2000-072 O IN CE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND J & S
WOOD, L P FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER
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 pamelpate in the cost of overs~zmg water mmns to be
designed, Installed, and constructed by J & S Wood, L P in an amount not to exceed Slx
Thousand Three Hundred Sixty Nme Dollars ($6,369 00), in accordance w~th §34-118(b)(2) of
the Code of Ordinances of the C~ty 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 City Manager ~s authorized to execute a Water Mmn Cost
Participation Agreement Between the City of Dentun and J & S Wood, L P for the overslzmg of
approximately 667 linear feet of eight (8") Inch on-s~te water main to a twelve (12") ~nch water
mmn, substantially m the form of the attached Agreement, whmh is Incorporated herewith and
made a part of this ordinance for all purposes, subject to J & S Wood, L P, entenng Into a
Development Contract with the City of Denton, m 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 tl~s ordinance shall become effective ~mmedmtely upon its passage
and approval
PASSED AND APPROVED thls the 7~ dayof ~A.~q<~ ,2000
JAC~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND J & S WOOD, L. P
WHEREAS, J & S Wood, L P hereafter referred to as "Developer", whose business
address as P O Box 806, Decatur, Texas 76234 w~shes to develop and amprove certain real
property named "JAMES WOOD AUTO PARK, PHASE II" (as shown ~n Exhthat I, attached
hereto and incorporated herein by reference), located in the City of Denton, Texas or ~ts
extratemtonal junsdactlon, and is reqmred to provide such real property with adequate
collection capacity by designing, constructing and anstalhng a water lane of an inside diameter
of eight roches (8"), hereafter referred to as the "Required FacthUes", and
WHEREAS, the City of Denton, Texas, a Mumclpal Corporation w~th its offices
located at 215 East McI~hnney, Denton, Texas 76201, hereafter referred to as the "Caty, in
accordance with its ordinances, wishes to participate an the cost of the construction and
anstallatlon of said water mmn to provide for an "oversized" water mmn to expand its utlhty
system and insure adequate utility sermce to other customers,
NOW, THEREFORE, m consideration of the mutual promises and covenants
contmned herein the Developer and the City AGREE as follows
1 Developer shall design, install, and construct approximately 667 linear feet of
twelve (12") inch water mains and all necessary appurtenances thereto, hereafter referred to
as the "Oversazed Facilities" as shown on Exhibit I, attached hereto and incorporated hereto
by reference
2 As required by Chapter 34 of the Code of Ordanances of City of Denton, Texas,
Developer will enter into a Development Contract prior to begmmng of construction of the
Oversized Facilities Ttus Development Contract is attached hereto as Exhablt II and
incorporated herein by reference Tlus Agreement is subject to and governed by said
Development Contract and any other apphcable ordanances of the City of Denton, Texas
3 Prior to beginning of construction of the Oversized Facthtles, Developer shall
obtmn, at Developer's sole cost and expense, all necessary permits, licenses and easements
The easements, deeds, and plats therefor obtmned by Developer shall be reviewed and
approved as to form and substance by Caty prior to the beginning of construction If
Developer is unable to acquire needed easements, Developer shall promde City wath any
requested documentation of efforts to obtmn such easements, including evidence of
negotiations and reasonable offers made to the affected property owners Any easements for
the Oversized Facilities obtmned by the Developer shall be assigned to City, if not taken m
City's name, prior to acceptance of the Oversized Faclhtles, and Developer warrants clear title
to such easements and will defend Caty agmnst any adverse claim made ag~unst such tatle
4 City's share an the cost of the Oversazed Factht~es is based upon the dafference m
the cost of mstalhng Reqmred Faclhtles, as determined by City, and the cost of the Oversized
Faclhtles, as determined by City, shall be in an amount not to exceed Six Thousand Three
Hundred Sixty-Nme Dollars ($6,369 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 furmsh them to City City shall
competitively bid the reqmred 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 reqmred 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) Thirty pement (30%) of the bid on the Oversized Facilities as provided for in
§212 072 of the Texas Local Government Code or
(3) $6,369 00, the maximum participation cost allowed hemm
The City shall not, in any case, be liable for any additional cost because of delays in
beglnmng, 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, Developer s 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 Fatalities
5 The City will make monthly payments for its share of the Oversized Faclht~es
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 Englneenng & Transportation
Department of the City The City will retmn 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
reformation, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Fatalities
7 All notices, payments or commumcatlons 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 Utlhtles for City at the address given above
8 Developer shall lndemmfy and hold City harmless fi:om 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, mvltees, contractors or other persons with regard to the performance of tlus
Agreement, and Developer shall, at its own cost and expense, defend and protect City agmnst
any and all such clmms and demands
9 If Developer does not begin substantial construction of the Oversized Facllmes
w~th~n twelve (12) months of the effective date of execution of tbas Agreement, tbas
Agreemont shall tenmnate
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 Tbas Agreement shall supersede all previous commumcat~ons, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter oftlus Agreement
11 Tins Agreement shall not be assigned by Developer w~thout the express written
consent of the City
12 Any and all stats for any breach of this Agreement, or any other stat pertmmng
to or arising out of thas Agreement, shall be brought m a court of competent junsdmtlon in
Denton County, Texas Th~s Agreement shall be governed by and construed In accordance
w~th the laws of the State of Texas
EXECUTED m duplicate original counterpart, s~ by the duly-au~onzecJ officials and officers
of the City and the Developer, on this the '7'('R day of ~ff]fZ/_(//]//~ ,
2000 t
CITY OF DENTON, TEXAS
A Texas Mummpal Corporation
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By !
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
J & S WOOD, L
]By
ATTEST
By /~.~.~
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