2000-349 O mANCENO
AN ORDiNANCE AUTHORIZING THE CITY M~AGER TO EXEC~E A WATER MA~
COST P~TICIPATION AG~EMENT BET~EN THE CITY OF DENTON ~
DENTON ~EPE~E~ SCHOOL DIST~CT FOR THE CITY'S P~TICIPATION ~
THE OVERSIZ~G OF WATER ~S ~ ~ ACCO~CE ~TH THE TE~S ~
CO~ITIONS OF THIS O~CE, AUTHO~Z~G THE E~E~IT~ OF F~S
THE~FOR, ~ PROVID~G ~ EFFECTWE DATE
~E~AS, ~e C~ty demres to p~c~pate ~n ~e cost of overmmng water mmns to be
dem~ed, ~mstalled, ~d cons~cted by Denton ~dependent School Dmmct ~n ~ mo~t not to
exceed Twen~ Thous~d T~ee H~ed Thmy Seven Dollm ~d No Cents ($20,337 00), m
accordmee w~ ~34-118(b)(2) of ~e Code of Ord~nmces of ~e C~ of Denton, Tex~ md
TE~S LOC~ GOVE~ENT CODE ~212 072, NOW, THE~FO~,
THE CO~CIL OF THE CITY OF DENTON ~BY O~S
SECTION 1 That ~e C~ty Mmager ~s authorized to execute a Water Mmn Cost
P~clpation A~eement Between ~e C~ty of Denton ~d Denton ~d~endent School Dmmct
for ~e ov~mzmg of approxamately 1,993 lme~ feet of wmer hne ~om e~ght-~nch (8') water
mmn m ~elveqnch (12'9 tach water mmn, on Ry~ Road, subst~tmlly m ~e fern of ~e
a~ached A~eement, which xs ~nco~orated herewith md made a p~ of ~s ordinate for all
p~oses, subject to Denton Independent School Dtsmct entenng ~nto a Development Con~act
w~th ~e C~tY of Denton, m accord~ce w~ Chapter 34 of the Code of Ord~n~ces of the City of
Denton, Texas
SECTION 2 ~at ~e C~ty M~ager m hereby authorized to m~e ~e expend~es as
set fogh in ~e attached A~eement
SECTION 3 ~at thru ore.ce shall become effective ~edmtely upon ~ts p~sage
~d approval
PASSED ~ ~PROVED ~m the ~ ~ day of ~~ , 2000
EUL~ BROCK, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND
DENTON INDEPENDENT SCHOOL DISTRICT
WHEREAS, Denton Independent School District hcrelnal~er referred to as
"Developer", whose business address is 909 Linden, Denton Texas 76201 wishes to develop
and improve certain real property named "WAYNE STUART RYAN ELEMENTARY
SCHOOL" (as shown m Exhibit I, attached hereto and incorporated hereto by reference),
located m the City of Denton, Texas or its extratemtorml jurisdiction, and ~s required to
provide such real property with adequate collection capacity by dcstgmng, constructing and
installing a water line of an inside diameter of eight inches (8"), herelnat~er referred to as the
"Reqmred Facilities", and
WHEREAS, the City of Denton, Texas, a Municipal Corporation w~th its offices
located at 215 East McKmney, Denton, Texas 76201, hereal~er referred to as the "C~ty, in
accordance with tis ordinances, wishes to participate in the cost of the constrnct~on and
installation of said water main to provide for an "oversized" water mare to expand its utd~ty
system and insure adequate utlhty service to other customers,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein the Developer and the City AGREE as follows
1 Developer shall design, install, and construct approximately 1,993 linear feet of
twelve-tach (12") water line, and all necessary appurtenances thereto, hereal~er referred to as
the "Oversized Facilities" as shown on Exhibit 1, 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 Facthties This Agreement is subject to and governed by said Development
Contract and any other applicable ordinances of the City of Denton, Texas
3 Prior to beginning of construction of the Oversized Facdmes, Developer shall
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 rewewed and
approved as to form and substance by City prior to the beginning of construction If
Developer Is unable to acquire needed easements, Developer shall provide C~ty with any
requested documentation of eftbrts to obtain such easements, including evidence of
negotiations and reasonable offers made to the affected property owners Any easements for
the Oversized Facilities obtained by the Developer shall be assigned to C~ty, if not taken in
City's name, prior to acceptance of the Oversized Facdities, and Developer warrants clear title
to such easements and will defend City against any adverse clmm made against such title
4 City's share in the cost of the Oversized Facilities is based upon the difference in
