HomeMy WebLinkAbout290 10-11-1966ORDINANCE NO. 290
AN ORDINANCE AMENDING SECTION 3(a) AND 3(b) OF
ORDINANCE NO. 275 PERTAINING TO POLICIES AND
PROCEDURES FOR THE MAINTENANCE, IMPROVEMENT AND
EXTENSION OF THE MUNICIPALLY OWNED WATER AND SEWER
SYSTEM BY THE ADOPTION OF AMENDED CITY- DEVELOPER
AGREEMENTS, DEVELOPER'S PERFORMANCE BOND, AND
CONTRACTOR'S MAINTENANCE BOND FORMS; PROVIDING A
PENALTY; PROVIDING A SEVERANCE CLAUSE; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Consulting Engineer has advised the City of Euless by
letter dated September 16, 1966, that clarification and amendment of certain
water and sewer extension_ forms is required, and
WHEREAS, the Consulting Engineer has recommended the adoption of re-
vised City - Developer Agreement, Developer's Performance Bond and Contractor's
Maintenance Bond as set forth in Section 3(a) and 3(b) of the Policies and
Procedures governing maintenance, improvement and extension of municipally
owned water and sewer system as adopted by Ordinance No. 275 , and
WHEREAS, the Euless City Council has determined that such amendment,
clarification and revision is necessary to the proper operation and perform-
ance of water and sewer extensions to the municipally owned water and sewer
system;
NOW, THEREFORE, BE IT ORDAINED BY THE EULESS CITY COUNCIL OF
EULESS, TEXAS:
Section 1
That Sections 3(a) and 3(b) of the Policies and Procedures for the
maintenance, improvement and extension of the municipally owned water and
sewer system as adopted by Ordinance No. 275 be, and the same is hereby
amended by the adoption of the revised City - Developer Agreement, Developer
Performance Bond and Contractor`.Maintenance Bond forms, copies of which
revised forms are attached to this Ordinance as an Exhibit and are by reference
incorporated herein. The same shall hereafter be those forms required by the
City in utility extension procedures.
Section Il
All Ordinances and parts of Ordinances inconsistent herewith are
hereby repealed.
Section III
Every section of this Ordinance and every provision of each section is
hereby declared to be an individual section or provision and the holding of
any section or provision of any section to be void, ineffective or unconstitutional
for any cause whatsoever shall not be deemed to affect any other section or
provision hereof.
Section IV
Any person violating any of the provisions of this Ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
in any sum not more than $200.00. Each day a violation under this Ordinance
continues shall constitute a separate and distinct offense.
PRESENTED and given First Reading on the 27th day of September,
1966, at a Regular Meeting of the City Council of the City of Euless,
Texas, and given Second Reading, passed and approved on the 11th day of
nctnhPr , 1966, by a vote of _3 ayes and 0 nays at a Regular
Meett'n- of the City Council of the City of Euless, Texas.
ATTEST:
CITY SECRETARY
APPROVED:
MAYOR
CITY - DEVELOPER AGREEMENT
THE STATE OF TEXAS �
COUNTY OF X
KNOW ALL MEN BY THESE PRESENTS:
That an individual D.B.A.
1 aws of
(or) a Corporation organized under the
(or) a Partnership consisting of
of the County of ,
State of , hereinafter called Developer, and the
City of Euless, Tarrant County, Texas, hereinafter called City, enter into the
following contract:
In consideration of the mutual covenants herein contained and for the
purpose of providing water and sewerage service to the
increment of the addition to the
City of Texas, as filed of record in Volume ,
P1ge of the Plat Records of Tarrant County, Texas, (or if not yet
filed, as shown on the plat attached hereto) the parties hereto do agree:
1. (a) The Developer agrees to pay the City an inspection and processing
fee in amount of 2% of the construction cost of the facilities required to
serve his subdivision, and in addition, at no cost to the City, to have
complete construction plans, specifications and other Contract Documents,
prepared by a registered professional engineer who will also furnish con-
struction layout, cut sheets and field adjustments;
or:
1. (b) The Developer agrees to pay the City a fee in amount of 7% of the
construction cost for which the City will furnish the complete Engineering
Services for installation of water and sewerage facilities. (MARK OUT THE
ALTERNATE 1. (a) or 1. (b) NOT APPLICABLE.)
