R-2021-182 - 7/8/2021RESOLUTION NO. R=2021=182
WHEREAS, Zoning and Development Code, Chapter 4, Article VI, Section 4m8O Code of
Ordinances (2018 Edition) provides that under certain conditions the City will furnish water and
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wastewater services outside of the city limits; and
WHEREAS, 5000 Li*mmer Loop Investments, LLC, the owner of record for property located
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at Limmer Loop,, Round Rock,, Texas, as shown i*n Exhibit "A" ("Property"), has requested that the
City furnish wastewater service to said Property,* and
WHEREAS, the Council hereby determines that the City has adequate capacity of wastewater
service available for the purpose of serving the Property without impairing services within the City;
and
WHEREAS, the owner of the Property must comply with all of the provisions of §4-80 with
respect to costs, construction standards, inspections, etcetera; and
WHEREAS, the owner of the Property must also comply with applicable subdivision and
platting statutes and ordinances, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That subj*ect to owner compliance with applicable subdivision and pI atting statutes and
ordinances, and pursuant to Zoning and Development Code, Chapter 4, Article VI, Section 4-80 Code
of Ordinances (2018 Edition) the City Council hereby approves the furnishing of wastewater service to
the Property, subject to the owners compliance with the requirements of said §4-80, at the rates
specified in §4m8O(b) of the Code, and in accordance with the Out -of -City Wastewater Service
Agreement described below, and
0112.20212; 00475425
BE IT FURTHER RESOLVED,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Out -of -
City Wastewater Service Agreement with 5000 Limmer Loop Investments, LLC, a copy of said
agreement being attached hereto as Exhibit "B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 5 51, Texas Government Code, as amended.
RESOLVED this 8th day of July, 2021.
ATTEST:
u4i-- % i6fA
SARA L. WHITE, City Clerk
CRAZG/MOR,Mayor
City of�Round k(ock, Texas
W
EXHIBIT
"A'
OUT -OF -CITY WASTEWATER SERVICE AGREEMENT
THIS OUT -OF -CITY WASTEWATER SERVICE AGREEMENT ("Agreement"), i
s
made and entered by and between 5000 LIMMER LOOP INVESTMENTS, LLC, a Nevada
limited liability company, referred to herein as the "Customer," and the CITY OF ROUND
Is ROCK, TEXAS a ho emrule municipality located in Williamson and Travis Counties, State of
Texas, referred to herein as the "City." The Customer and the City are hereinafter referred to
collectively as "the Parties,"' or individually as a "Party."
RECITALS:
WHEREAS, the Customer i's the owner of record of the property in Williamson County,
Texas, being more particularly described in the attached Exhibit "A" which is hereby
incorporated for all purposes ("Property"); and
WHEREAS, the Customer is developing four hundred fifty-eight (458) apartment units
with a clubhouse and pool; and
WHEREAS; the City has determined that it is desirable for the parties for the Property to
receive wastewater service from the Ciry notwithstanding the fact that the Property is outside the
Ci`ty's corporate limits, subject to the conditions set forth herein; and
WHEREAS, the City does not have an existing Out -of -City Wastewater Service
Agreement with the Customer to provide wastewater to the Property, and
WHEREAS, the Customer and the Ci*ty desire to enter into this Agreement to formalize
the terms by which the City will provide: 1) two hundred twenty-nine (229) living unit
equivalents of wastewater service for the apartment units at the Property; 2) three and one-half
(3.5) living unit of wastewater service for the clubhouse and maintenance building at the
Property, for a total of two hundred thirty-two and one-half (232.5) living unit equivalents of
wastewater servces, and
WHEREAS, pursuant to the Zoning and Development Code, Chapter 4, Article V1, Sec.
