2001-231 ORDINANCENO ~[~/-- ~'~.~ /
AN ORDiNANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
WYNNE/JACKSON LAKES DEVELOPMENT, L P FOR THE CITY'S PARTICIPATION IN
THE OVBRSIZING OF SEWER MAINS AND MANHOLES 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 overmmng scwor mains and
manholes 'to be designed, installed, and constructed by Wynne/Jackson Lakes Development, L
P, in an amount not to exceed Eighty Eight Thousand Nine Hundred and Forty and 75/100
Dollars ($88,940 75), 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 Agreoment Between the City of Denton and Wynne/Jackson Lakes Development,
L P, for the oversmng of approximately 2,885 linear feet of ten inch (10') to eighteen inch
(18") sewer mmns, approximately 2,817 linear feet of twelve inch (12") to eighteen inch (18")
sewer mains, and approximately twenty-two (22) four foot (4') sewer manholes to five foot (5')
sewer manholes, substantially in the form of the attached Agreement, which is incorporated
herewith and made a part of th~s orchnance for all purposes, subject to Wynne/Jackson Lakes
Development, L P, entering into a Development Contract with the City of Denton, in
accordance with Chapter 34 of the Code of Or&nances 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 tbas ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED tbas the /q~--~ dayo£ (~,j~ ,2001
EUL1NE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordlnances\Ol\Sewer Mare Cost Parc Ord Wynne Jackson Lakes doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS
AND WYNNE/JACKSON LAKES DEVELOPMENT, L P.
WHEREAS, Wynne/Jackson Lakes Development, L P, hereafter referred to as
"Developer", whose busmess address is 600 N. Pearl Street, State 650, L B 149, Dallas,
Texa~ 75201 wishes to develop and improve certain real property named "Country Lakes
North, Phase 1" (as shown m Exhibit 1, attached hereto and incorporated herein by reference),
located m the City of Denton, Texas or tts extratemtonal jurisdiction, and ~s required to
prowde such real property with adequate sewer service by designing, constructing, extending,
and mstalhng gravity sanitary sewer lines of an inside diameter varying from ten (10") inches
to twelve inches (12"), and a number of four (4') foot sewer manholes, hereafter referred to
as the "Required Faclhttes", and
WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices
located at 215 East McK~nney, Denton, Texas 76201, hereafter referred to as the "City, tn
accordance with tts ordinances, wishes to participate m the cost of the construction and
installation of said sewer main to prowde for an "oversized" sewer mare to expand its utility
system and to insure adequate utd~ty service to other customers,
NOW, THEREFORE, in cons~deration of the mutual promises and covenants
contained hereto the Developer and the C~ty AGREE as follows
1 Developer shall design, install, and construct approximately 2,885 linear feet of
from ten (10") meh to etghteen (18") inch gravity sanitary sewer mares, approximately 2,817
linear feet of from twelve (12") inch to eighteen (l 8") inch gravity sanitary sewer mains, and
twenty two (22), four (4') foot to five (5') foot sewer manholes, all being necessary
appurtenances thereto, hereafter referred to as the "Overstzed Facdit~es" as shown on Exhibit
I, attached hereto and ~ncorporated hereto by reference
2 As reqmred by Chapter 34 of the Code of Ordinances of Cay of Denton, Texas,
Developer will enter into a Development Contract prior to begmmng of construction of the
Oversized Faetl[t~es This Development Contract is attached hereto as Exhibit Il and
incorporated herein by reference This Agreement is subject to and governed by smd
Development Contract and any other applicable ordinances of the City of Denton, Texas
3 Prior to beginning of construction of the Oversized Facd~ties, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, hcenses 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 begmmng of construction If
Developer is unable to acquire needed easements, Developer shall prowde 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 Facll~ties obtained by the Developer shall be assigned to C~ty, 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 Ctty against any adverse claim made against such t~tle
4 Cay's share m the cost of the Oversized Fac~ht~es Based upon the difference m
the cost of mstalhng Required Fatalities, as determined by City, and the cost of the Oversized
Facd~t~es, as determined by C~ty, shall be in an amount not to exceed Eighty E~ght Thousand
Nme Hundred Forty and 75/100 Dollars ($88,940 75), the maximum participation cost
allowed herein
The C~ty shall not, m any case, be liable for any additional cost because of delays m
begmmng, continuing, or completing construction, changes tn the price or cost of materials,
supplies, or labor, unforeseen or unanticipated cost because of topography, stol, subsurface,
or other site conditions, d~fferenees m the calculated and actual per hnear feet of pipe or
materials needed for the Oversized Facilities, Developer s decision as to the contractors or
subcontractors used to perform the work, or any other reason or cause, specified or
unspeeffied, relating to the construction of the Oversized Facd~ties
5 The City wd[ make monthly payments for its share of the Oversized Famhtles
The Developer shall submit monthly pay requests on forms provided by the C~ty The
Developer's engineer shall verify that each pay request ~s correct Each pay request, along
with the engineer's verification, shall be submitted to the Engineering & Transportation
Department of the Ctty The C~ty 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, C~ty shall have the right
to inspect any and all records of Developer, his agents, employees, contractors or
subcontractors, and shall have the right to reqmre Developer to submit any necessary
mformat~on, documents, mvomes, receipts or other records to verify the actual cost of the
Oversized Facihtles
7 All notices, payments or communications to be g~ven or made pursuant to th~s
Agreement by the parties hereto, shall be sent to Developer at the business address given
above and to the Assistant City Manager for Uttl~t~es for City at the address g~ven above
8 Developer shall mdemmfy 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, ~ts officers, agents,
employees, mvitees, contractors or other persons with regard to the performance of this
Agreement, and Developer shall, at its own cost and expense, defend and protect C~ty against
any and all such claims and demands
9 If Developer does not begin substantml construction of the Overstzed Fac~ht~es
within twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall terminate
10 This instrument embodtes the entire agreement of the part~es hereto and there
am no promises, terms, condttions or obligations other than those contained or ~ncorporated
herein This Agreement shall supersede all prewous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
2
matter of thins Agreement
l 1 This Agreement shall not be assmgned by Developer w~thout the express written
consent of the Oty
12 Any and all sumts for any breach of thins Agreement, or any other sumt pertaining
to or arising out of thins Agreement, shall be brought m a court of competent jurtsdmctmon m
Denton County, Texas Thts Agreement shall be governed by and construed m accordance
wroth the laws of the State of Texas
EXECUTED m duphcate original counterpart~ by the duly a~onz~d officmls and officers of
the City and the Developer, on th~s the /'TP_.?~ day of(~ ,2001
CITY OF DENTON, TEXAS
A Texas Mumcmpal Corporation
~ Mmchael C~nd~fi~ C~r~t~r
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
WY. NNE/J~IEI~$O~q LA .KES D.EVELOPMENT, L P
a mexas nmteapar~nersmp
By' W/d Lakes Development, Inc.,
By ~ c~e?~a~on~e¢l Partner
ATTEST
S \Our Documents\Cont racts\01\Scwer Mare Cost part~c~p Agrmt Wynne Jackson Lakes A doc
4
COUNTRY LAKES NORTH PHASE
PROPOSED SEWER OVI=RSIZE
WATER UTILITY EXHII=~IT I