2001-230 ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
WYNNE/JACKSON LAKES DEVELOPMENT, L P FOR THE CITY'S PARTICIPATION IN
THE OVERSIZING OF WATER MAINS AND 1N ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty desires to participate xn the cost of overs~z~ng water mares to be
designed, installed, and constructed by Wynne/Jackson Lakes Development, L P m an amount
not to exceed Two Hundred Tlurty Two Thousand Seven Hundred Seventy One and 65/100
Dollars ($232,771 65), m accordance wqth §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 C~ty Manager ~s authorized to execute a Water Mmn Cost
Participation Agreement Between the City of Denton and Wynne/Jackson Lakes Development,
L P, for the construction and cost partm~pat~on of approximately 6,608 linear feet of twenty
~nch (20") water transmission hne, and 6,045 lmear feet of reqmred parallel slx ~nch (6") water
&stnbut~on lme, substantmlly m the form of the attached Agreement, which ~s ~ncorporated
herewith and made a part of th~s orchnance for all purposes, subject to Wynne/Jackson Lakes
Development, L P, entenng ~nto a Development Contract with the City of Denton, m
accordance w~th Chapter 34 of the Code of Ordinances of the C~ty of Denton, Texas
SECTION 2 That the C~ty Manager ~s hereby authorized to make the expen&tures as
set forth m the attached Agreement
SECTION 3 That thru orthnance shall become effective ~mmedlately upon ~ts passage
and approval
PASSED ANDAPPROVEDthlsthe /"/¢ dayof ~'~/~ ,2001
EULINE BROCK, MAYOR
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS
AND WYNNE/JACKSON LAKES DEVELOPMENT, L P
WHEREAS, Wynne/Jackson Lakes Development, L ?, hereinafter referred to as
"Developer", whose business address ts 600 N. Pearl Street, Suite 650, L.B 149, Dallas,
Texa~ 75201, wtshes to develop and improve certam real property named the "Country Lakes
North Subd~mston, Phase l" (as shown tn Exhtb~t l, attached hereto and incorporated hereto
by reference), located tn the C~ty of Denton, Texas or ~ts extratemtonal .lunsdtct~on, and ts
reqmred to provide such real property wtth adequate collection capacity by destgmng,
constructing and mstalhng a water hne of an ms,de dtameter of twelve roches (12"),
hereinafter referred to as the "Reqmred Facdtttes", and
WHEREAS, the City of Denton, Texas, a Mumc~pal Corporatton with tts offices
located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "Ctty, tn
accordance wtth tts ordmances, wtshes to part~ctpate tn the cost of the constructton and
installation of said water mare to provtde for an "overstzed" water mare to expand tts utdtty
system and insure adequate utility serwce to other customers,
NOW, THEREFORE, tn constderatlon of the mutual promises and covenants
contained herein the Developer and the Ctty AGREE as follows
I Developer shall design, install, and construct, apprommately 6,608 hnear feet of
twenty tach (20") water transmtsslon hne, and apprommately 6,045 hnear feet ofstx tach (6")
water dtstnbutton line, and all necessary appurtenances thereto, hereafter referred to as the
"Overstzed Famhttes" as shown on Exhtbtt I, attached hereto and incorporated hereto by
reference
2 As reqmred by Chapter 34 of the Code of Ordinances of C~ty of Denton, Texas,
Developer wdl enter into a Development Contract prior to beginning of construction of the
Overstzed Facdmes Thts Development Contract ~s attached hereto as Exhtb~t Il and
mcorporated hereto by reference Thts Agreement ~s subject to and governed by sa~d
Development Contract and any other apphcable ordtnances of the Ctty of Denton, Texas
3 Prior to beginning of construction of the Overstzed Famhttes, 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 rewewed and
approved as to form and substance by C~ty prior to the begmmng of constructton If
Developer ts unable to acqmre needed easements, Developer shall prowde Ctty wah any
requested documentation of efforts to obtain such easements, including ewdence of
negotiations and reasonable offers made to the affected property owners Any easements for
the Oversized Famhttes obtained by the Developer shall be assigned to C~ty, ~f not taken m
Ctty's name, prior to acceptance of the Overstzed Facdates, and Developer warrants clear t~tle
to such easements and wtll defend Ctty against any adverse clmm made against such ntle
4 Ctty's share tn the cost of the Overstzed Fatalities ts based upon the d~fference m
the cost of tnstalhng Reqmred Facdmes, as determined by Ctty, and the cost of the Oversized
Facdltles, as determined by City, shall be m an amount not to exceed Two Hundred Thirty
Two Thousand Seven Hundred Seventy One and 65/100 Dollars ($232,771 65), the
maximum participation cost allowed herein
The C~ty shall not, m any case, be liable for any additional cost because of delays in
beginning, continuing, or completing construction, changes ~n the price or cost of matermls,
supplies, or labor, unforeseen or unanticipated cost because of topography, stol, subsurface,
or other site conditmns, d~fferences in the calculated and actual per linear feet of p~pe or
matermls needed for the Oversized Famhtles, 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 Facdit~es
5 The C~ty will make monthly payments for its share of the Oversized Fac~ht~es
The Developer shall submit monthly pay requests on forms provided by the City 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 C~ty 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 w~thm 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, h~s agents, employees, contractors or
subcontractors, and shall have the right to reqmre Developer to submit any necessary
reformation, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facdlttes
7 All notmes, payments or communications to be given 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 Utlht~es for C~ty at the address given 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 City against
any and all such claims and demands
9 If Developer does not begin substantml construction of the Oversized Facdltles
w~thm twelve (12) months of the effective date of execution of th~s Agreement, this
Agreement shall terminate
10 This instrument embodies the entire agreement of the part,es hereto and there
are no promises, terms, conditions or obligations other than those contmned or incorporated
herein This Agreement shall supersede all prewous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement
I 1 This Agreement shall not be assigned by Developer w~thout the express written
consent of the City
2
12 Any and all stats for any breach of this Agreement, or any other suit pertaining
to or arising out of this Agreement, shall be brought m a court of competent jurisdiction m
Denton County, Texas This Agreement shall be governed by and construed tn accordance
with the laws of the State of Texas
EXECUTED m duphcate original counterparts ,l~y the duly-author~zeckofficmls and officers
of the City and the Developer, on this the /'~ day of ¢~/-~ ,2001
CITY OF DENTON, TEXAS
A Texas Mumclpal Corporation
~hel~l LTon~u f~,~anager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By .
"DEVELOPER"
WYNNE/JACKSON LAKES DEVELOPMENT, L P
a Texas l~mted partnership
By. W/J Lakes Development
a Texas corporation, General Partner
ATTEST
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3
COUNTRY LAKES NORTH PHASE 1
PROPOSED WATER OVERSIZE
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