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R-93-12-23-9C - 12/23/1993Mayor Charles Culpepper Mayor Pro -tem Robert Stlaka Council Members Rod Morgan Rtck Stewart Earl Palmer Martha Chavez Jemmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets January 4, 1994 Captex Development, Inc. 3215 Steck Avenue, Suite 101 Austin, TX 78757 ATTN: Perry Blanton Dear Mr. Blanton: Resolution No. R- 93- 12 -23 -9C was approved by the Round Rock City Council on December 23, 1993. Enclosed is a copy of the resolution and a copy of the agreement for your files. ;f you have any questions, please do net hesitate to call. Sincerely, Joanne Land, Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-3612 Fax 512-255-6676 1- 800 - 735 -2989 (TDD) 1- 800- 735 -2988 (Voice) Mayor Charles Culpepper Mayor Pro -tem Robert Sttuka Council Members Rod Morgan Ra k Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 January 4, 1994 Franklin Capital Corporation 111 Congress Austin, TX 78701 ATTN: Vera Massaro Dear Ms. Massaro: Resolution No. R- 93- 12 -23 -9C was approved by the Round Rock City Council on December 23, 1993. Enclosed is a copy of the resolution and a copy of the agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land, Assistant City Manager/ City Secretary Enclosures Fax 512-255-6676 1- 800- 735 -2989 (TDD) 1- 800 - 735 -2988 (Voice) Mayor Charles Culpepper Mayor Pro•tem Robert Sduka Council Members Rod Morgan Rick Stewart Earl Palmer Martha Chavez Jtmmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets January 4, 1994 Randy Morine Heritage Properties, Inc. 3610 Shell Road Georgetown, TX 78628 ATTN: Randy Morine Dear Mr. Morine: Resolution No. R- 93- 12 -23 -9C was approved by the Round Rock City Council on December 23, 1993. Enclosed is a copy of the resolution and a copy of the agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, g Oa /nir-u o eavn,d , Joanne Land, Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512 - 255 -3612 Fax 512 255 - 6676 1- 800- 735 -2989 (TDD) 1- 800- 735 -2988 (Voice) TEXAS, KS\RESOLUTION RS12233C RESOLUTION NO. "'I 3 - WHEREAS, Randy Morine Heritage Properties, Inc., ( "Morine ") is the developer of that certain subdivision known as OAK BLUFF ESTATES, PHASE 3, a subdivision in Williamson County, Texas (the "Phase 3 Property ") and needs thirty -four (34) living unit equivalents ( "LUE's ") of water capacity to serve the Phase 3 Property; and WHEREAS, Franklin Capital Corporation ( "Franklin ") owns certain undeveloped land which is intended to be developed in the future as part of that certain subdivision known as the Forest Creek Subdivision and Captex Development, Inc., ( "Captex ") owns an option to purchase the Franklin tract; and WHEREAS, the City, Morine, Franklin and Captex have agreed that Morine will be allowed to secure water service to the Phase 3 Property through Morine's construction of a waterline across the Franklin tract and along the proposed extension of St. Andrews Drive and ultimately connecting onto the City's Water System; and WHEREAS, Morine, at Morine's sole cost and expense is now prepared to commence construction of the water line necessary to serve the Phase 3 Property through such connection, as more fully set forth in the Oak Bluff Estates Phase Three Water Utility Agreement ( "Agreement "); and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor is hereby authorized and directed to execute on behalf of the City the Agreement, a copy of which is attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of Decembe , 1993. ATTEST: am.oU NE LAND, City Secretary 2. CHARLES / CU .•E R, Mayor City of Roun• Rock, Texas OAK BLUFF ESTATES PHASE THREE WATER UTILITY AGREEMENT THIS AGREEMENT (herein referred to as the Agreement ") is made by and between the CITY OF ROUND ROCK, TEXAS, a home rule municipality (herein referred to as the "City "), RANDY MORINE HERITAGE PROPERTIES, INC., a Texas Corporation (herein referred to as "Morin "), FRANKLIN CAPITAL CORPORATION, a Texas Corporation (herein referred to as "Franklin "), and CAPTEX DEVELOPMENT, INC., a Texas Corporation (herein referred to as "Captex "). RECITALS WHEREAS, Morine is the developer of that certain subdivision known as OAK BLUFF ESTATES, PHASE 3, a subdivision in Williamson County, Texas (the "Phase 3 Property") and needs thirty -four (34) living unit equivalents ( "LUE's ") of water capacity to serve the Phase 3 Property; WHEREAS, Franklin owns certain undeveloped land which is intended to be developed in the future as part of that certain