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207 RESOLUTION NO. 2000- 237R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN OVERSIZE REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND EMBREE HEALTHCARE GROUP, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The Subdivision Chapter of the City Code provides for the installation of certain public improvements associated with new subdivisions. This chapter also allows the City to require a subdivision developer to install improvements that are oversized with respect to City minimum standards or the needs of the subdivision, and provides for the allocation of the cost of the improvements between the City and the developer. 2. The City requested that the developer of the La Vista subdivision (the "Subdivision"), La Vista Foundation I, LLP, (the "Developer") oversize certain water and wastewater utility improvements (the "Utility Improvements") associated with the Subdivision to provide for future City utility needs. 3. The Developer, through its Contractor, Embree Healthcare Group, Inc., completed the Utility Improvements in accordance with the requirements of Chapter 110 of the San Marcos City Code. 4. The Contractor has submitted an invoice to the City for the Utility Improvements on the basis that the Developer is no longer involved in the Subdivision and has refused to pay the Contractor for the Utility Improvements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The terms and conditions of the attached Oversize Reimbursement Agreement between the City and Embree Healthcare Group, Inc. for the oversizing of water and wastewater improvements constructed to serve the La Vista subdivision are approved. PART 2. The City Manager, Larry D. Gilley, is hereby authorized to execute the Agreement on behalf of the City.