Loading...
R-92-1766 - 11/24/1992WHEREAS, Virgil Rabb ( "Rabb ") owns certain property ("Property") located at the southwest corner of the intersection of U.S. Hwy. 79 and Georgetown Street in Round Rock, and WHEREAS, Rabb wishes to subdivide and develop the Property with additional buildings and other improvements, and WHEREAS, in order to serve the new development with water it is necessary to construct improvements to the City's water distribution system, and WHEREAS, construction of said improvements will result in benefits to the City's system, and WHEREAS, it is mutually beneficial for the City and Rabb to share in the cost of constructing the improvements, 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 a Cost Participation Agreement with Virgil Rabb, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 24th day of November, 1992. ATTEST: ,O O NE LAND, City Secretary ary RS11242C RESOLUTION NO. / 766/e/ MIKE ROBINSON, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON Article I. Description of Project 1.01. The project ( "Project ") consists of a twelve inch (12 ") water transmission main which will extend from the northwest corner of GCostAgree COST PARTICIPATION AGREEMENT This Cost Participation Agreement ( "Agreement ") is made and entered into on this a ] day of 7101, , 1992 by and between the City of Round Rock, Texas, a home rule municipality ( "City ") and Virgil Rabb, an individual ( "Rabb "). Recitals Whereas, Rabb owns certain property ( "Property ") located at the southwest corner of the intersection of U.S. Hwy. 79 and Georgetown Street in Round Rock, and Whereas, Rabb wishes to subdivide and develop the Property with additional buildings and other improvements, and Whereas, in order to serve the new development with water it is necessary to construct improvements to the City's water distribution system, and Whereas, construction of said improvements (hereinafter defined as "Project ") will result in benefits to the City's system, and Whereas, it is mutually beneficial for the City and Rabb to share in the cost of constructing the Project, Now Therefore It Is Agreed As Follows: the Property and then east along Hwy. 79 to Georgetown Street and then south to an existing line. Article II. Construction of the Project 2.01. City shall proceed with due diligence with the design and construction of the Project, to be completed on or before 1993. Bidding Process 2.02. After the City's Public Works Department has completed the design of the project, City agrees to advertise for bids for the Project in compliance with Subtitle C., Chapter 271, Subchapter B. of the Local Government Code. Following the opening of the bids, both parties will review and analyze the bids, but the decision as to the lowest and best bid will be made by the City Council. Change Orders 2.03. During construction of the Project, the parties agree that City may approve necessary change orders with the contractor in an aggregate amount not to exceed twenty - five percent (25 %) of the total amount of the lowest and best bid. Article III. 3.01. The parties agree that the costs of engineering design, inspection and contract administration shall be borne by the City. The parties agree that the construction costs shall be paid fifty percent (50 %) by City and fifty percent (50 %) by Rabb. Rabb agrees to pay to the City his share of the construction cost and any change orders no later than ten (10) days following his receipt of an invoice for same from City. 2. Article IV. Miscellaneous Ownership 4.01. Upon final completion and acceptance of the Project, ownership of the Project shall be in the City who shall have the responsibility of maintaining and repairing the main. Assignment 4.02. This Agreement may not be assigned without the express written consent of the other party. Notice 4.03. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Rabb or City, as the case may be, at the addresses set forth below: If to Rabb: If to City: 3. Virgil Rabb 1717 N. IH 35 Round Rock, TX 78664 City of Round Rock 221 East Main Street Round Rock, TX 78664 Texas Law to Apply 4.04. This Agreement 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. Legal Construction 4.05. 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 Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 4.06. This contract constitutes the sole and only agreements of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 4.07. Time is of the essence of this contract. In Witness Whereof, this Agreement has been executed by the parties on the dates hereafter indicated. ATTEST: o ne Land, City Secretary 4. CITY OF ROUND ROCK u TEXAS By: Milfe Robinson, Mayor Date: Virgil Date: DATE: November 20, 1992 SUBJECT: City Council Meeting, November 24, 1992 ITEM: 13C. Consider a resolution authorizing the Mayor to enter into an agreement with Virg Rabb for the construction of a potable water line. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Enclosed, please find a copy of a water line construction agreement between Virg Rabb and the City of Round Rock. Under the terms of the agreement, the City and Mr. Rabb will equally share in the construction costs of a 12" water line. City staff will prepare a design of the project. The project site is the comer of highway 79 and Georgetown.