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Res 1985-104
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Res 1985-104
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8/30/2007 8:21:17 AM
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8/30/2007 8:21:17 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1985-104
Date
11/4/1985
Volume Book
73
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<br /> -3- <br /> The City agrees to: <br /> 1. Develop and update standards and specifications for <br /> water utility system improvements in the City's <br /> extraterritorial jurisdiction, and deliver a copy of said <br /> standards and specifications to the Office of Maxwell and <br /> make timely inspections of the installation of such water <br /> utility system. <br /> 2. Develop with due diligence a utility Master Plan for <br /> areas in the City's affected extraterritorial jurisdiction <br /> that are now served by Maxwell or are later served by <br /> Maxwell. <br /> 3. Compensate Maxwell at the time of transfer for those <br /> facilities identified in Exhibit "B" as such facilities as <br /> such facilities are transferred to City ownership. <br /> Compensation, herein, shall not exceed the straight-line <br /> depreciated value of such facilities at the time of transfer. <br /> 4. Waive any and all right that it may have during the two <br /> ( 2) year period following annexation or until the transfer is <br /> completed, whichever comes first, to revenue from existing <br /> customers on the Maxwell water utility system which are to <br /> become a part of the system to be transferred to the City. <br /> 5. Provide Maxwell with written notification of its intent <br /> to annex and serve the areas wherein portions of Maxwell's <br /> systems are located. <br /> 6. Provide maintenance of all Maxwell lines to be <br /> transferred to the City's ownership within the two ( 2) year <br /> period following annexation or un.til transfer is complete, <br /> subject to a performance standard to be established, and <br /> perform such maintenance utilizing either the City's force or <br /> Maxwell's (in which case Maxwell would be compensated for <br /> direct cost incurred). Suggested performance standards: <br /> leaks on lines greater than or equal to three inches (3") <br /> diameter will be repaired within four (4) hours. <br /> 7. Remove from City tax rolls at the time of annexation all <br /> property to be acquired by City from Maxwell. Franchise tax <br /> amounts shall be adjusted to exclude areas to be transferred <br /> to City ownership following annexation. Alternatively, the <br /> City shall reimburse Maxwell in the amount of said taxes. <br /> 8. Negotiate with developers to pay for overages required <br /> by the City. (Overage is defined as the size of pipe, <br /> valves, hydrants, and other system improvements used to meet <br /> City's long-term needs in accordance with City's <br /> specifications and Master Plan requirements in excess of the <br /> size of pipe, valves, hydrants, and other system improvements <br /> which would have been used to meet the developer's and <br /> Maxwell's long-term need without expecting annexation to <br /> occur, in accordance with sound engineering practices.) <br /> 9. Not interfere with Maxwell's provision of services to <br /> its customers during the period of transfer. <br /> 10. Not charge additional water fees, other than deposits, <br /> to Maxwell's existing customers upon transfer to the City's <br /> system. <br /> 11. Cooperate with Maxwell's efforts to comply with any <br /> Public Utility Commission regulations during the course of <br /> accomplishing the subject transfer. <br /> 12. Accept Exhibit "A" as repesenting Maxwell's permanent <br /> utility system. <br /> 13. Accept Exhibit "B" as representing Maxwellos lines and <br /> facilities to be transferred to City for compensation. <br />
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