4m8O, Code of Ordinances (2018 Edition), City of Round Rock, Texas, the City Council hereby
determines that there is adequate capacity of wastewater treatment services available for the
purpose of servicing Customer without impairing services within the City, NOW, THEREFORE:
WITNESSETH0
:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, and the covenants and agreements hereinafter contained to be kept and
performed by the respective Parties hereto, it is agreed as follows*
00467784/ss2
Article I. Customer's Representations Under this Agreement
1.01 Wastewater Interceptor Extension. Customer w1*11 construct a 21-inch wastewater
interceptor on the Property (the "wastewater interceptor"), as described below:
(a) The wastewater interceptor will be constructed from the City's current
interceptor termination point to the northeast corner of the Property based on
an alignment approved by the City of Round Rock. Current wastewater
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nterceptor termination point i*s shown on Exhibit "B," attached hereto and
incorporated herein by reference, located at the northeast corner of the
Property and will have a minimum slope of 0.4%;
(b) Due to the depth and size of the wastewater interceptor, the Customer will
install five (5)mfoot diameter fiberglass manholes on the wastewater
Ik
interceptor'D
(c) Customer will pay for all the costs of design and construction of the
wastewater interceptor;
(d) The design of the wastewater interceptor must meet the City's Design and
Construction Standards;
(c) The wastewater interceptor will be permitted through the City's Development
Services Office;
(f) The construction of the wastewater interceptor will be i'nspected*by the Cl*ty
and upon completion of construction and inspection, the wastewater
interceptor will be accepted by the City for permanent maintenance, subject to
bonding requirements; and
(g) The Customer will grant the City a wastewater easement for the maintenance
of the wastewater line.
1.02 Customer shall comply with all requirements of the Zoning and Development
Code, Chapter 4, Article VI, Sec. 4=80, Code of Ordinances (2018 Edition), City of Round Rock,
Texas, regarding the famishing of sewer services outside the city limits, a copy of such Sec. 44m8O
being attached hereto as Exhibit "C," incorporated herein by reference. Failure to comply with
any of these requirements shall give the City the option of terminating this Agreement.
Article Il. Provision of,W,a,stewater Services
2.01 City agrees to sell Customer wastewater service as required by Customer for
domestic use on an as needed basis for apartment units and associated ancillary facilities located
on the Property,,
2.02 The wastewater service to be provided herein is for the Property as described in
Exhibit "A" and no other property.
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Article III. Rates and Fees
3.01 Prior to connecting to the Ci*ty's wastewater system, Customer agrees to pay City
a one-time wastewater connection fee of $300 855e00-a
Any additional service resulting from future additions built on the Property shalt require
Customer to pay additional impact fees in accordance with Zoning and Development Code,
Chapter 4, Article VI, Sec. 4m82, Code of Ordinances (2018 Edition), City of Round Rock,
Texas, and as may be amended from time to time.
3.02 Customer agrees to pay City for all wastewater services provided to Customer at
the rate authorized by Chapter 44, Article II, Sec. 4w34, Code of Ordinances {2018 Edition}, City
of Round Rock, Texas, as amended from time to time, applicable to customers located outside
the corporate limits of the City. Consistent with that provision, the volume charge shall be twice
the rate for commercial customers located within the corporate limits of the City. Because the
Property is served with water by Jonah Water Special Utility District (Jonah SUD), the
wastewater service will be calculated based on the Customer's average water consumption for
December, January, and February of each winter, as determined from Jonah SUDs water bills.
Customer agrees to provide the C*t), with copied of the aforesaid bills by April I , of each year.
3.03 The City shall render monthly bills to Customer for wastewater services.
Payment shall be made no later than the sixteenth (16`h) day following the mailing of the bill.
Failure by Customer to make a payment when and as specified will give the City the option to
terminate all obligations of the City under this Agreement.
3.04 Customer shall be subject to the penalty provisions for late payment as now exist
in Chapter 44, Code of Ordinances (2018 Edition), City of Round Rock, Texas, and as may be
amended from time to time.
Article N. Compliance with Ordinances
4.01 Customer agrees to comply with all of Cl*ty's ordinances as they now exist or may
be amended from time to time regarding the sanitary use of the wastewater treatment system.
4.02 Customer agrees to pay the one-time wastewater connection fee as set forth in
Sec. 3.01 above and to pay all other fees applicable to wastewater service.
4.03 Customer agrees and understands that the CI"ty"s willingness to provide
wastewater service to the Property is expressly contingent on the Property continuing to be used
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for its proposed uses, namely apartment units and ancillary uses to the apartment units.
