2007-144ORDINANCE NO. 2007- ~y~
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A WATER MAIN PRO-RATA REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ARGYLE UNITED
METHODIST CHURCH FOR REIMBURSEMENT OF THE COSTS OF BUILDING A
WATER MAIN, 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 Argyle
United Methodist Church Campus Relocation ("Owner"), commonly referred to as that real
property conunonly known as 308 Denton Street, Argyle, Texas 76226, 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 with adequate water service by designing, constructing, and
installing a water main; and
WHEREAS, the City of Denton, Texas may lawfully reimburse the Owner for the costs
of the rivelve-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. That the City Manager is authorized to execute a Water Main Pro-Rata
Reimbursement Agreement Between the City of Denton, Texas and Argyle United Methodist
Church (the "Agreement") to provide for the pro-rata reimbursement for the design, construction,
and installation of a total of 1,020 linear feet of water line, being an 12-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, Argyle
United Methodist Church entering into a Development Contract wifli the City of Denton, Texas
in accordance with the Denton Development Code, Subchapter 35.16.20.2 and 35.16.20.4.
SECTION 2. That 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. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 17~ day of , 2007.
~ ~ ~~~~
PER R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN PRO-RATA REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
ARGYLE UNITED METHODIST CHURCH
WHEREAS, Argyle United Methodist Church ("Developer"), whose business address is
308 Denton Street, Argyle, "fexas76226 wishes to develop and improve certain real
property named Argyle United Methodist Church Campus Relocation (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 property
with adequate water service by designing, constructing and installing 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 main installed by the Developer, based upon pro-rata
charges paid to the City by persons connecting to the water main;
NOW, THEREFORE, in consideration of their mutual promises, Developer and City
agree as follows:
Developer has designed, installed and constructed, a 12 -inch diameter off-site
water main and all necessary appurtenances thereto, extending a total distance of
approximately 1,020 feet ("Facilities"), located as shown on Exhibit II, attached
hereto and incorporated herein by reference. This off-site water main 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 prior to the
beginning of construction. If Developer is unable to acquire needed easements,
Developer shall provide the 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 Facilities obtained
by the Developer shall 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:
$72,961.74 (Developer cost) or $71.53 per linear foot (1,020 linear
feet of off-site Facilities)
$0.00 (City participation cost)
4. Within thirty (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. "Fo determine the actual cost of the Facilities, the City shall have the
right to inspect any and all records of Developer, his agents, employees,
contractors, or subcontractors and shall have the right to require Developer to
submit to 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 actual cost of the Facilities and certify the
allowable reimbursable cost and the date the Facilities were accepted, which
certificate shall be attached hereto and be incorporated herein by reference.
5. After title to the Faculties have vested in the City, the City shall collect apro-rata
charge from any person connecting to the off-site facilities in accordance with the
provisions of the Code of Ordinances of the City. Within thirty (30) days of the
receipt of pro-rata charges, the City shall transfer the applicable amount collected
to Developer.
6. The City shall transfer to Developer pro-rata charges collected for a period oP
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.
7. The parties hereto recognize that the Facilities subject to this Agreement are
necessary to provide water service to the Developer's property. "The City has
decided that it will participate in the cost of funding a water main that would
provide greater water capacity than the Facilities Developer is required to install.
The City and Developer will enter into a separate Water Main Participation
Agreement to provide for the sharing of cost of such oversized main. The pro-
rata chazges to be collected and transferred to Developer shall be based on the
terms of this Agreement, as though the Facilities subject to this Agreement were
installed.
8. 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
reimburse the Developer for the Developer's cost of the Facilities by requiring
persons connecting who benefit thereby, to participate in the cost of the Facilities.
"Phis 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.
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9. 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.
10. 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 of Utilities for the City at
the address given above.
11. The Developer shall indemnify and hold the 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 will, at its own
cost and expense, defend and protect the City against any and all such claims and
demands.
12. This instrument embodies the whole agreement of the parties hereto, and there are
no promises, terms, conditions or obligations other than those contained herein.
This Agreement shall supersede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
13. Developer shall not assign this Agreement 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 and maintained in the court of
competent jurisdiction in Denton County, Texas.
15. This Agreement shall 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.
EXECUTED this the ~~day of , 2007.
CITY OF DENTON, TEXAS
BY: ~_
George C. ampbell, Cit anager
3
ATTESTED BY:
Jennifer Walters, City Secretary
By: ~
APPROVED AS TO LEGAL FORM:
Edwin Ser, City Attorney
By 1~~~~
ATTEST:
i 7
By: /~
APPROVED AS TO LEGAL FORM:
By:
Argyle United Methodist Church
By:
7i ~ teC;lta•~.af~
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