1999-462 O CENO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN
PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND
KAUFMAN AND BROAD OF DALLAS, INC FOR REIMBURSEMENT OF THE COSTS
OF BUILDING A SEWER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY,
AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton, Texas requires that the real property owned by Kaufman
and Broad of Dallas, Inc ("Developer") commonly referred to as "Hickory Creek Ranch" (the
"Development") located on the South side of Hickory Creek Road and the West side of Teasley
Road (F M 2181), as more particularly depicted in Exhibit I, attached hereto and incorporated
herein by reference) located in the City of Denton, Texas or its extratemtonal jurisdiction be
provided with adequate sanitary sewer service by extending 1,974 linear feet of 15-inch and
1,774 linear feet of 18-tach sanitary sewer mmn from Leatherwood Street to the Development,
and
WHEREAS THE City of Denton may lawfully reimburse the Developer for the costs of
the sewer mmn extension by the Developer based upon prorata charges paid to the City by
persons connecting to the sewer mmn 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
SECTION 1 That the City Manager is authorized to execute a Sewer Main Prorata
Reimbursement Agreement Between the City of Denton and Kaufman and Broad of Dallas, Lac
(the "Agreement") to provide for the prorata reunbursement for the extension and installation of
One Thousand Nine Hundred Seventy Four (1,974') linear feet of fifteen (15") inch sewer main,
and One Thousand Seven Hundred Seventy Four (1,774') linear feet of eighteen (18") inch
sewer main, substantially in the form of the attached Agreement, wluch is incorporated herewith
by reference and made a part of thru Ordinance for all purposes, subject however, to Developer,
Kaufman and Broad of Dallas, Lac entenng into a Development Contract with the City of
Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas
SECTION 2 That the City Manager is hereby authorized to make such expenditures and
transfers of funds under such conditions as are set forth in the attached Agreement
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED thlsthe //'Ere dayof ff~J~~ ,1999
JACK~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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SEWER MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON
AND KAUFMAN AND BROAD OF DALLAS, INC
WHEREAS, Kaufman and Broad of Dallas, Inc ("Developer"), whose business address ~s,
2611 Westgrove, State 101, Carrollton, Texas 75006 desires w~shes to develop and ~mprove
certann real property named "H~ckory Creek Ranch" (as more partmularly depmted in Exhibit
I, attached hereto and incorporated here~n by reference) located ~n the C~ty of Denton, Texas
or ~ts extratemtonal junsdlct~on, and Developer ~s reqmred to prowde such property w~th
adequate sewer serrate by desagnmg, constructing, ~nstalhng, and extending a sewer mann,
and
WHEREAS, the Caty of Denton, Texas ("C~ty") ~s a mtm~clpal corporation located at 215
East Mcledrmey, Denton, Texas 76201, and ~n accordance with the prows~ons of Section 34-
118 (b)(3) of the C~ty of Denton Code of Ordinances, may reimburse Developer for the costs
of the samtary sewer mann designed, constructed, ~nstalled, and extended by Developer based
upon prorata charges pand to the C~ty by persons connecting to the sewer mann
NOW, THEREFORE, m consideration of their mutual promises, Developer and C~ty do
hereby AGREE as follows
1 Developer has designed, constructed, installed, and extended 1,974 hnear feet
of 15-tach sewer mann and 1,774 hnear feet of 18qnch sewer mann and all necessary
appurtenances thereto, hereafter referred to as the "Facd~t~es," located as shown on Exh~bat I,
attached hereto and incorporated hereto by reference These off-site sewer manns shall be
subject to prorata relmbursemant to the Developer m accordance w~th th~s Agreement
2 Prior to beginning construction of the Famht~es, Developer shall obtann, 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 C~ty prior to the beglnmng of constmctaon If
Developer as unable to acquire needed easements, Developer shall provide C~ty with any
requested documentation of ~ts efforts to obtann such easements, lncluthng ewdence of
negottat~ons and reasonable offers made to the affected property owners Any easements for
the fatalities obtanned by the Developer shall be assigned to C~ty, ~fnot taken ~n C~ty's name,
prior to acceptance of the Facthtaes, and Developer warrants clear title to such easements and
will defend City agannst any adverse clanm made against such t~tle
3 The actual cost of the design, construction, installation, and extension of the
Fatalities subject to prorata reimbursement ~s One Hundred E~ght Thousand One Hundred
Seventy Four ($108,174 00) Dollars, or $28 86 per hnear foot for 1,974 linear feet of 15qnch