Customcr shall not change or expand the existing uses without the express written consent of the
C144Y. which may be withheld for any reason. Any change or expansion of uses without the
IP
consent of the City will give the City the option of terminating this Agreement.,
Article V. Force Maj*eure
5.01 In the event either Party is rendered unable, wholly or i"n part, by force maj"eure to
carry out any of its obligations under this Agreement, then the obligations of that Party, to the
3
extent affected by the force majeure and to the extent that due diligence i's being used to resume
performance at the earliest practicable time, shalt be suspended during the continuance of the
i41 nability. The cause, as far as possible, shall be remedied with all reasonable diligence. The
term "force majeure 19 includes acts of God, strikes, lockouts or other industrial disturbances, acts
of the public enemy, orders of the government of the United States or the State of Texas or any
civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes,
fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and
people, civil disturbances, explosions, breakage or accidents to equipment, pipelines, or canals,
partial or entire failure of water supply, and any other inabilities of either Party, whether similar
to those enumerated or otherwise, that are not within the control of the Party claiming the
inability and that could not have been avoided by the exercise of due diligence and care. It is
understood and agreed that the settlement of strikes and lockouts shall be entirely within the
discretion of the Party having the difficulty and that the requirement that any force ajeure be
acceding to the demands of the opposing party if the settlement i*s unfavorable to it in the
judgment of the Party having the difficulty. Force aj*eure shall relieve City from liability to
Customer for failure to provide water service due to an inability covered by this article. Force
ajeure shall not relieve Customer of its obligation to make payments to City as provided in this
Agreement.
Article VI. Term
6.01 The initial term of this Agreement shall
the date hereof, and shall renew for automatic succe
following:
be for a term of twenty (20) years from
sive one (1) year terms, subject to the
(a) If at anytime during the initial term or subsequent terms of this
Agreement, the City of Hutto, Texas, chooses to provide wastewater
services to this Property, this Agreement shall automatically terminate.
(b) In the event of a default by the Customer, the City shall give the customer
written notice of default, and may terminate the Agreement if the default
is not cured within thirty (30) days after Customer's receipt of the written
notice.
6.02 This Agreement shall become null and void upon the annexation of the Property
by the City.
Article VII. Miscellaneous Provisions
7.01 Customer is prohibited from
herein to anyone else.
selling or giving wastewater service purchased
7.02 Customer shall be permitted to assign its right herein to a bona fide purchaser of
the Property as long as the intended use of the service and the Property remains the same or
similar.
El
7.03 This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and any and all actions brought to enforce the terms of this Agreement shall be
brought in Williamson County, Texas.
7,604 This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective heirs, executors, administrators, I egal representatives, successors, and
assigns where permitted by this Agreement.
7.05 In case any one or more of the provisions contained i*n this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable i*n any respect, such invalidity,
illegality, or unenforceabill"ty shall not affect any other provision thereof, and this Agreement
4P
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein,,
7.06 This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
7.07 The violation by Customer of any of Cl`ty's ordinances related to the use or
disposition of wastewater, or to subdivision, zoning, development or building ordinances, shall
render this Agreement voidable at the option of City.
IN WITNESS HEREOF, the parties have executed this Out of City Wastewater Service
Agreement in two (2) counterparts, each of which will be deemed an original* on this the
day of , 2021.
E�
5000 LIMMER LOOP INVESTMENTS, LLC,
a Nevada limited liability company
By: 5000 LLI, L.F.,
a Nevada limited partnership, sale Member
By: 5000 LLI-GenPar, L.P.,
a Nevada limited partnership,
General Pa
By • 00 LLI GP, LL ,
a Nevada limited ability
comp*y, Gener Peer
By: MarUg
lei,
Mang' Me e ^
and Exec e
Mcer
Customejes Address notice:
2505 Nitate Highway 350,
Grand Prairie, Texas 75050
6
Attest:
Sara i te, Cl'ty Clerk
me
For City, Approved as to Form:
Stephan L. Sheets, City Atto ey
CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan, Mayor
01i
EXHIBIT
Proper
ty
EN(VI NEERS
MACINA • BOSE • COPELAND and ASSOCIATES, INC
CONSULTING ENGINEERS AND LAND SURVEYORS
103S Central Parkway North, San Antonio, Texas 78232
(2101 54S-1122 FAX 12101 54S-9302
TBPE Firm Registration #794 1 TBPtS Firm Registration 91001 1700 1 SSE Certified #214046463
www.mbcengineers.com
METES AND BOUNDS DESCRIPTION OF
A 79.41 ACRE TRACT OF LAND, SITUATED IN THE WILLIAM DUNN SURVEY,
ABSTRACT NUMBER 196, WILLIAMSON COUNTY, TEXAS; BEING ALL OF A 5.00
ACRE TRACT OF LAND SITUATED IN WARRANTY DEED WITH VENDOR'S LIEN
RECORDED IN VOLUME 2176, PAGE 749, OFFICIAL PUBLIC RECORDS, WILLIAMSON
COUNTY, TEXAS; BEING ALL OF TRACT 1: A 24.021 ACRE TRACT OF LAND AND
ALL OF TRACT 2: A 20.408 ACRE TRACT OF LAND DESCRIBED IN SPECIAL
WARRANTY DEED RECORDED IN DOCUMENT NUMBER 2020166900, OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; BEING ALL OF TRACT 1: A.
