Res 2002-216 - Laserfiche WebLink

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the extent that any such request exceeds the City's Adjusted 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. 9. Availability of Capacity. The availability of the full capacity of the Facilities is contingent on the completion of the City's IH-35 - Fairlawn Wastewater Improvements Project (the "Fairlawn Project"). The completion of the Fairlawn Project is anticipated to coincide with the completion of the Project and, in any event, the City agrees to ensure that such completion is achieved no later than October 31, 2004. In the event, however, that the Fairlawn Project is not complete at the time a Party wishes to initiate service through the completed Facilities, that Party may submit a written request to the City to make interim improvements needed to provide capacity for that Party. The City will use its best efforts to make the interim improvements to 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, the City agrees that the wastewater service needs of the Parties other than the City will be given priority over all other wastewater service requests with respect to capacity made available through all interim improvements. 10. Easements. The Parties agree to dedicate to the City all easements needed for the Project within their respective properties, in the locations shown generally on the map attached as Exhibit B, at no cost to the City. The Project Manager will be responsible for negotiating the acquisition of necessary easements 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 Project Manager agree this is necessary. All costs associated with the obtaining of easements from others will be treated as costs of the Project, subject to allocation among the parties in the same manner as engineering and construction costs under Paragraph 7 above. The cost of all licenses and permits needed from the railroad company for the crossing underneath the railroad tracks will be borne equally by Bennett and Dam Blanco. 11. Books and Records. The Project Manager agrees to make all of the Project Manager's books and records related to the Project available to the Parties for inspection and copying at the Project Manager's offices during business hours. 12. 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 of the 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 Facilities by users of the Maxwell water system for uses on the Parties properties. 13. 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. 5