R-08-02-28-11B1 - 2/28/2008 RESOLUTION NO. R-08-02-28-11 B 1
WHEREAS, Texas State University-San Marcos Round Rock Higher
Education Center ( "HEC") is currently receiving wastewater services
from the City of Round Rock ( "City") and is billed for such services
utilizing the winter average, and
WHEREAS, the City Council wishes to enter into a Wastewater
Service Billing Agreement with HEC to provide for new and different
terms to govern the charges due for wastewater service provided by
the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City said Agreement with HEC, a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 28th day of Februar 8 .
N WE Mayo
ATTEST: ity ofRound Rock, Texas
SARA L. WHITE, City Secretary
0:\WDOX\RESOLUTI\R80228B1.DOC/rmc
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON
§ KNOW ALL BY THESE PRESENTS:
§
WASTEWATER SERVICE BILLING AGREEMENT
THIS WASTEWATER SERVICE AGREEMENT (hereinafter the "Agreement"), is
hereby entered into on the day of 2008 by and between the
TEXAS STATE UNIVERSITY-SAN MARCOS ROUND ROCK HIGHER EDUCATION
CENTER (hereinafter "HEC'), a State institution of higher education with offices at 1555
University Blvd., Round Rock, TX 78664 and the CITY OF ROUND ROCK, TEXAS
(hereinafter "City"), a home-rule municipality and political subdivision of the State of Texas
with offices at 221 East Main Street, Round Rock, Texas 78664. In this Agreement, the City and
HEC are sometimes referred to individually as"a Party"and collectively as"the Parties."
WHEREAS, HEC is currently receiving wastewater service from the City; and
WHEREAS, HEC currently is billed for wastewater services utilizing the winter average
in accordance with Chapter 10, Section 10.202(1)(c) of the Code of Ordinances, 1995 Edition,
Round Rock,Texas; and
WHEREAS, HEC desires to enter into an agreement with the City for the purpose of
more accurately calculating monthly wastewater charges owed to the City; and
WHEREAS, the City desires to enter into an agreement with HEC providing for new and
different terms to govern the charges due for wastewater service provided by the City;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Agreement, the Parties do agree as follows:
ARTICLE 1. EFFECTIVE DATE AND TERM
Section 1.1 Effective Date and Term
This Agreement shall be effective on the date it has been signed by both parties and shall
continue in full force and effect until either party terminates it as provided for herein.
ARTICLE 2. LICENSE
Section 2.1 License Granted to City
2.1.1 HEC hereby grants the City the right to enter onto the Property for the purposes of
performing the obligations required under this Agreement, including reading the all of the meters
that are subject to Agreement, as more fully described in Article 3 below.
Wastewater Billing Agreement 00129166/PS
Round Rock/HEC :EXHIBIT
"All
E
A
2.1.2 It is understood that this article of the Agreement creates a license only and that
the City does not and shall not claim at any time any interest or estate of any kind in the
Property.
2.1.3 It is further understood that the City has no duty to maintain, operate, replace,
upgrade, or repair any improvement in or upon the Property under this Agreement.
2.1.4 The license granted under this Agreement is for a continuing purpose and shall
carry the same term as indicated in Paragraph 1.1 above.
ARTICLE 3. METERS AND CALIBRATION
Section 3.1 Description of Meters
3.1.1 HEC has one cooling tower located at is Round Rock facility. The cooling tower
has two types of meters: a make-up meter("Make-up Meter")and a blow-down meter("Blow-
down Meter"). The Make-up Meter is the meter which reads the volume flow of water entering
the cooling tower. The Blow-down Meter is the meter which reads the volume flow of water
exiting the cooling tower and entering the city's wastewater collection system.
3.1.2 HEC also has one irrigation meter("Irrigation Meter") located at its Round Rock
facility. The Irrigation Meter is the meter which reads the volume flow of water applied to
irrigation uses at the Round Rock facility. This meter is owned and operated by HEC.
Section 3.2 HEC's Obligations
3.2.1 HEC shall cause the Meters to be calibrated annually between October 1 and
December 1 of each year.
3.2.2 HEC shall provide the annual calibration data to the City no later than December
10th of each year.
3.1.3 The annual meter calibrations shall be at HEC's cost and performed by an
independent, outside contractor approved in advance by the City, which approval shall not be
unreasonably withheld.
ARTICLE 4. METERING AND REPORTING
Section 4.1 HEC's Obligations
4.1.1 On or before March 31 of each year, HEC shall provide the City with historical
data (hereinafter the "Historical Data") for the Meters for the previous twelve (12) months from
March of the previous year through February of the current year.
