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<br />176. <br /> <br />RESOLUTION NO. 2001- 69 R <br /> <br />A RESOLUTION OF TIffi CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />APPROVING THE TERMS AND CONDITIONS OF AN OVERSIZE <br />REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND EMBREE GROUP, <br />INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON <br />BEHALF 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. This chapter also allows the City to require a <br />subdivision developer to install improvements that are oversized with respect to City minimum standards or <br />the needs of the subdivision, and provides for the allocation of the cost of the improvements between the City <br />and the developer. <br /> <br />2. The City requested that the developer of the Shell Food Mart/Quimo'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 Developer, through its contractor, the Embree Group, Inc., will complete 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, <br />TEXAS: <br /> <br />P ART 1. The terms and conditions of the attached Oversize Reimbursement Agreement <br />between the City and Embree Group, Inc. for the oversizing of wastewater improvements constructed <br />to serve the Subdivision are approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the Agreement on <br />behalf of the City. <br /> <br />PART 3. This Resolution shall become effective immediately from and after its passage. <br /> <br />ADOPTED on April 23, 2001. <br /> <br />/ )a../~~' <br />David Chiu <br />Mayor <br /> <br />Attest: <br />'1 / )./ " <br />.L.,~., .' '.. :;f /[\ .- -' <br />, /F' ') /1' '.';~ ' <br />G"/f' /t{.-'?11./Y v ,.,' V&/'A/cuh/ <br />J cbis K. Womack <br />City Clerk <br />