2000-173 ORDINANC NO / 73
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAiN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR
DEVELOPMENT LTD 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 participate m the cost of overslzing water mans to be
designed, mstalled, and constructed by Bel A~r Development Ltd in an amount not to exceed
Twenty Two Thousand Eighty Eight Dollars and Sixty One Cents ($22,088 61), m accordance
with §34-118Co)(2) of the Code of Ordinances of the City of Demon, 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 anthonzed to execute a Water Mare Cost
Partmlpatlon Agreement Between the City of Denton and Bel Air Development Ltd, for the
overslzlng of approximately 565 linear feet of on-site, and approximately 143 linear feet of off-
site waterline from e~ght (8") inch water man to sixteen (16") inch water man, and to provide a
stub-out at the North comer of the subject property on Sherman Drive, substantially in the form
of the attached Agreement, which is mcorporated herewith and made a part of tlus ordinance for
all purposes, subject to Bel Air Development Ltd, 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
~ That the City Manager is hereby anthonzed to make the expenditures as
set forth m the attached Agreement
SECTION 3 That thas orchnance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the /~ dayof ~f~,~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Docuro~nts\Ordlnance s\00\Water Mare Cost Partw~p Agrmt Bel Air Develop Ltd doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD.
WHEREAS, Bel Aar Development Ltd hereinafter referred to as "Developer", whose
busaness address as 12225 Greenville Avenue, State 118, Dallas, Texas 75243 washes to
develop and amprove certmn real property named "BEVERLY PARK ESTATES PHASE-II"
(as shown an Exlubat I, attached hereto and aneorporated herein by reference), located in the
City of Denton, Texas or ars extratemtonal junsdactlon, and is required to provide such real
property wath adequate colleetmn capacaty by designing, constrnctang and instalhng a water
line of an reside diameter of eaght roches (8"), hereinafter referred to as the "Reqmred
Facthties", and
WHEREAS, the Caty of Denton, Texas, a Municipal Corporation with its offices
located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "City,' in
accordance wath ats ordanances, washes to participate an the cost of the construction and
installation of smd water mmn to provade for an "oversazed" water main to expand its utthty
system and insure adequate utlhty service to other customers,
NOW, THEREFORE, an cons~deratton of the mutual promises and covenants
contamed hereto the Developer and the Caty AGREE as follows
1 Developer shall design, install, and construct approximately 565 linear feet of
on-site and approxamately 143 hnear feet of off-site saxteen (16") inch water lines, together
w~th a stub-out at the North comer of the subject property on Sherman Drive, and all
necessary appurtenances thereto, hereafter referred to as the "Oversized Facihtles" as shown
on Exhabat I, attached hereto and incorporated here~n by reference
2 As reqmred by Chapter 34 of the Code of Ordanances of Caty of Denton, Texas,
Developer will enter anto a Development Contract prior to beganmng of constmctmn of the
Oversized Facthtaes Th~s Development Contract ~s attached hereto as Exbab~t II and
ancorporated herein by reference Thas Agreement is subject to and governed by smd
Development Contract and any other apphcable ordinances of the City of Denton, Texas
3 Prior to beganmng of construction of the Oversazed Facthtles, Developer shall
obtmn, at Developers sole cost and expense, all necessary penmts, licenses and easements
The easements, deeds, and plats therefor obtmned by Developer shall be rewewed and
approved as to form and substance by C~ty prior to the beganmng of constmctaon If
Developer ~s unable to acqmre needed easements, Developer shall provide City with any
requested documentataon of efforts to obtain such easements, ancludang evidence of
negotmt~ons and reasonable offers made to the affected property owners Any easements for
the Oversized Facflataes obtmned by the Developer shall be assagned to City, if not taken in
Caty's name, prior to acceptance of the Oversazed Factht~es, and Developer warrants clear tatle
to such easements and wall defend City agmnst any adverse clmm made agmnst such title
4 Caty's share m the cost of the Oversized Facthtaes as based upon the dafference in
the cost of mstallmg Reqmred Factht~es, as determined by City, and the cost of the Oversized
Facilities, as determined by City, shall be m an amount not to exceed Twenty Two Thousand
Eighty Eight Dollars and Sixty One Cents ($22,088 61) 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 bid the reqmred lme and the Oversized Facilities in accordance w~th
Chapter 252 of the Texas Local Government Code The difference in the bids shall be
used to determine the C~ty's share, subject to City's maximum participation ~n cost as
specified m flus Agreement, or
b) Developer shall prepare plans and specifications and take bids on the required line and
the Oversized Facilities City shall pay Developer the least amount of the following
(1) The thfference m the bids for the reqmred hne and the Oversized Faclhtles, or
(2) Participation by the C~ty at a level not to exceed One Hundred percent
(100%) of the total cost for any overslzmg of improvements required by the
City, lncludmg, but not limited to increased capacity of ~mprovements to
anticipate other future development ~n the area, all as provided for in
§212 072(b) of the Texas Local Government Code, as amended or
(3) $22,088 61, the maximum partmlpat~on cost allowed herein
The C~ty shall not, m any case, be liable for any addit~onal cost because of delays m
beginning, eontmmng, or completing construction, changes ~n the price or cost of materials,
supphes, or labor, unforeseen or unanticipated cost because of topography, soft, subsurface,
or other site conditions, differences in the calculated and actual per hnear feet of p~pe or
matenals 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, specffied or
unspecffied, relating to the construction of the Oversized Faclht~es
5 The City will make monthly payments for ~ts share of the Oversized Famht~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 Eng~neenng & Transportation
Department of the City The C~ty will retmn 10% of the total dollar amount until the project
~s accepted Payment by the C~ty 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 Faclhtles, City shall have the right
to inspect any and all records of Developer, his agents, employees, contractors or
subcontractors, and shall have the nght to reqmre Developer to submit any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities
7 All notices, payments or communications to be g~ven 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 C~ty Manager for Utlhtles for City at the address given above
2
8, Developer shall mdemmfy and hold Clty harmless from any and all clmms,
damagesl loss or habflxty of any kind whatsoever, by reason of injury to property or person
occasmn~d by any act or omms~on, neglect or wrongdoing of Developer, its officers, agents,
employees, lnvxtees, contractors or other persons w~th regard to the performance of this
Agreement, and Developer shall, at its own cost and expense, defend and protect C~ty against
any and all such clmms and demands
9 If Developer does not begin substantial construe.on of the Overmzed Faeilmes
w~thm twelve (12) months of the effective date of execution of this Agreement, th~s
Agreement shall terminate
10 Thru instrument embodies the entire agreement of the parties hereto and there
are no promxses, terms, conditions or obhgatlons other than those contained or incorporated
here~n Tins Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the part,es hereto w~th respect to the subject
matter o~f this Agreement
11 Th~s Agreement shall not be asmgned by Developer without the express written
consent of the City
12 Any and all stats for any breach of this Agreement, or any other stat pertmnmg
to or arising out of th~s Agreement, shall be brought m a court of competent junsdlct~on m
Denton County, Texas Thru Agreement shall be governed by and construed ~n accordance
w~th the~laws of the State of Texas
EXECUTED m duphcate original counterparts~ l~y the duly-authorized officials and officers
of the C~ty and the Developer, on this the ~-~ day of t"/7/R.~,./.~ ,2000
CITY OF DENTON, TEXAS
A Texas Mtmic~pal Corporation
' ~M~CnAE~ W ~TY MANAGER
ATTEST
JENNIFBR WALTERS, CITY SBCRBTARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
BEL AIR DEVELOPMENT LTD
By ~_~%_~.._~.x
ATTEST
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