Contract - 5000 Limmer Loop Investments - 7/8/2021OUT -OF -CITY WASTEWATER SERVICE AGREEMENT
THIS OUT -OF -CITY WASTEWATER SERVICE AGREEMENT ("Agreement"), is
made and entered by and between 5000 LIN1MER LOOP INVESTMENTS, LLC, a Nevada
limited liability company, referred to herein as the "Customer," and the CITY OF ROUND
ROCK, TEXAS a homemrule 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."
RECITALS0
:
WHEREAS, the Customer is 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");0
and
WHEREAS, the Customer is developing four hundredfifty-eightiy�eght (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 City notwithstanding the fact that the Property is outside the
city 9 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 City 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 services, and
WHEREAS, pursuant to the Zoning and Development Code, Chapter 4, Article VI, 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:
WITNESSETH,
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 will 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
interceptor termination point is 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%41
(b) Due to the depth and size of the wastewater interceptor, the Customer will
install five (5)mfoot diameter fiberglass manholes on the wastewater
interceptor;
(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;
(e) The wastewater interceptor will be permitted through the City's Development
Services Office;
(f) The construction of the wastewater interceptor will be inspected by the City
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. 4m8O, Code of Ordinances (2018 Edition), City of Round Rock,
Texas, regarding the furnishing of sewer services outside the city limits, a copy of such Sec. 4m8O
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 II. Provision of Wastewater 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 i*n
Exhibit "A" and no other properly.
�a
Article III. Rates and Fees
3.01 Prior to connecting to the City's wastewater system, Customer agrees to pay City
a one-time wastewater connection fee of $300 855.0040
Any additional service resulting from future additions built on the Property shall require
Customer to pay additional impact fees i*n accordance with Zoning and Development Code,
Chapter 4, Article VI, Sec. 4m82, Code of Ordinances (2018 Edition), City of Round Rock,
Texas, and as maybe 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. 4m34, 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 SUD's water bills.
Customer agrees to provide the City with copied of the aforesaid bills by April 1, of each year.
3,003 The City shall render monthly bills to Customer for wastewater services.
Payment shall be made no later than the sixteenth (16th) 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 IV. Compliance with Ordinances
4.01 Customer agrees to comply with all of City'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 City's willingness to provide
wastewater service to the Property is expressly contingent on the Property continuing to be used
for its proposed uses, namely apartment units and ancillary uses to the apartment units.
Customer shall not change or expand the existing uses without the express written consent of the
City, which may be withheld for any reason. Any change or expansion of uses without the
consent of the City will give the City the option of terminating this Agreement.
Article
V. Force
5.01 In the event either Party i*s rendered unable, wholly or in part, by force ma eure to
carry out any of its obligations under this Agreement, then the obligations of that Party, to the
V-�
extent affected by the force majeure and to the extent that due diligence is being used to resume
performance at the earliest practicable time, shall be suspended during the continuance of the
inability. The cause, as far as possible, shall be remedied with all reasonable diligence,, The
term "force majeure" 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 i*s
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 majeure be
acceding to the demands of the opposing party if the settlement is unfavorable to it in the
judgment of the Party having the difficulty. Force majeure shall relieve City from liability to
Customer for failure to provide water service due to an inability covered by this article. Force
majeure shall not relieve Customer of its obligation to make payments to City as provided i*n this
Agreement.
Article VI. Term
6.01 The initial term of this Agreement shall be for a term of twenty (20) years from
the date hereof, and shall renew for automatic successive one (1) year terms, subject to the
following:
(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 i*f 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 selling or giving wastewater service purchased
herein to anyone else.
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.
4
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.
7.04 This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective heirs, executors, administrators, legal representatives, successors, and
assigns where permitted by this Agreement.
