OPA23-0003 - INCOMPLETEORDINANCENO. OPA23-0003
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
OVERSIZE COST PARTICIPATION AGREEMENT WITH B-BP CHILL DENTON, LLC, FOR
THE CONSTRUCTION OF A 16” WATER MAIN FOR THE WATER UTILITIES
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (AWARDED TO B-BP CHILL DENTON, LLC, IN THE
NOT-TO- EXCEED AMOUNT OF $243,190.00).
WHEREAS, the Developer is proposing to construct a water main within the city limits of
Denton located just west of the 1-35 freeway running north to south between Metro Street and
Corbin Road, as part of this development, the Developer is proposing to increase the capacity of
the water main for the Water Utilities Department; and
WHEREAS, the water main served by the facility shows additional developable land that
will be served by this water main, and therefore the City is motivated to provide proportionate and
reasonable capacity costs to expand its utility system and insure adequate utility service to other
customers. and
WHEREAS, Subchapter C, Section 212 of the Texas Local Government Code authorizes
the City to cost participate with a Developer of a subdivision or land to construct public
improvements related to the development; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals contained in the preamble of this ordinance are hereby
incorporated into the body of this ordinance are true and correct.
SECTION 2. That should the City and person submitting approved and accepted items wish
to enter into a formal written agreement as a result of the acceptance, approval, and awarding of
the proposals, the City Manager, or their designated representative, is hereby authorized to execute
the written contract which shall be attached hereto; provided that the written contract is in
accordance with the terms, conditions, specifications, standards, quantities, and specified sums
contained in the Proposal and related documents herein approved and accepted.
SECTION 3. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manage'r of the City of Denton, or their designee.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by . and' - V '0 <7 / /
a La / bY a =\ \bccll
„,„,d,dby B.„. JD-~ (!-..3 G HcC„ . Thi,„ddby
following vote B- d : the
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
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,/
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Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:,,‘
PASSED AND APPROVED thi, th, IC\ day of 2023
GERARb HUbSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY L\\\\\\1111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Susan
S usa n Ke ller =J::r2023.05.18 22:36:06
BY ' 45'oo’
MERCI IAN N
B ( ) NI ) IN ( ; C ' ( ) M II ANY I
1\II-RCII ANTS ItIINI II Nta L-ttAtI’AN\ (NtIII t 1 AI I I1 1 1 1\t 1\ I f 1'JH. III 'I MI 11 f-II ',. IF )V/A jf) HIfI !'+98
I'IlIINI,.t8ttltt (!7H HI-/ I I /\\ 1 'i ISI /'I t .itiS,t
MULTIPLE OBLIGEE RIDER
To be attached to and form part of Bond Number rxc6 1 5679
with Merchants Bonding Company (Mutual )as Surety,
Bear Creek Site Utilities & Construction, Ltd.
as Prindpal, and City of Denton, Texas as Obligee,
for valuable oonsideration, hereby agree respectively in connection with a contract for
3 ua) contract City of Denton, Provide Water & Wastewater Improvements for BP Chill Storage, Denton, TX
which bond and contract are made a part hereof by reference, shall now include as additional Obligee(s)
B-BP chin Denton, LLC
The rights of the additional Obligee(s) shall be subject to the following conditions:
(a)TIle Surety shall not be liable under this bond to the Obligee, or any additional Obligee,
unless the Obligee, or any additional Obligee, shall make payments to the principal in
accordance with the terms of said contract as to payments and shall perform all other
obligations to be performed under said contract at the time and in the manner therein set forth.
The aggregate liability of the Surety under the Bond to the Obligees, as their interest may
appearl-is limited to the penal sum of this Bond.
The Suretyl may at its option, make any payments under this Bond by check issued JointJy to
the Oblig8es.
The Surety shaH not be liable to any of the Obligees if the contract between the PrincIpal and
Obligee is void or unenforceable.
(b)
(C)
(d)
This rider is effective as of June 15, 2022
City of Denton, Texas
By:
(Oblig08)
a
By:CHe
9/tt/ HJ(Surety)
Kristi Meek &IJ + +
B-BP Chill Denton, 1.1.C
By:
(Oblige&}
}?®, '.q
b 1B By:
(Oblig m)CON 0313 (2/1 5)
MERCHANNS
BONDING COMPANY”
POWER OF ATTORNEY
\
ElraTTLBGT=T::h:g==bP£8T5E£H#=:eR:I:iE:of ElInTITLEintl:ngoIEStER;?herdJ::ELTIgaR?
i,bv&h) bo haeby m8ke, m18tRtrto and aMd. ktdlUdu8lly.
