2004-251ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A WATER MAIN PRO-RATA REIMBURSEMENT
AGREEMENT BETWEEN THE C1TY OF DENTON, TEXAS AND QUAIL CREEK NORTH,
LTD. 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 Quail
Creek North, Ltd. ("Developer") commonly referred to as that real property described as the
"Quail Creek Apartments" (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 Developer 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 Developer for the
costs of the water main installation by the Developer based upon pro-rata charges paid to the
City 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 Ma'm Pro-Rata
Reimbursement Agreement Between the City of Denton, Texas and Quail Creek North, Ltd. (the
"Agreement") to provide for the pro-rata reimbursement for the design, construction, and
installation of 2,000 linear feet of 12-inch diameter off-site water mains, 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 Developer, Quail Creek North, Ltd. entering into
a Development Contract with the City of Denton, Texas in accordance with the Denton
Development Code, Subchapter 35.16.20.2.
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 ord'mance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 7LO/~ day of ,~-tf.~ cr~/2~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances\04\Water Main Pro-Rata Raimb Ord-Quail Creek Aparrments-2004.do¢
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MA1N PRO-RATA REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND QUAIL CREEK NORTH, LTD.
WHEREAS, Quail Creek North, Ltd. ("Developer"), whose business address is
975 One Lincoln Centre, 5400 LBJ Freeway, Dallas, Texas 75240, wishes to develop and
improve certain real property named the "Quail Creek Apartments" (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, Texas ("City"), a municipal corporation, located
at 215 East McKinney Street, Denton, Texas 76201, in accordance with its ordinances
may reimburse Developer for the costs of the water main installed by the Developer,
based upon pre-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, 12-inch diameter off-site water
main and all necessary appurtenances thereto, extending a total distance of
approximately 2,000 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.
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:
$75,707.38 (Developer's cost) or $37.85 per linear foot (2,000
linear feet of off-site Facilities)
See attached Exhibit III for cost breakdown
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. To 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 the City 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 a pro-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 pm-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 of
time for twenty (20) years from the date Facilities are accepted by City, as
specified heroin, but shall not transfer or reimburse to the Developer any amount
of funds in excess of the certified cost of the Facilities, as determined by the City
in paragraph 4 above.
7. The parties hereto recognize that the Facilities subject to this Agreement are
necessary to provide water service to the Developer's property.
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.
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 or any
other revenues it may receive, except for those pro-rata funds received from
persons connecting to such Facilities.
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.
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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 '27. ,2004.
"CITY"
CITY OF DENTON, TEXAS
Michael A. Conduff, (~i~anager
3
ATTESTED BY:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTO~EY
"DE.LOPER"
QUAIL CREEK NORTH, LTD.
ATTESTED BY:
By:
APPROVED AS TO LEGAL FORM:
By:
S:\Our Documents\Conltactz\04\Water Main Pro-Rata Agrmt-Quail Creek Apts-2004.doc
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Exhibit I
Qual Creek Vicinity Map
SITE
DISCLAIMER
This data has been compiled for the City of Denton. Various official and unofficiaJ sources were
used to gather this informafi on, Every effort w~s made to ensure the accuracy of this data,
however, no guarantee Is given or implied as to the accuracy of said data.
i/
/
~0/24/2BB3
ll:&9 9482708781 LL.N~ UTILITY P~GE B2/82
LLANO UTILITY SERVICES, INC.
:3501 F.M. 2181 * Suite 245 $ Corinth, Texas 76205
(940)270-8700 * Fax (940)270-8701
01~SITE BREAIQ)OWN
Page: I of 1
Project: QUAIL CI~EEK APAR~S DaIe: l 0/23/03
Ci'i¥ OF DENTON, TEXAS By: Cod~ Stovall
,fob #:
SANITARY
il ¢'DIAI~t~<IiMAHI-IOLE 9 EA $ 1,775.~ $15,~5.00 '
~ 15' 8DR-35 PVC 8E~ P~ ~853 ~ $ 27.00 $~3;031.~ ·
~ 12" BDR-35 PVC SE~R ~lPg 527 ILF $ 26.~ $13,702.00:
4. 10" SD~-35 PVC S~R Fie~ 1~ ~ $ 21.00 $2~,~0.~
5. 8" SDR-35 ~C ~ y~ 905 ~ $ 17.25 $15,611.25
6. CO--CT TO ~i-~O 1 ~ $ 1~175.00 $1,175.00
7. SEW~ ~S~O 3285 ~ $ 0.85 $2,792.1~
s. ~CH S~'a'rV ~2Sf ~ $ 0.~0 sgss.S0
2. 12" OA~VE 4 EA ~ 1,425.00 $5,700.~
3. 12" D~ PVC WA~ Ply~ 1~5 LF $ ~.~0 ~ ~7~162.50
4. ~ST~L 12" ~C ~OUGH S~ 250 LF $ 1~ S3t000.~
5~ 8" ~ ~ LF S 175.~ $7~000.00
~: CO~CT~-i~G 1 ~ $ 1,100.00 $1~100.~
8. ~CH SA~'r~ 1~ ~ $ 0.15 $288.75
SU3YOT~ ~. ~ ~4,2 ~ .00
S~TOT~ WAT~
G~ TOTAL
NOTE:. PT_.~ASE CALL IF YOU HAVE ANY QUESTIONS.
DL~: 940-270-5703
Cell: 214-636-3468
F. mai: c~ova~nouti~.eom
EXHIBIT III
WATER SEWER
Developers Cost $
15% for Engineering $
Total $
65,832.50
9,874.88
75,707.38