2003-311
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2003-311
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Completion and Satisfaction of Swisher Road Waterline Extension
Project Agreement - original attached 06/06/05 JR
ORDINANCE NO. 2003- ,~//
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SWISHER ROAD WATERLINE EXTENSION PROJECT
AGREEMENT BETWEEN SWISHER ROAD WATER SUPPLY CORPORATION, THE CITY
OF DENTON, TEXAS, NORTEX REGIONAL PLANNING COMMISSION AND DENTON
COUNTY, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, Swisher Road Water Supply Corporation
("SRWSC"), Nortex Regional Planning Commission ("NORTEX") and Denton County, Texas
(the "County") are entering into a "Swisher Road Waterline Extension Project Agreement
Between Swisher Road Water Supply Corporation, the City of Denton, Texas, Nortex Regional
Planning Commission and Denton County, Texas" which provides for implementation of a
project that provides for the acquisition, construction, improvement, operation and maintenance
of the improvements for the purpose of providing a safe and adequate water supply; and
WHEREAS, Denton County, Texas has a contract with NORTEX for the management of
the installation of the subject water supply system, for the benefit of SRWSC, and desires to
implement a Texas Community Development Block Grant under the general direction of the
Small Town Environmental Program ("STEP") with the Texas Community Development
Program; and
WHEREAS, the parties to the above Agreement intend to implement a project that
provides for the acquisition, construction, improvement, operation and maintenance of
improvements, for the purpose of providing the residents with a safe and adequate water supply;
and
WHEREAS, SRWSC, a private non-profit corporation, has elected to have the City of
Denton construct and install the improvements for good and valuable considerations; NOW
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
,qF.C. TIONI 1 The City Manager is hereby authorized to execute on behalf of the City
Council of the City of Denton, Texas, the "Swisher Road Waterline Extension Project
Agreement Between Swisher Road Water Supply Corporation, the City of Denton, Texas, Nortex
Regional Planning Commission and Denton County, Texas;" a copy of said Agreement is
attached hereto and incorporated by reference herein.
~. The expenditure of funds as set forth in the Agreement is hereby
authorized.
RF. CTION q.
approval.
PASSED AND APPROVED this the /~ day of
This ordinance shall become effective immediately upon its passage and
EULINE BROCK, MAYOR
,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
S:\Our Documents\Ordinances\03XSwisher Road Water Line Agreement ord - 2003.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SWISHER ROAD WATERLINE EXTENSION PROJECT AGREEMENT
BETWEEN SWISHER ROAD WATER SUPPLY CORPORATION, THE CITY
OF DENTON, AND DENTON COUNTY
WHEREAS, the City of Denton, a Municipal Corporation with is offices located
at 215 East McKinney, Denton, Texas 76201, hereafter referred to as "Denton", desires
to participate in the construction and installation of a waterline extension to its existing
water distribution system known as the "Swisher Road Waterline Extension Project",
hereafter referred to as "Improvement," that will extend generally along Swisher Road
between Pockrus Page Road and Edwards Road, in Denton County, Texas; and
WHEREAS, the Swisher Road Water Supply Corporation, a public non-profit
Corporation, hereafter referred to as "SRWSC", elects to have Denton construct and
install the improvement; and
WHEREAS, Denton County, a political subdivision of the State of Texas,
hereafter referred to as the "County," for the benefit of the SRWSC desires to implement
a Texas Community Development Block Grant under the general direction of the Small
Town Environmental Program ("STEP") with the Texas Community Development
Program; and
WHEREAS, the parties hereto intend to implement a project that provides for the
acquisition, construction, improvement, operation and maintenance of the Improvement
for the purpose of providing a safe and adequate water supply; and
WHEREAS, Denton County has a contract with the Nortex Regional Planning
Commission, hereinafter referred to as Nortex R.P.C. or as the "Firm", a political
subdivision of the State of Texas organized under Local Government Code, Subtitle C,
Chapter 391, Regional Planning Commissions, Vernon's Texas Codes Annotated, acting
by and tbrough its duly authorized Executive Director, for the management of the
installation of the subject water supply system, and also as the administrator of the Texas
Community Development Block Grant, Small Town Environmental Program grant,
hereafter referred to as "STEP Grant," which is the funding source for this project.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein SRWSC, Denton, Nortex R.P.C. and the County do hereby AGREE as
follows:
Covenants of the SRWSC. SRWSC agrees as follows:
Prior to beginning construction of the improvemem, the SRWSC shall
obtain, at the expense of SRWSC, all necessary permits and easements.
