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.1"':~.~.'~.'~::.. ,:" TARY SEWER SYSTEM AGREEMENT WITH MELVIN M. AND JANE . ;':'?&k '~;~:..:~
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/:'.. %~..Z: council heard a request from Melvin M. and Jane Pearee :..~ -.{
71":'~'3C, for sanitary sewer service to 2606. Faulkner in Foxflre ,.:.-~
~!i~:i~.~':::.~:. -. ~ . ..~ Subdivision, Brazes County, Texas, and .'~'"~"-~'::~)'~ ." .:?:
~i.'/'~ :.~1~i, WHEREAS, the City Council reviewed the proposed Sani- '~~
~ ~"' % ::!::':', :i tary Sewer Service Agreement and determined that execu- ";~:~-".:?~i /
~.~!]"::,~ .:~,. tionthe City; of the agreement would be in the best interest of
NOW, THEREFORE, BE IT RESOLVED By the City Council of
:'"~'[~ the City of College Statlon that the Mayor xs hereby
. authorized to execute the Sanitary Sewer Service Agree-
,~" ment attached hereto between Melvin Mo and Jane Pearce "?' :':.ii.~
r.':]
I" ~'I' and the City of College Station. :'':'"'~/
~..,. PASSED and APPROVED this 10th day of November, 1988. ,: :Z' ':-'~<~:
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SANITARY SEWER SYSTEM AGREEMENT
THIS AGREEMENT Is entered into this the 10th day of Novem-
ber, 1988, by and between the CITY OF COLLEGE STATION, a Texas
munlc~pal corporation (hereinafter referred to as "CITY") and
MELVIN M. and JANE PEARCE (hereinafter referred to as "CUSTO-
MER''), where the CITY w~ll provide sewage collection service to
CUSTOMER for the purpose of and pursuant to the terms and condi-
tions set forth here~n.
WHEREAS, CITY owns and operates a sewage collection system
with a wastewater treatment plant that has capacity currently ca-
pable of serving the present customers of the CITY system and the
estimated number of users to be served by the CITY system in the
future, and with addxt~onal capacity to meet current property use
and traditional demand by CUSTOMER.
WHEREAS, by the authority of the Cxty Council of the City of
College Station, the sale of sewage system "capacity" is to be
made to CUSTOMER in accordance w~th the authorlzat~on of the City
Council and execution of this agreement by the Mayor carrying out
said authorization;
NOW, THEREFORE, in consideration of the promxses and agree-
ments herein contained, the parties hereby agree as followsl
1. The CITY will furnish to CUSTOMER at the point 'of deliv-
ery during the term of th~s agreement sewage collection service
to one tap located at 2606 Faulkner.
2. CUSTOMER shall be re~ponsxble for the entire cost of in-
stallation, easement acquisition, engineering services, and con-
struction of the servxce line and/or sewer main to service the
tract of land described in the attached Exhibit "A".
3. CUSTOMER shall acquire approval from the County Engineer
for any construction activities performed in the County r~ght-of-
way.
4. At the point of delivery, defined as one tap herein,
responsibility for the sewage shall pass to CITY from CUSTOMER.
5. CUSTOMER shall be responsible for acquxrlng necessary
utility easements. CUSTOMER shall provide to the City of College
Station a legal description for preparation of utility easement
documents by the C~ty of College Station. The m~nlmum width of
the described area shall be twenty (20) feet. The easement shall
be described by metes and bounds as prepared by a Registered Pub-
lic Surveyor.
6. Ail easements shall be dedicated to the CITY by document
prepared by the City Legal Department.
7. The design of sewer ma~n shall be prepared by a Regis-
tered Professional Engineer holding a license in the State of
Texas and shall comply with the CITY standard spec~flcation for
water and sewer construction. The desxgn and installation of
the sewer maxn shall be reviewed and inspected by authorized rep-
resentatives of CITY during the sewer main construction, no sec-
tion of the sewer main or any appurtenances will be covered with
back-fill until CITY has given approval. Upon acceptance by
CITY'S representative, the sewer main shall become the property
of the C~ty of College Station. CITY shall be responsible for
maintenance of the line. However, CUSTOMER shall warrant the
construction and materials for a period of one year. CUSTOMER,
or h~s contractor, shall obtain a plumbing permit and pay associ-
ated fees required for the ~nstallation of the service l~ne. Ail
service llne ~nstallat~ons and connections shall be performed by
a l~censed plumber and comply with CITY ordinances, including the
CITY plumbing ordinance. The installation of the service line
shall be ~nspected by a CITY plumblng Inspector. During the ser-
vice line installation, no section of the service line will be
covered w~th back-fill until approval from the inspector has been
gxven. CUSTOMER shall be responsible for maintenance of the
service l~ne to the point of tap on the sewer main.
