2000-172 ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CItY MANAGER TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CItY OF DENTON AND BEL AIR
DEVELOPMENT LTD FOR THE CITY'S PARTICIPATION 1N 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 participate in the cost of overslzlng sewer mmns to be
designed, installed, and constructed by Bel Air Development Ltd in an amount not to exceed
Nine Thousand Six Hundred Forty Six Dollars and Eighty Six Cents ($9,646 86), m accordance
with §34-118(b)(2) of the Code of Ordinances of the City of Deuton, 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 is authorized to execute a Sewer Mmn Cost
Participation Agreement Between the City of Denton and Bel Air Development Ltd for the
overslzmg of apprommately 1998 linear feet of twelve (12") inch and approximately 208 linear
feet of fifteen (15") inch gravity sanitary sewer mmn, from eight (8") inch gravity sanitary sewer
line, substantially in the form of the attached Agreement, winch is incorporated herewith and
made a part of this ordinance for all purposes, subject to Bel Air Development Ltd entenng into
a Development Contract with the City of Denton, in 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 tins ordinance shall become effective lmme&ately upon its passage
and approval
PASSED AND APPROVED this the ~/~ ~ day of ~./.,~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documonts\Ordman~s\00\Sew~r Mare Cost Partl¢lp Agrmt-Bel A~r Develop Ltd ord doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD
WHEREAS, Bel Air Development Ltd hereafter referred to as "Developer", whose
business address is 12225 Greenville Avenue, State 118, Dallas, Texas 75243 wishes to
develop and improve certmn real property named "BEVERLY PARK ESTATES PHASE-II"
(as shown m Exhibit I, attached hereto and incorporated herein by reference), located In the
City of Denton, Texas or its extratemtonal jurisdiction, and ~s reqmred to provide such real
property w~th adequate sewer service by des~gmng, constructing, extending, and installing a
grawty samtary sewer hne of an ms,de dmmeter of e~ght roches (8"), hereafter referred to as
the "Reqmred Faelhtles", and
WHEREAS, the C~ty of Denton, Texas, a Mumc~pal Corporatmn w~th ~ts offices
located at 215 East McK~nney, Denton, Texas 76201, hereafter referred to as the "C~ty, in
accordance w~th ~ts ordinances, w~shes to participate in the cost of the construction and
installation of smd sewer mmn to prowde for an "oversized" sewer mmn to expand its utlhty
system and to insure adequate utility service to other customers,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contmned here~n the Developer and the City AGREE as follows
1 Developer shall design, install, and construct approximately 1,998 linear feet of
twelve (12") inch and 208 linear feet of fifteen (15") inch gravity sanitary sewer mains and all
necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown
on Exhibit I, attached hereto and incorporated herein by reference
2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter into a Development Contract prior to beginning of construction of the
Oversized Famhttas Th~s Development Contract is attached hereto as Exhibit II and
mcorporated hereto by reference Th~s Agreement is subject to and governed by said
Development Contract and any other apphcable ordinances of the C~ty of Denton, Texas
3 Prior to begmmng of construction of the Oversized FacIht~es, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, heenses and easements
The easements, deeds, and plats therefor obtmned by Developer shall be rewewed and
approve~d as to form and substance by C~ty prior to the beginning of construction If
Develol~er is unable to aeqarre needed easements, Developer shall prowde C~ty with any
requested documentation of efforts to obtmn such easements, ~ncludmg ewdence of
negotiations and reasonable offers made to the affected property owners Any easements for
the Overaized Facilmes obtained by the Developer shall be assigned to City, if not taken in
C~ty's name, prior to acceptance of the Oversized Facthtles, and Developer warrants clear title
to such easements and will defend C~ty against any adverse claim made against such title
4 C~ty's share m the cost of the Oversized Facihties Based upon the chfference in
the cost of lnstalhng Required Facihties, as determined by City, and the cost of the Oversized
Facilities, as determined by City, shall be m an mount not to exceed Nine Thousand Slx
Hundred, Forty Six Dollars and Eighty Slx Cents ($9,646 86) City may elect one of the
following methods to determine City's share of the cost
a) Developer shall prepare plans and specifications and furnish them to City City shall
competitively bad the required line and the Oversized Faclhtles m accordance with
Ghapter 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 m cost as
specified in this Agreement, or
b) Developer shall prepare plans and specifications and take bids on the required hne and
the Oversized Faefl~tles City shall pay Developer the least amount of the following
(1) The difference m the bids for the required line and the Oversized Facilities, or
(2) Participation by the City at a level not to exceed One Hundred percent
(100%) of the total cost for any overslzmg of improvements required by the
City, including, but not linuted to increased capacity of improvements to
antlc~pate other future development m the area, all as provided for m
§212 072(b) of the Texas Local Government Code, as amended, or
(3) $9,646 86, the maximum participation cost allowed herein
The City shall not, in any ease, be hable for any additional cost because of delays m
beginning, contmmng, or completing construction, changes in the price or cost of materials,
supphes, 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 Facilities
5 The Clty will make monthly payments for its share of the Oversized Facthtaes
The Developer shall submit monthly pay requests on forms provided by the City The
Developers engineer shall venfy that each pay request is correct Each pay request, along
with the engineer's venficatlon, shall be submitted to the Engmeenng & Transportation
Departn~ant 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 ef 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
information, documents, invoices, receipts or other records to venfy the actual cost of the
Oversized Facilities
7 All not~ees, 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 C~ty Manager for Utahties for City at the address given above
2
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 wrongdomg of Developer, its officers, agents,
employees, mvltees, 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 ehnms and demands
9 If Developer does not begin substantial construction of the Oversized Facilities
within twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall terminate
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 This Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement
11 This Agreement shall not be assigned by Developer without the express written
consent of the City
12 Any and all suits for any breach of this Agreement, or any other suit pertaining
to or arising out of this Agreement, shall be brought in a cottrt of competent jurisdiction m
Denton County, Texas This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas
EXECUTED in duplicate original eounterparts~/b~y the duly-authorized officials and officers
of the City and the Developer, on this the /¢ ~ day of ~c~t d~-, ,2000
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
~4~iCi-IAfL'W ~rZ~C~TY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
BEL Alt ~EVELOPMENT LTD
By ~ ~\k ~
ATTEST
S \Our Documenta\Contracta\00\Sewer Mare Cost Pa~clp Agrmt-Bel A~r Develop Ltd doc
4