Th~ SRWSC shall also supply Denton with the project plans, designed by
Isbell Engineering Group, Inc., and the "as builts," if necessary. SWRSC
shall also supply volunteer labor sufficient to assist in the construction
activities, in compliance with the terms of the STEP Grant. Denton shall
not be liable for any delays in beginning, continuing, or completing
construction due to SWRSC's failure to obtain the necessary volunteer
labor, permits, and easements.
SRWSC shall provide Denton with approximately 3800 linear feet of 6-
inch water pipe, which must meet Denton's specifications and standards
for water pipe. I£Denton deems a portion or all of the water pipe unusable,
the SRWSC must replace, at the expense of SRWSC, the water pipe
material deemed unusable by Demon.
No cross-connections between the improvement, or its service lines, and
the existing Powell Fro'ms well system shall be permitted. Denton shall
terminate service to the Improvement, if any cross-connection between the
Improvement and the existing Powell Farms well system is made.
Prior to connecting to the improvement and receiving water from Denton,
each SRWSC residence requesting service must have a customer service
inspection of its plumbing system conducted by a Denton official.
Each property represented by SRWSC requesting water service from
Denton shall pay, or shall timely finance impact fees prior to connecting to
the Improvement. Impact fees shall be assessed for each connection to the
Improvement and will be charged at a rate of $2,044 per service unit for
all initial connections.
SRWSC shall be obligated to notify all residences of road closures
necessary to construct the improvement.
Covenants of Denton. Denton agrees to the following:
Demon shall install and construct the Improvemem which includes, but
not limited to, approximately 3800 linear feet of water pipe (more or less),
along with all the necessary appurtenances (service taps and hydrants)
thereto, as generally shown on Exhibit I, attached hereto and incorporated
herein by reference.
Denton shall supply sufficient labor, equipment, and materials necessary
for the construction of the project; with the exception of 3800 linear feet
of 6-inch water pipe, which shall be furnished by SRWSC.
Demon shall assess impact fees, in connection with City of Demon
Ordinance No. 98-301, to each new connection to the Improvement. In
accordance with Ordinance No. 98-301, owner occupied single-family
homesteads may choose to pay impact fees in monthly installments,
provided that the owner execute a valid promissory note, deed of trust,
homestead affidavit, and/or other documents to be prepared by the City of
Denton, City Attorney, sufficient to establish an enforceable lien on the
affected real property.
Mutual Covenants of SRWSC and Denton. SRWSC and Denton mutually
agree as follows:
The construction of the improvement will be built in two Phases thereto,
as generally shown on Exhibit II, attached hereto and incorporated herein
by reference. SWRSC shall pay $73,600.58 for Phase 1 of the project and
$59,424.95 for Phase 2. Both payments shall be paid by Demon Cotmty
as set forth below in paragraph 4.a. through the funding provided by the
"STEP Grant."
Denton may choose to increase the size of the waterline to an 8-inch or 12-
inch water pipe. In the event that Denton elects to oversiie the waterline,
Demon will be responsible for supplying the pipe and absorbing the
additional cost of increasing the size of the 6-inch water pipe to an 8-inch
or 12-inch water pipe.
Denton shall, upon completion of the project, which completion date shall
be at least seventyNfive (75) days after final approval of this agreemem by
the last party signatory hereof, operate and maintain the Improvement and
provide water service to customers who have completed the plumbing
inspection and who have paid or lawfully financed impact fees. The
completion date set forth in this paragraph further considers that there will
be no delays caused by SRWSC in securing or acquiring necessary
easements or construction permits.
As it now exists, the STEP Grant is extended until November 9, 2003. All
parties hereto agree to fully cooperate in securing a timely extension of
that date so that the grant may be extended.
