2005-205ORDINANCE NO. 2005- 2016-
AN O RDINANCE O F T HE C ITY C OUNCIL OF D ENTON, T EXAS A UTHORIZING T HE
CITY MANAGER TO EXECUTE A WATER MAIN PRO-RATA REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND PAT POWELL 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 Pat
Powell ("Owner"), commonly referred to as that real property commonly known as 1170 North
Mayhill Road, Denton, Denton County, Texas (as more particularly depicted in Exhibit 1,
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 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. That t he C ity M anager i s authorized t o e xecute a W ater M am P ro-Rata
Reimbursement Agreement Between the City of Denton, Texas and Pat Powell (the
"Agreement") to provide for the pro-rata reimbursement for the design, construction, and
installation of a total of 850 linear feet of waterline, 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, Pat Powell
entering into a Development Contract with 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 2(Wk day of 12005.
EULINE BROCK, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
By:
S:\Our Documents\Ordinances\05\Water Main-Pro-Rata Reimb-Ordinance-Powell-2005.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN PRO-RATA REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND PAT POWELL
WHEREAS, Pat Powell ("Property Owner"), whose service address is 1170 North
Mayhill Road, City of Denton, Denton County, Texas wishes to develop and improve certain real
property commonly known as 1170 North Mayhill Road (as shown in Exhibit I, attached hereto
and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial
jurisdiction, and desires to provide such property with adequate water service by designing,
constructing and installing a water main; and
WHEREAS, the City of Denton, Texas ("City"), a municipal corporation, located at 215
East McKinney Street, Denton, Texas 76201, in accordance with its ordinances may reimburse
Property Owner for the part of the costs of the water main installed by the Property Owner, 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, Property Owner and City
agree as follows:
Property Owner, who is the record owner of the subject real property, desires to connect
the service address known as 1170 North Mayhill Road, City of Denton, Denton County,
Texas with the City's existing water main; to do so would involve the construction of
approximately 850 feet of waterline ("Facilities"), located as shown on Exhibit IL
attached hereto and incorporated herein by reference. This water main shall be subject to
pro-rata reimbursement in accordance with this Agreement.
2. Prior to beginning construction of Facilities, Property Owner shall submit payment to the
City in the amount of $38,235, thereby funding the City's cost to design, install and
construct 850 feet of eight-inch waterline as described in Exhibit 1. The Property Owner
shall obtain, at Property Owner's sole cost and expense any necessary easements. The
City shall design and install the waterline, shall obtain all necessary permits and licenses
and shall survey and prepare documentation for any required easements. If Property
Owner is unable to acquire needed easements, Property Owner 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 Property Owner shall be assigned to City, if
not taken in City's name, prior to acceptance of the Facilities; and Property Owner
warrants clear title to such easements and will defend the City against any adverse claim
made against such title.
The cost for the design, construction, and installation of the Facilities subject to pro-rata
reimbursement is:
$38,235 = Property Owner cost for 850 linear feet of Facilities
Pro-Rata Unit Cost Amount: $44.98 per linear foot for 850 linear feet of
Facilities
The City has established the cost for the project, which has been agreed upon by the
Property Owner, in the amount of $38,235. This amount is based upon the cost of
installing an eight-inch waterline. The City will collect pro-rata for all connections of
properties abutting and adjacent to the waterline portions regarding the water line
improvement described in this Agreement. Pro-rata charges shall be $44.98 per linear
foot. Pro-rata reimbursements to the Property Owner shall be in the amount of $44.98
per linear foot regarding pro-rata charges received by the City, subject to the limitation
contained in Paragraph 5 hereinbelow.
4. After title to the Facilities have vested in the City, the City shall collect a pro-rata charge
from any person connecting to the 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 Property Owner, in accordance with
the provisions of Paragraphs 3 and 5 of this Agreement.
i. The City shall transfer to Property Owner 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 Property Owner an amount of funds in excess of
$38,235. The Property Owner and the City also recognize the possibility that no one will
seek to connect to the Facilities described in this Agreement for a period of time for
twenty (20) years; in which case, the Property Owner and the City each recognize the risk
that they will receive absolutely no funds pursuant to this Agreement.
i. The parties hereto recognize that the Facilities subject to this Agreement are necessary to
provide water service to the Property Owner's property. The City may decide that it will
participate in the cost of funding a water main that would provide greater water capacity
than the Facilities Property Owner 8-inch waterline that Property Owner is required to
install. If the City elects to oversize the 8-inch waterline, then any additional cost and
expense related to the oversizing will be borne solely by the City.
7. The pro-rata charges to be collected by the City and transferred to Property Owner in
accordance with the ordinances of the City and this Agreement are intended to reimburse
the Property Owner for the Property Owner's share of the cost of the Facilities by
requiring 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, utility
revenues, or any other revenues that it may receive, except solely from those pro-rata
funds received from any persons connecting to such Facilities in the time period specified
in Paragraph 5 above.
8. 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 Property Owner under this
Agreement are based, are found to be unlawful or invalid, the City may then cease to
charge or collect the pro-rata charges for connection to the Facilities, and shall have no
further obligations hereunder.
9. All notices, payments or communications to be given or made pursuant to this Agreement
by the parties hereto, shall be sent to Property Owner at the business address given below
and to the Assistant City Manager of Utilities for the City at the address given below:
Pat Powell, 1108 Pennsylvania Drive., Denton, Texas 76205.
10. The Property Owner 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 Property Owner, its
officers, agents, employees, invitees, contractors or other persons with regard to the
performance of this Agreement; and Property Owner will, at its own cost and expense,
defend and protect the City against any and all such claims and demands.
11. 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.
12. Property Owner shall not assign this Agreement without the express written consent of
the City.
13. 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. This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas.
14. This Agreement shall be effective for a period of twenty (20) years from the date
Facilities are accepted by the City, or until Property Owner has been paid all allowable
reimbursable pro-rata charges for the Facilities totaling 538,235, whichever event occurs
first; provided, however, in the event that Property Owner fails to complete substantial
construction of the Facilities within one year from the date of execution of this
Agreement, this Agreement shall terminate.
WITNESS OUR HANDS this the /-kday of 2005.
"CITY"
CITY OF DENTON, TEXAS
By:
MICHAEL A. CO 1 City Manager
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ATTESTED BY:
JENNIFER WALTERS, City Secretary
By: l 2i
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, Interim City Attorney
i"c
~i
By:
"PROPERTY OWNER"
PAT POWELL
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