R-99-06-10-10E4 - 6/10/1999RESOLUTION NO. R- 99- 06- 10 -10E4
WHEREAS, the City desires to construct a waterline extension
parallel to the IH -35 West Frontage Road north of Old West Drive, and
WHEREAS, the City and the owner of the property, William E. Day,
wish to share in the costs of construction of said waterline, 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 Waterline Construction Agreement with William E.
Day for sharing construction costs of a waterline extension parallel to
the IH -35 West Frontage Road north of Old West Drive, a copy of said
Waterline Construction Agreement being attached hereto and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 10th day of June, 1999.
ATTEST:
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E LAND, City Secretary
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ROBERT A. STLUKA, J; , Mayor
City of Round Rock, Texas
WATERLINE CONSTRUCTION AGREEMENT
This Waterline Construction Agreement is entered into by and
between William E. Day ( "O -W) and the City of Round Rock, Texas
(the "City ")on this the M_ day of J JQA)E , 1999.
RECITALS
WHEREAS, Owner is the fee simple holder of the following
described property, Lot lA of the Amended William E. Day
Subdivision, recorded in Cabinet D, Slides 207 -208, Official Plat
records of Williamson County, Texas (the "Property "), and
WHEREAS, the City desires to construct a waterline extension
parallel to the Interstate Highway 35 West Frontage Road from Old
West Drive extending approximately 550 feet to the north, and
WHEREAS, the City and Owner desire to share in the costs of
construction of said waterline, upon the following terms and
conditions;
ARTICLE I
Conditions
1. The estimated cost of construction of said waterline is
$25,000.
2. In consideration of the construction of said line and the
benefits accruing to Owner, Owner agrees to pay to the City $2,106,
within ten (10) days written demand by the City. The $2,106 is
calculated by dividing 92 (the total linear feet of waterline
fronting Owner's property) by 546 (the total linear feet of
waterline in the project), multiplied by $25,000 (the total
estimated cost of construction) and divided by 2 (the City's
share).
3. If the costs of construction are more than $25,000, the Owner
shall remit to the City a pro -rata share of the costs above
$25,000, based on the above - described calculation, within ten (10)
days after receipt of written demand from the City. If the costs of
construction are less than $25,000, the City shall remit to the
Owner a pro -rata share of the costs below $25,000, based on the
above - described calculation.
4. The City reserves the right, at its sole discretion, to elect
not construct said waterline. If the City elects not to construct
said waterline, then the above - described $2,106 payment shall be
returned to the Owner.
5. If City elects to construct said waterline, then the Owner
C: \ TEXT \AOUNOAOC \MISC \DAY.NPO /cdc
agrees to dedicate a fifteen (15) foot permanent public utility
easement and a fifty (50) foot temporary construction easement,
both easements to be adjacent and contiguous to the entire IH 35
frontage of the Property, said easements to be in a form acceptable
to the City.
1. This agreement shall be binding on Owner, his heirs,
successors, and assigns or on any person or entity acquiring an
ownership interest in the Property.
2. This agreement is performable in Williamson County, Texas.
3. This agreement contains the entire agreement between the
parties. Any oral representations or modifications concerning this
agreement shall be of no force and effect.
4. Any notice required under this agreement shall be addressed as
follows:
City:
Owner:
MISCELLANEOUS PROVISIONS
Director of Public Works
City of Round Rock, Texas
2008 Enterprise
Round Rock, Texas 78664
William E. Day
11306 Indianhead Drive
Austin, TX, 78753
CITY OF ROUND ROCK, TEXAS
1.H. 35 W. Frontage Road - Water Line
DATE: June 4, 1999
SUBJECT: City Council Meeting, June 10, 1999
ITEM: 10.E.4. Consider a resolution authorizing the Mayor to execute a Waterline
Construction Agreement between the City of Round Rock and William E.
Day for sharing construction cost of the water line extension north of Old
West Drive. Staff Resource Person: Jim Nuse, Public Works Director.
This Waterline Construction Agreement is entered into by and
between William E. Day ( "Owner ") and the City of Round Rock, Texas
(the "City ")on this the day of , 1999
WHEREAS, Owner is the fee simple holder of the following
described property, Lot 1A of the Amended William E. Day
Subdivision, recorded in Cabinet D, Slides 207 -208, Official Plat
records of Williamson County, Texas (the "Property "), and
WHEREAS, the City desires to construct a waterline extension
parallel to the Interstate Highway 35 West Frontage Road from Old
West Drive extending approximately 550 feet to the north, and
WHEREAS, the City and Owner desire to share in the costs of
construction of said waterline, upon the following terms and
conditions;
ARTICLE I
Conditions
1. The estimated cost of construction of said waterline is
$25,000.
2. In consideration of the construction of said line and the
benefits accruing to Owner, Owner agrees to pay to the City $2,106,
within ten (10) days written demand by the City. The $2,106 is
calculated by dividing 92 (the total linear feet of waterline
fronting Owner's property) by 546 (the total linear feet of
waterline in the project), multiplied by $25,000 (the total
estimated cost of construction) and divided by 2 (the City's
share).
3. If the costs of construction are more than $25,000, the Owner
shall remit to the City a pro -rata share of the costs above
$25,000, based on the above - described calculation, within ten (10)
days after receipt of written demand from the City. If the costs of
construction are less than $25,000, the City shall remit to the
Owner a pro -rata share of the costs below $25,000, based on the
above - described calculation.
4. The City reserves the right, at its sole discretion, to elect
not construct said waterline. If the City elects not to construct
said waterline, then the above - described $2,106 payment shall be
returned to the Owner.
5. If City elects to construct said waterline, then the Owner
C: \TEXT \ROUNDROC \MISC \DAY.WRO /cd,
o
WATERLINE CONSTRUCTION AGREEMENT
RECITALS
agrees to dedicate a fifteen (15) foot permanent public utility
easement and a fifty (50) foot temporary construction easement,
both easements to be adjacent and contiguous to the entire IH 35
frontage of the Property, said easements to be in a form acceptable
to the City.
1. This agreement shall be binding on Owner, his heirs,
successors, and assigns or on any person or entity acquiring an
ownership interest in the Property.
2. This agreement is performable in Williamson County, Texas.
3. This agreement contains the entire agreement between the
parties. Any oral representations or modifications concerning this
agreement shall be of no force and effect.
4. Any notice required under this agreement shall be addressed as
follows:
City:
Owner:
MISCELLANEOUS PROVISIONS
Director of Public Works
City of Round Rock, Texas
2008 Enterprise
Round Rock, Texas 78664
William E. Day
11306 Indianhead Drive
Austin, TX, 78753
CITY OF ROUND ROCK, TEXAS
WILLIAM E. DAY