the cost of installing Required Facihtles, as determined by Cay, and the cost of the Oversized
Facdllltes, as determined by City, shall be in an amount not to exceed Twenty Thousand
ThreeIHundred Thirty Seven Dollars and Zero Cents ($20,337 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 furnish them to City C~ty shall
competitively bid the reqmred line and the Oversized Faclhties in accordance with
Chapter 252 of the Texas Local Government Code The difference tn the bids shall be
used to determine the City's share, subject to City's maximum partlmpanon ~n cost as
specified m this Agreement, or
b) Developer shall prepare plans and specifications and take bids on the required hne and
the Oversized Facdtues City shall pay Developer the least amount of the following
(1) The difference m the bids for the required line and the Oversized Faclhtles, or
(2) Participation by the City at a level not to exceed One Hundred percent
(100%) of the total cost for any overslzlng of improvements requlmd by the
City, including, but not limited to increased capacity of improvements to
anticipate other future development in the ama, all as provided for in
§212 072(b) of the Texas Local Government Code, as amended or
(3) $20,337 00, the maximum participation cost allowed herein
The City shall not, m any case, be liable for any additional cost because of delays in
begmolng, continuing, or completing construction, changes in the price or cost of materials,
supphes, or labor, unforeseen or unantmlpated cost because of topography, soft, subsurface,
or other site conditions, differences m 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 mason or cause, specified or
unspecified, relating to the construction of the Oversized Facflmes
5 The City will make monthly payments for ~ts share of the Oversized Facilities
The Developer shall submit monthly pay requests on forms provided by the C~ty 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
Department of the City The City will retain 10% of the total dollar amount untd 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 mqmre Developer to submit any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities
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7 All notices, payments or commumcat~ons to be given or made pursuant to thts
Agreement by the parties hereto, shall be sent to Developer at the bustness address g~ven
above and to the Assistant City Manager for Uttht~es for City at the address given above
8 Developer shall mdemmfy and hold City harmless from any and all clmms,
damages, loss or hab~hty of any kind whatsoever, by reason of ~njury to property or person
occasioned by any act or omission, neglect or wrengdmng of Developer, tts officers, agents,
employees, lnmtees, contractors or other persons w~th regard to the performance of this
Agreement, and Developer shall, at as own cost and expense, defend and protect C~ty against
any and all such claims and demands
9 If Developer does not begin substantml construction of the Oversized Fac~htles
within twelve (12) months of the effective date of execution of this Agreement, th~s
Agreement shall terminate
10 Thts ~nstrument embodies the enttre agreement of the parttes hereto and there
are no promises, terms, conditions or obligations other than those contained or ~ncorporated
herein Th~s Agreement shall supersede all previous commumcatlons, 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 Ctty
12 Any and all stats for any breach of th~s Agreement, or any other stat pertmmng
to or arising out of thts Agreement, shall be brought m a court of competent jurisdiction in
Denton County, Texas Thts Agreement shall be governed by and construed in accordance
with the laws of the State of Texas
EXECUTED in duplicate original counterparts~ys,~ the duly-agtho~zed o, ffic~als and, officers
of the C~ty and the Developer, on thts the ~, - day of ~_~'~L~/~ 2000
CITY OF DENTON, TEXAS
A Texas Mumc~pal Corporation
By I~mhael W Jez, Cff~y Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
DENTON INDEPENDENT
SCHOOL DISTRICT
ATTEST
By ~
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