WALLACE, MOSTY, MACHANN, JACKSON & WILLIAMS
ATTORNEYS AT LAW
A PARTNERSHQ' OF PROFESSIONAL CORPORATIONS
DAV>D L Iwa:~a~ • TELEPHONE SI2/8%.982I
is DWAnve Mncr3wrrN TELEFAX512/257-6179
RiCtwtD C. Moss'
IbGARA. WALU~
N. KERN WILLIAMS 820 MAIN ST., SUITE 700
S. PRESTON DOUGLASS, JA KERRVILLE, TEXAS 780285300
C:ctol.~er 2 , 1991
HAND DELIVERED
Mr. Dane Tune
City of Kerrville
800 Junction Highway
Kerrville, Texas 78028
'BMR!D~~.C..F.x..t.o-gu.
FARM, RANQ{ CCwo.~IEQAL
AND RESiDEhT17AL REAL ESTATE
'•80ARD CERT47ED
PERSONAL INJURY TR1A L I.A W
Re: Refunding Contract/Dlimitz Sewer Line Extension
Dear Dane:
In connection with the above referenced matter, enclosed is
the revised Refunding Contract.
If you have any questions concerning this matter, please let
me know.
Sincerely yours,
WALLACE, MOSTY, MACHAD?N,
JACKSON & 4v'ILLIAMS
By. _ _
E. Dwaine Machanr~
EDM/ar (4GEDb1em)
Enclosure
REFUNDING CONTRACT BETWEEN
CITY OF KERRVILLE AND KERR COUNTY
FOR NIMITZ SEWER LINE EXTENSION
STATE OF TEXAS ~
COUNTY OF KERR §
This Refunding Contract entered into by and between the City
of Kerrville (City) and Kerr County (County) is as follows:
1. This Refunding Contract pertains to the extension
("Extension") of what is known as the Nimitz Sewer Line
that lies outside the city limits from Ranchero Road to
approximately one-half of Contour Drive pursuant to
that certain "City-County Sewer Contract", dated June
20, 1991.
2. In the event the City permits others to tie on to said
Extension, then the City agrees to assess and collect a
County reimbursement connection fee (the "County Fee").
The County Fee is to be separately identified and
maintained. The County Fee is not a tap fee or a
capital recovery fee.
3. All the provisions hereof with respect to connections
to the Extension and the charging and payment of the
County Fee hereunder are subject in all respects to
paragraphs 8, 9 and 10 of the "City-County Sewer
Contract", incorporated herein by reference.
4. The County Fee to be charged shall be on a per dwelling
unit cost of $1,000.00 per apartment dwelling unit or
$2,445.00 per single family dwelling unit. County Fee
charges for other uses shall be subject to prior
approval of the City and the Kerrville Independent
School District.
5. In the event City collects a County Fee, then City
shall retain 5~ thereof for clerical and handling, and
promptly remit the remaining 95$ to County, subject to
the limitations herein provided.
6. The amount to be refunded to County hereunder shall not
exceed $42,000.00.
7. Upon request, County agrees to transfer to the City
ownership of the Extension and all rights-of-way
obtained in connection therewith. City agrees to
provide maintenance service, subject to the one (1)
year guarantee of the County set forth in the
"City-County Sewer Contract".
8.
This contract shall terminate on the earlier of
payment to County of the sum of $42 , 000.00 or (b)
11, 2001, or (c) the providing of connections
twenty-nine (29) living units to the Extension, all
provided in the "City-County Sewer Contract".
Signed this ~ day of ~ ~~_ , 1991.
ATTEST CITY OF KERRVILLE
Sheila L. Brand, City C1er
ATTEST
'
~-~~;
! _ ~ ~,~~ ~ ~, ,t' .~_.
at ye, County C1 k
ATTEST:
By:
Leonard L. Holloway, M or
APPROVED AS TO FORM:
WALLACE, MOSTY, MACHANN,
JACKSON & WILLIAMS
By = G~~~~l~c~-- ~I~--z-4 ~
City Attorney Date
KERR COUNTY
-~ . : J ~~ ~~ ~r
By:
W. G. Stacy, County Judge
APPROVED AS TO FORM:
1
~~ ~- ~ ~ ~ t
Pat Dye, County erk D id Motley, County Attorney
JOINDER
Kerrville Independent School District joins herein to
evidence its consent and approval to the respective amounts of
the County Fee and payment of same to the County of Kerr as
herein provided. Nothing contained herein amends the "Refunding
Contract City-School Nimitz Sewer Line" dated December 12, 1989.
KERRVILLE INDEPENDENT SCHOOL
DISTRICT
~~
By.
46EDMbi
-2-
(a)
June
for
as
~~~E ~F,, KERR COUNTY
W ~1, ~ ENVIRONMENTAL HEALTH DEPARTMENT
~C 9
~ ~ ~: 101 Spur 100
~°°nr °i ~`~ Kerrville, Texas 78028
(512) 896-5101
MEMORANDUM
To: Commissioners Court
From: David L. Litke ,~. ~,,~
Date: October 8, 1991
Subject: Approval of refunding contract for the Contour Drive Sewer
Attached is a preliminary copy of the refunding contract. The actual contract
will be presented for signing and formal approval. It will have been signed by
the other parties.
Signing the contract and approving the completed construction will complete the
paperwork concerning this sewer project.
Residents will now be able to start hooking up to the line.
o~~ N°• Zo619
~P ~~ ~
~~ P
~~~ 15, 1991
Vol S, Page 447