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
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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
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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
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APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
DENTON INDEPENDENT
SCHOOL DISTRICT
By~ ~
ATTEST
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