subdivision known as Forrest Creek Subdivision, which undeveloped land is more particularly shown on the rough plat attached hereto marked Exhibit "A" and incorporated herein by reference for all intents and purposes (the "Franklin tract "), and Captex owns an option to purchase the Franklin tract; WHEREAS, the City, Morine, Franklin and Captex have agreed that Morine will be allowed to secure water service to the Phase 3 Property through Morine's construction of a waterline across the Franklin tract and along the proposed extension of St. Andrews Drive and ultimately connecting onto the Water System currently serving the Forrest Creek Subdivision; WHEREAS, Morine, at Morine's sole cost and expense (except as provided herein and subject to the rights of reimbursement as described herein), is now prepared to commence construction of the water line necessary to serve the Phase 3 Property through such connection, subject to the terms and conditions set forth in this Agreement; NOW, THEREFORE, for and in consideration of the sum of $1.00, the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties do hereby agree as follows: SECTION ONE. DESCRIPTION OF PROJECT. 1.01. Description. The project ( "Project ") consists of the construction of a twelve inch ( "12 ") water line and related appurtenances. The Project shall be constructed approximately in the location shown on the rough plat attached hereto marked Exhibit "A" and incorporated herein by reference for all intents and purposes. The purpose of the water line is to transport water to the Phase 3 Property through waterlines to be constructed on the Franklin Tract. SECTION TWO. CONSTRUCTION MANAGER FOR PROJECT. 2.01. Construction Manager. The Construction Manager for the Project shall be Morine. Morine shall be responsible for securing and awarding bids for the construction of the Project, supervise and control (or employ a Project Supervisor to supervise and control) the day - to-day activities regarding the construction of the Project, review and approve any change orders, and to do such other acts and deeds as said Construction Manager may deem necessary, appropriate or convenient, in the sole discretion of such Construction Manager, to manage, supervise and control the construction of the Project. 1 SECTION THREE. CONSTRUCTION OF PROJECT, 3.01. Construction; Completion Date. Morine shall proceed with construction of the Project exercising all due diligence so as to complete the Project on or before one hundred eighty (180) days from the effective date of this Agreement. 3.02. Construction Costs. The parties agree that neither the City, Franklin or Captex shall bear any of the construction costs of the Project which construction costs shall be borne by Morine, except that Franklin and Captex shall be responsible for, and shall timely pay, any fees, expenses and costs relating to (a) any surveying and /or platting that may be reasonably necessary to determine and describe the exact location where the Project is to be constructed, and (b) securing and recording any easements or rights-of-way that may be reasonably necessary for construction of the Project. 3.03. Cooperation of City. Franklin and Captex. The City, Franklin and Captex agree to fully cooperate with Morine in the construction of the Project, including the providing of such information and assistance Morine may reasonably require to secure any necessary approvals and permits and to satisfy the requirements for Morine to secure wastewater service to the Phase 3 Property. The City further agrees to (a) provide Morine, and the City does hereby grant to Morine the use of, any and all City rights-of-way and easements that may be reasonably necessary to construct the Project, (b) use its best efforts to have the City Council declare any additional easements that may be necessary to construct the Project as a public necessity and timely use its powers of eminent domain to acquire such easements (the costs of which shall be borne by Morine), and (c) timely approve the final completion and acceptance of the Project through the City's normal subdivision process after Morine reasonably shows that the Project is capable of serving the Phase 3 Property in the manner contemplated in this Agreement. 