7.05 In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement
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 City's ordinances related to the use or
disposition of wasteaterw, 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
Agieement in two (2) counterparts, each of which will be deemed an origi nal on this the
day of
2021 *
G
5000 LIMMER LOOP INVESTMENTS, LLC,
a Nevada limited liability company
By: 5000 LLI, L.P.,
a Nevada limited partnership, sole Member
By: 5000 LLI-GenPar, L.P.,
a Nevada limited partnership,
General Partner
By: 00 LLI GP, LC,
a Neva limite' liability
compa , Gene 1, 1 Partner
By: Marcuk Hil s,
Mana g Pemmyban hi xe
fficer
Custo er's Address for Notice:
2505 North State Highway 360,
Grand Prairie, Texas 75050
R
CITY OF OUND RO K. TEXAS
By:
Craig organ ayor
Attest:
wgjg 4 C'*
Sara Whi e, City Cler
For Cit proved as to orm:
v
Stephan . Sheets, City Attorney
This Page is too large to OCR
EN
I N E E R S
MACINA* BOSE* C-OPELAND and ASSOCIATESINC
CONSULTING ENGINEERS AND LAND SURVEYORS
1035 Central Parkway North, San Antonio, Texas 78232
(210) 5454 122 FAX (2101 545m9302
TBPE Firm Registration #784 I TBPLS Firm Registration #10011700 I SBE 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 2176111111 PAGE 749,lillllll OFFICIAL PUBLIC RECORDS, WILLIAMSON
COUNTY, TEXAS; BEING ALL OF TRACT 1: A 24.021 ACRE TRACT OF LAND AND
ALL OF TRACT 21,p A 20.408 ACRE TRACT OF LAND DESCRIBED IN SPECIAL
WARRANTY DEED RECORDED IN DOCUMENT NUMBER 2020166900 OFFICIAL
PUBLIC RECORDS., WILLIA.MSON COUNTY, TEXAS; BEING ALL OF TRACT I A
10.023 ACRE TRACT OF LAND AND ALL OF TRACT 2@4 A 10.017 ACRE TRACT OF
LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN DOCUMENT
N 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 202016620 OFFICIAL PUBLIC
RECORDS, L AMS 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
th
Acre Tract described in General Warranty Deed. recorded in Volume 2518. Page 130 Official
Public Records, Williamson County, Texas and m the Northwesterly corner of said 24.021
Acre Tract of land;
THENCE•N 680 2524" 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 o 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;
THENCE N 680 34' 34" E a distance of 359-07 feet, continuing along the Northwesterly
boundary .line 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 i*n 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 corner of
said 5.00 Acre Tract of land and marking the Northeasterly corner of said 24.021 Acre Tract of
land;
THENCE S 21° 37' 48" E passing at a distance of 184.88 feet, a 1/2-inch Iron Rod Found
marking the most Southerly corner of said 5.0133 Acre Tract, continuing along the
Page lof3
0
PAWi1fiamson\32460-,Mans ions Hutto\Letters\79A1 Acre M&B-32460.docx
Southwesterly boundary line of a 5.00 Acre Tract, described in Warranty Deed recorded in
Document Number 2005048414, Official Public Records, Williamson County, Texas, and along
the Southwesterly boundary line of a 3.971 Acre Tract Desci7bed in Warranty Deed with
Vendor's Lien, recorded 'in Document Number 2013034104,Official Public Records,
Williamson County,Texas a total distance of 770.66 feet to a 1/2-inch Iron Rod Found maxlcing
Tie%
the Southwesterly comer of said 3.971 Acre Tract, and being the Northwesterly comer of a 5.003
Acre Tract of land described in Warranty Deed with Vendor's Lien recorded in Document
Number 2019007190, Official Public Records, Williamson County, Texas',
THENCE S 210 34' 25" E a distance of 26.98 feet, along the Westerly boundary line of said
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 210 38' 42" E a distance of 1226.94 feet to a 1/2-inch Iron Rod with cap stamped
cc ' the
the most Easterly comer of sai"d 9.96 Acre Tract, and markingMBC Engineers"
most Northerly comer of a 9.79 Acre Tract of land described in Warranty Deed with Vendor's
Lien recorded in Document Number 2012041156, Official Public Records, Williamson County,
Texas;
THENCE S 68° 17' 38" W passisng 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 '
Document 2001092723, Official Public Records, Williamson 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 Iron Rod Found marking the most Westerly comer of said 9.953 Acre Tract and being
the most Northeasterlycorner of said 20.408 Acre Tract of land*
THENCE S 21'0 36' 35" E a distance of 1662.86 feet, along the Westerly boundary line of said
9.953 Acre Tract of land to a 1/2-inch Iron Rod Found on the Northerly nght of way I e of
County Road 109 (Lm*mer Loop)a variablewidth public right of way marking the
Southwesterly corner of said 9.953 Acre Tract of Land and being the Southeasterly comer of said
20.408 Acre Tract of land;
