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
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