R-92-1728 - 7/9/1992ATTEST:
JO
NE
RS07092A
LAND, City Secretary
RESOLUTION NO. /'7 8Rt
WHEREAS, on April 26, 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 alternative
methods are available to provide the water service contemplated by the
Service Agreement, and
WHEREAS, City and Franklin desire to amend the Service Agreement
to provide for two options for the construction of a water main to
serve the Franklin Tract, 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 Second Amendment To Franklin 582 Water and
Wastewater Service Agreement (Revised), a copy of said Second
Amendment being attached hereto as Exhibit "A ".
RESOLVED this 9th day of July, 1992.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
GC2ndAmend
SECOND AMENDMENT TO FRANKLIN 582 WATER
AND WASTEWATER SERVICE AGREEMENT (REVISED)
This Second Amendment To Franklin 582 Water and Wastewater
Service Agreement (Revised) ( "Second Amendment ") is entered into
effective as of July of , 1992, 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 the "1990 Agreement," and
Whereas, said 1990 Agreement was amended by the First Amendment
To Franklin 582 Water And Wastewater Service Agreement (Revised) which
was entered into on July 25, 1991, and
Whereas, pursuant to paragraph 3.02. of the 1990 Agreement,
Franklin agreed to provide for the construction of a water line from
point E to point D as a condition for the approval of any final plat
of the Franklin Tract, and
Whereas, the first plat of the Franklin Tract has been submitted
for review and it has been determined that alternative methods are
available to provide the water service contemplated by said water
line, and
Whereas, City and Franklin wish to amend and revise the
obligations of Franklin 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 3.02 is deleted in its entirety and the following
is substituted therefor:
3.02. Water and Wastewater Improvements. The water
improvements from E to D, and the wastewater improvements
from D to J, as described in Revised Exhibit "A" and Revised
Exhibit "B ", will be constructed by Franklin as its sole
cost and expense except for oversize as required by the City
and paid out of the City's oversize fund.
As a condition to the approval of any final plat of any
portion of the Franklin Tract, Franklin agrees to construct
the water improvements from E to D, as described in Revised
Exhibit "A" and Revised Exhibit "B." This alternative shall
be referred to as "Option 1."
As an alternative to the construction of Option 1, Franklin
may, at its option, elect to construct the water improve-
ments described below, (hereinafter referred to as "Option
2 "). Attached hereto as "Exhibit A of Second Amendment" is
a copy of the Preliminary Plan for Forest Creek Phase One.
As a condition to the approval of one or more final plats
out of this Preliminary Plan, Franklin agrees to construct
a twelve inch (12 ") water main from the intersection of St.
Andrews Drive and Forest Creek Drive (point "L ") to the
northern edge of said St. Andrews Drive as it is con-
structed. The City will participate in the oversizing of
this 12 inch line in accordance with applicable City
ordinances. As a condition to the approval of the final plat
for all of Preliminary Plan for Forest Creek Phase One,
Franklin agrees that the twelve inch (12 ") water main shall
be constructed from point L to point M. Regardless of the
foregoing, Franklin shall be obligated to construct the
extension of the twelve inch (12 ") line from L to M as a
condition of any final plat containing the 400th LUE out of
the Franklin Tract.
In the event that Franklin elects to proceed with Option 2,
it shall be obligated to pay the cost of constructing 3,500
feet of sixteen inch (16 ") water line from point M north
along Co. Rd. 122, less four inches (4 ") of oversize as
required by the City and paid out of the City's oversize
fund. Franklin shall be required to pay its share of the
cost of the foreoing sixteen inch water line when it seeks
approval of any plat containing the 400th LUE out of the
Franklin Tract or when the City notifies Franklin that it is
prepared to construct the water improvements necessary to
connect point A to point D, whichever first occurs.
Prior to the approval of the first plat out of "Exhibit A of
Second Amendment," Franklin agrees to notify the City in
2.
writing as to which of the foregoing options it is going to
elect.
2. To the extent necessary to effect the terms and provisions
of this Second Amendment, the 1990 Agreement is hereby amended. In all
other respects, the 1990 Agreement is hereby ratified and confirmed.
CITY OF ROUND ROC,�C, TEXAS
3.
By:
FRANKLIN CAPITAL CORPORATION
Mike Robinson, Mayor
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10
FOREST CREEK PHASE ONE
MIELIIrkEi MAN
V
- 7_ - -
ItUPPCUT S5OCLTE, INC
FOREST CREEK PNASE ONE
DATE: July 7, 1992
SUBJECT: City Council Meeting, July 9, 1992
ITEM:
9.A. Consider a resolution authorizing the Mayor to
execute the Second Amendment to the Franklin 582
Water and Wastewater Service Agreement (Revised) ,
STAFF RESOURCE PERSON: Jim Nuse /Steve Sheets
STAFF RECOMMENDATION:
In April, 1990 when the Franklin 582 Water and Wastewater Service
Agreement was signed, it was anticipated that a water line along
County Road 122 would be needed when the first plat was approved.
The first plat on the Franklin tract has now been filed, but the
water line is not needed and will not be until the 400th LUE is
platted. This amendment to the Service Agreement requires Franklin
to construct the line at that time.
Mr. Steve Sheets
Stephan L. Sheets & Associates, P.C.
309 E. Main Street
Round Rock, Texas 78664
Re: Second Amendment to Franklin 582 Water and Wastewater
Service Agreement (Revised)
REO No. 140001 - 56 - 11
Dear Steve:
Enclosed please find one original of the above referenced document
which has been executed by J. S. Norman, III, Franklin Capital
Corporation's President. I have retained one original document for
our files.
Your assistance, as always, has been greatly appreciated.
Sincerely,
FRAN N FEDERAL BANCORP, F.S.S.
ra D. Massaro
V
As
VDM /ksg
President
cc: Jim Mills
Jim Vier
Steve Martens
Perry Blanton
Fred Eppright
All with attachment
FRANKLIN FEDERAL BANCORP
A Federal Sanngs Bank
July 16, 1992
92 -07 -17 14:34 RCVD
Franklin Pl.., 111 Gmgrt s Avenue PO Box 1725, Ausun, Texas 78767 512 477 -5000