Ord 1985-118 - Laserfiche WebLink

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the design and construction management for the Regional facilities, both water and wastewater, shall be under the direction and supervision of the respective engineer for each district or developer, with such responsibility being divided such that the regional facilities on the east side of IH-35 including the construction of the water main across Interstate 35 to the east side of the Interstate are the responsibility of the district engineer or engineers of Hays County Municipal Utility Districts Nos. 2 and 3 and those facilities on the west side of IH-35 including the construction of the wastewater main across Interstate 35 to the east side of the Interstate are the responsibility of the district engineer or engineers for this district and the San Marcos Municipal Utility District No. 1. Subject to the consent of the District, Storm Development may serve as the project manager for the construction of all regional water and wastewater facilities to be constructed or acquired by this District as set forth in Exhibit "B" hereto. It is also understood that Storm Development and the District shall construct internal water, wastewater and drainage facilities to serve the needs of the District as indicated in the Service Plan, and the City shall have no obligation with respect to financing or paying for such construction or such facilities. Storm Development or the District shall cause to be designed and constructed water wells and treatment facilities, transmission mains, water storage reservoirs, pumping improvements and the internal distribution system in accordance with City standards, specifications and utility service plans. The overflow elevations of the water storage reservoirs of the District shall be designed to meet the City's specifications in order that said reservoirs may be integrated into the City's water system. Storm Development or the District shall also cause to be designed and constructed any internal wastewater treatment and disposal facilities and the internal wastewater collection system in accordance with the plans prepared by the engineer for Storm Development or the District, which plans shall meet the standards, specifications and utility service plans of the City for similar facilities. Construction of any facility shall not commence unless the plans and specifications therefor have been approved by all governmental entities having jurisdiction. The City shall have the right to inspect the facilities and to require payment of its standard City fees for construction plan review and construction inspection undertaken by the City. Provided, however, the District and/or Storm Development shall have the right to impose specifications and requirements for construction and installation which exceed or are more restrictive than those established by the governmental agencies. Upon the issuance and sale of its bond anticipation notes or bonds for such purposes, the District shall pay Storm Development the cost of construction of any facilities constructed by Storm Development to the extent authorized by the Texas Water Commission. To the extent the District is not permitted to pay Storm Development for any facility for capacity necessary to serve the District, Storm Development shall dedicate such facility to the District without compensation. Provided, however, this obligation to dedicate without compensation shall have no effect on the City's obligations in Section G below to reimburse Storm Development for construction of one-half of the city's pro-rata share of the 1990 utility system. It is further understood and agreed by the parties that in the event a party needs to construct regional facilities in ~dvance of the schedule set forth for joint participation by the parties for construction of regional facilities prescribed in the Service Plan with or without other persons not a party to this Agreement, the party needing the additional regional facilities may cause construction of such facilities to occur at its expense. Before commencing such construction, such party shall first send written notice of its intent to all other parties by certified mail, return receipt requested, to allow other parties to participate in the advance construction. Should any party elect within forty-five (45) days of such notice to participate in advance construction that party shall give written notice by certified mail, return receipt requested, to the party electing to commence construction and A:SMMUD1.4-3 (1/22/86)