3.04. Rate Structure. The parties agree that it is contemplated that both the Project and the water system serving the Franklin tract will be owned by the City as a result of this Agreement and other agreements, and as a consequence, neither Franklin, Captex or the City will charge any fees for the transportation of the water to the Phase 3 Property through the Franklin tract; provided, however, the City agrees that City fees for such water service shall have the same rate structure as the rate structure for in -city users and such fees shall be charged to the Phase 3 Property at the City's rates for in -city users. 3.05. Ownership of Project; Assignment of LUE's. Morine shall be entitled to receive from the City thirty -four (34) LUE's of water capacity in the Project for Morine's construction of the Project. Upon final completion and acceptance of the Project by the City (through the City's normal subdivision process), ownership of the Project shall immediately be transferred and conveyed to the City and the City shall accept the Project for operation and maintenance, and simultaneously therewith, the City shall execute and deliver to Morine an assignment of thirty -four (34) LUE's of water capacity in the Project to serve the Phase 3 Property, such assignment to be in a form reasonably acceptable to the City and Morine. This Agreement is not intended to exempt Morine from the payment of all applicable development fees, including, but not limited to, water and wastewater impact fees. 3.06. Oversize Reimbursement. The parties hereto acknowledge that Morine is constructing a twelve inch (12 ") water line instead of the smaller eight inch (8 ") water line that normally would be required to serve the Phase 3 Property and as a consequence, Morine is entitled to receive reimbursements from the City for constructing such an oversize water line. Morine shall receive its oversize reimbursement from the City for the construction of the Project pursuant to the provisions of the City's Water/Wastewater Oversize Policy, a copy of which is attached hereto marked Exhibit "B" and incorporated herein by reference for all intents and purposes. SECTION FOUR. MISCELLANEOUS PROVISIONS. 4.01. Assignment. This Agreement may not be assigned by any of the parties hereto without the prior written consent of the other parties, except that Morine shall be allowed to assign Morine's interest in this Agreement. In the event of any such assignment, Morine agrees to give the other parties prompt written notice of 2 the assignment, including a copy of the written assignment and the mailing address, telephone number and name of the assignee. 4.02. Attorney's Fees. In the event that any party brings suit for the breach of this Agreement or of any condition, representation, covenant or agreement contained herein, the prevailing party shall be entitled to recover all reasonable attorney's fees, costs and expenses incurred by the prevailing party in connection therewith from the non - prevailing party. 4.03. Notices. All notices, demands and requests required or permitted to be made or given hereunder shall be in writing and shall be deemed to have been properly delivered and received (a) as of the date of actual delivery to the addresses set forth below if personally delivered, (b) upon deposit in a regularly maintained receptacle for the United States mail, certified mail, return receipt requested and postage prepaid, or (c) deposited with Federal Express or similar overnight delivery system for overnight delivery with all costs prepaid, and addressed to the party to whom the notice is to be delivered at the addresses set forth below (or to such other address which any party may so designate by delivering seven (7) days prior written notice to the other parties), to -wit: If to the City: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: Robert L. Bennett with a copy to: Stephan L. Sheets 309 East Main Street Round Rock, Texas 78664 If to Morine: Randy Morine Heritage Properties, Inc. 3610 Shell Road Georgetown, Texas 78628 Attention: Randy Morine with a cony to: Steven H. Sproul] 711 San Antonio Street Austin, Texas 78701 If to Franklin: with a copy to: If to Captex: 3 Franklin Capital Corporation 111 Congress Austin, Texas 78701 Attn: Vera Massaro Captex Development, Inc. 3215 Steck Avenue, Suite 101 Austin, Texas 78757 Attn: Perry Blanton with a cony to: 4.04. Authority. Each party represents and warrants to the other party that such party and the individual executing this Agreement on such party's behalf have been granted the full legal right, power and authority to execute this Agreement through all necessary corporate, partnership, City Council or other action and that all formal requirements necessary or required by any law, rule or regulation regarding its