and 1,774 hnear feet of 18qnch off-sate samtary sewer manns
4 W~th~n thirty (30) days of the acceptance of the Famllt~es by the C~ty,
Developer shall submit to the C~ty's Assistant C~ty Manager for Uttht~es the actual cost of the
Fatalities To determine the actual cost of the Famht~es, the C~ty shall have the right to
respect ,any and all records of Developer, his agents, employees, contractors or subcontractors
and shall have the right to reqmre Developer to submit any necessary information,
documents, invoices, receipts or other records to venfy the actual cost of the fatalities The
ATTACHMENT I
Assmtant C~ty Manager for Utilities shall revaew and verify the actual cost of the Faclht~es
and certify the allowable reimbursable cost and the date the Faclht~es were accepted, which
certfficate shall be attached hereto and be ~ncorporated here~n by reference
5 Afier t~tle to the Facilities have vested ~n the C~ty, the C~ty shall collect a
prorata charge from any person connecting to the off-site facilities ~n accordance w~th the
prows~ons of the Code of Ordinances of the City of Denton Within thirty (30) days of the
receipt ofprorata charges the C~ty shall transfer such amount collected to Developer
6 The C~ty shall transfer to Developer prorata charges collected for a period of
t~me of twenty (20) years from the date the Facllmes are accepted by C~ty, as specified
herein, but shall not transfer or remaburse to the Developer an amount of funds in excess of
the certffied cost of the Facd~taes
7 The part,es hereto recogmze that the Faclht~es subject to th~s Agreement are
necessary to prowde sewer servme to the Developer's property The prorata charges to be
collected and transferred to Developer shall be based on the terms of th~s Agreement, as
through the Facilities subject to this Agreement were installed
8 The prorata charges to be collected by the City and transferred to Developer ~n
accordance with the ordinances of the C~ty and th~s Agreement are ~ntended to reimburse the
Developer for the Developer's cost of the Fac~ht~es by requmng persons connecting, who
benefit thereby, to partm~pate m the cost of the Facd~tles Th~s Agreement shall not be
considered to ~mpose any obligation or habfl~ty upon the C~ty to pay for the Facilities from ~ts
general revenues, bond funds or any other revenues it may receive, except for those pmrata
h~nds received from persons connectmg to such Famht~es
9 Should any court of competent jurisdiction determine that all or part of the
City s ordinance on which the prorata charges to be prod to Developer under th~s Agreement
are based are found to be unlawful or ~nval~d, the C~ty may cease to charge or collect the
prorata charges for connection to the Famht~es and w~ll have no further obhgatton hereunder
10 All notmes, payments or commumcat~ons to be g~ven or made pursuant to thru
Agreement by the parties hereto, shall be sent to Developer at the business address prowded
above and to the Assistant C~ty Manager for of Utd~t~es, for the City at the address provided
above
11 The Developer shall mdemmfy and agrees to hold the C~ty harmless from any
and all clmms, damages, loss or habfl~ty of any k~nd whatsoever, by reason of ~njury to
property or person occasioned by any act or omission, neglect or wrongdoing of Developer,
~ts officers, agents, employees, ~nwtees, contractors or other persons w~th regard to the
performance of this Agreement, and Developer wall, at ~ts own cost and expense, defend and
protect the Cxty against any and all such clmms and demands
12 Th~s mstnunent embodxes the whole Agreement of the part,es hereto and there
are promises, terms, conditions, or obligations other than those contmned hereto Thxs
Agreement all supersede all premous commtmmatlons, understandmgs, representations or
agreements, e~ther verbal or wnttan, between the part;es hereto regarding the subject matter
of th~s Agreement
13 Developer shall not aSSlgll this Agreement w~thout the express written consent
of the City
14 Any and all suits for any breach of this Agreement, or any other suit pertaining
to or arising out ofth~s Agreement, shall be brought and mmntained m the court of competent
junsdactmn in Denton County, Texas This Agreement shall be governed by, and construed
~n accordance w~th the laws of the State of Texas
15 This Agreement shall be effective for a period of twenty (20) years from the
date Faclht~es are accepted by City, or until Developer has been prod all allowable
reimbursable prorata charges for the Faclht~es, whichever occurs first, provided, however,
should Developer fail to begin substantial construction of the Facilities w~thin one (1) year
from the date of execution of this Agreement, th~s Agreement shall terminate
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEG~ FO~
HE~ PROUTY, CITY ATTO~Y
By
"DEVELOPER"
~MAN ~ BRO~ OF DALLAS, ~C
ATTEST
By ~~
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