1999-463AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
ARTHUR V KING AND REBECCA G KING FOR THE CITY'S PARTICIPATION IN THE
OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City wishes to particlpate in the cost of overslzlng a water main to be
designed, installed, and constructed by Arthur V gang and Rebecca G King in an amount not to
exceed Thirty Two Thousand Three Hundred Twenty One Dollars and Ninety Cents
($32,321 90), in accordance with §34-118(b)(2) of the Code of Ordinances of the City of Denton,
Texas and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Manager is authorized to execute a Water Main Cost
Partmipation Agreement Between the City of Denton and Arthur V gang and Rebecca G gang
for the overslzmg of approximately 1,707 feet of eight (8") inch water mmn to a twelve (12")
inch water roam, substantially in the form of the attached Agreement, which is incorporated and
made a part of tins orchnance for all purposes, subject to Arthur V gang and Rebecca G gang
entenng into a Development Contract with the City of Denton, in accordance with Chapter 34 of
the Code of Ordmances of the City of Denton, Texas
SECTION II. That the City Manager is hereby anthonzed to make the expenditures as
set forth m the attached Agreement
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of ,
1999
JAC~LL~R, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documcnta\Ordmances\99~ng Water Mam Cost par~c~pat~on Ord doc
S \Our Documents\Ordmances\99~-mg Water Mare Cost Participation Ord doc
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND
COUNTY OF DENTON § Arthur V and Rebecca G Krug
WHEREAS, Arthur V and Rebecca G King hereafter referred to as
"Developer", whose bus,ness address ~s 315 S Locust Denton, Texas 76201
wishes to develop and improve certain real property named Regency Oaks (as
shown ~n Exhibit I, attached hereto and incorporated herein by reference),
located in the City of Denton, Texas or its extraterntonal junsd~cbon, and ~s
required to provide such property w~th adequate collecbon capacity by
des~gmng, constructing and mstalhng a water hne of an ins~de diameter of e~ght
inches (8"), hereafter referred to as "required facdlbes", and
WHEREAS, the City of Denton, Texas, a mumclpal corporation located
at 215 East McKmney, Denton, Texas 76201, hereafter referred to as "City, ~n
accordance w~th its ordinances, wishes to participate in the cost of the
construction and ~nstallabon of sa~d water mare to prowde for an "oversized"
water main to expand ~ts utility system and insure adequate utility service to
other customers,
NOW, THEREFORE, in conslderabon of the mutual promises and
covenants contained herein Developer and C~ty agree as follows
1 Developer shall design, install and construct approximately 1,707
feet of 12 inch water ma~n and all necessary appurtenances thereto, hereafter
referred to as "oversized facdlbes" as shown on Exhibit 1, attached hereto and
~ncorporated hereto by reference
2 As required by Chapter 34 of the Code of Ordinances of City of
Denton, Texas, Developer will into a Development Contract prior to beg~nmng
construcbon of the oversized facd~bes Th~s development contract ~s attached
hereto as exhibit II and ~ncorporated here~n by reference Th~s Agreement ~s
subject to and governed by th~s Development Contract and any other apphcabie
ordinances of C~ty
3 Pnor to beginning construction of the oversized fac~hbes, 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 w~th any requested documentabon of
efforts to obtain such easements, ~ncludlng ewdence of negobabons and
reasonable offers made to the affected property owners Any easements for
the oversized facd~bes obtained by the Developer shall be assigned to C~ty, ~f
not taken m C~ty's name, prior to acceptance of the oversized facdlbes, and
Developer warrants clear t~tle to such easements and wdl defend C~ty against
any adverse claim made against such t~tle
WATER MAIN PARTICIPATION AGREEMENT - Arthur V and Rebecca G King PAGE 1
4 City's share ~n the cost of the oversized fac,hbes Based upon the
difference in the cost of ~nstalhng required faclhhes, as determined by
C~ty, and the cost of the oversized fac~htles, as determined by City, shall
be ~n an amount not to exceed thirty two thousand three hundred twenty
one dollars and mnety cents ($32,321 90) C~ty may elect one of the
