Res 2003-137 - Laserfiche WebLink

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to the IH-35 Project to the extent ofthe Adjusted Reserved Capacity for its property. In order to protect the right of each ofthe owners of the Bennett and Blanco properties to its Reserved Capacity in the IH- 35 Project, the City agrees to honor requests for connections to the IH-35 Project by the owner of the Bennett or Blanco properties only to the extent of their respective Adjusted Reserved Capacity, and the City agrees to deny requests to COlUlect to the IH-35 Project submitted a) by the owners ofthe Bennett or Blanco properties in excess of their respective Adjusted Reserved Capacity, or b) by others. The City may provide alternative means for water service for persons whose water service requests are denied under this paragraph, in any manner that does not reduce the amount of the Adjusted Reserve Capacity for either Bennett or Blanco. 8. Easements. Bennett and Blanco agree to acquire and/or dedicate to the City all easements needed for the IH-35 Project, in the locations shown generally on the map attached as Exhibit B-1, at no cost to the City. The cost of all licenses and permits needed ITom the railroad company for the crossing underneath the railroad tracks will be borne equally by Bennett and Blanco. The Parties anticipate that some of the needed easements will be obtained under the terms of the Wastewater Agreement. 9. Connection Fee. The City may establish and collect an assessment or fee, separate from a water impact fee, for connections to the IH-35 Project. The City agrees not to charge this assessment or fee to the owners of the Bennett or Blanco properties to the extent that the owners request water service within the Reserved Capacity for its property under Paragraph 7 above. 10. Petition for Annexation. The execution of this Agreement by Bennett and Blanco constitutes a petition by those Parties for annexation by the City ofthose Parties' respective properties as depicted on the map attached as Exhibit A. Bennett and Blanco agree to provide to the City, by October 31, 2003, a metes and bounds description prepared at their expense by a registered surveyor for an annexation area that includes their properties and the intervening railroad and county road right-of-way that is contiguous to the current city limits of the City. 11. Contingency for Development Approvals. A. The Bennett property and the Blanco property intended to be served by the IH-35 Project are vacant and undeveloped, and are subject to subdivision platting and if annexed, zoning approvals, by the City that will affect the use of the property and the need for utility facilities. The owners of the Bennett and Blanco properties shall file all required applications for such approvals, and shall pursue the approval of the applications with best efforts. The City agrees to process these applications in accordance with applicable laws and ordinances and to render decisions on the applications in a timely manner. In the event that a platting or zoning approval requested by the owners of the Bennett or Blanco properties is fmally denied or is not approved prior to the completion of the Project, such owner may exercise one of the following options: 1. If the Project Manager has not yet executed the construction contract for the IH-35 Project, the owner of the property whose platting or zoning approval that has been so denied or not approved may withdraw from this Agreement by giving written notice to the other Parties. The withdrawal will take effect ten (l0) days after the date such owner delivers the notice to the other Parties. Upon such withdrawal, the owners of the Belmett and Blanco properties 4