R-83-515 - 3/31/1983WHEREAS, Lifemark Hospitals, Inc. (Lifemark) is
presently constructing a hospital and related facilities on a
newly annexed site on F.M. 620, and
WHEREAS, in view of the fact that the hospital site is
not presently served with wastewater, Lifemark has agreed to
undertake the construction and extension of the necessary
wastewater lines to serve the site, and
WHEREAS, the City has determined that the proposed waste-
water line should be oversized to allow additional capacity
to provide wastewater service to a much larger area, and
WHEREAS, an agreement has been prepared and approved by
Lifemark whereby the City agrees to share initially in the
cost of the oversized line and to reimburse Lifemark in the
future as additional connections are made to the line, and
WHEREAS, the City Council desires to enter into the
agreement and to authorize the disbursement of the initial
payment, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor is hereby authorized and directed to
execute on behalf of the City an Agreement with Lifemark, a
copy of said Agreement being attached hereto and incorporated
herein for all purposes, and
BE IT FURTHER RESOLVED,
That the disbursement to Lifemark of the initial payment
in the amount of $24,899.00 is hereby authorized.
ATTEST:
RESOLVED this 31st day of Marc83
LA" Y L. TI N, Mayor
AP
Js(NNE LAND, C'ty Secretary
RESOLUTION NO. nisi
City of Round Rock
STATE OF TEXAS
COUNTY OF WILLIAMSON
day of rilai,.,ciu,
AGREEMENT
1/
THIS AGREEMENT is made and entered into on this tr . -J
, 1983, by and between the City of
Round Rock, Texas, hereinafter called "City" and the Lifemark
Hospitals, Inc., hereinafter called "Lifemark ".
Recitals
WHEREAS, Lifemark is presently constructing a hospital
and related facilities on a site west of the City on F.M.
Highway 620, and
WHEREAS, in view of the fact that the hospital site is
not presently served with wastewater, Lifemark has agreed to
undertake the construction and extension of the necessary
wastewater lines to serve the site, and
WHEREAS, the City has determined that the proposed waste-
water line should be oversized to allow additional capacity
to provide wastewater service to a much larger area, and
WHEREAS, the oversized line consists of two segments;
Line "A" to be installed along the south side of Brushy Creek
from the point of tie -in to the existing wastewater line, to
a point where a T.P. &L. power line easement crosses F.M.
Highway 620 and, Line "B" from the west end of Line "A" along
F.M. Highway 620 to the Lifemark site, and
WHEREAS, the City agrees to share initially in the cost
of the oversized line and to reimburse Lifemark in the future
as additional connections are made to the line, Now Therefore
IT IS AGREED THAT:
I.
The size of a wastewater line adequate to serve the
Lifemark hospital site is eight inches (8 "). For Line "A ",
the cost of an eight inch (8 ") line is agreed to be
$112,820.00. It has been determined that Line A should be
oversized to twenty -four inches (24 ") at a total cost of
$256,000.00. Therefore, it is agreed that the actual cost of
oversizing Line "A" is $143,180.00.
II.
For Line "B ", the cost of an eight inch (8 ") line is
agreed to be $107,685.60. It has been determined that Line
"B" should be oversized to twelve inches (12 ") at a total
cost of $117,664.80. Therefore it is agreed that the actual
cost of oversizing Line "B" is $9,979.20.
III.
The additional capacity provided by oversizing the waste-
water line is to be measured in terms of Living Unit
Equivalents (LUE's). As used herein, a LUE is defined as that
unit of development which produces the same peak wet weather
flow as is produced by a single family dwelling unit. The
oversizing of Line "A" provides additional capacity for 7,139
LUE's. The oversizing of Line "B" provides additional
capacity for 1,592 LUE's. As used herein LUE's will be
calculated by using the following formula:
Type of Number
Use of LUE's
Detached Single family residential 1
Duplex .873 per dwelling unit
Multi- family .643 per dwelling unit
Commercial & Industrial
(up to 11,000 square feet
of covered floor space)
Commercial & Industrial (over
11,000 square feet of covered
floor space)
Number of square feet
of covered floor space = LUE's
11,000
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IV.
The City agrees to participate in the cost of the
oversizing of the wastewater line in the amount of $60,958.00
plus an amount up to $5,060.00 for unforeseen contingencies.
$24,899.00 shall be paid by the City upon execution of this
agreement and $36,059.00 plus any contingency amount paid
upon final acceptance by the City of the wastewater line.
V.
It is contemplated that in the future that owners and /or
developers of various tracts of land serviceable by the
proposed wastewater line will seek to either reserve capacity
in, or to connect to the line. As reservations or actual
connections are made, the City agrees to reimburse Lifemark
in the amount of $22.11 per LUE on Line "A" and $6.26 per LUE
on Line "B" plus interest at the rate of 10% per annum from
the date the wastewater line is accepted by the City. Such
reimbursement shall be made within thirty (30) days of
receipt by the City of the payments for said reservations or
connections.
VI.
A. This contract shall be construed under and in
accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable
in Williamson County, Texas.
B. Should any litigation be commenced between the
parties hereto concerning this Agreement, the party
prevailing in such litigation shall be entitled in addition
to such other relief as may be granted, to a reasonable sum
as and for attorney's fees and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by
this agreement.
D. 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,
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illegality, or unenforceability shall not affect any other
provision hereof, and this contract shall be construed as if
such invalid, illegal, or unenforceable provision had never
been contained herein.
E. This contract 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.
ATTEST:
ATTEST:
y Secretary
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LIFEMARK HOSPITALS, INC.
By:
CITY OF ROUND •
_E.. ,.►
Larry 'WTonn, F.yor
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