04-23-18 Regular Meeting of the La Porte City Council

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(e) With respect to Developeronly, the petition for the creation of a municipal utility district and the petition for consent to the creation of a municipal utility district that have been previously submitted to the City have been duly authorized, executed and delivered. (f) The execution, delivery and performance of this Agreement by it does not require the consent or approval of any Person which has not been obtained. ARTICLE III DESIGN AND CONSTRUCTION OF THE FACILITIES Section 3.01 Design. The Facilities shall be designed by the District Engineer in accordance with sound engineering principles and in compliance with all applicable requirements of the Approving Bodies. The plans and specifications for the Facilities shall be subject to review and City. The City shall not require that the Facilities be designed to requirements more stringent than the City's requirements applicable to the design of similar facilities outside the District but within the City's jurisdiction. The District shall design the Facilities in such phases or stages as the District and/or Developer from time to time, in their sole discretion, may determine to be necessary and economically feasible. Section 3.02 Construction. When the District determines, in its sole discretion, that it is necessary and economically feasible to construct the Facilities, the District shall proceed to award a construction contract for the Facilities based upon the Approved Plans. The Facilities shall be installed, construction contracts shall be awarded, and payment and performance bonds obtained all in accordance with the general law for municipal utility districts and in full compliance with the applicable requirements of the Approving Bodies. In addition to any other construction contract provisions, any construction contract for the Facilities shall include the contractor's one (1) year warranty of work performed under the contract. The District shall file all required documents with the TCEQ. Section 3.03 Acceptance of Facilities. Upon completion of the Facilities, the District shall order the District Engineer to certify that the Facilities have been completed in substantial compliance with the Approved Plans, and the District shall certify that all bills and sums of money due in connection with the construction and installation of the Facilities have been fully paid and that the Facilities are free of any and all liens and claims, all according to the certification of the construction contractor. The District shall require the District Engineer to provide three (3) copies of construction drawings of the Facilities to the District. The District shall accept the construction of the Facilities in writing from the construction contractor. The District shall then convey the City Facilities to the City in accordance with the City's procedure for acceptance of such facilities in areas outside the District and within the City and the provisions of Article IV below. 5