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<br />89. <br /> <br />RESOLUTION NO. 2002-tiL R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF <br />AN AMENDED OVERSIZE REIMBURSEMENT AGREEMENT <br />BETWEEN THE CITY AND EMBREE GROUP, INC.; AUTHORIZING <br />THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF <br />OF THE CITY; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The Subdivision Chapter of the San Marcos City Code provides for the installation of certain <br />public improvements associated with new subdivisions, and allows the City to require a developer to install <br />improvements that are oversized with respect to City minimum standards or the needs of the subdivision, and <br />provides for the allocation of the cost of the improvements between the City and the developer. <br /> <br />2. The City requested that the developer of the Shell Food MartlQuimo's subdivision at the <br />intersection of Wonder World Drive and IH-35 (the "Subdivision"), U.S. Restaurant Properties, Inc. (the <br />"Developer"), install an oversize, 10" diameter wastewater utility line (the "Utility Improvements") associated <br />with the Subdivision to provide for future City utility needs. <br /> <br />3. The City executed an oversize reimbursement agreement with the Embree Group on February 28, <br />2000 related to the Utility Improvements. The City, since that time requested that the Embree Group perfonn <br />additional work on the Utility Improvements, necessitating an increase in the cost of the improvements. <br /> <br />3. The Developer, through its contractor, the Embree Group, Inc., has completed the Utility <br />Improvements in accordance with the requirements of Chapter 110 of the San Marcos City Code. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The terms and conditions of the attached Amended and Restated Oversize Reimbursement <br />Agreement between the City and Embree Group, Inc. for the oversizing of wastewater improvements <br />constructed to serve the Subdivision are approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the Agreement on behalf of the <br /> <br />City. <br /> <br />PART 3. This Resolution shall become effective immediately from and after its passage. <br /> <br />ADOPTED on April 8, 2002. <br /> <br />-~aVid Chiu <br />Mayor <br /> <br /> <br />Attest: <br /> <br /> <br />C:\TEMP\oversize K-Embree.doc <br />