1999-460AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND
NATIONWIDE HOUSING SYSTEMS FOR REIMBURSEMENT OF THE COSTS OF
BUILDING A WATER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY,
AUTHORIZING THE TRANSFER OF FLrNDS PURSUANT TO THE AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton, Texas reqmres that the development owned by
Nationwide Housing Systems, Lac ("Developer") commonly referred to as that real property
situated at 4001 South 1-35E (as more particularly depicted ~n Exhibit I, attached hereto and
incorporated hereto by reference) located m the C~ty of Denton, Texas or its extraterritorial
juns&etlon, and smd Developer is reqmred to provide such real property with adequate water
service by designing, constructing, and installing a water mmn, and
WHEREAS THE City of Denton may lawfully reimburse the Developer for the costs of
the water mare installation by the Developer based upon prorata charges prod to the City by
persons connecting to the water main pursuant to Code of Ordinances of the City of Denton,
Texas §34-118 (b)(3), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Manager is authorized to execute a Water Main Prorata
Reimbursement Agreement Between the C~ty of Denton and Nationwide Housing Systems, Lac
("Agreement") to prowde for the prorata reimbursement for the design, construction, and
installation of One Thousand Six Hundred Thirteen (1613') hnear feet of eight (8") inch off-site
water main, substantially an the form of the attached Agreement, which is meorporated herewith
by reference and made a part of this Ordinance for all purposes, subject however, to Developer,
Nat~onwade Housing Systems, Lac entenng mto a Development Contract with the City of
Denton, in accordance with Chapter 34 of the Code of Ordinances of the C~ty of Denton, Texas
~ That the City Manager ~s hereby authorized to make such expenditures
and transfers of funds under such conditions as are set forth m the attached Agreement
~ That this orchnance shall become effective ~mmediately upon ~ts passage
and approval
d yo,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordmances\99\Water Mare Prorata Re,mb Ord Nationwide doc
WATER MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWEEN BETWEEN THE CITY OF DENTON
AND NATIONWIDE HOUSING SYSTEMS, INC.
WHEREAS, Nationwide Housing Systems, Inc ("Developer"), whose business address is
8035 East R L Thornton, Suite 250, Dallas, Texas 75228, desires to develop and improve
certain real property commonly referred to as 4001 South 1-35E (as more particularly
depleted in Exhablt I, attached hereto and incorporated here~n by reference) located in the
City of Denton, Texas or its extratemtonal junschctlon, and Developer is reqmred to prowde
such real property with adequate water servme by deslgmng, constructing, and instalhng a
water main, and
WHEREAS, the C~ty of Denton, Texas ("City") is a municipal corporation located at 215
East MeKanney, Denton Texas 76201, and in accordance with Seetaon 34-118 (b)(3) of the
City of Denton Code of Ordinances, may reimburse Developer for the costs of the water main
designed, constructed, and installed by Developer based upon prorata charges paid to the C~ty
by persons eounectmg to the water main,
NOW, THEREFORE, in consideration of their mutual promises, Developer and C~ty do
hereby AGREE as follows
1 Developer has designed, constructed, and installed an eight inch (8") off-site
water mare and all necessary appurtenances thereto, extending a total distance of sixteen
hundred and tlurteen (161Y) feet (the "Facilities") located as shown on Exhibit II, attached
hereto and mcorporated hereto by reference Th~s offs~te water main shall be subject to
prorata rexmbursement to the Developer m accordance with this Agreement
2 Prior to beginning construction of the Facilities, Developer shall obtain, at
Developer's sole cost and expense all necessary permits, hcenses, and easements If
easements are needed, the deeds therefor obtained by Developer shall be rewewed and
approved as to form and substance by the City prior to the beginning of construction If
Developer is unable to acquire needed easements, Developer shall provide City with any
requested documentation of its efforts to obtain such easements, including evidence of
negotiattons and reasonable offers made to the affected property owners Any easements for
the Facflxties obtained by the Developer shall be assigned to City, if not taken in City's name,
prior to acceptance of the Facilities, and Developer warrants clear title to such easements and
will defend C~ty agmnst any adverse claim made agmnst such title
3 The actual cost of the design, construction and installation of the Faclhtles
subject to prorata reimbursement is Forty Five Thousand ($45,000) Dollars, or $27 90 per
hnear foot for sixteen hundred and thirteen (1613') feet of off-site Facilities