8. CUSTOMER agrees to and shall only allow or place materx-
als authorized by Chapter 11, Section 6 of the Code of Ordi-
nances, in the City Sanitary Sewer System.
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06991
9. In the event of a sewage back up, CITY agrees to respond
on a 24 hour call basis and remedy conditions in the CITY'S line
to restore collection.
10. CUSTOMER agrees that CITY'S capability of collection
under this agreement is subject to the available waste water
treatment and line capacity. In the event that CITY is unable to
meet the demands of the customers of CITY, including CUSTOMER,
CITY shall have the authority to notify CUSTOMER of termination
of this agreement. CITY will give notification by any reasonable
means, including by writing, by telephone with follow-up written
confirmation and acknowledgment to CUSTOMER at the address and
telephone number provided herein within a reasonable time of the
discovery of the deficiency.
11. Should at any time CITY fail for any reason to collect
sewage ~n the quantities required to meet CUSTOMER's full re-
quirements~ CUSTOMER shall h~ve the right to seek and obtain
alternative sources of disposal to the extent reasonably neces-
sary to assure adequate collection to the Brazos County Health
Department. In the event CUSTOMER obtains an alternative collec-
tion method, it will cease use of CITY'S collection system.
12. CITY wzll not be liable in damages for the collection of
or failure to collect sewage. CUSTOm, ER hereby agrees to hold
City harmless for any claims or damages arising as a result of
use of the CITY'S collection system. CUSTOMER acknowledges that
the CITY sewage collection system is a governmental function.
CITY shall not be responsible or liable for any disruption in
service caused by any reason whatsoever.
13. CUSTOMER shall pay for sewage collection service. The
rate shall be determined by the City Council from time to time.
14. Billing shall be rendered by the City on or about the
first day of each month and payment shall be made not later than
fifteen (15) days after the billzng date of each month.
15. CUSTOMER shall guarantee timely payment of bills for
sewage collection system use. CUSTOMER shall post with CITY a
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deposit of Two Hundred Sixty-two Dollars and Fifty Cents
($262.50). Failure of CUSTOMER to make payment by the 15th day
of the month as provided shall be deemed a late payment and CITY
shall be authorized to charge an admlnlstrative fee for late pay-
ments as provided by ordinance. CITY shall give CUSTOMER written
notice of such delinquency if payment is not received withln five
(5) days from the date of notice of intent to terminate. CITY
shall be entitled to notify CUSTOMER of termination of service.
16. This agreement is executed on this the 10th day of No-
vember, 1988, and shall expire in one year on 10th day of Novem-
ber, 1989; however, th~s agreement may be continued on an annual
basis unless either party executes its option to terminate upon
thirty (30) days written notice. Ail notices and payments shall
be sent and provided to the part~es at the addresses and tele-
phone numbers l~sted below=
City Manager
City of College Station
P.O. Box 9960
College Station, TX 77842
(409) 764-3510
Melvin M. & Jane Pearce
2606 Faulkner
College Station, TX 77840
(409) 693-9279
17. The parties may change addresses for billlng and payment
upon thirty (30) days written notice sent certifigd mail, return
receipt requested. Any other notices provided or returned ~n
this agreement, except for change of address for billings and
payments, may be provided by written notxce or other means as
provided In this agreement.
18. The parties signing this agreement shall provided ade-
quate proof of their authority to execute this agreement. This
agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective heirs, successors or assigns
but shall not be assignable by either party without the written
consent of the other party. Th~s agreement may be voided should
the area served hereunder be included within the l~mits of the
CITY or any other incorporated city.
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19. In interpreting the various provisions of this contract
in any court of law, zt is the lntent~on of the parties to this
agreement that this be litzgated in a court of competent juris-
dlctzon in Brazos County, Texas.
20. The parties by their s~gnatures say they have read and
acknowledged the contents of this agreement, that they acknowl-
edge and agree that zt contains the entire agreement between the
partzes with respect to the subject matter and supersedes any and
all prior communications, agreements, or understandzngs.
DATED this the 10th day of November, 1988.
CITY OF COLLEGE STATION
BY .- Larr~
CUSTOMER:
~4elvin M. rPearce
ne Pearce
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the I~~ day of
~0~b~ , 1988, by Larry Ringer as Mayor of the City
of College Station, Texas, a Texas home rule municipal corpora-
tion, on behalf of said corporation.
Notary Public ~n and for the
State of Texas~
My Comm. Exp~ ~_iq -q~ .
STATE OF TEXAS )
) AC KNOWLEDGMENT
COUNTY OF BRAZOS )
T~t was acknowledged before me on the /.~ day of
, 1988, by Melvin M. Pearce and Jane Pearce,
his w~fe.
My Comm. Exp ~ ~ ~0 .
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