2004-225ORDINANCE NO. 2004-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
WINDSOR FARMS PARTNERS, L.P. FOR THE CITY'S PARTICIPATION IN THE
OVERSIZING OF SEWER MAINS; AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to participate in the cost of oversizing sewer mains to be
designed, installed, and constructed by Windsor Farms Partners, L.P., in an amount not to exceed
Twenty Two Thousand Ten and No/100 Dollars ($22,010), in accordance with the provisions of
Section 35.21.9 of the Denton Development Code, as amended, and Texas Local Government
Code §212.072; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is authorized to execute a Sewer Main Cost
Participation Agreement Between the City of Denton, Texas and Windsor Farms Partners, L.P.,
for the oversizing of approximately 1,536 linear feet of on-site ten-inch (10") to fifteen-inch
(15") sewer mains; substantially in the form of the attached Agreement, which is incorporated
herewith and made a part of this ordinance for all purposes; subject to Windsor Farms Partners,
L.P., entering into a Development Contract with the City of Denton, in accordance with Section
35.16.20.2 of the Denton Development Code, as amended, of the City of Denton, Texas.
SECTION 2. That the City Manager is hereby authorized to make the expenditures as
set forth in the attached Agreement.
SECTION 3.
and approval.
PASSED AND APPROVED this the
EULINE BROCK, MAYOR
That this ordinance shall become effective immediately upon its passage
· 2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances~01 ~Sewer Main Cost Parlic Oral-Windsor Farms-2004.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON AND WINDSOR FARM PROPERTIES PARTNERS, L.P.
WHEREAS, WINDSOR FARMS PARTNERS, L.P., hereinafter referred to as
"Developer", whose business address is 3625 Serendipity Hills Trail, Corinth, Texas 76210
wishes to develop and improve certain real property named "Windsor Farms Subdivision" (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 sanitary
sewer main of an inside diameter often-inches (10"), 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, Denton, Texas 76201, hereafter referred to as the "City, in
accordance with Section 35.21.9 of the Denton Development Code, as amended, and its
ordinances, wishes to participate in the cost of the construction and installation of said
sanitary sewer main to expand its utility system and insure adequate utility service to other
customers;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein the Developer and the City AGREE as follows:
1. Developer shall design, install, and construct approximately 1,536 linear feet of
fifteen-inches of off-site sewer main of which five-inches of said sewer main shall be eligible
for cost participation. The 1,536 linear feet of sewer main, together with five new manholes,
and all necessary appurtenances thereto, hereat~er referred to as the "Oversized Facilities" are
as shown on Exhibit I, attached hereto and incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter into a Development Contract prior to beginning of construction of the
Oversized Facilities. 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 rifle
to such easements and will defend City against any adverse claim made against such rifle.
4. 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 Twenty Two Thousand
Ten and No/100 Dollars ($22,010). City may elect one of the following methods to
determine City's share of the cost:
a)
Developer shall prepare plans and specifications and furnish them to City. City shall
competitively bid the required line and the Oversized Facilities in accordance with
Chapter 252 of the Texas Local Government Code. The difference in the bids shall be
used to determine the City's share, subject to City's maximum participation in cost as
specified in this Agreement; or
b)
Developer shall prepare plans and specifications and take bids on the required line and
the Oversized Facilities. City shall pay Developer the least amount of the following:
(1) The difference in the bids for the required line and the Oversized Facilities; or
(2)
Participation by the City at a level not to exceed One Hundred percent
(100%) of the total cost for any oversizing of improvements required by the
City, including, but not limited to increased capacity of improvements to
anticipate other future development in the area, all as provided for in
§212.072(b) of the Texas Local Government Code, as amended: or
(3) $22,010, the maximum participation cost allowed herein.
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.
5. The City will make monthly payments for its share of the Oversized Facilities.
The Developer shall submit monthly pay requests on forms provided by the City. The
Developer's engineer shall verify that each pay request is correct. Each pay request, along
with the engineer's verification, shall be submitted to the Engineering & Transportation
Department of the City. The City will retain 10% of the total dollar amount until the project
is accepted. Payment by the City to the Developer will be made within thirty (30) days of
receipt of the pay estimate and the engineer's verification.
6. To determine the actual cost of the Oversized Facilities, 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 any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities.
2
7. 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.
8. Developer shall indemnify and hold City harmless from any and all claims,
damages, loss or liability of any kind whatsoever, by mason 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.
9. If Developer does not begin substantial construction of the Oversized Facilities
within twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall terminate.
10. 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.
11. This Agreement shall not be assigned by Developer without the express written
consent of the City.
12. 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 duly authorized o~.iaJs and
of~e~rs of the_.~ity of Denton, Texas and the Developer, on this the /~X'~ay of
,2004.
- 0
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
Michael A. Con~d~uff, City M~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: /~/~ ~
"DEVELOPER"
WINDSOR FARMS PROPE/RTIES, L.P.
ATTEST:
APPROVED AS TO LEGAL FORM:
S:\Our Document s\Contracts\04~Sewer Main Cost Parficip Agnnt-Windsor Farms-2004.doc