corporate, partnership or municipal organization or existence (as applicable) have been fulfilled. The parties shall present to each other all reasonable evidence of such authority which may be reasonably requested in connection with this Agreement, including (if applicable) a certified corporate resolution or similar resolution authorizing the applicable party to enter into this Agreement and authorizing the officer, employee or agent signing this Agreement on behalf of said party to execute this Agreement and bind the applicable party to this Agreement. Each party further represents to the other parties that neither the execution or delivery of this Agreement nor their performance under this Agreement requires the approval or joinder of any third party nor will it result in a violation or breach of any other agreement to which they may be a party (or, if approval of any such third party is required, such approval has been secured). The parties hereto understand and acknowledge that the other parties are relying on the warranties and representations set forth in this Agreement and the parties would not enter into this Agreement if such warranties and representations were not true and correct. 4.05. Date of Deadlines. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next day which is not a Saturday, Sunday or legal holiday. 4.06. Texas Law to Apply. This Agreement and the rights and obligations of the parties hereunder are performable in Williamson County, Texas, and shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of Texas. 4.07. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties of this Agreement and their respective heirs, executors, administrators, legal representatives, successors and assigns (only as permitted herein). 4.08. Paragraph Headings. The paragraph headings or other headings contained in this Agreement are for convenience only and shall not enlarge or limit the scope or meaning of the substance of this Agreement. All references in this Agreement to articles, sections, subsections and other subdivisions refer to corresponding articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any of such subdivisions are for convenience only and shall not constitute part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement ", this instrument ", "herein ", "hereof", "hereby ", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. 4.09. Time of the Essence. Time is of the essence of this Agreement. 4.10. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context requires otherwise. 4.11. Legal Construction. Every provision in this Agreement is intended to be severable. In the event 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 4 of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 4.12. No Waiver. The failure of any party to insist upon strict performance of a covenant, duty or obligation hereunder, irrespective of the length of time for which such failure continues, shall not be a waiver of such party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any covenant, duty or obligation hereunder shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other covenant, duty or obligation hereunder. 4.13. Counterparts. This Agreement may be executed in one or more counterparts, each of which counterparts shall be deemed to be an original and all of which shall constitute one and the same document. 4.14. Entire Agreement, This Agreement and the exhibits hereto set forth the entire agreement between the parties, and no other statement, agreement or understanding, oral or written, or amendment or modification to this Agreement, will be recognized or enforced unless the same shall be in writing and signed by all parties subsequent to the effective date hereof. This Agreement constitutes the full and complete agreement of the parties hereto with respect to the subject matter hereof. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 4.15. Other Instruments. The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the purposes of this Agreement. 