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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