R-86-881 - 6/12/1986•
WHEREAS, Charles D. Becker has agreed to help construct a 1,000
gpm booster pump station at Tower Drive; and
WHEREAS, These improvements will provide interim capacity for
the Windy Park Project until the Southeast Project is complete; and
WHEREAS, the Council desires to enter into an agreement with Mr.
Becker; 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 of Round Rock, Texas an agreement with Charles D.
Becker, a copy of said agreement being attached hereto and incorporated
herein for all intents and purposes.
RESOLVED this 12th day of June, 1986
ATTEST:
y Secretary
RESOLUTION NO. "Pk
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DATE: June 10, 1986
SUBJECT: Council Agenda, June 12, 1986
ITEM: 11K - Consider a resolution authorizing the Mayor to enter into
an agreement with Windy Park, Charles D. Becker, Trustee,
for the construction of a booster pump station at Tower
Drive.
This resolution requests the Mayor to enter into an agreement with
Charles D. Becker for the construction of a 1,000 gpm booster pump
station at Tower Drive. Mr. Becker is fronting the cost ($33,000) of
the improvements to provide interim capacity for the Windy Park Project
until the Southeast Project complete. This project will be refunded
to Mr. Becker through the CIP process.
STATE OF TEXAS
5.
)(
)(
COUNTY OF WILLIAMSON )(
ROUND ROCK UTILITY AGREEMENT
This Agreement is made and entered into on this a day of
, 1986, by and between THE CITY OF ROUND ROCK ( "City ")
CHARLES D. BECKER, Trustee ( "Landowner ").
RECITALS
WHEREAS, the City has given final plat approval to Windy
Park, Section One Amended and Windy Park, Section Two
( "Subdivision "), an Addition in the City of Round Rock, Texas,
according to the map or plat of record in Cabinet , Slide
, of the Plat Records of Williamson County, Texas, and
WHEREAS, by virtue of said plat approval, the City has
committed 251 Living Unit Equivalents of water and wastewater
plant capacity to said Subdivision, and,
WHEREAS, existing infrastructure is insufficient to supply
the utility capacities needed to service Windy Park Subdivision,
and,
WHEREAS, Haynie and Kallman, Inc. have determined that
installation of a booster pump facility ( "facility ") will correct
said insufficiency and permit the immediate servicing of Windy
Park Subdivision, and,
WHEREAS, Haynie and Kallman, Inc. have determined that said
facility can be installed at a cost not to exceed THIRTY THREE
THOUSAND AND NO /100 DOLLARS ($33,000.00), and
WHEREAS, the City does not have current funds available for
the construction of said facility, and,
WHEREAS, in order to construct said facility on a timely
basis, Landowner wishes to finance the construction of said
facility and to contract with the City to administer the
construction thereof;
NOW, THEREFORE, IT IS AGREED THAT:
(1) Landowner shall pay to the City the cost of construction
of the facility concurrently with the execution hereof.
(2) The City shall administer the prompt installation of
said facility.
(3) Landowner understands and agrees that the facility shall
be and remain the sole property of the City and that the
Landowner will have no ownership interest in the facility,
whether during the construction or upon final completion.
(4) This contract shall not be construed to exempt Landowner
from the payment of any development, service or permit fee or a
sum not to exceed $110,895.91 to be paid to the City by Landowner
in the event the Revised Southeast Round Rock Water and
Wastewater Service Agreements are fully executed.
(5) Upon tender of the sum of $33,000.00, Windy Park
Subdivision shall be entitled to water and wastewater service
notwithstanding the schedule of construction of certain other
infrastructure improvements detailed in the Revised Southeast
Round Rock Water and Wastewater Service Agreements.
(6) The City shall reimburse to Landowner the sum of
$33,000.00, together with interest thereon at the rate of Ten
Percent (10%) per annum beginning , 1981, on or
before , 198_
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) This contract is executed in multiple originals on the
dates indicated beside each signature and shall be effective as
of the date executed by the Mayor of Round Rock.
STATE OF TEXJASe. )
COUNTY OF Y�/ilu 07.3
This instrument was acknowledged before me on this the �?5
day of , 1986, by MIKE ROBINSON, Mayor of the City of
Round R , Texas, on behalf ofid city.
Commission Expiration
JANICE L. LAY
Notary Pub lic, State of T exas
My Com mission Expires July 8. 1989
STATE OF TEXAS ) (
CITY OF ROUND ROCK
BY:
HARLES D. BECKER,
Trustee
Notary's Name Typed or Printed
2
RY PUBLIC, STATE
6. 84
(Date)
(Date)
EKAS
STATE OF TEXAS )(
)(
COUNTY OF`22t
Thi ins , 1 986, by Charles D ecker, Trustee. trument was acknowledged before me on this the
day of
9
JANICE L. LAY
Notary Public, State of lexas
My Commission Expires July 8, 1989
Commission Expiration Name Typed or Printed
3