Wastewater Billing Agreement 2 of 8
Round Rock/HEC
ARTICLE 5. RATE CALCULATION AND BILLING
Section 5.1 City's Obligations
5.1.1 In lieu of billing HEC for wastewater service based on a winter average, the City
shall bill in accordance with the calculation set forth in this Agreement.
5.1.2 The City shall calculate the wastewater bill as the monthly water use less
irrigation use (as measured by the Irrigation Meter) less the average monthly cooling tower
wastewater use (being the difference of the monthly average use measured by the sum total of
the Blow-down Meter less the Make-up Meter based on the Historical Data). The process by
which HEC's wastewater bill shall be calculated is more fully described in Exhibit A attached to
this Agreement and made a part of it.
ARTICLE 6 DEFAULT
Section 6.1 Termination for Default
6.1.1 If HEC defaults in the undertaking of any of its obligations under this Agreement,
the City shall have the right to terminate this Agreement by giving written notification of
termination.
6.1.2 Upon receipt by HEC of the aforesaid notification of default, HEC shall have
fifteen (15) days to cure such default. If the default has not been cured to the City's satisfaction
within fifteen (15) days of receipt of such notice, the City may terminate this Agreement by
giving written notice to HEC.
ARTICLE 7 TERMINATION AND REVERSION TO STANDARD BILLING
Section 7.1 Termination
7.1.1 Either Party has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon sixty (60) days' written notice to the other
Party.
Section 7.2 Reversion to Standard Billing
7.2.1 In the event that either Party terminates this Agreement for any reason listed
above, or upon the expiration of this Agreement by its own terms, the Parties shall discontinue
all obligations in connection with the performance of this Agreement, and effective immediately
upon any such termination of expiration, HEC shall be billed for wastewater services in
accordance with Chapter 10, Section 10.202 of the Code of Ordinances, 1995 Edition, City of
Round Rock, Texas, as amended.
Wastewater Billing Agreement 3 of 8
Round Rock/HEC
ARTICLE 8 NOTICE
Section 8.1 Type of Notice Required and Effect
8.1.1 All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
8.1.1.1 When delivered personally to the recipient's address as stated in this
Agreement; or
8.1.1.2 Three (3) days after being deposited in the United States mail, with
postage prepaid to the recipient's address as stated in this Agreement.
Section 8.2 Addresses and Contact Persons
8.2.1 Notice to HEC:
Edna Aguirre Rehbein
RRHEC Director
Texas State University
Round Rock Higher Education Center
1555 University Blvd.
Round Rock, TX 78664
8.2.2 Notice to City:
James R. Nuse. P.E. Stephen L. Sheets
City Manager City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
ARTICLE,9 MISCELLANEOUS PROVISIONS
Section 9.1 Compliance with Laws, Charter, and Ordinances
HEC, its agents, employees and subcontractors shall comply with all applicable federal
and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all
applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
Section 9.2 Assignment and Delegation
9.2.1 The Parties each hereby bind themselves, their successors, assigns and legal
representatives to each other regarding the terms hereof.
9.2.2 Except as otherwise stated in Section 1.3, neither Party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other Party.
Wastewater Billing Agreement 4 of 8
Round Rock/HEC
Section 9.3 Annlicable Law,Enforcement, and Venue
9.3.1 If a dispute or claim arises under this Agreement, the parties agree to first try to
resolve the dispute or claim by appropriate internal means, including referral to each party's
senior management. If the parties cannot reach a mutually satisfactory resolution,then and in that
event any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and HEC shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties. If the parties cannot
resolve the dispute or claim with the help of a mediator, then and in that event either party will
have the option of requesting a resolution through the Office of Administrative Hearings, as
provided in Chapter 2260, Subchapter C of the Texas Government Code.
9.3.2 This Agreement shall be governed by and construed in accordance with the laws
and court decisions of the State of Texas.
Section 9.4 Exclusive Agreement and Method of Amendment
9.4.1 This document, and all appended documents, constitutes the entire Agreement
between HEC and the City.
9.4.2 This Agreement may only be amended or supplemented by mutual agreement of
the Parties hereto in writing.
Section 9.5 Severability-
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any provision of this Agreement void shall in no way affect
the validity or enforceability of any other provision of this Agreement. Any void provision shall
be deemed severed from this Agreement, and the balance of this Agreement shall be construed
and enforced as if this Agreement did not contain the particular provision held to be void. The
Parties further agree to amend this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The provisions of
this section shall not prevent this entire Agreement from being void should any provision which
is of the essence of this Agreement be determined void.