4.16. Force Majeure. If, by reason of Force Majeure (as hereinafter defined), any party hereto shall be rendered wholly or partially unable to carry out its obliagations under this Agreement, then such party shall give written notice to the other parties describing the event of Force Majeure within a reasonable time after the occurrence thereof. The obliagations of the party giving such notice, to the extent affected by such event of Force Majeure, shall be suspended during the continuance of the event of Force Majeure and any such party shall in good faith use its best efforts to remove or overcome such event of Force Majeure. The term "Force Majeure", as used in this Agreement, shall mean and refer to acts of God; strikes, lock -outs, or other industrial disturbances; acts of public enemies; rules, regulations and orders of any kind of the Government of the United States of America, the State of Texas or any other governmental or quasi - governmental civil, administrative or military authority; insurrections; riots; civil disturbances; epidemics; landslides; lightning; earthquakes; floods; fires; hurricanes; storms; washouts; droughts; wars; military conflicts; explosions; breakage or accidents to machinery, pipelines, ditches or canals; or other causes not reasonably within the control of the party claiming such event of Force Majeure. 4.17. Exhibits and Other Provisions. The following Exhibits and /or other provisions of this Agreement are attached hereto and incorporated herein by reference for all intents and purposes: Exhibit "A" - Rough plat showing location of Franklin tract and location of Project Exhibit "W - City's Water/Wastewater Oversize Policy EXECUTED ON THE DATES SET FORTH BELOW but to be effective as of the day of , 1993. 5 CITY OF •UND ROCK, TEXAS By: Print Name: Title: M‘10 RANDY MORINE HERITAGE PROPERTIES, INC. FRANKLIN CAPITAL CORPORATION CAPTEX DEVELOPMENT, INC. 6 Date: V, \"1'.� By: Date: Randy Moline, President By: Date: Print Name: Title: By: Date: Print Name: Title: STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF TRAVIS § C/1 AIC� i� instrument C.0 .p6pio6, — ed before (title) of the CITY OF ROUND ROCK, TEXAS, a me on the c23 day of (,lQ, j AYLij /?✓ , 1993, by Va./ Texas home rule municipality, on behalf of said municipality. 7 Notary Public in and for the State of Texas My commission expires: Print Name: This instrument was acknowledged before me on the day of ,1993, by Randy Morine, President of RANDY MORINE HERITAGE PROPERTIES, INC., a Texas corporation, on behalf of said corporation. Notary Public, State of Texas Print name: My commission expires: This instrument was acknowledged before me on the _ day of , 1993, by (title) of FRANKLIN CAPITAL CORPORATION, a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas My commission expires: Print Name: STATE OF TEXAS COUNTY OF TRAVIS § § § This instrument was acknowledged before me on the day of , 1993, by (title) of CAPTEX DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation. 8 Notary Public in and for the State of Texas My commission expires: Print Name: EK0/81r "A"- N1R-711ZLINE mITERCOAM5C770A/ 8e71.0660 0A BLUFF k. Alto rolzEsr clugg S7A7g.5 5 L I 11 '."71 II I 70 . 1 I10110 0 0 00011107 mtj „411 7r14..7 14.1 1“ *ICLAI I PR'• P. /2" 17-11-ur t "WIER ,ME Ft_ ' *RA-, far (30 . , 1 N- -- - , - ,i r ; .1= '''-'7--• p * ■ SZT.T • 6E■ , ra" A ES lo ---- MI AC =_ = lt• AL I.77 i....01 ISO •e. I I ' 11WR I : ::1 13/ 1 FrikaKUN OPiTAL OMPolzArlOrl In EH PROPOSED 14141tRLiAlE (APPROK• 1600 LF) KWEST' MEEK r6rAre6 ge AA1DREWS • DRIVE EIC #IB1T "- WATERLINE IN7ERCoivit6eacw Be wFe&V CA, BLUFF A ES.ZZ AND FoR£5rCl2 SK 6.5729-Ms SWe7ton/_r I =ix E = ' .....1 r • ' 1 II 72 1 11 1 lv 1 R I 0 i 17 I In j n R i O 11 /_ ▪ I ▪ i i 1 1 I WIt0ND0A 11011 Hit A I1 ' I 1 1" =.stir — -- •YL'•w.I_ r_ _ _�._ --. . .s 2 '••1.n�r.L _ eO_21a__ 4VYLJ FIE' P 12" M 1 1 1 1 1.. . 11 � .a ...w. 1 • nW' TGf'• �%}� • 1 1 WAV i ° i -C s "no .... 1�`'� \ �i .. II "I -- 5 DV0.1 1 • IIrI ... � 1jp ' �' V !C I:U ;l. E' rA ES .�E� TlO' 1 .c- ____ - - - - _ __ — _ - ti eat 1\L- II IOI ill) Ac. A Lvv AC ll At I 1 II -I Ivv Ac -11 l ..,w...- _ L .u.•.m '''- _- '- I - - - -_L i u. L �,Ik- e.�a � I 4{CCCIIIII 4 10 :Br e � ' _ C 7- V- I 1 1< A c R E v (I.(.QggeReS)� I'I " our-01e0 RRt' ji „ 1 'I WOODHOLLOW -TA ME; . tlILL __r_V. y -Qaii~ • . n. w 1. . WI 1.. 