10.023 ACRE TRACT OF LAND AND ALL OF TRACT 2: A 10.017 ACRE TRACT OF
LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN DOCUMENT
NUMBER 2020166901, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS;
AND ALL OF A 9.96 ACRE TRACT OF LAND DESCRIBED IN GENERAL WARRANTY
DEED RECORDED IN DOCUMENT NUMBER 2020166201, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 79.41 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES .AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2- inch Iron Rod found marking the most Northerly corner of a 10. 0062
Acre Tract described in General Warranty Deed recorded in Volume 2518, Page 130, Official
Public Records, Williamson County, Texas and marking the Northwesterly corner of said 24.021
Acre Tract of land;
THENCE-N 680 25t 24" E a distance of 527.88 feet, along the Northwesterly boundary line of
said 24.021 Acre Tract to a 1/2-inch Iron Rod Found marking the most Westerly corner of said
5.00 Acre Tract of land;
THENCE N 680 29' 5 1 " E a distance of 165.68 feet, along the Northwesterly boundary line of
said 5.00 Acre Tract of Land to a 1/2-Inch Iron Rod Found;
THE NCE N 680 34' 34" E a distance of 359.07 feet, continuing along the Northwesterly
boundary lime of said 5.00 Acre Tract of Land to a 1/2-Inch Iron Rod Found marking the most
Northerly corner of said 5.00 Acre Tract;
THENCE S 210 42" 44" E passing at a distance of 108.33 feet, a 1/2-Inch Iron Rod Found
marking the Northwesterly corner of a 5.0133 Acre Tract of Land described in General Warranty
Deed recorded in Document Number 2020079305, Official Public Records, Williamson County,
Texas, continuing for a total distance of 414.34 feet, along the Northeasterly boundary line of
said 5.00 Acre Tract of land to a 1/2-Inch Iron Rod Found marking the most Easterly comer of
said 5.00 Acre Tract of land and marking the Northeasterly corner of said 24.021 Acre Tract of
land;
THENCE S 210 37' 48" E passing at a distance of 184.88 feet, a 1/2-inch Iron Rod Found
marking the most Southerly comer of said 5.0133 Acre Tract, continuing along the
Page 1 of 3
P:1Williamson132460-Mansions Hutto\Letters179.41 Acre M&B-32460.docx
Southwesterly boundary line of a 5.00 Acre Tract, descri*bed 1'n WmTanty Deed recordeci 'in
Docu ent Number 2005048414.1WilliamsonOfficial Public Texas; and along
the Southwesterly boundary line of a 3.971 Acre Tract Described 1"n Warranty Deed with
Vendor's Lienrecorded "in Document Number 2013034104 Public Records,
Williamson County, Texas a total distance of 77U.fid feet to a 1/2-inch Iron Rod Found marking
the Southwesterly corner of said 3.9i1 Acre Tract, and being the Northwesterly corner of a 5.003
Acre Tract of land described in Wanazrty Deed with Vendor's Lien recorded xis Document
Number 2019007190,
Official Public Records
Williamson County, Texas;
THENCE S 210 34' 25" E a distance of 26.98 feet, along the Westerlyboundaryline f said
o
5.003 Acre Tract, to a 1/2-inch Iron Rod Found marking the Southeasterly corner of said 24.021
Acre Tract and marking the most Northerly comer of said 9.96 Acre Tract;
THENCE S 2 1'D 38' 42" E a distance of 1226.94 feet to a 1/2-inch Iron Rod with cap stamped
114 UBC Engineers" Set marking the most Easterly comer flf said 9.96 Acre Tract, and marking the
most Northerly corner of a 9.79 Acre Tract of land described in Warranty Deed with Vendor's
Lien recorded in Document Number 2412041156, Official Public Records, Williamson County,
Texas;
THENCE S 68° 17' 38" W passing at a distance of 236.00 feet, a 1/2-inch Iron Rod Found
marking the most Westerly comer of said 9.79 Acre Tract and being the most Northerly comer