Section 9.6 Force Majeure
Neither the City nor HEC shall be deemed in violation of this Agreement if it is prevented from
performing any of its obligations hereunder by reasons of force majeure, which shall include acts
of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any
kind from the government of the United States or the State of Texas or any civil or military
authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, restraint of the government and the people, civil disturbances, explosions, or
other causes not reasonably within the control of the party claiming such inability.
Wastewater Billing Agreement 5 of 8
Round Rock/HEC
IN WITNESS WHEREOF, the City and HEC have executed this Agreement on the dates
indicated.
TEXAS STATE UNIVERSITY-SAN MARCOS
ROUND ROCK HIGHER EDUCATION CENTER
By:
Name: 11(4 w< 4 , A),,y,c e
Title:
Date:
THE CITY OF ROUND ROCK
By:
Name:
Title:
Date:
ATTEST: FOR CITY,APPROVED AS TO FORM:
By: By:
Sara White, City Secretary Stephan L. Sheets, City Attorney
�FIG1►
Signature Page 6 of 8
Wastewater Billing Agreement
Round Rock/HEC
Exhibit A
Each month the City shall present HEC with a bill for wastewater services calculated in
the following manner:
• The City shall determine the total monthly average of Make-up water usage (hereinafter
the "Monthly Make-up Average") by totaling the annual usage for the Make-up Meter
based on the Historical Data provided by HEC, and then dividing by 12 The Monthly
Make-up Average shall be calculated once annually upon receipt of the Historical Data
collected from the previous twelve-month period. The Monthly Make-up Average shall
represent the monthly amount of Make-up water used by HEC, expressed in gallons, for
purposes of the monthly billing calculation.
• The City shall determine the total monthly average of Blow-down water usage
(hereinafter the "Monthly Blow-down Average") by totaling the annual usage for the
Blow-down Meter, based on the Historical Data provided by HEC, and then dividing by
12. The Monthly Blow-down Average shall be calculated once annually upon receipt of
the Historical Data collected from the previous twelve-month period. The Monthly Blow-
down Average shall represent the monthly amount of Blow-down water used by HEC,
expressed in gallons for purposes of the monthly billing calculation.
• The City shall read the domestic water meter and calculate the number of gallons of
water used for the month(hereinafter the"Total Monthly Water Usage").
• The City will read the irrigation meter and calculate the number of gallons of water used
for irrigation for the same month(hereinafter the"Irrigation Usage").
• To determine the monthly bill for HEC, each month the City shall apply the following
method:
o Step 1:The Monthly Make-up Water Usage and the Irrigation Usage shall be
subtracted from the Total Monthly Water Usage.
o Step 2:The Monthly Blow-down Water Usage shall be added to the difference
between the Total Monthly Water Usage less the Monthly Make-up Water Usage
and the Irrigation Usage, as found in Step 1.
o Step 3:The total found in Step 2 shall represent the total amount of wastewater,
expressed in gallons, discharged by HEC into the City's wastewater system.
• The City shall charge HEC for the calculated number of gallons of wastewater discharged
into the City's wastewater system in accordance with Section 1 10.202( )(a)(i)(2) of the
Code of Ordinances,
1995 Edition, City of Round Rock , Texas, as amended from time to
time(hereinafter the"Code").
Exhibit A 7 of 8
Wastewater Billing Agreement
Round Rock/HEC
• Each month the City shall charge HEC an additional fee equal to 25% of the monthly
service charge associated with a 2-inch water meter set by the City, as found in Section
10.201(6)(a)(ii)of the Code as amended from time to time, to cover the following:
o The administrative cost associated with calculating the bill for wastewater
services in accordance with the terms of this Agreement; and
o The monthly service calls performed by the City to read the meters subject to this
Agreement.
Wastewater Billing Agreement 8 of 8
Round Rock/HEC
DATE: February 21, 2008
SUBJECT: City Council Meeting - February 28, 2008
ITEM: 11B1. Consider a resolution authorizing the Mayor to execute a Wastewater
Service Billing Agreement with the Round Rock Higher Education
Center.
