Res 2003-167 - Laserfiche WebLink

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service units (SU) determined by using the City's wastewater impact fee service unit calculations formula in effect as of September 30, 2002: Party Reserved Capacity (SU) Bennett 1,100 Blanco 1,080 It is expressly understood and agreed that the Phase 2 Reserved Capacity is not in addition to the Phase 1 Reserved Capacity, but is the same amount of Reserved Capacity, and that the total Reserved Capacity in the Phase 1 and Phase 2 Projects under the terms of this Agreement is 1,100 SUs for Bennett and 1,080 SUs for Blanco. The Phase 2 Reserved Capacity for Bennett and Blanco in this table is preliminary in nature. Bennett and Blanco each agree to make any final adjustments to their respective Phase 2 Reserved Capacities by written notice to the Phase 2 Engineer and the other Phase 2 Parties no later than October 10,2003. The Phase 2 Engineer will modify the table and the attached Exhibit C-2 with respect to the cost-sharing percentages of the Parties, and provide a copy of the modified table and Exhibit C-2 to all of the Parties. The Phase 2 Reserved Capacity for Bennett or Blanco will be reduced for each City wastewater impact fee service unit issued by the City to that Party for use of tlle Phase 2 Facilities, and the resulting Phase 2 Reserved Capacity will be deemed the "Adjusted Phase 2 Reserved Capacity" for that Party. The City agrees to honor requests by Bennett or Blanco to connect to the Phase 2 Facilities to the extent of the Adjusted Phase 2 Reserve Capacity for the respective Party. In order to protect the right of Bennett and Blanco to its respective Phase 2 Reserved Capacity in the Phase 2 Facilities, the City agrees to verify that sufficient Adjusted Phase 2 Reserve Capacity for the City remains in the Phase 2 Facilities to serve a request to connect to the Phase 2 Facilities by a non-party to this Agreement, or by Bennett or Blanco to the extent the request exceeds the Adjusted Phase 2 Reserved Capacity for the respective Party, before approving the request. To the extent that any such request exceeds the City's Adjusted Phase 2 Reserve Capacity, the City agrees to deny the request. The City may provide alternative means for wastewater service for persons whose wastewater 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. In the event that either Bennett or Blanco withdraws :fi:om the Phase 2 portion of this agreement under Paragraph 2.6.A or Paragraph 2.8.A, and the City pays -the withdrawing party's share of the Phase 2 Project costs, then the City will be entitled to the withdrawing Party's Phase 2 Reserved Capacity (in addition to that shown for the City in Exhibit C-2), and the references to the City's treatment of Phase 2 Reserved Capacity for Bennett and Blanco in this paragraph will apply only to the Phase 2 Party that did not withdraw from the Phase 2 portion of this Agreement. 2.8. Contingency for Development Approvals - Phase 2 Project. A. The Bennett property and the Blanco Property intended to be served by the Phase 2 Facilities are vacant and undeveloped, and is subject to subdivision platting and, upon aImexation, zoning approvals by the City that will affect the use of the property aIld the need for utility facilities. Bennett and Blanco each agree to fIle all required applications for such approvals, aIld to pursue the approval of the applications with their 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 Belmett or Blanco is finally denied or not approved by the City prior to completion ofthe Phase 2 Project, that Phase 2 Party may exercise one of the following options: 10