R-83-517 - 4/28/1983WHEREAS, Lifemark Hospitals, Inc. is presently
constructing a hospital and related facilities on a site west
of the City on F.M. Highway 620, and
WHEREAS, while the hospital site is not presently served
with wastewater, Lifemark has agreed to undertake the
construction and extension of necessary wastewater lines to
serve the site, and
WHEREAS, the wastewater 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,
RESOLUTION NO. Si
I 0 C
by oversizing the lines, additional capacity
would be realized to provide wastewater service to a much
larger area, and
WHEREAS, the City has agreed to reimburse Lifemark
Corporation for the cost of oversizing the line by charging
fees for future development to tie onto or reserve capacity
in the line, and
WHEREAS, Austin White Lime Company owns certain property
adjacent to and near the hospital site which could be served
by the wastewater line, and
WHEREAS, Austin White Lime Company wishes to reserve
capacity in the wastewater line by sharing in the cost of
oversizing the line, and
WHEREAS, the City Council deems it advantageous to the
City to enter into an agreement with Austin White Lime
Company to set aside capacity in the line in exchange for its
participation in the cost of the line, 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 Austin White Lime
Company, a copy of said agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED this 28th day of April, 1983.
ATTEST:
NE
LAND
Ci y Secretary
LARRY L. TONN, Mayor
City of Round Rock, Texas
TUE STATE CV TEXAS
COUNT OP WILLIAMSON
AGREEnENT
This Agreement is made an entered into on this „IP!' clay of
- :f2
, 1983, by and between the City of Round Roch,.
hereinafter called "City', and the Austin White Lime Company,
hereinattco called "AWLC".
RECITALS
Lifemark Hospitals, Inc. is presently constructing
a hospital and related facilities on a site west of the City on
P.M, Jhisy 620, and
while the hospital site is not presently served
Lifo has agreed. to undertake .t.he
constret:fn and extension, of necessary wastewater lines to serve
the site, and
WUERAS, the wastewater line consists of two segments; Line
"A" to b: installed along the south side of Brushy Creek from the
point of tic-in to the existing wastewater.line, to a point whe
a T.P.f7.L. power line easement crosses P.M. Highway 620, and Line
"11" from tb,:! west end of Line "A' along F..M. Highmay 620 to the
Lifemk site, and
WHERT::AS, by oversixing the lines, additional capacity would
be renlied to provide wa7thewater service to a much larger area,
and
WifERAS, the City has agreed. to reimburse Lifemark
Corporatif:)n for the cost of oversiv,ing the line by charging fees
for futuae development to tie onto or reserve capacity in the
line, and
WSER)fAS,
1$7LC owns certain property adjacent to and near the
hospital. site which could be served by the wastewater line, and
WHERLAS, AWLC wish s to reserve capacity in tfle wastewater
line by sharing in the cost of oversixing the line, IT IS
Tn1 1:71REED THAT:
IWLC agrees to pay to the City upon execution
of this
agreement its pro rata share of cost of Line "A" and Line "B"
which is .;=2.4,099.00 of ffich up fo S1,690.00 is a contingency
fund subjcct to being re!::unded if no f7:71Zraseen expenses or
change snare requi;e.:.,'f.
IT.
The City hereby sets aside and agrees to provide to AV;LC,,
capacity within the aforementioned wastewater line to serve 818
Living Unit Equivalents (LUE's) As used herein, a LUE is
defined as that unit of development which produces the same wet
weather flow as is produced by a single family dwelling. unit.
swill be calculated by using - -TQ following formula:
Type of Number
Use of Lur'u,
Detached single family residential 1
Duplex .873 per dwelling unit
Eulti-family .64 per dwelling unit
ComTrteial L Industrial
(up to 11,000 square feet
of covered floor space)
Co=ercial & industrial
(over 11,000 square feet
of covered floor space)
1
Number of square feet of
covered floor space
A1,000
T 11
The City's obligation to provide capacity in the wastewater
line is contingent upon (i) the property to be served' being
within the boundaries of a Municipal Utility District approved by
the City or (ii) WhC petitioning the City for annexation of the
property to be served. In the event that a valid petition for
annexation is received but rejected by the City, the City ag
it will provide the wastewater service conteplated herein and
the user charge for such service shall be as estab:Lshed by
ordinance from time to time but in no event shall it exceed 2000
of the applicable rate for users within the City limits.
IV.
Beginning ten (10) years from date of tlis agreeent,. if
AWIC has not utilized its full reserved capacity in the
wastewater line, the City shall have the continuing option to be
released from its obligation undertaken herein by paying to A'lSSC
its pro rata cost per LU:S plus interest at the rate of seven
percent (7%) per annum from date hereof for each DUE released
herefrom.
V.
AWLC may allocate its LUE's 'CO its property in such xlanner
as it. may elect. The LUE's reserved herein shall not be assiged
to anyone other than a purchaser of AVIP's property without the
express wIitten consent of the City.
-7 -
vr
The - monies paid horein shall uot bo considere. in lieu of
any ether fee or chErr:ge requined of dovelopnrs or builders by
ordiueuce of the City, incl:nq, but not limited to m7=w
scr.v: fees, water sorvico fecs, and Lap foos; provic'Red,
• •l•LC shall he :entitled oreait of its pro rata cost
for c. WX.O. for wbieh a wateweer fee is - 1±2g13.:0=Cei r up
to a L.otal of . 113
\LC
▪ Thi• coaLsi:aet shall bo coutrued under abet in
accorss.. with laws of Lira atate of To.j and a31
obliion- of the parties croetea ile. are performablo in
County, Tna‘.
"f any 1.iliqction he •meused bet.-.; the partie:.
Agral;,. the p•.c•• pre-a: in :r.uch
litiq...1Liou shall be c= in n•dAtl.an ouch othor relief as
may hn cjanted, to e reasonable :: as and for att fees
and ,- .2:)sts..
This ou.rareet dnt1 he tiaAing npea :WiTO to Sin
boeot ef the parties he :3 their resp
reprs.;r„...tativos, sl.loeescars
0 45 n.; whnra permitted by this
M.. in 3o 1!1 o..c or more ot the pro co1,t45xic6.
this eureament shal2 for any 0:2aso4 1)4' haIa to 40 51044).:;6,
• or . unen.f:c.f..).ble in eay_ respect, snob
• o u4-enfroa;a544lity chAll not 05f01 any• other
provicion hereof, ana th.is coutraot ...;.111 he constus. as if sueh
illegel, uuonforoehlo proviolan Id never beer,
nereirtm.
conrc c6cit5.tlacs the sole and on, - aTj
of 00 horot hurl sc,-se; nny pr.lass unaca»6:m or
wrj::.to or heaoeu d c p::rties yopectinq tho
sa7eje.ct
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Oscar Robinson.
"Yi-r.-.Ttner
a
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City „cc•ret ry
U ,n33- RCY /85
CITY OF ROUND ROCK
•
IIlk[ Robinson
Mayor Pro -tem