ORDER HD. 20341
BASED OH DAVID LITKE'S RECOMMENDATION, APPRDVAL
OF THE CITY-COUNTY SEWER CONTRACT FOR THE
CONTOUR DRIVE SEWER PROJECT
On this the 20th day of June 1991, upon motion made by
Commissioner Holekamp, seconded by Commissioner Oehler, the
Court unanimously approvfd by • vot• of 3.0-0 the City-County
Sewer Contract for the Contour Drive Sewer Project, based on
the recommendation of David Litke, Head of Kerr County
Environmental Health and authorized the County Judge to sign
same on behalf of Kerr County.
COMMISSIONERS' COURT AGENDA REQUEST
PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REDUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: DAVID LzT~
MEETING DATE
June 20, 1991
OFFICE : ~t ~~ EL`1ylROt~rAL ~Tx
TIME PREFERRED:
SUBJECT : (PLEASE B E SPECIFIC) ~_ „T •• OF CITY-COiJN'I'Y SEWER aOrrrRACr FOR
CON'T'OUR DRIVE SEWER P12QJDCP
EXECUTIVE SESSION REQUESTED: YES _ NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article b252-17 is as follows:
* Meetings held on second Monday:. 12:00 P.M. prevlous Wednesday
~ Meetings held on Thursdays: 5:00 P.M. prevlous Thrusday
THIS REDUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : ~,-'~3' 9~ ~ ~ ~~~ -~ ~~"
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
CITY-COUNTY SEWER CONTRACT
This City-County Sewer Contract is made this o~0~/ day of
June, 1991, by and between tYie City of Kerrville (Pier n called
"City") and tYie County of Kerr (herein called "County") as
follows:
1. Extension of Line. TYie County is building a sanitary
sewer line (tYie "Extension" ) from tYie Nimitz ScYiool sewer line
wYiere it crosses RancYiero Road to approximately Yialf of Contour
Drive. TYiis Extension is located witYiin tYie extraterritorial
jurisdiction of tYie City. City Yiereby consents and agrees tYiat
tYie County may, at County expense, construct tYie Extension and
nook on to the Nimitz ScYiool sanitary sewer line at such lo-
cation.
2. Applicable Resolutions.
A. TYie following individuals (tYie "Approved Parties") Yiave
Yieretofore requested connection to the Extension and
sucYi requests Have been approved by tYie 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 tYie Approved Parties,
or their successors-in-title, to increase tYie number of
units to be served or to change tYie present use of
their respective properties sYiall be subject to tYie
requirements of City of Kerrville Resolution 89-113 or
sucYi otYier or revised ordinances or resolutions of tYie
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
witYi City of Kerrville Resolution 89-113 (or sucYi other
or revised ordinances or resolutions of the City tYien
in effect) and also any requirements of State law prior
to tYie City granting any sucYi request.
3. Expense of Extension. All of the expense of obtaining
rigYit-of-way, bidding, engineering, contracting and construction
of tYie Extension sYiall be borne by the County. City sYiall Yiave
tYie rigYit to approve (A) tYie contractor and subcontractors, (B)
tree construction contract documents (C) tYie rigYit-of-way instru-
ments, and (D) all related construction matters.
4. Approval of Plans. County agrees tYiat plans and
specifications for tYie Extension are subject to approval of tYie
City Engineer. TYie specifications for tYie construction and
installation of tYie Extension will be those currently utilized by
the City.
5. Inspection. City sYiall Yiave tYie rigYit 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 Yias been ap-
proved by tYie City.
6. Transfer. Upon completion, County sYiall transfer
ownersYiip of tYie Extension and tYie acquired right-of-way inter-
ests to tYie City and City sYiall tYiereafter maintain tYie sewer
main; subject to tYie one (1) year guarantee of tYie County as
Yiereinafter provided. No service sYiall be provided prior to
transfer of ownersYiip and rigYits-of-way as Yierein described, free
of liens and witYi evidence satisfactory to tYie City of all bills
paid for all sucYi work.
7. Warranty. County guarantees all work will be free from
defects due to faulty workmansYiip 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 repair defects
in construction wYiicYi develop during tYie specified period at no
cost to tYie City. NeitYier inspection by tYie City nor issuance of
tYie certificate of acceptance will relieve County of tYie above
guarantee. Notice of observed defects will be given witYi reason-
able promptness. Failure to repair or replace defect ,upon notice
will entitle City to repair or replace same and recover tYie cost
tYiereof from County upon demand. County furtYier agrees to pay
all attorney fees, costs of court and related expenses incurred
by City in enforcement of sucYi guarantee, wYietYier or not suit is
filed.
8. Connections. Except only for the Approved Parties, no
otYier party will be allowed to connect to or obtain service from
tYie Extension unless the applicant is approved by tYie City in
accordance witYi Resolution 59-113 or such otYier or revised
ordinances or resolutions of tYie City tYien in effect and any
requirements of State law.
-2-
All parties connecting to or obtaining service from tYie
Extension will be required to pay all applicable impact fees, tap
fees, capital recovery fees and outside-tYie-City base cYiarges and
usage rates as provided in tYie Code of Ordinances of tYie City of
Kerrville, as tYie same may be amended from time to time, as well
as meter deposits and cYiarges and all otYier applicable sewer user
fees and cYiarges; provided only tYiat no tap fees will be cYiarged
for tYie first twenty-nine (29) living units connected to or
served by tYie Extension.
9. Additional Connections and FurtYier Extension. This
Contract anticipates a maximum of twenty-nine 29) individual
living units to be connected to or served by tYie Extension. Any
additional connections, any additional units to be served, any
different use and any extension of tYie sewer line, will be
subject to prior approval of tYie City and negotiation of a
separate contract(s) with tYie applicant and/or tYie County.
10. Refunding. Upon completion of tYie Extension and
determination of construction costs incurred by tYie County, tYie
City and County agree to enter into a refunding or reimbursement
contract. Under tYie refunding or reimbursement contract tYie City
will agree to assess and collect a reimbursement connection fee
from eacYi connecting party in accordance witYi State law and tYie
Code of Ordinances of tYie City as tYie same may be revised from
time to time. TYie amount of tYie connection fee and tYie portion
tYiereof to be paid to tYie County, if any, will be subject to
approval by tYie City and also Kerrville Independent ScYiool
District ("KISD") under tYiat certain "Refunding Contract
City-ScYiool Nimitz Sewer Line" dated December 12, 1989 (tYie
"Nimitz Contract"). TYie County acknowledges tYiat KISD is
entitled to reimbursement or refunding amounts under Nimitz
Contract when connections are made, a copy of wYiich Nimitz
Contract is attached Yiereto. Payment to KISD will be made in
preference to any refunding or reimbursement to the County. A
reimbursement connection fee is not a tap fee nor a capital
recovery fee. TYie City will retain five percent (5$) of all
amounts collected as a clerical and Yiandling cYiarge. TYie refund-
ing obligation sYiall not exceed tYie actual construction cost of
tYie Extension. TYie refunding agreement sYiall terminate wYien
construction costs are recovered or June 11, 2001, wYiicYiever
occurs first.
NotYiing contained in tYiis ParagrapYi 10 or elsewYiere in tYiis
Contract sYiall create any obligation on tYie City to permit tYiird
parties to tie into tYie Extension or obtain service tYierefrom
except as Yierein expressly provided.
-3-
Executed effective as of tYie date set fortYi above.
ATTEST:
l ; ~; ~ '
~ ~.
City Clerk ,~~ ~~~ %t~'
CITY OF KERRVILLE
By : d~,
eonard L. Holloway, May
ATTEST:
_ ~ ~
County Clerk
APPROVED:
WALLACE, MOSTY, MACHANN,
JACKSON & WILLIAMS
By • ~Gf
City Attorney
Da`6id Mc/tley, County Attorney
39EDMag
COUNTY OF KERR
(~/ ~~
William G. Stacy, ounty Judge
-4-
J ~ .. _.
REFUNDING CONTRACT CITY - SCHOOL
NIMITZ SEWER LINE
This Refunding Contract entered into by and between the
City of Kerrville and the Kerrville Independent School District
as follows:
1. This Refunding Contract pertains to that portion of what
is known as the Nimitz Sewer Line that lies outside the city
limits, pursuant to that certain "City-School Sewer Contract",
dated December 11, 1986. The linear feet of such sewer line is
3,471 feet, and the cost per foot thereof was 24.43.
2. In the event the City permits others to tie on to said
line, then the City agrees to assess and collect a connection
fee. A connection fee is not a tap fee, nor a capital recovery
fee. A tap fee is to reimburse the City for the actual cost of
making the tie in, and the capital recovery fee is for the
recovery of the cost of the Wastewater Treatment Plant and the
sewer system in general.
3. The connection fee to be charged shall be on a cost per
front foot basis at $5.00 a front foot, or according to the
attached schedule, whichever is greater. Except, however, no
owner of a dwelling unit shall be obligated to pay a connection
Fee in excess of $750.00 per unit.
4. This Contract does not create a general obligation upon the
City to permit out of city sewer connections. Thus, permission
remains discretionary with the City, and in particular, each
applicant must meet the requirements of Resolution 89-113,
"Amending City Policy to Permit Out of City Sewer Connections."
t~'oluine~~Page=~~~
~~
5. The city of Kerrville agrees to provide to Nimitz School,
as long as desired by KISD, adequate sewerage service consistent
with that provided other schools in the KISD system located
within the city limits of Kerrville at costs consistent with
those charged other customers of the City of Kerrville.
6. In the event the City collects such a connection fee, then
the City shall retain 5' thereof for clerical and handling, and
promptly remit the remaining 95q to the School District.
7. The amount to be refunded to the School District shall not
exceed $84,804.00,
8. KISD agrees to give ownership of the line to the City of
Kerrville, and the City of Kerrville agrees to provide
maintenance service.
9. This contract shall terminate on September 1, 1997.
10. Notwithstanding anything herein to the contrary, the City
shall owe the identical duties, and shall have the identical
liabilities, neither more nor less, to the School District, as
the City has to an in-city sewer customer. This contract does
not waive the governmental immunitnies of either party.
SIGNED, this ~ day of 1J~rn~.., /. ~ _ 1989.
ATTEST
Sfieila Brand, City Clerk
~~r PPROVED
~_~ ~ ~ 3 -
Thomas ~S . T yell
City Attor ey
ATTEST
~r
Secr ary
CITY OF KEnR,R~VILLE
Leonard L. Holloway, Maydr
SCH 0 T I T
ay:
President,~oard
Trustees
SCHEDULE OF FEES
a. Single family dwellings
b. Multi-family dwellings
(Apartments, Condominiums)
Efficiencies and one-bedroom
Two bedroom
Three or more bedrooms
c. Hospitals and/or Nursing Homes
d. Hotels and Motels
e. All other commercial industrial
fees will be based on water meter
sizes as follows:
Meter Size
5/g~~ _ 3/4~~
1"
1~"
z
2"
3,. - _ ..
4"
6"
Over 6"
~• Per Bed
''~% Per Living Unit
$ 500.00
200.00 ~~
350.00 -_-'_
500.00 *~'_
400.00 '_
100.00 '_
$ 500.00
1,000.00
1,500.00
2,000.00
4,000.00
5,000.00
7,000.00
15,000.00
ORDER N0. 20341
BASED ON DAVID LITKE'S
RECONA4ENDATION, APPROVAL
OF THE CITY-COUNTY SEWER
CONTRACT FOR THE CONTOUR
DRIVE SEWER PROJECT
JUNE 20, 1991
Vo1.S,pg 289