of a 9.953 Acre Tract of land described in Warranty Deed with Vendor's Lien recorded in
Document 2001092723, Official Public Records, DJilliamson County, Texas,, continuing along
the Northwesterly boundary line of said 9.953 Acre Tract for a total distance of 484.37 feet to a
1/2-inch uon Rod Found marking the most Westerly coiner of said 9.953 Acre Tract and being
the most Northeasterly comer of said 20.408 Acre Tract of land;
THENCE S 21° 36' 35" E a distance of 1662.86 feet, along the Westerly boundazy line of said
9.953 Acre Tract of land, to a 1/2-inch Iron Rod Found on the Northerly right of way line of
County Road 109 (Limmer Loop), a variable width public right of way marking the
beingaSouthwesterly comer of said 9.953 Acre Tract of Landand the Southeasterly comer of said
20.408 Acre Tract of land;
THENCE S 87° 3 S4" W a distance of 601.41 feet along the Northerly right of way line of said
County Road 109 to a 1/2-inch Iron Rod Found marking the Southwesterly comer of said 20.408
Acre Tract of land;
THENCE N 21'0 41' 25" W a distance of 753.05 feet, departing the Northerly right of way line
of said County Road 109, along the Northeasterly boundary line of a 27.896 Acre Tract of land
descrl'bedi"n Warranty Deed wiffi Vendor's Li"Jen, recorded M*Document Number 2005020886,
1h
Official Public Records, Williamson County, Texas, to a 1/2-inch Iron Rod Found,,
THENCE N 21 " 29' 42" W a distance of 711.54 feet, to a 1/2-inch Iron Rod Found marking the
most Northerly corner of said 27.89 Acre Tract, being the most easterly corner of a 24.953 Acre
Page 2 of 3
P:1Wi11iamson132360-Mansions HunolLettas179.41 Acre MdtB-32460.dacx
9 killAWEE112
Tract described 'in General Warranty Deed recorded in Document Number 2046092942, Official
Public Records, Williamson County, Texas and being tlae Northwesterly corner of said 20.408
Acre Tract of land and the Southwesterly comer of said 10.023 Acre Tract of land;
THENCE N 210 48' 12" W a distmaice of 684.58 feet, along the Southwesterly boundary line of
0
said 10.023 Acre Tract, to a 1/2-inch Iron Rod Found mazking the most Easterly corner of a
5.231 Acre Tract, described in General Warranty Deed with Vendor's Lien, recorded in Volume
2135, Page 955, Official Public Records, Williamson County, Texas; and being the most
Northerly corner of said 24.953 Acre Tract;
THENCE N 210 37' 37" W passing at a distance of 563.16 feet, a 1/2-inch Iron Rod Found
marking the most Northerly corner of said 5.231 Acre Tract., being the most Easterly coiner of
said 10.023 Acre Tract, and being the Southwesterly corner of said 24.021 Acre Tract of Lazzd
passing at a distance of 613.01 feet a 1/2-inch Iron Rod Foundmarking the most Easterly comer
of sal*d 10.0062 Acre Tract continui*ng along the Northeasterl boundary line said 10.0062
Y
Acre Tract, a total distance of 743.18 feet to a 1/2-inch Iron Rod Found;
00
THENCE N 210 3b' 48" W a distance of 1008.b6 feet continuing along the Northeasterly
boundary line of said 14.0062 Acre Tract, to the POINT OF BEGINNING, and containing
79.41 Acres more or less, as surveyed by Macina, Bose, Copeland, and Associates, Inc.
instrument.
Note,: A Surveyv Sketch that 19s made a pmt hereof and shall acco== this
Joel Clu'fian fohnson, R,PvLrS9
TBPLOSirm Registration 10011700
14
Date., June 1,, 2021
Job No!, 32464-Williamson
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Page 3 of 3
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EXHIBIT "C"
Zoning and Development Code, Chapter 4, Article VI, Sec. 4-80
Sec. 4=Z0P - Furnishing of water, reuse water, and sewer services outside city limits.