Upon completion of the construction and the finalization and close-out of
the Improvement according to the conditions of the STEP Grant, the
Improvement and all easements shall become the property of the City of
Denton free and clear of all liens, claims, charges or encumbrances of any
kind.
Covenants of Denton County. Denton County agrees to the following:
The County, upon completion of the phase, or project, in accordance with,
and under the general direction of the Small Town Environmental
Program with the Texas Community Development Program, shall provide
payment to Denton for the construction of the improvement, through the
release of funds awarded to SRWSC by the STEP grant.
Covenants of Nortex R.P.c. Nortex R.P.C. agrees to the following:
Nortex R.P.C. agrees to continue to perform all its obligations as grant
administrator under the Interlocal Cooperation Agreement between Nortex
R.P.C. and the County dated July 24, 2001 ("ICA"). Pursuant to this
agreement, Nortex R.P.C. shall no longer serve as the construction
manager for the project.
Mutual Covenants
This Agreement is not intended to extend the liability of the parties
beyond that provided by law. Neither the County, SRWSC, Nortex R.P.C.
nor Denton waives, nor shall be deemed hereby to waive, any immunity or
defense that would otherwise be available to it against claims arising by
third parties.
This Agreement represents the entire agreement between the County,
SRWSC and Denton and supersedes all prior negotiations, representations
and/or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by the governing bodies of
County, SRWSC and Denton or those authorized to sign on behalf of
those governing bodies.
The validity of this Agreement and of any of its terms or provisions, as
well as the rights and duties of the parties hereto, shall be governed by the
laws of the State of Texas, Further, this Agreement shall be performable in
Denton County, Texas.
In the event that any portion of this Agreement shall be found to be
contrary to taw, it is the intent of the parties hereto that the remaining
portions shall remain valid and in full force and effect to the extent
possible.
The undersigned officer and/or agents of the parties hereto are the
properly authorized officials and have the necessary authority to execute
this Agreement on behalf of the parties hereto, and each party hereby
certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
IN WITNESS WI-IEgEOF, the above stated parties have executed this
Agreement on this the /~ day of~.~, , 2003.
"Denton"
CITY OF DENTON, TEXAS
Michael A. Cb~duff, City Mar~)
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
"SRWSC"
SWISHER ROAD WATER SUPPLY CORPORATION
By: ~ ]J~t? ~(~_~
Kevin McCormack
President, SRWSC
"County"
DENTON COUNTY, TEXAS
' Mar~Horn~0(ounty Tfidge q~ ,a~ -O 3
"Nortex R.P.C."
NORTEX REGIONA~L PL~ ING COMMISION
Dennis Wilde, Executive Director
, .
THE STATE OF TEXAS
§
§
§
COUNTY OF DENTON
COMPLETION AND SATISFACTION OF
SWISHER ROAD WATERLINE EXTENSION PROJECT AGREEMENT
BETWEEN SWISHER ROAD WATER SUPPLY CORPORATION, THE CITY
OF DENTON, TEXAS AND DENTON COUNTY, TEXAS
WHEREAS, the City of Denton, Texas, a Municipal Corporation with is offices
located at 215 East McKinney Street, Denton, Texas 76201, hereafter referred to as
"Denton," entered into the "Swisher Road Waterline Extension Project Agreement
Between Swisher Road Water Supply Corporation, the City of Denton, Texas and Denton
County, Texas" (hereafter described as the "Agreement") on the 16th day of September,
2003; the City, along with the Swisher Road Water Supply Company (hereafter described
as "SRWSC"), a private non-profit corporation, desired to participate in the construction
and installation of a water line extension to the City's existing water distribution system
known as the "Swisher Road Waterline Extension Project," hereafter referred to as the
"Improvements," that extended generally along Swisher Road between Pockrus Page
Road and Edwards Road, in Denton County, Texas; and
WHEREAS, the SRWSC, elected to have the City construct and install the
Improvements; and
WHEREAS, Denton County, a political subdivision of the State of Texas,
hereafter referred to as the "County," for the benefit of the SRWSC implemented a Texas
Community Development Block Grant ("CDBG") under the general direction of the
Small Town Environmental Program ("STEP") with the Texas Community Development
Program; and
WHEREAS, the County has a contract with the Nortex Regional Planning
Commission, hereinafter referred to as Nortex R. P. C. or as the "Firm," a political
subdivision of the State of Texas organized under Local Government Code, Subtitle C,
Chapter 391, Regional Planning Commissions, Vernon's Texas Codes Annotated, acting
by and through its duly authorized Executive Director, for the management of the
installation of the subject water supply system, and also as the administrator of the Texas
Community Development Block Grant, Small Town Environmental Program Grant,
hereafter referred to as "STEP Grant," which grant has been the funding source for the
Swisher Road Waterline Extension Project (hereafter the "Project"); and.