Department: Water/Wastewater Utilities
Staff Person: Michael Thane, P.E., Director of Utilities
Justification:
The Round Rock Higher Education Center (HEC) is a water and wastewater utility customer
of the City of Round Rock. They have a cooling tower serving their main building on the
Round Rock campus. The HEC has requested that the evaporated water for the cooling
towers be accounted for when calculating their wastewater bill since the evaporated water is
not placed back into the City's wastewater system. This agreement represents a deviation
from the City's ordinance for wastewater billing under Chapter 10, Section 10.202 of the
City's Code of Ordinances. This agreement will more accurately reflect the quantity and
therefore the wastewater billing for the HEC.
Funding:
Cost: $0
Source of funds: N/A
Outside Resources:
N/A
Background Information:
The cooling tower has two water meters installed on it. One, the make-up water meter,
measures the amount of potable water flowing into the cooling tower. The other water
meter, the blow-down meter, measures the amount of water leaving the cooling tower, and
flowing into the city's wastewater collection system. The difference between the readings of
these two meters represents evaporative loss. Since the evaporated water went out into
the atmosphere, (and did not enter the wastewater collection system) it should not be
included in the amount of wastewater billed to the HEC. The agreement formulates a
straight-forward method for accounting for the evaporation loss, and more fairly allocates
the number of gallons per month that the HEC should pay for wastewater.
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON
§ KNOW ALL BY THESE PRESENTS:
§
WASTEWATER SERVICE BILLING AGREEMENT
THIS WASTEWATER SERVICE AGREEMENT (hereinafter the "Agreement"), is
hereby entered into on the M46 day of , 2008 by and between the
TEXAS STATE UNIVERSITY-SAN MARCOS ROUND OCK HIGHER EDUCATION
CENTER (hereinafter "HEC'), a State institution of higher education with offices at 1555
University Blvd., Round Rock, TX 78664 and the CITY OF ROUND ROCK, TEXAS
(hereinafter "City"), a home-rule municipality and political subdivision of the State of Texas
with offices at 221 East Main Street, Round Rock, Texas 78664. In this Agreement, the City and
HEC are sometimes referred to individually as"a Party"and collectively as"the Parties."
WHEREAS, HEC is currently receiving wastewater service from the City; and
WHEREAS, HEC currently is billed for wastewater services utilizing the winter average
in accordance with Chapter 10, Section 10.202(1)(c) of the Code of Ordinances, 1995 Edition,
Round Rock,Texas; and
WHEREAS, HEC desires to enter into an agreement with the City for the purpose of
more accurately calculating monthly wastewater charges owed to the City; and
WHEREAS, the City desires to enter into an agreement with HEC providing for new and
different terms to govern the charges due for wastewater service provided by the City;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Agreement, the Parties do agree as follows:
ARTICLE 1. EFFECTIVE DATE AND TERM
Section 1.1 Effective Date and Term
This Agreement shall be effective on the date it has been signed by both parties and shall
continue in full force and effect until either party terminates it as provided for herein.
ARTICLE 2. LICENSE
Section 2.1 License Granted to City
2.1.1 HEC hereby grants the City the right to enter onto the Property for the purposes of
performing the obligations required under this Agreement, including reading the all of the meters
that are subject to Agreement, as more fully described in Article 3 below.
Wastewater Billing Agreement 00129166/PS
Round Rock/HEC
x.1081 v2` ZS- N P.71
2.1.2 It is understood that this article of the Agreement creates a license only and that
the City does not and shall not claim at any time any interest or estate of any kind in the
Property.
2.1.3 It is further understood that the City has no duty to maintain, operate, replace,
upgrade, or repair any improvement in or upon the Property under this Agreement.
2.1.4 The license granted under this Agreement is for a continuing purpose and shall
carry the same term as indicated in Paragraph 1.1 above.
ARTICLE 3. METERS AND CALIBRATION
Section 3.1 Description of Meters
3.1.1 HEC has one cooling tower located at is Round Rock facility. The cooling tower
has two types of meters: a make-up meter("Make-up Meter") and a blow-down meter("Blow-
down Meter"). The Make-up Meter is the meter which reads the volume flow of water entering
the cooling tower. The Blow-down Meter is the meter which reads the volume flow of water
exiting the cooling tower and entering the city's wastewater collection system.
3.1.2 HEC also has one irrigation meter("Irrigation Meter") located at its Round Rock
facility. The Irrigation Meter is the meter which reads the volume flow of water applied to
irrigation uses at the Round Rock facility. This meter is owned and operated by HEC.
Section 3.2 HEC's Obligations
3.2.1 HEC shall cause the Meters to be calibrated annually between October 1 and
December 1 of each year.
th 3.2.2 HEC shall provide the annual calibration data to the City no later than December
10 of each year.
