Res 2003-167 - Laserfiche WebLink

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provide the capacity needed. If the request is for interim improvements to be made prior to March 31, 2004, the party requesting the interim improvements must pay the cost of the interim improvements in a manner approved by the City. If the request is for interim improvements to be made on or after March 31, 2004, the City will pay the cost of the interim improvements. If the Fairlawn Project is not completed by March 31,2004, tlle City agrees that the wastewater service needs of the Parties otller than the City will be given priority over all other wastewater service requests with respect to capacity made available through all interim improvements. 5. Easements. The Parties agree to dedicate to the City all easements needed for the Phase 1 Project and the Phase 2 Project within their respective properties, in the locations shown generally on the map attached as Exhibit B, at no cost to the City. The Phase 1 Project Manager and Phase 2 Project Manager will each be responsible for negotiating the acquisition of necessary easements for their respective -projects from others. The City agrees to prepare legal documents for the acquisition of all easements, and to exercise its powers of eminent domain to acquire easements from others when the City and the respective Project Manager agree this is necessary. All costs associated with the obtaining of easements from others will be treated as costs ofthe respective Project, subject to allocation among the parties in the same manner as engineering and construction costs under Paragraphs 1.6 and 2.6 above. The cost of all licenses and permits needed from the railroad company for the crossing for the Phase 2 Project underneath the railroad tracks will be borne by the Phase 2 Parties in accordance with the percentages set forth in Exhibit C-2. 6. Books and Records. The Phase 1 Project Manager and the Phase 2 Project Manager agree to make all of the their respective books and records related to their respective Projects available to the Parties for inspection and copying at the respective Project Manager's offices during business hours. 7. City/Maxwell Service Boundaries. The City is negotiating an agreement with the Maxwell Water Supply Company ("Maxwell") to realign their respective water service area boundaries in the vicinity ofthe Phase 1 Project. Subject to finalization of that agreement and approval of service area boundary changes by the TCEQ, and subject to compliance with applicable City regulations (i.e., platting, zoning, water system standards, etc.) for developments on the Parties' properties in the water service area of Maxwell, the City agrees to permit connection to the Phase 1 Facilities by users ofthe -Maxwell water system for uses on the Parties properties. 8. Petition for Annexation. The execution of this Agreement by the Parties (other than the City) constitutes a petition by those Parties for annexation by the City of the Parties' respective properties as depicted on the map attached as Exhibit A. 9. Applicable Laws; Impact Fees. A. This Agreement and the provision of wastewater service through the Phase 1 Facilities and the Phase 2 Facilities are subject to all valid and applicable ordinances, fees (including City wastewater impact fees as specified in paragraph 9.B), rules, regulations, and laws of all governmental agencies having lawful jurisdiction over them. B. The City agrees that wastewater impact fees charged to each of the Parties for their respective Reserved Capacities under Paragraphs 1.7 and 2.7 during the Reservation Period above will, at the option of each such Party, be calculated at the City's prior wastewater impact fee amount of $527.00 per service unit, using the City's wastewater impact fee service unit calculations formula in effect as of September 30, 2002. l2