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Res 2024-078 approving an agreement with Clint Jones, owner of Fleming Farms, Highlander S M Two, Rattler Ridge, LP., and JLBC 710 Investments, LLC, owner of Sedona South, to provide for the sharing of costs for the construction
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Res 2024-078 approving an agreement with Clint Jones, owner of Fleming Farms, Highlander S M Two, Rattler Ridge, LP., and JLBC 710 Investments, LLC, owner of Sedona South, to provide for the sharing of costs for the construction
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5/21/2024 4:00:55 PM
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5/21/2024 3:54:45 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-78
Date
5/7/2024
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14. "Highlander Discharge Permit" shall mean Texas Pollutant Discharge Elimination <br /> System (TPDES) Permit No. WQ0016163001. <br /> 15. "Hays-Guadalupe County Municipal Utility District No. 1" or "HGC MUD 1" <br /> shall mean a proposed conservation and reclamation district and body politic and <br /> governmental agency of the State of Texas that is anticipated to include the <br /> Highlander Tract within its boundaries. <br /> 16. "Highlander Easements" shall mean: (i) two (2) non-exclusive 20-foot-wide <br /> wastewater line/force main/lift-station easements to be granted by JLBC to the <br /> City,each of a form and content and in a location in,to,under,and across a portion <br /> of the Sedona South Tract reasonably acceptable to JLBC and consistent with <br /> JLBC's plan for development of the Sedona South Tract and within which portions <br /> of the Wastewater Collection System connecting the Highlander Tract to the Main <br /> Lift Station may be located; and (ii) two (2) 40-foot-wide temporary construction <br /> easements to be granted by JLBC to Highlander and/or HGC MUD 1, each of a <br /> form and content reasonably acceptable to JLBC and adjacent to and overlapping <br /> the easements described in item (i) above to facilitate Highlander's construction <br /> and installation of the portions of the Wastewater Collection System described in <br /> item (i) above. <br /> 17. "Highlander Tract" shall mean that certain approximately 327 acres of land owned <br /> by Scott Mann, Loretta Mann, and Raquel Werner and in which Highlander holds <br /> an equitable interest pursuant to a written purchase agreement as of the Effective <br /> Date, shown more particularly on Exhibit B, attached hereto. <br /> 18. "Interim Plant" shall mean the temporary wastewater treatment plant constructed <br /> by the City and located on the Plant Site for the City to provide Wastewater <br /> Services to Customers temporarily until the Plant is constructed and operational. <br /> 19. "Improvements" shall mean the Internal Improvements (as hereinafter defined) <br /> and Offsite Improvements (as hereinafter defined). <br /> 20. "LUE" shall mean a living unit equivalent, which is an estimation of the typical <br /> wastewater flow produced by a single-family residence in a typical subdivision, <br /> being 200 gallons per day. <br /> 21. "LUE Fee" shall mean: (i) the $8,300 per LUE that Jones, Rattler and Highlander <br /> agree to pay, or cause to be paid, to the City in accordance with the Payment <br /> Schedule (as hereinafter defined); and (ii) the $7,550 per LUE that JLBC agrees to <br /> pay, or cause to be paid,to the City in accordance with the Payment Schedule. The <br /> LUE Fees shall be the only fees required by the City to be paid for a unit to be <br /> Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R <br /> Page 5 of 47 <br />
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