following methods to determine C~ty's share of the cost
a) Developer shall prepare plans and spec~flcabons and furmsh
them to City City shall competitively bid the required line and
the oversized fac~hhes ~n accordance w~th Chapter 252 of the
Texas Local Government Code The difference In the bids shall
be used to determine C~ty's share, subject to City's maximum
participation ~n cost as specified In this Agreement
or
b) Developer shall prepare plans and spec~flcabons and take bids
on the required hne and the oversized fac~hbes C~ty shall pay
Developer the least amount of the following
(1) The d~fference in the b~ds for the required line and the
oversized fac~htles,
(2) Thirty percent of the b~d on the oversized fac~hhes as
provided for m §212 072 of the Texas Local Government
Code or
(3) $32,321 90 the maximum parhc~pabon cost allowed hereto
City shall not, ~n any case, be hable for any additional cost because of delays ~n
begmmng, continuing or complebng construction changes ~n the pnce or cost
of matenals, supphes, or labor unforeseen or unanbc~pated cost because of
topography, so~l, subsurface, or other site cond~bons differences ~n the
calculated and actual per hnear feet of pipe or materials needed for the
oversized faclhtles Developer s decision as to the contractors or subcontractors
used to perform the work, or any other reason or cause, specified or
unspecified, relabng to the construction of the oversized fac~hhes
5 The C~ty w~ll make monthly payments for ~t's share of the oversize
fac~hbes The Developer shall submff monthly pay request on forms provided
by the C~ty The Developer's engineer shall verify that pay request is correct
The request, along w~th the engineer's ver~flcabon, shall be submitted to the
Engineering & Transportation Department of the City The C~ty w~ll retain 10%
of the total dollar amount until the project ~s accepted Payment by the C~ty to
the Developer w~ll be made w~th~n thirty (30) days of receipt of the pay esbmate
and the engineer's venflcabon
WATER MAIN PARTICIPATION AGREEMENT Arthur V and Rebecca G King PAGE 2
6 To determine the actual cost of the oversized faclhbes, City shall
have the nght to respect any and all records of Developer, his agents, em-
ployees, contractors or subcontractors and shall have the right to require
Developer to summit any necessary ~nformabon, documents, ~nvomes, receipts
or other records to venfy the actual cost of the oversized facilities
7 All nobces, payments or communications to be g~ven or made
pursuant to th~s agreement by the parties hereto, shall be sent to Developer at
the business address g~ven above and to the Director of Ubl~bes for City at the
address given above
8 Developer shall ~ndemmfy and hold C~ty harmless from any and all
claims, damages, loss or Iiab~hty of any kind whatsoever, by reason of injury to
property or person occasioned by any act or omission, neglect or wrongdoing of
Developer, ~ts officers, agents, employees, inwtee, contractors or other persons
w~th regard to the performance of this agreement, and Developer w~ll, at its own
cost and expense, defend and protect C~ty against any and all such claims and
demands
9 If Developer does not beg~n substantial construction of the
oversized facll~bes w~th~n twelve (12) months of the effective date of execution
of this agreement, th~s agreement shall terminate
10 Th~s instrument embodies the whole agreement of the parties
hereto and there are no promises, terms, cond~bons or obligations other than
those contained or ~ncorporated herein This agreement shall supersede all
prewous commumcatlons, representations or agreements, e~ther verbal or
wntten, between the part~es hereto
11 This agreement shall not be assigned by Developer without the
express written consent of C~ty
12 Any and all suits for any breach of th~s contract, or any other su~t
perta~mng to or ans~ng out of this agreement, shall be brought in a court of
competent junsdmbon in Denton County, Texas
WATER MAIN PARTICIPATION AGREEMENT o Arthur V and Rebecca G King PAGE 3
Arthur V and Rebecca G K~ng
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
WATER MAIN PARTICIPATION AGREEMENT .Arthur V end Rebecca G King PAGE 4
LOCATION MAP
REGENCY OAKS 12" WATER LINE
N
COUNTRY' VIP,\
/ EXISTING 16" WATERLINE
OVEEi=i~ FACILITIES
KILl 'qNY C"
/
× REGENCY OAKS
DEVELOPMENT
PROPOSED 12"~
EXTENSION
,,~. LOCATION
EXHIBIT I