Res 2002-227 - Laserfiche WebLink

Home Browse Search

B. City Obligations 14. 1. The City agrees to prepare and submit to the TCEQ, by January 31, 2003, a completed application for amendment of its CCN to decertificate the area depicted on the attached map as "Tract 2" from the City's certificated area, and to add the area depicted on the attached map as "Tract 1" to the City's certificated area (the City's Application"). The City will provide a copy of the City's Application to Maxwell, and will provide information to Maxwell at Maxwell's request about the status of the City's Application. The City agrees to pursue this application with diligence and with its best efforts. 2. The City agrees that it will be responsible for all costs associated with the City's Application, including engineering and legal expenses. 3. The City agrees to submit a letter to the TCEQ expressing its agreement to Maxwell's Application as described in Paragraph A.I. above, and the City agrees not to file a protest, seek party status, or otherwise intervene in Maxwell's Application. The City. in executing this Agreement. evidences its willingness to grant one or more variances, as necessary. a;;rees to grant a variance from its ordinance that limits the provision of City wastewater service to City water service customers, to authorize City wastewater service to the area depicted on the attached map as "Tract 2" and the adjacent area of propelty depicted on the attached map as "Tract 3," to all Maxwell water utility customerswho receive or require water utility service within Tract 2 or Tract 3. The variance will be effective upon final approval by TCEQ of the Maxwell Application, and approval by Maxwell's creditors as identified in section C of this Agreement. The variance will be subject to all applicable City development approvals and standards, including zoning, platting, site development permitting and construction standards, for the improvements to be served by the wastewater service. C. Required Approvals 1. Maxwell is indebted to the United States Department of Agriculture, Rural Development ("USDA-RD") and Co-Bank National Bank for Cooperatives ("Co-Bank"). As part of this indebtedness, Maxwell has pledged its assets, including its service area, as collateral for it debt. As such, Maxwell must secure consent from both USDA and Co-Bank prior to this Agreement taking effect. Maxwell agrees to make every effort to secure the required consent in a timely manner. The signatures below indicate the consent to this Agreement by USDA-RD and Co-Bank. D. Miscellaneous 1. Tract 3 as identified herein is already entirely within Maxwell's CCN and is included herein for clarification to ensure that the variance to be granted by the City identified in item BS above shall apply to the provision by the City of wasterwater utlity service in Tract 3. 2. The variance(s) to be granted by the Citv, as identified in section B4 above. is the consideration for Maxwell entering into this Agreement and anv restriction on the granting of the variance(s). other than as identified in section B4, above constitutes a breach of this Agreement and will cause this Agreement to fail for lack of consideration. Please indicate your acceptance of this Agreement by having it signed below by an authorized officer of Maxwell. Thank you for your cooperation and assistance in this matter. 2