2004-252O INANCE NO. 2004- 5-A
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A SEWER MAIN PRO-RATA REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND QUAIL CREEK NORTH,
LTD. FOR REIMBURSEMENT OF THE COSTS OF BUTLDING A SEWER 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 exlraterritorial
jurisdiction; and said Developer is required to provide such real property with adequate sewer
service by designing, constructing, and installing a sewer main; and
WHEREAS, the City of Denton, Texas may lawfully reimburse the Developer for the
costs of the sewer main installation by the Developer based upon pro-rata charges paid to the
City by persons connecting to the sewer 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 Sewer 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 3,285 linear feet of 8-inch, 10-inch, 12-inch, and 15-inch diameter off-site sewer
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 ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
S:\Our Documents\Ordinances\04\Sewer Main pro-Rata Reimb Oral-Quail Creek Apartments-2004.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN 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
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 sewer
service by designing, constructing and installing a sewer 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 sewer main installed by the Developer
based upon pro-rata charges paid to the City by persons subsequently connecting to the
sewer main;
NOW, THEREFORE, in consideration of their mutual promises, Developer and
City agree as follows:
Developer has designed, installed and constructed, 8-inch, 10-inch, 12-inch, and
15-inch diameter off-site sewer mains and all necessary appurtenances thereto,
extending a total distance of approximately 3,285 feet ("Facilities"), located as
shown on Exhibit I1, attached hereto and incorporated herein by reference. This
off-site sewer 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 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 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 City against any adverse claim made against such title.
3. The estimated cost of the design, construction, and installation of the Facilities
subject to pm-rata reimbursement is:
$108,412.80 (Developer's cost) or $33.00 per linear foot
for 3,285 feet of off-site Facilities
See attached Exhibit III for cost breakdown.
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 any necessary information, documents, invoices, receipts or other records
to verify the actual cost of the Facilities to the City. 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.
After title to the Facilities 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 pro-rata charges, the City shall transfer the applicable amount collected
to Developer.
The City shall transfer to Developer pro-rata charges as are 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 the Developer any amount
of funds in excess of the certified cost of the Facilities, as determined by the City
in paragraph 4 above.
The parties hereto recognize that the Facilities subject to this Agreement are
necessary to provide sewer service to the Developer's property.
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.
Should any court of competent jurisdiction determine that all or part of the City's
ordinance on 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 will
have no further obligations hereunder.
2
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 prior written
consent of the City.
14. Any and all suits for any broach 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 ~2L/~' dayof ~~k~, 2004.
"CITY"
CITY OF DENTON, TEXAS
Michael A. C'onduff, ~'~if~Vlanager
ATTESTED BY:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
"DEVELOPER"
QUAIL CREEK NORTH, LTD.
ATTESTED BY:
By: ~
APPROVED AS TO LEGAL FORM:
S:\Our Documents\Contracts\04\Sewer Main Pro-Rata Agrmt-Quail Creek Apts-2004.doe
4
Exhibit I
Qual Creek Vicinity Map
SITE
/ -~--~ /~..
DISCLAIMER
~is data hes been compiled for the City of Denton. Various official and unofficieJ sources were
used to gather this informafi on. Every effor~ was made to ensure the accuracy of this data,
however, no guarantee Is given or Implied as to the eccuracy of said data
[8/24/2883
ll:lg 94027BB701 L.[jo~qO UTILITV P~
LLANO UTILITY SERVICES, INC.
3501 F.M. 21881 * Suite 245 * Corinth, Texas 76205
(940)270-8700 * Fax (940)270-8701
82/82
OFI~ITIg BRISAKDOWN
Pete: 1 of 1
Project: (~UAIL CREEK APARTMENTS ' Date: 10/23/03 ....
CITY OF DENTON, TEXAS By: Cocb~ Stovall
'/ Sob #:
SANITARY SEWER .
4' DIAMETER MANHOLE 9 EA $ 1,775.00 l$15,975.00
15" SDR-35 PVC SEWER PIPE 853 LF $ 27.00 $23,031.00 ·
12" SDR-35 PVC SEWER PIPE 527 LF $ 26.00 $13,702.00:
4. 10" SDR-35 PVC SEWER PIPE 1000 LF $ 21.00 $21,000.00
5. B" SDR-35 PVC SEWER PIPE 305 LF $ 17.25 $! 5,611.25
6. CONNECT TO EXISTING I EA $ I~175.00 $1,175.00
7. SEWER '~ESTINO 32B5 ILF $ 0.85 $2,792.25
8. TRElqCH SAFETY 3285 LF $ 0.30 $9S5.50
SUBTOTAL SANITARY .~KWER $94,272.00
WATER
1. CAST IRON FrI'riNos 0.5 EN $ 2~200.00 $1,100.00
2. 12" OATE~/'ALVE 4 EA $ 1,425.00 $5~700.00
3. 12" DI~ PVC WATERPIPE 1925 LF $ 24.50 M7~162.50
4. INSTALL 12" PVC THKOU,.G.H SLEEVE 250 LF $ 12.00 $3,000.00
5. Il, BORE 40 LF $ ' 175,00 $7r000.00
61 CONNECT TO EXISTING .. 1 EA $ 1,100.00 $1rl00.00
'~ WATER TESTINO 1925 LF $ 0.25 $481.25
$. TRENCH SAI~ETY 1925 LP $ 0.15 ;285.75
StrffrOTAt~'WAT~a
,_ SUBTOTAL SANITARY. SEWER $94,272.00
SUBTOTAL WATER ;65,$32.50
GILAND TOTAL $160,104.30 .
NOTE:. PLEASE CALL IF YOU HAVE ANY QUESTIONS.
Project Manager/Estimator
Direct: 940-270-5703
Cell: 214-636-3468
Email: cstovsll~llanoutility.com
EXHIBIT 3
Sanitary Se~er
Developers Cost
15% for engineering
$ 94,272.00
$ 14,140.80
Total $ 108,412.80