hereby AGREE as follows: l. Developer shall design, install, and construct, approximately 710 linear feet of thirty inch (30") water distribution line, and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit I, attached hereto and incorporated herein by reference. 2. As required by Subchapters 35.21.9, 35.21.9.1. and 35.21.9.2. of the Denton Development Code, Developer will enter into a Development Contract with the City prior to the beginning of construction of the Oversized Facilities. This Development Contract is attached hereto as Exhibit II and is incorporated herewith by reference. This Agreement is subject to and governed by said Development Contract and any other applicable ordinances of the City of Denton, Texas. 3. Prior to beginning of construction of the Oversized Facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds, and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. The City's share in the cost of the Oversized Facilities is based upon the difference in the cost of installing Required Facilities, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Eighty- Nine Thousand Nine Hundred and Ninety Five and 32/100 Dollars ($89,995.32), the maximum participation cost allowed herein. 5. The Director of Water Utilities or his designee shall determine the appropriate level of cost participation by the City based upon the incremental cost between the Developer Required Facilities and the City's requested oversized facilities. This cost determination shall be based upon recent bids for similar facilities and/or cost estimates prepared by the City's engineering staff. If the City cannot justify the costs involved in any such contract where City funds or pro-rata repayment is involved, the City shall have the option and right to submit the proposal for sealed bids, and the Developer shall pay his proportionate share of the acceptable low bid. Final approval of all oversize participation agreements between the City and the Developer shall come from the City Council after recommendation from the Public Utilities Board unless the participation amount is less than the expenditure level authorized by the City Manager. 6. The City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing, or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the Oversized Facilities; Developer�s decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities. 7. Final payment to the Developer for oversize participation by the City shall occur within sixty (60) days of the City's final acceptance of the installed Oversized Facilities. 8. To determine the actual cost of the Oversized Facilities, City shall have the right to inspect any and all records of Developer, its 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 Oversized Facilities. 9. All notices, payments or communications 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 for Utilities for City at the address given above. 10. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or 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 shall, at its own cost and expense, defend and protect City against any and all such claims and demands. 11. If Developer does not begin construction of the Oversized Facilities within twelve (12) months of the date of execution of this Agreement, this Agreement shall terminate. 2 12. This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement. 13. This Agreement shall not be assigned by Developer without the express written consent of the City. 14. 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 in a court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. EXECUTED in duplicate original counterparts by the undersigned duly-authorized �� officers of the City and the Developer, on this the � day of �:��'�a ��.. 2014. � r..n d,. ^ _,� . ......�..,� CITY OF DENTON, TEXAS A Texas Municipal Corporation : ATTEST: JENNIFER WALTERS, CITY SECRETARY �� BY� �� "��--� ��.� �� _ �� k'1'�� t�� . � � LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ��..� BY� "�� _ ......�,_ _.�. . .. ATTEST: BY� .�� ...�� ......... ..� �. %�� "�. ��f� � �ar��'�� C�to� Manager �� p "DEVELOPER" ROBSON DENTON DEVELOPMENT, L.P. � `� � �� ,... � �� °'� �� ,,,a.� M.M.�,� B Y' �� 3