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2001-378ORDINANCE NO ~/- ~ 7¢ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON iINDEPENDENT SCHOOL DISTRICT FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER 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 partm~pate in the cost of overstrung sewer mmns to be desxgned, installed, and constructed by the Denton Independent School D~stnct, m an mount not to exceed Thn'ty One Thousand Two Hundred and E~ghty F~ve and No/100 Dollars ($31,285 00), in accordance wxth the provmons of §34-118(b)(2) of the Code of Ordinances of the Cay of Denton, Texas and Texas Local Government Code §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager ~s authorized to execute a Sewer Mmn Cost Part~c~patmn Agreement Between the C~ty of Denton and the Denton Independent School Dmtnct, for the overs~zmg of approximately 3,048 linear feet of on-s~te ten inch (10") to twelve ~nch (12") sewer reruns, and appmxnnately 2,267 hnear feet of off-site twelve tach (12") to fifteen mclh (15") sewer reruns, substantmlly m the form of the attached Agreement, winch ~s ~ncorpora[ed herewxth and made a part of tins ordinance for all purposes, subject to the Denton Independent School D~stnct, entenng rote a Development Contract w~th the Cay of Denton, ~n accordanc~ wxth Chapter 34 of the Code of Or&nances of the C~ty of Denton, Texas ~ That the City Manager is hereby authorized to make the expen&tures as set forth m the attached Agreement ~ That tins or&nance shall become effective ~mmedmtely upon 1ts passage and approval p,SSED FROV Dtinsthe ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docume0t$\Ordmance$\01 ~Sewer Mare Cost Part~c Ord DISD Aquatt¢ CU' doc THE STATE OF TEXAS § COUNTY OF DENTON § SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN TIlE CITY OF DENTON, TEXAS AND THE DENTON INDEPENDENT SCHOOL DISTRICT WHEREAS, the Denton Independent School District, hereafter referred to as "Developer", whose business address is 909 Linden, Denton, Texas 76201, w~shas to develop and improve certain real property known as the "Denton Independent School District - C H Collins Athletic Complex" (as shown m Exinb~t I, attached hereto and incorporated herein by reference), located m the City of Denton, Texas or its extratemtonal junsdlcUnn, and ~s reqmred to provide such real property with adequate sewer service by designing, constructing, extending, and installing gravity samtary sewer lines of an inside diameter varying from ten (10") roches on-site to twelve roches (12") off-site, hereafter referred to as the "l{eqmred Famht~es", and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "City, m accordance w~th ~ts ordinances, w~shes to participate m the cost of the construction and installation of smd sewer mains to provide for "oversized" sewer mares to expand ~ts utility system and to insure adequate utility service to other customers, NOW, THEREFORE, m consideration of the mutual promises and covenants contained harem the Developer and the City AGREE as follows 1 Developer shall design, install, and construct approximately 3,048 linear feet of from ten (10") tach to twelve (12") tach on-site gravity sanitary sewer mains, and approxnnately 2,267 linear feet of from twelve (12") tach to fifteen (15") inch off-site grawty samtary sewer mains, all being necessary appurtenances thereto, hereafter referred to as the "Oversized Famhties" as shown on Exhibit I, attached hereto and incorporated herein by reference 2 As reqmred by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beg~nmng of construction of the Oversazed Famhties This Development Contract is attached hereto as Exhibit II 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 beglnmng of construction of the Oversized Facilities, Developer shaft 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 beginning of construction If Developer xs 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 Facfimes obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facflines, and Developer warrants clear tide to such easements and will defend City against any adverse claim made against such tide 4 City's share in the cost of the Oversized Facilities Based upon the difference in thc cost of lnstallmg Required Facdltaes, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be m an amount not to exceed Thirty One Thousand Two Hundred Eighty Five and No/100 Dollars ($31,285 00) The City shall not, m any case, be liable for any addational cost because of delays m beglnmng, continuing, or completing constmeUon, 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 m the calculated and actual per linear feet of pipe or materials needed for the Oversized Famhtaes, Developer s decision as to the contractors or subcontractors used to perform the work, or any other reason or cause, specified or unspemfied, relating to the constmctmn 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 Depath~tent 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 respect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the right to require Developer to submit any necessary reformation, documents, mvmces, receipts or other records to verify the actual cost of the OverSized Facilities 7 All not,ecs, payments or communications to be given or made pursuant to this Agreement by the pames hereto, shall be sent to Developer at the business address g~ven above and to the Assistant City Manager for Utalmes for City at the address given above 8 Developer shall mdenmlfy, to the extent permitted by applicable law, and hold City harmless from any and all claims, damages, loss or liability of any kmd whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, lnvitees, 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 constmetaon of the Oversized Faeflines within twelve (12) months of the effectave date of execution of this Agreement, this Agreement shall terminate 10 Tlus instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions or obhgat~ons other than those contained or incorporated herein This Agreement shall supersede all previous communieatmns, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject 2 matter of this Agreement 11 This Agreement shall not be assigned by Developer without the express written consent of the C~ty 12 Any and all stats for any breach of this Agreement, or any other suit pertaining to or arising out of th~s Agreement, shall be brought in a court of competent junsdmt~on m Denton County, Texas This Agreement shall be governed by and construed an accordance with the laws of the State of Texas EXECUTED m duplicate original counter~a~td~_.y the dul~, aughonzed officials and officers of the City and the Developer, on this the ~/~- day of ~~ ,2001 ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS A Texas Mumcapal Corporataon Michael Condu~f~.~/anager APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 3 "DEVELOPER" ATTEST APPROVED AS TO LEGAL FORM HAYES, COFFEY & BERRY By ~'~ff~-.~ ~ 4 DISD AQUATIC CENTER PROPOSED SEWER OVERSIZE CITY OF DENTON WA TER UTILITY I inch equals 500 feet N EXHIBIT I TEAGUE NALL AND PERKINS Cost Particlpattan Calcs CONSULTING ENGINEERS OWNER Denton lSD 6/1/01 PROJ DESCRIPTION Off-slta Water & Sewer to Serve Aquatic Park and Future School S~te SUMMARY OF COST PARTICIPATION Segment B S~ment C Total $15,942 $6,8~5 $31,285 $357000 345% $50,190 $67T208 65 5% 100 0% $95~289 $85~155 $212,905 100 0% 100 0% $161.421 $92,000 $346,478 Sanltar~ Sffwer Sediment A City Partlo~patlon Overslzlng) $8,498 Residential , $351000 34 5% School Site $17.098 Aquatic Center 65 5% $32,461 Total 100 0% $93,057 Water , Sediment A School SIts 50 0% 50 0% Aquatic Center $81,445 Total 100 0% $162, 889 Segment B Total $81,445 100 0% $46~160 $127,605 100 0% $46,160 $209,049 Totals Sewer City $31,285 Residential $35.000 School Sits $67,288 Aquatic Center $212,905 Total $346,478 Water Total $31,28S $35,000 $81,445 $148,733! $127,605 $340,009! $209,049 $5657527 Note Percentages shown are based on requiredI demand (water) and oad ng (sewer) I EXHIBIT II 8888888 8888888 8888888888888888 888888888~888 8~8888~88888~