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R-99-06-10-10E5 - 6/10/1999RESOLUTION NO. R- 99- 06- 10 -10E5 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 Thomas James Moulson, the owner of the property, 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 Thomas James Moulson 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: JO LAND, City Secretary K ; \WPPOOS \RGSOLUTI \R90610E5. "WPO /S, City of ROB A. STLUKA, JR,{/ Mayor Round Rock, Texas C-\ TE% T \ROUNDROC \MISC \MOULTON.NPD /cdc WATERLINE CONSTRUCTION AGREEMENT :erline Construction Agreement is entered into by and between Thomas James Moulson ('Own) and th City of Round Rock, Texas (the "City ")on this the l day of )E , 1999. RECITALS ARTICLE I Conditions WHEREAS, Owner is the fee simple holder of that certain 1.678 acre tract of land more fully described in Document #9828205, Official Records, 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; 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 $10,394, within ten (10) days after receipt of written demand from the City. The $10,394 is calculated by dividing 454 (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 to construct said waterline. If the City elects not to construct said waterline, then the above - described $10,394 payment shall be returned to the Owner. 5. If City elects to construct said waterline, then the Owner 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. MISCELLANEOUS PROVISIONS 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: Director of Public Works City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 i Thomas James Moulton 1100 Sea Lane Corona Del Mar, CA 92625 CITY OF ROUND ROCK, TEXAS 5 ROE A. STL , JR. MAYOR THOMAS JAMES MOUL7ON 5 1.H. 35 W. Frontage Road - Water Line DATE: June 4, 1999 SUBJECT: City Council Meeting, June 10, 1999 ITEM: 10.E.5. Consider a resolution authorizing the Mayor to execute a Waterline Construction Agreement between the City of Round Rock and Thomas James Moulson for sharing construction cost of the water line extension north of Old West Drive. Staff Resource Person: Jim Nuse, Public Works Director.