Bea WIlens; ctvtston Blur; Dawn DavIs; CXxrnlo Dale Doan; Edward Ry8n Bowles; Kee Ponlua; Kngtl Meek; LaCdsh8 WWne; Walter J De Ln
R098
++ true aH kwRH Attomey(sHHad. to sign its name as 8urety(188) and to execute, seal and 8cknawlocbe any and all bonds, untbrtakinp.
oonV8cts 8tH otter wiRen' instruments in the nature thereof, ari bihatf at the Ccxnpanl8s in theIr busIness af Wmntnklg the 6d8lttY of
pa3uB. gue8nt8dng Itu pafumww of axrtr8t£8 8nd exwuBng or gu8rantodng txrnd8 and undertakings requIred or p8rmttM in any aclk>ns
RHXBe{#tBs8#aBBdby IBW
TIes Pcn#u<#+R£nwy ts granted axl is 8lgnod and sealed by facsImIle under and by eu#tortty af the btlawlng By4aw8 alqXH PY the Band
cf [RuIns tf Me{:hants BcxxBng Canpany (Mutual) on April -23, 201 1 and 8m8nd8d-Augu8t 14, 2015 and adopted by the &utd of Dir8cgtx8 af
Rletc+r8nbNgtkxtd Bcxxlh9, Inc, ul Ck#thor 16. 2015.
TIn F+8skbnl Secraary, Tnulrv, or any Assistant TreB3urer u any Assistant SeaBtary or any Uce President 8h8ll tnv8 W nrd
nrttxxRy toepdnt A£kxrwyshirbFeet 8rxl to authoriz8 them to execute ori behalf of the Company. and attach the seal of the Car4nnY thneto.
txxxls eKI utxtert8k+Iss. mxIFrinna8& wltr8cts af indemnIty and other wrItings obligatory in the nature thereof.-
TIe siFtarre cf any wtlwUI afEoR and the seal cf the Company may be afhxod by fasimile w eloclruntc bansmissbn to anY RwH afAtta7W
or Certifbatim Rnrecf authcxiang the exeal HuI and delivery of-any-band, underiaking, recognbartoe, or ather suretyship otXiW6cxts af the
CXxrWty, and stxt1 sIgnature aId seal when so used shall h8vo tho &ame tom and oKect as thwgh manually fM.-
In axttwRkn wtth otiig8tkxts in faux of the Fk)dda Department at Tr8n8ponatk)n only, it is agreed th8t the power and aut hcMty hentV given to the
AlkxrV+hFea includes any aId all wlsnrts for the mle®e af mtalned pert8ntagn and/or final estimates ul engineering arxi wnstrudkn
axrtraas ncB&ed by the State of FbrHa Department of Transportatkin. It is fully unilerstcxld that consenting to the State of Flatla Defwtment
cfTrursport8tkx1 making payment of the final w6m8to b the CorRrador andIn ib ass}gne8, shall not reHwe this surety oompany af any cf
its ob6gatkxts urxler its txnd.
In axrnu£kxt with ob6gatkxrs in favor of the Kentucky Department d Highways only, it is agreed that the power and authority hereby given
tD the Aarxne}h+hFea cnnrxrt tn nxxltfied or revoked unless prior written personal notiae af such intent has been given to the CcxnmbsUter-
E+wtment af HOlman af the Commonwatth of Kenttrdcy at least thirty (30) days pHu b the nxxJtfiatkn or revaation.
In VWtness VWteteaf, the Companiu havo aused this Instrunnnt to be signed and sealed this 8th day of Dec8mtnr , 2022
HERCHAHrs BONDING COHPAW (uuruAL)
HERCHAHrs HATIOHAL BONDING. INC.
dINa MERCHANTS NATIONAL INDEMNITY COUPANY
grATE OF IOWA
COUNTY OF DAI I AS u.
ch hb 8th My of Decanb8r 2022 , before me 8ppear8d LaITy Taylor, to me personalty known, who being by an d8 wn
dH roy Bnih bh;ddent of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; aId But BP
n&db ;coxed to the fawu Ins&ument are he Corporate Seals of the Companies; and that the said instrument was signed arxl maId in keW
d & CanWbw by auinrtiy of mir re8pec{ive Boards of Dinahxs.
(Expiratkx1 af notary'$ wnrnisdon dms not inwIkIate thIs Instrument)
I, Wdlan W8nm. Jr.I $ecretay af MERU{ANTS BONDING COMPANY (MUTUAL) aM MERCHANTS NATIONAL BONDING, INC., Ib ten!!
&try–hate:v ;hiv;9nd-};;6oirb'i;iru;–arxia>nect copy of ttn POVVEROF-ATTORNEY oxntlod by ad Comp8N8& wIkiIt b sII in hd
form 8rxi dfHIdHad rb4 tnqn amerxIBl or r8vok8d.
18th day d Auwt .2023 .
S<xetary
POA 0018 (10/22)