2. The Developer agrees to furnish all permits, easements, rights -of -way
or other sites necessary for the project at no cost to the City, or to
reimburse the City for all costs incurred if such items are acquired by the
City.
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3. (c) The Developer agrees to enter into a City's Standard "Developer -
Contractor Agreement" to have the required water an4 sewerage facilities
installed in accordance with City's standard requirements and Developer
will furnish his "Developer's Performance Bond" to end in favor of the
City of Euless in amount equ,_1 to the total contract cost of constructing
such facilities; such Bond to be so conditioned to assure the City that
the Developer will per-iorm all his obligations as fixed by this "City -
Developer Agreement" and the aforementioned, "Developer- Contractor Agreement ";
and that he will also hold all his obligors under said agreements bound to
fulfill their obligations. The Contractor shall also be required to furnish
to and in favor of the City of Euless the Maintenance Bond, either by unused
balance of cumulative blanket type Bond or by separate Bond for this specific
Contract.
or:
3. (b) The Developer agrees to post with the City a cash deposit to be
placed in escrow or an "Irrevocable Commercial Letter of Credit" in amount
equal to the total construction cost, and the City will enter into Contract
with a Contractor who will perform the work and be paid by the City from the
deposit or letter of credit posted by the Developer. (MARK OUT ALTERNATE 3.
(a) or 3. (b) NOT APPLICABLE.)
4. Developer understands and agrees that he has no authority to cancel,
alter or amend the terms of the construction contract without specific
written authority of the City and that he shall be responsible for paying
the costs of any cancellations, alternations or amendments to the Contract
unless specifically provided otherwise by written authorization from the
City.
5. The City will participate in the cost of oversizing portions of the
facilities as follows:
b. The Developer will be eligible for refunds in accordance with standard
policy of the City on "Boundary" and /or Off -Site facilities as follows:
7. The City will provide the inspections as required and upon satisfactory
completion of the work,the City will accept ownership and operation of the
system.
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8. Upon completion of the work, the Developer will deliver good and sufficient
title to all facilities constructed warranted free of any liens or encumberances.
IN WITNESS WHEREOF, the parties to these presents have executed this
Contract in three (3) counterparts, each of which shall be deemed an original
on this the day of , 19
(SEAL)
SEAL
ATTEST;
Developer
By
City
By
City Secretary MAYOR
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THE STATE OF TEXAS X
COUNTY OF X
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledges to me that he executed the same for
the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this DAY OF
A.D., 19
3 of 3
Notary Public,
County, Texas
DEVELOPER'S
PERFORMANCE BOND
fhlt Z$lATE OF X
COUNTY OF X
KNOW ALL MEN BY THESE PRESENTS: That
NAME OF DEVELOPER
a
CORPORATION, PARTNERSHIP, ETC.
of hereinafter called
(DEVELOPER'S ADDRESS
PRINCIPAL and
NAME OF SURETY AND ADDRESS
, State of
and authorized to transact the business of SURETY in
the State of Texas, hereinafter called the SURETY, are held and firmly bound
unto THE CITY OF EULESS, TEXAS, hereinafter called CITY in the penal sum of
100--A OF WATER AND SEWER CONSTRUCTION COST
Dollars ($ ), in lawful money of the United States, to be
paid in Tarrant County, Texas, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, assigns and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the PRINCIPAL
entered into a "City - Developer Agreement ", dated
A.D., 19 , under which agreement PRINCIPAL is bound to enact and
perform other separate actions necessary for the installation of water and
sewerage facilities to serve the
increment of the
addition to the City of , Texas,
such separate required actions being primarily evidenced by the '- Developer-
Contractor Agreement ", dated A.D., 19 _,
between PRINCIPAL and ;
NAME OF CONSTRUCTION CONTRACTOR
NOW THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform
its duties, all the undertakings, covenants and obligations of said "City -
Developer Agreement" which particularly includes the enactment and performance
of the aforementioned " Developer - Contractor Agreement" and further requires
that the PRINCIPAL holds all its obligors under said "Developer- Contractor
Agreement" firmly bound to specific performance of such agreement, then this
obligation shall be void; otherwise to remain in full force and effect,
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PROVIDED FURTHER, that if ., y l L ,q a l :c t i on be filed upon this bond,
venue shall lie in Tarrant County, Texas, and the said SURETY, for value
received hereby stipulates and agrees that no change, alteration or addition
to the terms of the Agreement shall in any wise affect its obligation on
this bond, and it does hereby waive notice of such change, alteration or
addition to the terms of the Agreement.