4 Within thirty (30) days of the acceptance of the facflmes by the City,
Developer shall submit to the City's Assistant C~ty Manager for Utilities, the actual cost of
the Facilities To determine the actual cost of the Facfllt~es, the 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
lnfonnat~on, documents, invoices, receipts or other records to verify the actual cost of the
ATTACHMENT I
Faclhtles
The Assistant City Manager Executive D~rector for Utlhties shall review and verify the actual
cost of the Faclhtles and certafy the allowable reimbursable cost and the date the Facthties
were accepted, which certificate shall be attached hereto and be incorporated herein by
reference
5 After title to the Facilities have vested in the City, the C~ty shall collect a
prorata charge from any person connecting to the off-stte facilities in accordance with the
provisions of the Code of Ordinances of the City of Denton Within tlurty (30) days of the
receipt ofprorata charges the City shall transfer such amount collected to Developer
6 The City shall transfer to Developer prorata charges collected for a period of
time of twenty (20) years from the date the Facthtles are accepted by City, as specified
herein, but shall not transfer or reimburse to the Developer an amount of funds m excess of
the certified cost of the Facilities
7 The parties hereto recognize that the Faclhtles subject to this Agreement are
necessary to provide water service to the Developers property The prorata charges to be
collected and transferred to Developer shall be based on the terms of th~s Agreement, as
though the Facilities subJeCt to flus Agreement were installed
8 The prorata charges to be collected by the City and thereafter transferred to
Developer an accordance with the ordinances of the Caty and this Agreement are intended to
reimburse the Developer for the Developer's cost of the Facilities by requlnng persons
connecting who benefit thereby, to participate m the cost of the Facflttaes Th~s Agreement
shall not be considered to impose any obhgatlon or habfllty upon the City to pay for the
Facilities from its general revenues, bond funds or any other revenues it may receive, except
for those prorata funds received from persons eounectmg to such Facflltaes
9 Should any court of competent jurisdiction determine that all or part of the
C~ty s ordinance on wluch the prorata charges to be prod to Developer under this Agreement
are based are found to be unlawful or invalid, the Caty may cease to charge or collect the
prorata charges for connection to the Facflttles and will have no further obhgatlon hereunder
10 All notices, payments or communications to be given 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 City Manager for Utilities for the City at the address provided
above
11 The Developer shall mdemmfy and agrees to hold the City harmless from any
and all claims, damages, loss or habfl~ty of any kand whatsoever, by reason of injury to
property or person occasioned by any act or omission, neglect or wrongdoing of Developer,
its officers, agents, employees, mvltees, contractors or other persons with regard to the
performance of th~s Agreement, and Developer will, at its own cost and expense, defend and
protect,the City against any and all such claims and demands
12 This instrument embodies the whole Agreement of the parties hereto and there
are no promises, terms, eondtt~ons, or obhgatlons other than those contmned herein Th~s
Agreemont shall supersede all previous commumeatlons, understandings, representations or
agreements, either verbal or written, between the part~es hereto regarding the subject matter
of this Agreement
13 Developer shall not assign this Agreement without the express wntten consent
of the City
14 Any and all suits for any breach of this Agreement, or any other suit perttumng
to ansmg out of this Agreement, shall be brought and mmntalned ~n the court of competent
jurisdiction m Denton County, Texas This Agreement shall be governed by, and construed
m accordance with the laws of the State of Texas
15 Tins Agreement shall be effective for a period of twenty (20) years from the
date the Facilities are accepted by City or until Developer has been prod all allowable
rmmbursable prorata charges for the Facilities, winchever occurs first, provided, however,
should Developer begm substantial construction of the Famht~es within one (1) year from the
date of execution of tins Agreement, tins Agreement shall terminate
EXECUTED tins the ~.~/~ day o£ ~_~4~~ ,1999
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ~fi~~
"DEVELOPER"
NATIONWIDE HOUSING SYSTEMS, INC
ATTEST
S \Our Docuraents\Contracts\99\Water Mare Prorata Re,mb Agrmt Nat~onwde Housing doe
LOCATION MAP
NATIONWIDE HOUSING 8" WATER LINE
PROJECT LOCATION
PAGE RD
lES
~IDE HOUSING
1613 LINII
8"
EXHIBIT I