1 1 411.ro• Rea R f(r4pIKL1t CAPITAL fDKP0Mflot7 MA AG 1 P'OPOSED !2" WA1E2UAlE (APP12oy. 16c0 LF) 5t AUDI EWS \ Al 1.11 J q aT ' ' i ;i ; S 6 2' FOREST CREEK STATES SECTionl FROM: Planning and Community Development/ Public Works Department WATER/WASTEWATER OVERSIZE POLICY SUMMARY 1. EXPLANATION. All development shall be assessed a fee, calculated by living unit equivalents and rate set by Council, which shall go into the oversize account. This account is to provide for adequate and orderly extention of water and wastewater service_ If, at the direction of Public Works, a development is required to oversize utility lines in excess of the developments direct needs, the development will be given credit for the amount oversized. If the credit is in excess of the fee owed, a reimbursement will be made from the oversize account at the time of utility acceptance. II. FFF RASIR A. Residential: III. REIMBURSEMENT •.. rx..1 qq • ;q. vn 4993 10 -es (TUE) 1014? EXWIS1r Ifi" LIILi/DWIMUNG UNIT FFFILIZE WATIiR WASTEWATER COMIIINFD Single Family 1.0 1.0 2.0 $150. Two Family .90 .90 1.80 150. Tri-plex, Four -plea 0.70 0.70 1.40 150. Multi Family 0.50 0.50 1.0 150. B. Non - residential: For non - residential uses, the number of I.UE's of service shall be determined by the Director of Public Works based on certified engineers' data furnished to the city by the developer. The fee will be the LoLai number of IAMB multiplied by $300. A. Prior to utility acceptance by City, developer submits a statement of oversize credit. B. Oversize credit verified by Public Works Department. C. Reimbursement cost determined by fixed rate per inch of diameter oversized per linear foot. Credit = (Oversized diameter - needed diameter) x linear feet x $2.00 (not less than 8 ") 49 PRGE:02 FROM WATER & WASTEWATER OVERSIZE PO1.1CY 50 1993 10- 05(TUE.) 10.47 PRGE:03 Planning and Community Development/ Public works L)epnrtment (1) Oversize Mains - Water and Wastewater (a) Size of Mains All water /wastewater mains shall be installed in accordance with the Master Water and Sewer Plan as adopted and amended from time to time by the city. All mains shall be sized to provide adequate service to the tract to be developed. The cost of water /wastewater mains up to eight inches (8 "), or of a size required to serve a tract being developed, whichever is larger, shall be paid in full by the developer. (b) Oversize - O -Site Maul Where it is determined that an on -site main needs to be of a larger size than that required to serve the tract to be developed, the city may require the developer to install such oversized main. For mains up to sixteen inches (16 ") the developer shall be reimbursed the incremental cost difference required for oversizing from the oversize account described in paragraph (d) below. For oversized mains in excess of sixteen inches (16 ") the developer will be reimbursed for the incremental cost difference required for oversizing from funds approved for Capital Improvement projects, or through reimbursement contracts. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five (5) years from the effective date of the contract. (c) glyelgizeLipma.c.ballainfa Where it is determined that an approach main needs to be of a larger size than that required to serve the tract being developed, the city may required the developer to install such oversized main. Subject to review by the Planning and Zoning Commission and approval by the City Council, the city may reimburse the developer for the incremental cost difference required for the oversizing of approach mains. Upon council approval, the reimbursement for approach mains will be paid out of the oversize account described in paragraph (d) below, from funds approved for capital improvement projects, through reimbursement contracts or any combination thereof. The manner of reimbursement shall be solely at the council's discretion. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five (5) years from the effective date of the contract. (d) Oversize Account A special oversize account is hereby established for the purpose of reimbursing developers for the cost of oversizing water mains. The FROM: , , , #'a!sr . - .pro eomow.eia ..N+.s:n.n .4. 93 10- 05CTUE.) 10 :47 account shall be funded by a fee based on the number of living unit equivalents (L.UE fee) to be added to the water /wastewater system. The LUE fee will be assessed to all developers regardless of whether or not they are required to install an oversized line. In the event a developer is required to install oversized line(s), the LUE fee for that particular plat shall be due prior to acceptance by the council of the utilities for maintenance. In the event a developer is not required to Inatall oversized lines, the LUE fee for that particular plat shall be due prior to official recordation of the plat in the county clerk's office. In the event a plat is not required, the LUE is due when application is made for a building permit. Interest income earned from this account shall be added to the account. (e) Reimbursement To be reimbursed, a developer shall present in writing to the public works director, a statement of oversize credit proposed. This statement shall be presented