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2000-350 0RD NANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER FORCE MAIN AND LIFT STATION COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER FORCE MAIN AND LIFT STATION AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDYNG AN EFFECTIVE DATE WHEREAS, the City desires to participate in the cost of oversizlng sewer force main and lift station to be designed, installed, and constructed by Denton Independent School District in an amount not to exceed Seventy Six Thousand Nine Hundred Forty One Dollars and Forty One Cents ($76,941 41), in accordance with §34-118(b)(2) of the Code of Ordinances of the City 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 is authorized to execute a Sewer Force Main and Lift Station Cost Participation Agreement Between the City of Denton and Denton Independent School Dmtnct for the overslzmg of approximately 1,490 linear feet of sewer force main from three-inch (3") sewer force mmn to slx-tach (6") and overslzlng of lift station from 50 gallons per minute to 257 gallons per minute and to provide a 8-inch (8") sewer stub-out at the Northwest corner of the subject property on Ryan Road, substantially in the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes, subject to Denton Independent School District entermg into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Orchnances of the City of Denton, Texas SECTION 2 That the City Manager is hereby anthonzed to make the expenditures as set forth in'the attached Agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thls the ~ ~ dayof ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmanees\OO~Sewer Mare Cost Pattie Oral Denton lSD doc THE STATE OF TEXAS § COUNtTY OF DENTON § SEWER FORCE MAIN AND LIFT STATION COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT WHEREAS, Denton Independent School Dtstnct hereinafter referred to as "Developer", whose business address ~s 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 herein by reference), located in the C~ty of Denton, Texas or ~ts extraterritorial jurisdiction, and ~s required to prowde such real property w~th adequate collection capacity by destgmng, constructing and mstalhng a sewer force mmn of an tnslde d~ametar of three ;nches (3") and a llf~ station of 50 gallons per m~nute capacity, hereinafter referred to as the "Required Faclhtles", and WHEREAS, the C~ty of Denton, Texas, a Mumclpal Corporation with its offices located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "City, in accordance w~th ~ts ordinances, w~shes to participate in the cost of the construction and installation of smd sewer force mmn and to prowde for an "oversized" hft station to expand its utility system and insure adequate utility service to other customers, NOW, THEREFORE, m consideration of the mutual promises and covenants contamed hereto the Developer and the City AGREE as follows I Developer shall design, install, and construct approximately 1,490 hnear feet of 6-tach (6") force mare and 257 gallons per m~nute ll~ station, together w~th a 8-inch stub-out at the, Northwest coruer of the subject property on Ryan Road, and all necessary appurtenances thereto, hereafter referred to as the "Oversized Faclhtles' as shown on Exhibit I, attached hereto and incorporated hereto by reference 2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer wdl enter into a Development Contract prior to beginning of construction of the Oversized Facilities 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 beg~nmng of construction of the Oversized Facdltles, 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 C~ty prior to the beginning of construction If Developer ~s unable to acquire needed easements, Developer shall prowde C~ty 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 Facflmes obtained by the Developer shall be assigned to City, if not taken m C~ty% name, prior to acceptance of the Oversized Faclht~es, and Developer warrants clear title to such,easements and will defend C~ty against any adverse claim made against such title 4 City's share m the cost of the Oversized Facilities is based upon the d~fference in the cost of ~nstallmg Required Facilities, as determined by City, and the cost of the Oversized Facdlt~es, as determined by C~ty, shall be m an amount not to exceed Seventy Slx Thousand Nme Hundred Forty One Dollars and Forty One Cents ($76,941 41) City may elect one of the following methods to determine C~ty's share of the cost a) Developer shall prepare plans and specifications and furnish them to City C~ty shall competitively b~d the reqmred hne and the Oversized Facilities m accordance with Chapter 252 of the Texas Local Government Code The difference tn the bids shall be used to determine the C~ty's share, subject to City's maximum participation in cost as specified m th~s Agreement, or b) Developer shall prepare plans and specifications and take bids on the required hne and the Oversized Facilities C~ty shall pay Developer the least amount of the following (1) The difference ~n the bids for the required line and the Oversized Facfltttes, or (2) Parttc~pat~on by the C~ty at a level not to exceed One Hundred percent (100%) of the total cost for any overs~zlng of improvements reqmred by the City, including, but not hm~ted to increased capactty of improvements to anticipate other future development ~n the area, all as provided for m §212 072(b) of the Texas Local Government Code, as amended or (3) $76,94t 41, the maximum part~c~patlon cost allowed herein The C~ty shall not, m any case, be i~able for any additional cost because of delays m beglnmng, contmumg, or completing construction, changes m the prtce or cost of materials, supphes, or labor, unforeseen or unanticipated cost because of topography, soft, subsurface, or other site condlttons, d~fferences ~n the calculated and actual per hnear feet of pipe or matermls needed for the Oversized Fac furies, Developer s declston 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 City wall make monthly payments for its share of the Overstzed 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 Englneermg & Transportation Department of the City The C~ty will retain 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 venficatton 6 To determine the actual cost of the Oversized Faclht~es, City shall have the right to tnspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the right to require Developer to submit any necessary lnfornlatlon, documents, mvolces, receipts or other records to vertfy the actual cost of the Oversized Facthtles 2 C \WINDOWS\TEMP\Sewer Mare Cost Patt~¢tp Agrmt Denton lSD doc 7 All notmes, payments or commumcatlons to be given or made pursuant to thts Agreement by the parttes hereto, shall be sent to Developer at the business address gtven above and to the Asststant City Manager for Utthttes for Ctty at the address given above 8 Developer shall mdemmfy and hold City harmless from any and all clatms, damages, loss or habthty of any kind whatsoever, by reason of injury to property or person occastoned by any act or omlsston, neglect or wrongdoing of Developer, tts officers, agents, employees, mvaees, contractors or other persons wtth regard to the performance of this Agreement, and Developer shall, at tts own cost and expense, defend and protect City against any and all such claims and demands 9 If Developer does not begin substanttal 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 embothes the enttre agreement of the parties hereto and there are no promises, terms, condttlons or obhgattons other than those contained or incorporated hereto This Agreement shall supersede all prevtous communicat~ons, representations or agreements, whether verbal or wrttten, between the parties hereto wah respect to the subject matter ofthts Agreement 11 This Agreement shall not be asstgned by Developer without the express written consent of the Cay 12 Any and all suits for any breach ofthts Agreement, or any other stat pertaining to or arising out of thts Agreement, shall be brought m a court of competent junsd~ctton tn Denton County, Texas Thts Agreement shall be governed by and construed m accordance with the laws of the State of Texas EXECUTED tn duphcate original counterparts Joy the duly-authorized officials and officers of the Ctty and the Developer, on th~s the ~,'F~ day of ~2~,~O~L,~MM~j , 2000 CITY OF DENTON, TEXAS A Texas Municipal Corporation "Mi'ch~ei ¢fi/Je~, Cl~nager ATTEST JENNIFER WALTERS, CITY SECRETARY 3 C \WINDOWS\TEMP\Sewer Mare Cost Partlclp Agrmt Denton ISD doc APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "DEVELOPER" DENTON INDEPENDENT SCHOOL DISTRICT By~ ~ ATTEST 4 C \V~qNDOWS\TEMP\Sewer Mare Cost Par;tc~p Agrmt Denton lSD doc