2001-185ORDINANCE NO W l - I0r
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON CJW PARTNERS FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF
SEWER MAIN 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 oversizmg a sewer main to be
designed, installed, and constructed by Denton CJW Partners, in an amount not to exceed Forty
Six Thousand Three Hundred and Ten and No/100 Dollars ($46,310 00), in accordance with the
provisions of §34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas 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 and Denton CJW Partners, for the
oversizmg of approximately 4,112 linear feet of off-site twelve and fifteen inch (12" and 15")
sewer main to eighteen to twenty four inch (18" and 24") sewer 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 Denton CJW Partners, entering into a Development Contract with the
City of Denton, in accordance with 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 y
PASSED AND APPROVED this the day of 12001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ka4- -
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THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND DENTON CJW PARTNERS
WHEREAS, Denton CJW Partners hereafter referred to as "Developer", whose
business address is 722 North Fielder, Arlington, Texas 76012 wishes to develop and
improve certain real property named "The Vintage" (as shown in Exhibit 1, 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 sewer
service by designing, constructing, extending, and installing a gravity sanitary sewer line of
an inside diameter of twelve to fifteen inches (12" to 15"), hereafter 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 sewer main to provide for an "oversized" sewer main to expand its utility
system and to 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 4 112 linear feet of
eighteen and twenty-four (18" and 24") inch gravity sanitary sewer roams and all necessary
appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit
1, 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 11 and
incorporated herein 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 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 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 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 Forty Six Thousand
Three Hundred Ten and No/100 Dollars ($46,310 00) 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 oversizmg 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) $46,310 00, 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, 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
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 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 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
I I 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 counter a}t~ by the duly authorized officials and officers of
the City and the Developer, on this the day of n1JJ,,b- 2001
U
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By ik :40-;
HOWARD MARTIN
INTERIM CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
3
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
"DEVELOPER"
Denton CJ W Partners
By 104p +RIA 4 et-
, WA
ATTEST
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