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Res 2004-045
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Res 2004-045
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Last modified
7/12/2004 11:21:15 AM
Creation date
7/8/2004 9:56:25 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2004-45
Date
3/8/2004
Volume Book
155
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<br />apportioned Reasoners' costs are incorporated into the contribution totals for the respective Parties <br />shown on the attached Exhibit C-2, Table 2. <br /> <br />4. Paragraph 1.4 L of the Agreement is amended as follows (underlining indicates added text; <br />overstrike indicates deleted text): <br /> <br />Ensure that the Phase I Contractor completes the construction of the Phase 1 Proj ect no later <br />than November 1 March 31,2004. <br /> <br />5. Paragraph 1.7 of the Agreement is amended as follows (underlining indicates added text; <br />overstrike indicates deleted text): <br /> <br />1. 7. Reservation of Wastewater Capacity in Phase 1 Project. The City agrees to reserve, for a <br />period of ten ye(j.rs after substantial completion of the Phase 1 Facilities (the "Phase 1 <br />Reservation Period"), the following capacity (the "Phase 1 Reserved Capacity") for each ofthe <br />Parties in the Phase 1 Facilities for use by the Parties on their respective properties, in the City's <br />wastewater service units (SU) determined by using the City's wastewater impact fee service unit <br />calculations formula in effect as of September 30, 2002: <br /> <br />Party Reserved Capacity (SU) <br />Bennett 1,100 <br />Perry 1,200 <br />Nash 35 <br />Blanco Carner-Carma 1,080 <br />Interstate 75 <br />Sun 217 (in addition to the 306 SUs <br /> in use) <br />Reasoners 150 <br /> <br />The Phase 1 Reserved Capacity for each Party in this table is preliminary in nature. The <br />Parties agree to make any final adjustments to their respective Phase 1 Reserved Capacities <br />by written notice to the Phase 1 Engineer and the other Parties no later than October 10, <br />2003. The Phase 1 Engineer will modify the table and the attached Exhibit C-I with respect <br />to the cost-sharing percentages of the Parties, and provide a copy of the modified table and <br />Exhibit C-l to all of the Parties. The Phase 1 Reserved Capacity for each Party will be <br />reduced for each City wastewater impact fee service unit issued by the City to that Party for <br />use ofthe Phase 1 Facilities, and the resulting Phase 1 Reserved Capacity will be deemed the <br />"Adjusted Phase I Reserved Capacity" for that Party. The City agrees to honor requests by a <br />Party to connect to the Phase 1 Facilities to the extent of the Party's Adjusted Phase 1 <br />Reserve Capacity. In order to protect the right of each Party to its Phase 1 Reserved Capacity <br />in the Facilities, the City agrees to verify that sufficient Adjusted Phase 1 Reserved Capacity <br />for the City remains in the Phase 1 Facilities to serve a request to connect to the Phase 1 <br />Facilities by a non-party to this Agreement, or by a Party to the extent the request exceeds the <br />Party's Adjusted Phase I Reserved Capacity, before approving the request. To the extent <br />that any such request exceeds the City's Adjusted Phase 1 Reserve Capacity, the City agrees <br /> <br />2 <br />
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