3.1.3 The annual meter calibrations shall be at HEC's cost and performed by an
independent, outside contractor approved in advance by the City, which approval shall not be
unreasonably withheld.
ARTICLE 4. METERING AND REPORTING
Section 4.1 HEC's Obligations
4.1.1 On or before March 31 of each year, HEC shall provide the City with historical
data (hereinafter the "Historical Data") for the Meters for the previous twelve (12) months from
March of the previous year through February of the current year.
Wastewater Billing Agreement 2 of 8
Round Rock/HEC
ARTICLE 5. RATE CALCULATION AND BILLING
Section 5.1 City's Obligations
5.1.1 In lieu of billing HEC for wastewater service based on a winter average, the City
shall bill in accordance with the calculation set forth in this Agreement.
5.1.2 The City shall calculate the wastewater bill as the monthly water use less
irrigation use (as measured by the Irrigation Meter) less the average monthly cooling tower
wastewater use (being the difference of the monthly average use measured by the sum total of
the Blow-down Meter less the Make-up Meter based on the Historical Data). The process by
which HEC's wastewater bill shall be calculated is more fully described in Exhibit A attached to
this Agreement and made a part of it.
ARTICLE 6 DEFAULT
Section 6.1 Termination for Default
6.1.1 If HEC defaults in the undertaking of any of its obligations under this Agreement,
the City shall have the right to terminate this Agreement by giving written notification of
termination.
6.1.2 Upon receipt by HEC of the aforesaid notification of default, HEC shall have
fifteen (15) days to cure such default. If the default has not been cured to the City's satisfaction
within fifteen (15) days of receipt of such notice, the City may terminate this Agreement by
giving written notice to HEC.
ARTICLE 7 TERMINATION AND REVERSION TO STANDARD BILLING
Section 7.1 Termination
7.1.1 Either Party has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon sixty (60) days' written notice to the other
Party.
Section 7.2 Reversion to Standard Billing
7.2.1 In the event that either Party terminates this Agreement for any reason listed
above, or upon the expiration of this Agreement by its own terms, the Parties shall discontinue
all obligations in connection with the performance of this Agreement, and effective immediately
upon any such termination of expiration, HEC shall be billed for wastewater services in
accordance with Chapter 10, Section 10.202 of the Code of Ordinances, 1995 Edition, City of
Round Rock, Texas, as amended.
Wastewater Billing Agreement 3 of 8
Round Rock/HEC
ARTICLE 8 NOTICE
Section 8.1 Type of Notice Required and Effect
8.1.1 All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
8.1.1.1 When delivered personally to the recipient's address as stated in this
Agreement; or
8.1.1.2 Three (3) days after being deposited in the United States mail, with
postage prepaid to the recipient's address as stated in this Agreement.
Section 8.2 Addresses and Contact Persons
8.2.1 Notice to HEC:
Edna Aguirre Rehbein
RRHEC Director
Texas State University
Round Rock Higher Education Center
1555 University Blvd.
Round Rock, TX 78664
8.2.2 Notice to City:
James R. Nuse. P.E. Stephen L. Sheets
City Manager City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
ARTICLE 9 MISCELLANEOUS PROVISIONS
Section 9.1 Compliance with Laws Charter, and Ordinances
HEC, its agents, employees and subcontractors shall comply with all applicable federal
and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all
applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
Section 9.2 Assignment and D,-legation
9.2.1 The Parties each hereby bind themselves, their successors, assigns and legal
representatives to each other regarding the terms hereof.
9.2.2 Except as otherwise stated in Section 1.3, neither Party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other Party.
Wastewater Billing Agreement 4 of 8
Round Rock/HEC
Section 9.3 Applicable Law, Enforcement, and Venue
9.3.1 If a dispute or claim arises under this Agreement, the parties agree to first try to
resolve the dispute or claim by appropriate internal means, including referral to each party's
senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that
event any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and HEC shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties. If the parties cannot
resolve the dispute or claim with the help of a mediator, then and in that event either party will
have the option of requesting a resolution through the Office of Administrative Hearings, as
provided in Chapter 2260, Subchapter C of the Texas Government Code.
9.3.2 This Agreement shall be governed by and construed in accordance with the laws
and court decisions of the State of Texas.
Section 9.4 Exclusive A.Rreement and Method of Amendment
9.4.1 This document, and all appended documents, constitutes the entire Agreement
between HEC and the City.
