Res 2013-181/Authorizing a Utility Extension and Participation agreement between C.S. Meeks

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Utility Extension Agreement Between The City of San Marcos and C.S. Meeks, LLC. This Agreement is made on jo p (Z e 1• i3E= )z �2 2013 between the City of San Marcos, a Texas home -rule municipal corporation (the "City "), 630 E. Hopkins, San Marcos, TX 78666, and C.S. Meeks, LLC (the "Developer "), a Texas Limited Liability Company with its principal place of business at 310 W. San Antonio Street, San Marcos, TX 78666. Recitals 1. Developer owns Lot 1, Block 2, Section 2, R and R Subdivision, Barnett O. Kane Survey, Hays County consisting of approximately 1.00 acre depicted in Exhibit A ( "Property ") located within the City's Extraterritorial Jurisdiction ( "ETJ") that is currently undeveloped land without wastewater service. Developer intends to extend wastewater service from the City's manhole located at Highway 123 to the Property. 2. CHAPTER 2, DEVELOPMENTS IN THE ETJ, ARTICLE 3, DIVISION 1 of the City Land Development Code provides that a landowner may petition the City to extend City utility facilities to land located within the City's ETJ accompanied by a request for annexation of Developer's Property. 3. TEXAS LOCAL GOVERNMENT CODE SECTION 212.071 authorizes a city to cost - participate with a Developer of a subdivision of land to construct public improvements. 4. The Property is within the City's certified service area for wastewater. 5. The City desires to have the Developer design and construct both the Developer's and the City's portion of an 8 inch wastewater line from an existing manhole located at Highway 123 together with associated improvements to the Property on Redwood Road (the "Improvement ") ( "Improvement ") and City will cost participate in paying 100% to oversize the wastewater line. Developer will construct the size and length of line to meet the greater of the City minimum standards for wastewater facilities or the needs of the Property being developed. The City Engineer has reviewed the data, reports and analysis, including that provided by Developer's engineers, and determined that such public improvement qualifies for joint City- Developer participation. AGREEMENT The City and the Developer, in consideration of the recitations hereinabove and the mutual promises, covenants and agreements set forth in this Agreement, agree and contract as follows: