RES 1995-01RESOLUTION 95-01
P E A
by
RESOLUTION 96-30
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 095-01
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS APPROVING AND ADOPTING
AN AGREEMENT BY AND BETWEEN THE TOWN AND
BECK PROPERTIES, INC. FOR THE USE OF A WATER LINE
ALONG TROPHY CLUB DRIVE BY BECK PROPERTIES,
INC. FOR IRRIGATION PURPOSES; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF
THE TOWN; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS:
Section 1. The Town Council of the Town of Trophy Club, Texas (the "Town") does
hereby approve, adopt and agree to enter into a Water Line Agreement by and between the
Town and Beck Properties, Inc. for the use by Beck Properties, Inc. for irrigation purposes of
a water line running along Trophy Club Drive from the entrance to The Club at Trophy Club
to State Highway 114. A true and correct copy of the said Agreement is attached hereto and
incorporated herein
Section 2. The Mayor of the Town is hereby authorized, empowered and directed to
execute the said Agreement on behalf of the Town of Trophy Club.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the � 7 t. i, day of ,-rap „ a r y , 1995 .
, Town of Trophy Club, Texas
ATTEST:
J!z741
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
4e
oAttorney,
Town of Trophy Club, Texas
STATE OF TEXAS §
§ WATER LINE AGREEMENT
COUNTY OF DENTON §
This Agreement is entered into this the 17 t h day of January , 199 5
by and between the Town of Trophy Club, Texas (the "Town") and Beck Properties, Inc.
('Beck").
WHEREAS, the Town of Trophy Club, Texas owns a three (3) inch water line (the
"water line") running along Trophy Club Drive from the entrance to The Club at Trophy Club
to State Highway 114 and as shown on the diagram attached hereto as Exhibit "A" and
incorporated herein; and
WHEREAS, Beck has a need to tie into the said water line for the purpose of irrigating
property (the "Property") owned by Beck and located along the Trophy Club Drive between the
entrance to The Club at Trophy Club and State Highway 114 and as shown on Exhibit "A"; and
WHEREAS, Beck intends to develop the Property and desires, as plans are approved by
the Town for such development, to add additional points of tie-in to the water line for the
purposes of using the water therefrom for purposes of irrigation only; and
Now, therefore, for and in consideration of the mutual promises, covenants and
conditions contained herein and other good and valuable consideration, the Town of Trophy
Club, Texas and Beck Properties, Inc. do contract and agree as follows:
Section 1. The above and foregoing premises are true and correct and are
incorporated herein in their entirety.
Section 2. The Town agrees that Beck shall be allowed to use the 3 inch water
line shown on Exhibit "A" attached hereto in accordance with the following terms and
conditions:
A. The Town shall provide a tap or tie-in to the water line shown for Beck at a point
to be determined by the Town. At the point of the tap or tie-in, a water tap and water meter
shall be installed. Beck shall pay the Town for all charges relating to the tap and setting of the
water meter (together with all impact fees), which charges are estimated, as of the date of this
Agreement, to be $5,472.79.
B. Beck shall use the water provided through the water line for irrigation purposes
only (e.g., watering of grass, plants, shrubs, trees, etc.) of land located contiguous and adjacent
to Trophy Club Drive.
C. From time to time, Beck may desire to add additional points of tie-in to the water
line. At such time, the Town and Beck shall agree on the location of such points, and the use
of any water from those additional points of tie-in shall be subject to all of the terms and
conditions of this Agreement.
D. The Town shall maintain the water line, together with all pipes that provide water
for irrigation purposes to the medians located within Trophy Club Drive.
-1-
E. Beck shall pay to the Town, or to the appropriate person or entity as the Town
may direct, all charges for water service. Such payments shall be made promptly and in
accordance with the rules and regulations of the water district providing the water, and for that
purpose such rules and regulations are incorporated herein by reference. In the event of non-
payment by Beck or the violation of any of the said rules and regulations, the Town shall have
the right to remove the tap and water meter immediately and without notice to Beck.
Section 2. This Agreement may not be conveyed, assigned or otherwise transferred
by Beck without the prior written approval of the Town.
Section 3. The undersigned officers and/or agents of the parties hereto are the
properly authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions or other act extending such authority have been duly passed and are now in full force
and effect.
Section 4. This Agreement represents the entire and integrated agreement between
Town and Beck and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both the
Town and Beck.
Section 5. The validity of this Agreement and of any of its terms or provisions, as
well as the rights and duties of the parties hereto, shall be governed by the laws of the State of
Texas. This Agreement shall be performable and all compensation payable in Dallas County,
Texas. Venue under this Agreement lies in Denton County, Texas.
Section 6. If any clause, paragraph, section or portion of this Agreement shall be
found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the
Agreement shall remain in full force and effect and the parties shall be deemed to have
contracted as if said clause, section, paragraph or portion had not been in the Agreement
initially.
EXECUTED as of the day and year first written above.
TOWN OF TROPHY CLUB, TEXAS
ATTEST:
BECK PROPERTIES, INC.
James P.
By:- ,� . �_ 1L
Town Secretary,
Town of Trophy Club, Texas
-2-
__ Jeff rev L. Beck
(printed name)
Its:_ Pr P.4 i('Pn J".
Z
a 1.
I Q 1.0
Kj;- O.;W0
0
0.
w
L
0
#A
Me -
a /I