2002-329I
ORDINANCE NO. 2002- c3d~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
I-35 RV PARK FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER
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 water mains to be
designed, installed, and constructed by I-35 RV Park in an amount not to exceed Four Thousand
Six Hundred Twenty Two Dollars ($4,622), in accordance with the applicable provisions of the
Denton Development Code, formerly §34-118(b)(2) of the Code of Ordinances of the City of
Denton, Texas, and TEX. LOC. GOV'T. 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 Water Main Cost
Participation Agreement Between the City of Denton, Texas and I-35 RV Park for the oversizing
of approximately 624 linear feet of eight (8') inch on-site water main to a twelve (12") inch
water main; substantially in the form of the attached Agreement, which is incorporated herewith
and made a part of this ordinance for all purposes; subject to I-35 RV Park, entering into a
Development Contract with the City of Denton, in accordance with the Denton Development
Code, formerly Chapter 34 of the Code of Ordinances 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. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the LL
P/L~ day of "kb '2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY lkA (~u
By:
S90ur Documents\Ordinanccs\02\Water Main Cost Particip Agrmt-1-35 RV Park-2002 Ord.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND I-35 RV CENTER
WHEREAS, I-35 RV CENTER, hereinafter referred to as "Developer', whose
business address is 4901 I-35 NORTH, Denton, Texas 76207, wishes to develop and improve
certain real property named the I-35 RV CENTER (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 water line of an inside diameter of twelve inches
(12"), 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 its ordinances, wishes to participate in the cost of the construction and
installation of said water main to provide for an "oversized" water 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 do hereby AGREE as follows:
1. Developer shall design, install, and construct, approximately 624 linear feet of
twelve inch (12") water distribution line, and all necessary appurtenances thereto, hereafter
referred to as the "Oversized Facilities" 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 Development Contract is attached hereto as Exhibit R and
incorporated herewith by reference. 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 forth 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 title
to such easements and will defend City against any adverse claim made against such title.
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 Four Thousand Six
Hundred and Twenty Two Dollars ($4,622), the maximum participation cost allowed herein.
EXHIBIT V
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; Developers 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 ten percent (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.
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 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 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 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 counterp by the duly-au ed officials and officers
of the City and the Developer, on this the day of =&W-1 2002.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
B
ichael Con uff, City 4M=a
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
l
By:
"DEVELOPER"
I-35 RV CENTER
By:
ATTEST:
By:
5:\0ur Documents\Connacts\02\Water Oversize Participation-I-35 RV CENTER 2002.doc