WHEREAS, Denton, the County, Nortex R.P.c. and SRWSC, the parties hereto,
intended to implement a Project that provided for the acquisition, construction,
improvement, operation and maintenance of the Improvements for the purpose of
providing a safe and adequate water supply for SRWSC; and
WHEREAS, all of the parties hercto are of the opinion that that construction and
installation of the Project are now complete and that the owners of the affected real
property, generally along Swisher Road, in Denton County, Texas have been provided a
safe and adequate water supply; that Denton has obtained all required easements ancillary
to its installing the Improvements; the Project has been reviewed and accepted by the
Office of Rural Community Affairs, State of Texas; all conditions of the grant have been
duly satisfied; and Denton, having been fully paid for its work on the Project through the
above grant by the County; all parties are of the opinion that there is nothing remaining to
be performed under the Agreement and that the Agreement should be in all things
regarded as Completed and Satisfied.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein Denton, the County, SRWSC and Nortex R.P.c. do hereby AGREE as
follows:
I. That the factual matters and recitations stated in the above paragraphs to this
Agreement are true and correct to the best of all parties' knowledge
2. That the Swisher Road Water Line Project as well as the Improvements
described hereinabove, are completed to the satisfaction of all parties hereto.
3. That all sums of money owing on this Project have been paid to Denton.
4. That all Improvements constructed by the City on behalf of SRWSC,
respecting the water line extension constructed by the City, the water pipes
and all appurtenances thereto, including, but not limited to service taps and
hydrants, are hereby dedicated by SRWSC to the City.
5. That the Agreement executed on September 16,2003 is completed and ready
to close. The Agreement is accordingly declared Released
6. This Agreement is not intended to extend the liability of any of the parties
hereto, beyond that, if any, provided by law.
7. Neither Denton, the County, SRWSC, nor Nortex R.P.c. shall be deemed
hereby to waive, any immunity or defense that would otherwise be available
to it against claims arising by any third parties.
8. The validity of this Agreement and of any of its terms or provisions, as well as
the rights and duties of the parties hereto, shall be governed by the laws of the
State of Texas. Further, this Agreement shall be performable in Denton
County, Texas.
9. In the event that any portion of this Agreement shall be found to be contrary
to law, it is the intent of the parties hereto that the remaining portions shall
remain valid and in full force and effect to the extent possible.
2
10. The undersigned officials and officers of the parties hereto state that they are
properly authorized to execute this Agreement on behalf of the parties hereto,
and that each party hereby certifies to the others that they are authorized to do
so.
IN WITNESS WH~EOF, the above named parties have duly executed this
Agreement on this the ~JfC day of ð (Ai Q ,2005.
"Denton"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
.4
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
.;
)
APPR0VED S TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
By 1tQQA ~
"County"
DENTON COUNTY, TEXAS
By:
APPROVED AS TO LEGAL FORM:
THOMAS KEEVER. ~ORNEY
ev~' ~
3
"NORTEX R.P.c."
NORTEX REGIONAL PLANNING
COMMISSION
(~ R~;ð,rl JJ ~CJ> )I'LU
4
"SRWSC"
SWISHER ROAD WATER SUPPL Y CORP~RA TION
By: ?(~ /1lA( ~~ ~.;¡.Ðb
Kevin McCormack
Presi t, SRWSC
to 1;;'0 ~."'.
By:
S,IOUR DOCUMENTSIContrae¡,IO5ICompletion-SRWSC Agceement-Watcr Supply-Swishe, Rd 2005 D2.doc
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