THENCE S 87° 38' S4" W a distance of 601.41 feet along the Northerly right of way line of said
so
County Road 109 to a 1/2-inch Iron Rod Found marking the Southwesterly comer of said 20.408
Acre Tract of land; 0%
THENCE N 210 41' 25" W a distance of 753.05 feet, departi'ng the Northerly ri*ght of way li*ne
of sal"d County Road 109 alongrthe Northeasterly boundary line of a 27.896 Acre Tract of land
4;w
described in Warranty Deed with Vendor's Lien, recorded in Document Number 2005020886,
Official Public Records., Williamson County, Texas, to a 1J2-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
FBI 0
P:1Williamson132460-Mansions HuttolLetters179.41 Acre M&B-32460.docx E N V �14 E�e �n�
it
Tract described in General Warranty Deed recorded in Document Number 2006092942, Official
Public Records., Williamson County,, Texas and being the Northwesterly corner of said 20.408
Acre Tract of land and the Southwesterly comer of said 10.023 Acre Tract of land,
THENCE N 21° 48' 12" W a distance of 689.58 feet, along the Southwesterly boundary line of
said 10.023 Acre Tract., to a 1/2-inch Iron Rod Found marking the most Easterly corner of a
5.231 Acre Tract, described in General Wa.iranty 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 comer of said 5.231 Acre Tract, being the most Easterly comer of
said 10.023 Acre Tractbeing the Southwesterly comer of said
and 24.021 Acre Tract of Land
distance passing at a of 613.01 feet a 1/2"inch Iron Rod Found Marldng the most Easterly comer
of s 'd 10.0062 Acre Tract.1continuing alongNortheasterlyboundaryline ofthe said 10.0062
Acre Tract, a total distance of 743.18 feet to a 1/2-inch Iron Rod Found*
THENCE N 210 36' 48" W a distance of 1008.66 feet continuing along the Northeasterly
boundary line of said 10.0062 Acre Tract, to the POINT OF BEGINNING,, and containing
79.41 Acres more or less17 ras surveyed by Macina., Bose Coeland2 and. Associ'atesInc.
Note: A Survey Sketch that 'is made apart hereof and shall accompany this instivrnent.
Joel C I tian�'ohnson, P.L.So
TBPLS i* 10011700
Date: June 1, 2021
Job No: 3.2460-Williamson
Page 3 of 3
P:\Williamson132460-Mansions Hutto\Lettersl79.41 Acre M&B-32460.docx
SURVEYORS NOTES:
1. BEARINGS ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM CENTRAL ZONE,
NAD 83.
2. NO IMPROVEMENTS SHOWN. BOUNDARY EXHIBIT ONLY. CALL 811 FOR UTILITY LOCATES
PRIOR TO CONSTRUCTION.
3. THIS BOUNDARY EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE
COMMITMENT. AND DOES NOT SHOW ALL EASEMENTS OR OTHER MATTERS THAT AFFECT'S
THIS PROPERTY.
N 68°29'S1" E
4. METES AND BOUNDS DESCRIPTION PREPARED ON THE SAME DATE SHALL ACCOMPANY 165.68' N
�°
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THIS EASEMENT EXHIBIT.
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SPECIAL WARRANTY DEED
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COUNTY ROAD IN
LIMMER LOOP
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'9 I HEREBY STATE THAT
UNDER MY DIRECTION
JI L REPRESENTATION
TA
THE STANDARDS
4 5578 PROFESSIONAL LAND
LI v �
JOEL CHRISTIAN
THE HEREON DESCRIBED PROPERTY WAS SURVEYED
AND THAT r4S SURVEY IS A TRUE AND ACCURATE
Of THAT PROPERTY AND THAT THUS SURVEY CONFORMS TO
OF PRACTICE AS SET FORTH BY THE TEXAS 80ARD Or
SURVEYORS.
R.P.L& NO. 5578
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DESIGN
DRAWN .JC
ici
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JOB No 32460-WILL
SHT.
EXHIBIT "B"
Current Wastewater Interceptor Termination Point
9
N
A EXHIBIT B
ROUND ROCK TEXAS
umrnft.xo ewuoxMoneL L.V ces
EXHIBIT "C"
Zoning and Development Code, Chapter 4, Article VI, Sec. 4=80
Sec. 4=80. - Furnishing of water, reuse water, and sewer services outside city limits.
(a) Conditions 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:
(1) Adequate capacity exists. 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 facility 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. No. 269 was adopted (January 8, 1976)9
(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 city'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.
(9) 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 pro rata basis, as hereinafter
set forth. The reimbursement to the owner, developer, or entity who paid for the line
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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 rats 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,
construction costs, engineering costs, and inspection 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
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 44=
329 44=33, and 44=34 of the Code of Ordinances.
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