R-83-522 - 5/26/1983WHEREAS, Lexington Development Company d /b /a Provident
Development Company owns certain property (Property) adjacent
to the Lifemark Hospitals, Inc. site, and
WHEREAS, the wastewater line currently being constructed
by Lifemark Hospitals, Inc. has been oversized to provide capacity
to serve the Property, and
WHEREAS, the City has previously contracted with Lifemark
to reimburse it for the cost of the oversized line from fees
charged to future users, and
WHEREAS, a wastewater main extension is planned which will
tie onto the Lifemark line and provide service to the Property, and
WHEREAS, Provident Development Company has agreed to the
terms of a contract whereby it pays its pro rata share of the Life -
mark line as well as the proposed extension, and
WHEREAS, the Council wishes to approve said contract, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor of the City of Round Rock, Texas, is hereby
authorized and directed to execute on behalf of the City, an
Agreement with Provident Development Company, a copy of said Agree-
ment being attached hereto and incorporated herein for all purposes.
RESOLVED this 26th day of May, 1983.
ATTEST:
LAND, C ty Secretary
RESOLUTION NO. saa R
R L. Ts N , Mayor
City of Round Rock, Texas
.�JCliK -�
fa.ak - co-
u /° L.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
This Agreement is made an entered into on this .day of
, 1983, by and between the City of Round Rock,
hereinafter called "City ", and Provident Development Company, a
division of Lexington Development Company, a Texas limited
partnership, hereinafter called "Provident ".
RECITALS
WHEREAS, 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, 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, Provident owns certain property near the hospital
site which could be served by the wastewater line, and
WHEREAS, Provident wishes to reserve capacity in the
wastewater line by sharing in the cost of oversizing the line, IT
IS THEREFORE AGREED THAT:
I.
Provident 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 $S174 of which up to $ 4'7.6� is a contingency
fund subject to being refunded if no unforeseen expenses or
change orders are required.
II.
The City hereby sets aside and agrees to provide to
Provident, capacity within the aforementioned wastewater line to
serve111 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.
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)
1
Number of square feet of
covered floor space = LUE's
11,000
III.
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) Provident 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
agrees it will provide the wastewater service contemplated herein
and the user charge for such service shall be as established by
ordinance from time to time but in no event shall it exceed 200%
of the applicable rate for users within the City limits.
IV.
Beginning ten (10) years from date of this agreement, if
Provident 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
Provident its pro rata cost per LUE plus interest at the rate of
seven percent (7 %) per annum from date hereof for each LUE
released herefrom.
V.
Provident may allocate its LUE's to its property in such
manner as it may elect. The LUE's reserved herein shall not be
assigned to anyone other than a purchaser of Provident's property
without the express written consent of the City.
-2-
VI.
The monies paid herein shall not be considered in lieu of
any other fee or charge required of developers or builders by any
ordinance of the City, including, but not limited to sewer
service fees, water service fees, and tap fees; provided,
however, Provident shall be entitled to a credit of its pro rata
cost for each LUE for which a wastewater oversize fee is
required, up to a total of 2,29S LUE's.
VII.
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,
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.
ne Land
C ty Secretary
SR1 /DBA -5
PROVIDENT DEVELOPMENT COMPANY,
a division of LEXINGTON DEVELOPMENT
COMPANY, a Texas Limited
ar ership
By:
s Mills, 't orney -in -Fact
TY • ROU . .CK
-3-
on', Mayor
re, •
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