(a) Condflions under which city services will be provided., The city shall furnish water, sewer and/or
reuse water services to residential and commercial users located outside the city limits only upon the
following conditions:0
{1) Adequate capacity existexists.There is adequate capacity of city services available for the purpose
of servicing residential and commercial users outside the city without impairing services within
the city. Whether such adequate capacity exists shall be determined solely by the city council,
and the determination of the city council shall be final.
(2) Owners outside city limits to bear costs of lines and furnish easements,, The construction costs
of water, sewer and/or reuse water lines and appurtenances which serve residential and
commercial users outside the city limits shall be paid for by the owner, developer, or political
entity requesting the service,, Such owner, developer, or political entity shall also furnish suitable
construction and permanent easements and rights -of -way for utility lines.
(3) Construction to conform to city standards,, All design and construction shall be in accordance
with city standards and specifications.
(4) New subdivisions to comply with subdivision regulations. New subdivisions recorded after the
date of passage of this section desiring city water, sewer and/or water reuse services shall
comply with the subdivision regulations of the City of Round Rock, Texas, in effect at the time
such new subdivision is approved. Existing subdivisions whose plats were recorded with the
County Clerk of Williamson County, Texas, at the time of the passage of the original Ord. No.
269 (January 8, 1976) can be furnished with water and sewer services without the necessity of
having sanitary sewer collection and treatment facilities.
(5) City to have right of review. The city shall have the right to review and approve all plats and
plans and inspect and approve all water, sewer and/or reuse water construction within
subdivisions where water, sewer, and/or reuse water service is to be provided,,
(6) Water and sewer facrlity requirements. Except as provided in subsection (4) of this section, all
residential and commercial users shall have sanitary sewer collection and treatment facilities.
Water will not be provided to residential and commercial users who utilize septic tanks save and
except water can be provided to subdivisions whose plats were recorded with the County Clerk
of Williamson County, Texas, at the time original Ord. fVo. 269 was adopted (January 8, 1976)4b
(7) Water, sewer, and/or reuse water lines to meet ultimate requirements of city. Where water,
sewer, and/or reuse water lines and appurtenances are extended outside the city limits, the
lines shall be sized to serve the ultimate requirements of the city.
(8) Extended lines to be designed and inspected by city's engineer. All water, sewer, and/or reuse
water lines and appurtenances extending from existing city facilities to any tract of land outside
the city limits requesting water, sewer, and/or reuse water service shall be designed and
inspected by the cfty's engineer. The owner, developer, or political entity requesting the service
shall pay for these services in keeping with the current contract between the city and the
engineer employed by the city.
IGN City may reimburse owner for oversized lines. Where the size of the water, sewer, and/or reuse
water lines required to meet the ultimate requirements for the city is larger than eight inches and
the total capacity is not required to serve the tract of land to be developed, the city may enter
into a contract with the owner, developer, or entity constructing the lines for reimbursement for
the excess capacity as other users request and are granted service. The developer or entity
requesting service from an existing line shall pay a tap fee on a pia rats basis,, as hereinafter
set forth., The reimbursement to the owner, developer, or entity who paid for the line
construction shall be made only from those tap fees paid to the city by users of the facility paid
for by the said owner, developer, or entity.
(10) Pro rata basis for tap fee.. The pro Bata basis for the tap fee shall be computed based upon the
required demand for use and the fire protection as specified by the engineering criteria
approved by the city's engineer. The basis for cost shall be the actual total cost of the facility
plus five percent (5%) interest,, The total cost shall include, but shall not be limited to,
0
construction costs, engineering costs, andinspection costs.
(11) Wholesale bulk rate sales of water. Facilities constructed and paid for by another public entity or
facilities which will later be acquired by a public entity may be owned, operated, and maintained
by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk
Is
rate,, The city shall own, operate, and maintain all other facilities.
(b) Rates. The rates paid by residential and commercial users located outside the city limits for the use
of the water, sewer, and/or reuse water facilities of the city shall be in accordance with sections 44m
323 44d=33, and -34 of the Code of Ordinances.