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File #: 2013-1653    Version: 1 Name:
Type: Agenda Item Status: Approved
File created: 2/4/2013 In control: City Manager Office
On agenda: 2/12/2013 Final action: 2/12/2013
Title: Approving and authorizing the City Manager to execute a Second Amendment to Roadway Development Agreement (Avalon), and a Second Amendment to NPWIS Construction and Participation Agreement.
Attachments: 1. Map, 2. Second Amendment to Roadway Development Agreement (Avalon) (W0563975) FINAL, 3. 2 Second Amendment to NPWIS Construction and Participation Agreement (W0564016-2) interim final, 4. Exhibit B
Title
Approving and authorizing the City Manager to execute a Second Amendment to Roadway Development Agreement (Avalon), and a Second Amendment to NPWIS Construction and Participation Agreement.

Summary
Second Amendment to Roadway Development Agreement (Avalon)
In 2006, the city and the developer agreed to implement a project to align Kelly Lane with Cele Road at Weiss Lane. This amendment negates the proposed realignment. Since, engineering of the Avalon portion of the roadway has been substantially completed but not constructed to due a lack of funding and obstacles (cost/benefit and floodplain issues) to achieving the original desired outcome at the time. Kelly Lane, between Moorlynch Avenue and Weiss Lane, was rehabilitated last summer with positive results and reception. Right-of-way for the Cele Road portion was provided in the Third Amendment to the Comprehensive Development Agreement (Lakeside Agreements) in which Section 4.2 provided that "Aguila (developer)shall reserve for the City a right-of-way easement for the realignment of Kelly Lane and Cele Road across the flood plain tracts...[and] shall dedicate such right-of-way to the City upon the receipt of a written request from the City." Such dedication was to be at no cost to the City. If the east/west roads were located closer together, the reroute would be more clearly warranted, but given their separation at 0.2 miles the two intersections will likely operate satifactorily in the future without the reroute.

Second Amendment to NPWIS Construction and Participation Agreement
The North Pflugerville Wastewater Interceptor System (NPWIS) Agreement was orginally approved in 2004 and established obligations for the construction of wastewater interceptor infrastructure to provide wastewater service to Avalon and Blackhawk subdivisions and established land use based upon a concept plan. The proposed Second Amendment results from the above Second Amendment to the Roadway Development Agreement. The corner ...

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