R-91-1636 - 7/25/1991RESOLUTION NO. /63(0/e
WHEREAS, on , 1990 the City of Round Rock
("City ") and Franklin Capital Corporation ( "Franklin ") entered into
that one certain Franklin 582 Water and Wastewater Service Agreement
(Revised) ( "Service Agreement "), and
WHEREAS, City and Franklin have determined that a gravity
wastewater main contemplated by the Service Agreement is not feasible,
and
WHEREAS, City and Franklin desire to amend the Service Agreement
to provide for a force wastewater main, 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 the First Amendment To Franklin 582 Water and
Wastewater Service Agreement (Revised), a copy of said First Amendment
being attached hereto as Exhibit "A ".
RESOLVED this 25th day of July, 1991.
ATTEST:
E LAND, City Secretary
RS07251K
MIKE ROBINSON, Mayor
City of Round Rock, Texas
This First Amendment to Franklin 582 Water and Wastewater Service
Agreement (Revised) ("Amendment ") is entered into effective as of July
25, 1991, by and between the City of Round Rock, Texas, a home rule
municipal corporation ( "City ") and Franklin Capital Corporation, a
Texas corporation ( "Franklin ").
Recitals
WHEREAS, Franklin and City on April 26, 1990, entered into that
one certain Franklin 582 Water and Wastewater Service Agreement
(Revised), hereinafter referred to as "1990 Agreement ", and
WHEREAS, pursuant to paragraph 2.02 of said 1990 Agreement, City
has performed a preliminary feasibility study for certain wastewater
improvements, and
WHEREAS, said study reveals that a gravity wastewater main as
contemplated by the 1990 Agreement is not feasible, and
WHEREAS, as a result of such study, City and Franklin wish to
amend and revise the obligations of City as provided below; Now
Therefore
For and in consideration of Ten and No /100 Dollars ($10.00) and
other good and valuable consideration, City and Franklin do hereby
amend and modify the 1990 Agreement as follows:
TCFRSTAMND
t
FIRST AMENDMENT TO FRANKLIN 582 WATER
AND WASTEWATER SERVICE AGREEMENT (REVISED)
1. Paragraph 2.02 is deleted in its entirety and the following
is substituted therefor:
2.02. Wastewater Improvements Feasibility Study. As a
result of the construction of the aforesaid waterline
improvements, the City will not be required to develop a
second water well for golf course irrigation purposes. In
consideration of the foregoing, the City agrees to spend up
1
EXHIBIT
'` R "
1
to $33,000.00 to perform a feasibility study and to acquire
the easements for the wastewater improvements described in
Revised Exhibit "A" and Revised Exhibit "B ", provided,
however, that a force main and required lift stations to be
located along County Road 122 will be substituted for the
gravity wastewater main originally contemplated. The
feasibility study will include (1) a routing plan for an
easement for the force wastewater main, as well as a
reclaimed water line for golf course irrigation; (2) an
ownership map of the proposed route; (3) a preliminary line
size plan; and (4) preliminary easement acquisition and
construction costs. Surveying the easement and providing
field note descriptions will be considered as easement
acquisition costs and not part of the feasibility study. It
is agreed between Franklin and City that the cost of
performing the feasibility study is $9,500.00. The City
agrees to pay the easement acquisition cost up to
$23,500.00, with Franklin paying the remaining costs. City
and Franklin agree that upon completion of the feasibility
study they will in good faith promptly proceed to acquire
the needed easements. Franklin will be responsible for the
construction costs of the force main and lift stations and
the City will be responsible for the construction costs of
the reclaimed water line.
To the extent necessary to effect the terms and provisions of
this Amendment, the 1990 Agreement is hereby amended. In all other
respects, the 1990 Agreement is hereby satisfied and confirmed.
CITY OF ROUND ROCK, TEXAS
By:
Mike Robinson, Mayor
FRANKLIN CAPITAL CORPORATION
By:
,its
2 .
DATE: July 23, 1991
SUBJECT: City Council Meeting, July 25, 1991
ITEM: 12.K Consider a resolution authorizing the Mayor to
execute the First Amendment to the Franklin 582
Water and Wastewater Service Agreement (Revised).
STAFF RESOURCE PERSON: Steve Sheets and Jim Nuse
STAFF RECOMMENDATION:
In April of 1990 the City and Franklin entered into a revised version
of a water and wastewater service agreement. This revised agreement
provided, among other things, for the construction of a gravity
wastewater main. The result of a preliminary study reveals that a
gravity main is not feasible and that a force main is more
appropriate. This amendment makes this change.
Staff recommends approval.
TCFRSTANND
FIRST AMENDMENT TO FRANKLIN 582 WATER
AND - WASTEWATER SERVICE AGREEMENT (REVISED)
This First Amendment to Franklin 582 Water and Wastewater Service
Agreement (Revised) ( "Amendment ") is entered into effective as of July
25, 1991, by and between the City of Round Rock, Texas, a home rule
municipal corporation ( "City ") and Franklin Capital Corporation, a
Texas corporation ( "Franklin ").
Recitals
WHEREAS, Franklin and City on April 26, 1990, entered into that
one certain Franklin 582 Water and Wastewater Service Agreement
(Revised), hereinafter referred to as "1990 Agreement ", and
WHEREAS, pursuant to paragraph 2.02 of said 1990 Agreement, City
has performed a preliminary feasibility study for certain wastewater
improvements, and
WHEREAS, said study reveals that a gravity wastewater main as
contemplated by the 1990 Agreement is not feasible, and
WHEREAS, as a result of such study, City and Franklin wish to
amend and revise the obligations of City as provided below; Now
Therefore
For and in consideration of Ten and No /100 Dollars ($10.00) and
other good and valuable consideration,' City and Franklin do hereby
amend and modify the 1990 Agreement as follows:
1. Paragraph 2.02 is deleted in its entirety and the following
is substituted therefor:
2.02. Wastewater Improvements Feasibility Study. As a
result of the construction of the aforesaid waterline
improvements, the City will not be required to develop a
second water well for golf course irrigation purposes. In
consideration of the foregoing, the City agrees to design
and prepare final approved construction drawings for a
wastewater force main needed to provide wastewater service
to the Franklin Tract. Franklin agrees to provide the City
with the necessary flow data to properly size the force
main. The force main will generally be located in or
alongside the right -of -way for County Road 122. The actual
cost of construction of the force main will be the
responsibility of Franklin.
To the extent necessary to effect the terms and provisions of
this Amendment, the 1990 Agreement is hereby amended. In all other
respects, the 1990 Agreement is hereby satisfied and confirmed.
2.
CITY OF ROUND ROCK, TEXAS
By:
Mike Robinson, Mayor
FRANKLIN CAPITAL CORPORATION
By:
,its