9.4.2 This Agreement may only be amended or supplemented by mutual agreement of
the Parties hereto in writing.
Section 9.5 Severability
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any provision of this Agreement void shall in no way affect
the validity or enforceability of any other provision of this Agreement. Any void provision shall
be deemed severed from this Agreement, and the balance of this Agreement shall be construed
and enforced as if this Agreement did not contain the particular provision held to be void. The
Parties further agree to amend this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The provisions of
this section shall not prevent this entire Agreement from being void should any provision which
is of the essence of this Agreement be determined void.
Section 9.6 Force Majeure
Neither the City nor HEC shall be deemed in violation of this Agreement if it is prevented from
performing any of its obligations hereunder by reasons of force majeure, which shall include acts
of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any
kind from the government of the United States or the State of Texas or any civil or military
authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, restraint of the government and the people, civil disturbances, explosions, or
other causes not reasonably within the control of the party claiming such inability.
Wastewater Billing Agreement 5 of 8
Round Rock/HEC
IN WITNESS WHEREOF, the City and HEC have executed this Agreement on the dates
indicated.
TEXAS STATE UNIVERSITY-SAN MARCOS
ROUND ROCK HIGHER EDUCATION CENTER
By: ', /
Name: Lt/ I l i a w• A),r N e.
Title: V�Cr �lt5��c.tfi ,� C..i�Hcp `t 5:,.�A �'� Se:✓ ctS
Date:
QUO
'
THE C O O CK
By:
Name: K t
Title: _i'a ��
Date: 2-. 2. ce
ATTEST: FOR CITY, APPROVE AS TO FORM:
By: A--* (k - B
Sara White, City Secretary Stephan Shlijeets, City Attorney
Signature Page 6 of 8
Wastewater Billing Agreement
Round Rock/HEC
Exhibit A
Each month the City shall present HEC with a bill for wastewater services calculated in
the following manner:
• The City shall determine the total monthly average of Make-up water usage (hereinafter
the "Monthly Make-up Average") by totaling the annual usage for the Make-up Meter
based on the Historical Data provided by HEC, and then dividing by 12 The Monthly
Make-up Average shall be calculated once annually upon receipt of the Historical Data
collected from the previous twelve-month period. The Monthly Make-up Average shall
represent the monthly amount of Make-up water used by HEC, expressed in gallons, for
purposes of the monthly billing calculation.
• The City shall determine the total monthly average of Blow-down water usage
(hereinafter the "Monthly Blow-down Average") by totaling the annual usage for the
Blow-down Meter, based on the Historical Data provided by HEC, and then dividing by
12. The Monthly Blow-down Average shall be calculated once annually upon receipt of
the Historical Data collected from the previous twelve-month period. The Monthly Blow-
down Average shall represent the monthly amount of Blow-down water used by HEC,
expressed in gallons for purposes of the monthly billing calculation.
• The City shall read the domestic water meter and calculate the number of gallons of
water used for the month(hereinafter the "Total Monthly Water Usage").
• The City will read the irrigation meter and calculate the number of gallons of water used
for irrigation for the same month(hereinafter the"Irrigation Usage").
• To determine the monthly bill for HEC, each month the City shall apply the following
method:
o Step 1:The Monthly Make-up Water Usage and the Irrigation Usage shall be
subtracted from the Total Monthly Water Usage.
o Step 2:The Monthly Blow-down Water Usage shall be added to the difference
between the Total Monthly Water Usage less the Monthly Make-up Water Usage
and the Irrigation Usage, as found in Step 1.
o Step 3:The total found in Step 2 shall represent the total amount of wastewater,
expressed in gallons, discharged by HEC into the City's wastewater system.
• The City shall charge HEC for the calculated number of gallons of wastewater discharged
into the City's wastewater system in accordance with Section 10.202(1)(a)(i)(2) of the
Code of Ordinances, 1995 Edition, City of Round Rock , Texas, as amended from time to
time(hereinafter the"Code").
Exhibit A 7 of 8
Wastewater Billing Agreement
Round Rock/HEC
• Each month the City shall charge HEC an additional fee equal to 25% of the monthly
service charge associated with a 2-inch water meter set by the City, as found in Section
10.201(6)(a)(ii)of the Code as amended from time to time, to cover the following:
o The administrative cost associated with calculating the bill for wastewater
services in accordance with the terms of this Agreement; and
o The monthly service calls performed by the City to read the meters subject to this
Agreement.
Wastewater Billing Agreement 8 of 8
Round Rock/HEC