ORDER NO. 20316
APPROVAL OF CITY-COUNTY SEWER CONTRACT ON
CONTOUR DRIVE SEWER PROJECT
Dn this the 10th day of June 1991, upon motion made by
Commissioner Morgan, seconded by Commissioner Oehler, the
Court unanimously approved by a vote of 4-0-0 a City-County
Sewer Contract on the Contour Drive Sewer Project and
authorized the County Judge to sign same on behalf of Kerr
County.
CITY-COUNTY SEWER CONTRACT
This City-County Sewer Contract is made this day of
June, 1991, by and between the City of Kerrville (herein called
"City") and the County of Kerr (herein called "County") as
follows:
1. Extension of Line. The County is building a sanitary
sewer line (the "Extension") from the Nimitz School sewer line
where it crosses Ranchero Road to approximately half of Contour
Drive. This Extension is located within the extraterritorial
jurisdiction of the City. City hereby consents and agrees that
the County may, at County expense, construct the Extension and
hook on to the Nimitz School sanitary sewer line at such lo-
cation.
2. Applicable Resolutions.
A. The following individuals (the "Approved Parties") have
heretofore requested connection to the Extension and
such requests have been approved by the City under City
of Kerrville Resolution 89-113:
1. Len Rawson - Jeannelle Apartments (12 units only)
2. Carey L. Tenery - Single family residence - 111
Contour
3. June C. Meyer - Single family residence - 113
Contour
B. Any action or proposal by any of the Approved Parties,
or their successors-in-title, to increase the number of
units to be served or to change the present use of
their respective properties shall be subject to the
requirements of City of Kerrville Resolution 91-125 or
such other or revised ordinances or resolutions of the
City then in effect and also to any requirements of
State law.
C. All subsequent applicants requesting connection to or
service from the Extension will be required to comply
with City of Kerrville Resolution 91-125 (or such other
or revised ordinances or resolutions of the City then
in effect) and also any requirements~~of State law prior
to the City granting any such request.
3. Expense of Extension. All of the expense of obtaining
right-of-way, bidding, engineering, contracting and construction
of the Extension shall be borne by the County. City shall have
the right to approve (A) the contractor and subcontractors, (B)
the construction contract documents (C) the right-of-way instru-
ments, and (D) all related construction matters.
4. Approval of Plans. County agrees that plans and
specifications for the Extension are subject to approval of the
City Engineer. The specifications for the construction and
installation of the Extension will be those currently utilized by
the City .
5. Inspection. City shall have the right to inspect
construction at all times and to require corrective work at the
expense of County or its contractor. County will not make final
payment to its contractor until all construction has been ap-
proved by the City.
6. Transfer. Upon completion, County shall transfer
ownership of the Extension and the acquired right-of-way inter-
ests to the City and City shall thereafter maintain the sewer
main; subject to the one (1) year guarantee of the County as
hereinafter provided. No service shall be provided prior to
transfer of ownership and rights-of-way as herein described, free
of liens and with evidence satisfactory to the City of all bills
paid for all such work.
7. warranty. County guarantees all work will be free from
defects due to faulty workmanship or materials for a period of
one (1) year from date of issuance by the City of its certificate
of acceptance. Upon notice from City, County will regain defects
in construction which develop during the specified period at no
cost to the City. Neither inspection by the City nor issuance of
the certificate of acceptance will relieve County of the above
guarantee. Notice of observed defects will be given with reason-
able promptness. Failure to repair or replace defect upon notice
will entitle City to repair or replace same and recover the cost
thereof from County upon demand. County further agrees to pay
all attorney fees, costs of court and related expenses incurred
by City in enforcement of such guarantee, whether or not suit is
filed.
8. Connections. Except only for
other party will be allowed to connect
the Extension unless the applicant is
accordance with Resolution 91-125 or
ordinances or resolutions of the City
requirements of State law.
the Approved Parties, no
to or obtain service from
approved by the City in
such other or revised
then in effect and any
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All parties connecting to or obtaining service from the
Extension will be required to pay all applicable impact fees, tap
fees, capital recovery fees and outside-the-City base charges and
usage rates as provided in the Code of Ordinances of the City of
Kerrville, as the same may be amended from time to time, as well
as meter deposits and charges and all other applicable sewer user
fees and charges; provided only that no tap fees will be charged
for the first twenty-nine (29) living units connected to or
served by the Extension.
9. Additional Connections and Further Extension. This
Contract anticipates a maximum of twenty-nine (29) individual
living units to be connected to or served by the Extension. Any
additional connections, any additional units to be served, any
different use and any extension of the sewer line, will be
subject to prior approval of the City and negotiation of a
separate contract(s) with the applicant and/or the County.
10. Refunding. Upon completion of the Extension and
determination of construction costs incurred by the County, the
City and County agree to enter into a refunding or reimbursement
contract. Under the refunding or reimbursement contract the City
will agree to assess and collect a reimbursement connection fee
from each connecting party in accordance with State law and the
Code of Ordinances of the City as the same may be revised from
time to time. The amount of the connection fee and the portion
thereof to be paid to the County will be subject to approval by
the Kerrville Independent School District ("KISD") under that
certain "Refunding Contract City-School Nimitz Sewer Line" dated
December 12, 1989 (the "Nimitz Contract"). A reimbursement
connection fee is not a tap fee nor a capital recovery fee. The
City will retain five percent (5~) of all amounts collected as a
clerical and handling charge. The refunding obligation shall not
exceed the actual construction cost of the Extension. The
refunding agreement shall terminate when construction costs are
recovered or June 11, 2001, whichever occurs first.
Nothing contained in this Paragraph 10 or elsewhere in this
Contract shall create any obligation on the City to permit third
parties to tie into the Extension or obtain service therefrom
except as herein expressly provided.
11. County Extension Fee. The County will pay to City a
one-time extension fee of $750.00 to be reimbursed by the City to
KISD under the Nimitz Contract, less the City's five percent (5$)
fee for clerical and handling charges. -~
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Executed effective as of the date set forth above.
ATTEST: CITY OF KERRVILLE
City Cler
By:
Leonard L. Holloway, Mayor
ATTEST: COUNTY OF KERR
County Cierk William G. Stacy, unty Judge
u
APPROVED:
WALLACE, MOSTY, MACHANN,
JACKSON & WILLIAMS
By:
City Attorney
Dav~ld Mo' ley, County Attorney
39EDMag
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.;~-~~~ °F,, KERR COUNTY
~a ~ > ENVIRONMENTAL HEALTH DEPARTMENT
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\~;~ -,_- ~ 101 Spur 100
~`'°' ~~"s~~r ~ Kerrville, Texas 78028
1512) 896-5101
MEMORANDUM
To: Commissioners Court
From: David L. Litke „pc. ,~,~
Date: June 4, 1991
Subject: Contour Drive Sewer Project, City-County Sewer Contract
The City has requested that the attached contract be signed and agreed upon prior
to construction of the sewer line and the subsequent inspections of the line by
city staff as it is constructed.
After the Commissioners Court signs the contract on June 10, the city council
will meet to sign it on June 11, then construction can start immediately after
that.