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts,
each one of which shall be deemed an original this day of ,
A.D., lg
ATTEST:
Princ pal Secretary
Witness as to Principal
Address
ATTEST:
Surety Secretary
(SEAL)
Address
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PRINCIPAL
By:
Address:
SURETY
By.
Attorney -In -Fact
NOTE: POWER OF ATTORNEY OF SURETY
MUST BE ATTACHED.
BLANKET
STATE OF
COUNTY OF
E BOND
1116LI
(CITY OF EULESS FILE NO. )
KNOW ALL MEN BY THESE PRESENTS: That
NAME OF CONTRACTOR
as principal, and
NAME OF SURETY
a corporation organized under the laws of
as Sureties do hereby expressly acknowledge themselves to be held and
bound to pay to the CITY OF EULESS, TEXAS, a municipal corporation,
the sum of TEN THOUSAND DOLLARS ($10,000.00) Lawful money of the United
States of America, for the payment of which Principal and Surety bind
themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents. This obliga-
tion is conditioned, however, that,
In connection with any and all water and sewer installations in-
stalled by the Principal within the City Limits of the City of Euless
or any such installations elsewhere that are to be or became a part of
the Water and /or Sewerage System owned by the City of Euless, Texas,
excepting only such installations that are covered by another separate
Maintenance Bond of the Principal,
WHEREAS, in making such installations, Principal binds itself to
use of materials and methods of construction such that improvements will
be initially completed free of perceptible defects and will remain in
good repair and condition and free of perceptible defects for and during
the period of TWO (2) YEARS after the date of acceptance of the com-
pleted improvements by the City; and,
WHEREAS, Principal binds itself to construct said improvements in
such manner and obtain inspection approvals in proper sequence as are
required to obtain acceptance by the City and to repair or reconstruct
the said improvements in whole or in part at any time within said TWO (2)
YEARS period to such extent as the City deems necessary to properly
correct all defects except those which have been caused by circumstances
and conditions occurring after the time of construction over which the
Contractor had no control and which are other than those arising from
defect of construction by the Principal; and,
WHEREAS, after the
Principal binds itself,
need therefor to repair
Contractor fails to mak,
may do or have done all
hereon for all expenses
acceptance of the improvements by the City,
upon receiving notice from the City of the
or reconstruct said improvements and if the
a the necessary corrections, the City of Euless
said corrective work and shall have recovery
thereby incurred.
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Contractorls Maintenance Bond
Blanket Type, Cumulative
NOVI, THEREFORE, if said Principal shall keep and perform its said
agreement to repair or reconstruct said water and /or sewer line in
accordance with all the terms and conditions of this obligation, these
presents shall be null and void and have no force or effect. Otherwise,
this bond shall be and remain in full force and effect, and said City,
as their interests may appear, shall have and recover from the said
Principal and its Surety damages in the premises as prescribed by this
obligation.
This obligation shall cover only those installations on which the
Construction contract is executed and the Work Order issued during the
period of one (1) year from the date of execution hereof.
The Surety or the Principal on this obligation may terminate
liability hereunder as to future water and/or sewer installations not
under construction at the time of notice by giving thirty (30) days
notice in writing to the City of Euless, Texas.
IN WITNESS WHEREOF, this instrument is executed this
day of , A. D., 19
ATTEST:
PRINCIPAL
(Principal) Secretary By:
Address:
Witness as to Principal
Address
ATTEST:
SURETY
By.
Attorney-In-Fact
Address:
Surety Secretary NOTE: POWER OF ATTORNEY OR SURETY
(SEAL) MUST BE ATTACHED.
* * * :c * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LIST OF CONSTRUCTION APPLIED AGAINST THE BOND:
Date of Contract Work Order Amount Cum. Total
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