no later than the end of the normal working day, eight days prior to the regular city council meeting, at which time acceptance of the respective oversize line is considered. The reimbursement for the cost of oversizing will be paid from available funds within ten (10) days after the utilities are accepted by the city for maintenance and developers shall be reimbursed according to the order in which the utility lines are so accepted. In the event that sufficient funds are not available, interest will accrue at a rate established by the council. In the event two (2) or more utility systems are accepted at the same council meeting; the respective developers shall share proportionally in the available funds. Provided however, that no reimbursement shall be paid to any developer who is delinquent in the payment to the city of any fees or taxes. (0 Oversize Credit In the event that there are sufficient funds in the oversized account to meet all previous commitments, a developer may be entitled to a credit against the LUE fee. Provided however, no credit will be granted to any developer who is delinquent in the payment to the city of any fees or taxes. Subject to the foregoing, a developer may reduce the amount of the LUE. fee by any amount equal to the reimbursement to which be will entitled upon utility acceptance. In the event that the utility systems has not been completed and accepted by the city within three (3) years from the date of plat approval, the LUE fee shall be immediately due and payable. (g) Determining LUE Fee. Reimbursement Rate. apd Interest Rate Each December, or more frequently if necessary, the City Council shall review and approve the LUE fee, a fixed rate of reimbursement per inch of diameter per linear foot of oversized mains installed, and the rate of interest to be paid. 51 Planning and Community Development/ Public Works Department PROE:04 FROM: (h) N'cYs. Reimbursement hate and — — - ----- ---- - -- $ 150.00 (i) LUE fee - water -- - - - --- (ii) LUE fee - wastewater (iii) Reimbursement fee - (iv) Interest rate .1993 10- 05CTUE.) 10:47 PAGE:05 Interest 1iaaa Planning and Community Development/ Public Works Department $ 150.00 $ 2.60 per inch diameter per linear fool of oversized main $ 5.25 percent per annum. 1 ( g II ' Subject to direct authorization and approval of the City Council the City may enter into an agreement whereby the City will construct water/wastewater mains Council determines that the required llow ng cond itions t ons h ve been met: If been (i) The water /wastewater main as proposed is in accordance with the master water and sewer plan; 01) One or more of the landowners who will benefit from the water /wastewater main agree to share the cost of the construction by paying in advance their projected LUE fees as estimated by the city engineer; and (iii) The city has adequate funds available either from funds approved for capital improvement projects or from other sources. Any such advanced payments shall not be deposited in the oversize account, but shall be .deposited in a special fund set aside for the construction of the specific main in questions. The advanced payments shall be based on the projected number of LUE's to be placed on the particular tract as determined by the city engineer from information supplied by the landowner. At the time been is approved for a tract for which advance payments made, the developer shall be entitled to a credit for each LUE fee previously paid. If at plat approval time the number of actual LUE'a exceed the number as previously estimated, the landowners will either be denied a certificate of serviceability or be required to pay additional LUE fees at the then current rate. In the event that the number of LUE's is less than the number previously estimated, the landowner shall not be entitled to a refund. (Ordinances: 1015, 1023, 1025, 1044, 1067, 1088, 1229 and 1239; complied & updated in subdivision ordinance.) 52 DATE: December 21, 1993 SUBJECT: City Council Meeting, December 23, 1993 ITEM: 9C. Consider a resolution authorizing the Mayor to enter into a Water Utility Agreement for Oak Bluff Phase 3. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This agreement allows for the construction of certain water improvements which will serve Oak Bluff Phase III. The agreement provides for a secondary tie -in to the Round Rock Water Supply Corp. This agreement is between Randy Morine, Forest Creek Estates, Franklin Federal and the City of Round Rock. Staff recommends entering into this agreement.