Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos

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ARTICLE XII WASTEWATER SERVICE Section 12.01 Wastewater Service. The City will provide wastewater service to the Property in accordance with the provisions of the City utility ordinances and applicable City Codes, including impact fees and rates applicable to property within the City limits. Cotton Center will provide wastewater collection and conveyance infrastructure in compliance with City Code, policy, and City engineering design criteria suitably sized to handle peak design flows per the criteria. The City reserves the right to oversize the infrastructure at City expense in conformance with the City Code. The developer or the City may be eligible for pro -rata reimbursement for any extensions and oversizing where that is determined applicable in the City Code. The developer understands and agrees that the water provider to the development will provide water usage information by service connection account each month for the purpose of determining the appropriate wastewater service charges for billing the customers. Said information shall be provided to the Executive Director of the City of San Marcos Public Services. The developer also understands and agrees the water service provider is required to disconnect water service as applicable in the event of non-payment of wastewater charges to the City for service provided. Owner anticipates that the Project will require 7,530 LUEs of wastewater from the City. The City hereby agrees to build or expand facilities in order to provide service to the Project up to a maximum of 7,530 LUES. The Parties acknowledge that all 7,530 LUEs of service will not be available at once, but will be provided by the City on a timely basis to meet the needs of the Project as it builds out over time. At the time of execution of this Agreement, City anticipates and represents in the City's 2015 Wastewater Master Plan, that it will have sufficient wastewater capacity to serve the Project. City further acknowledges that its approval of any Concept Plat of property within the Project shall constitute a representation by the City that it has sufficient wastewater capacity available to serve the platted lots at the time of Concept Plat approval. If the City refuses or is unable to build or extend facilities to provide wastewater service on a timely basis as provided above the City shall be in default and Owner shall be entitled to pursue remedies as provided in Section 17.07 below. Before a neighboring development is allowed to tie-in/use wastewater lines or facilities constructed by Owner, the City shall require the neighboring owner to enter into an agreement requiring the neighboring owner to pay for its pro rata share of the costs of such lines and facilities to the City, which will then be reimbursed by the City to Owner.