Contract - Crosswalk Church - 8/10/2017 THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
OUT-OF-CITY WASTEWATER SERVICE AGREEMENT
THIS OUT-OF-CITY WASTEWATER SERVICE AGREEMENT ("Agreement"), is
made and entered by and between CROSSWALK CHURCH, referred to herein as the
"Customer," and the CITY OF ROUND ROCK, TEXAS a home-rule municipality located in
Williamson and Travis Counties, State of Texas,referred to herein as the "City." The Customer
and the City are hereinafter referred to collectively as"the Parties,"or individually as a"Party."
RECITALS:
WHEREAS, the Customer is the owner of record of the property at 8650 County Road
110, Round Rock, Texas 78664 ("Property"), being more particularly described in Exhibit "A"
which is hereby incorporated for all purposes;and
WHEREAS; the City has determined that it is desirable for the Property to receive
wastewater service from the City notwithstanding the fact that the Property is outside the City's
corporate limits,and
WHEREAS, the City does not have an existing Out-of-City Wastewater Service
Agreement with the Customer to provide wastewater to the Property,and
WHEREAS,the Customer and the City desire to enter into an agreement to formalize the
terms by which the City will provide wastewater service to the Property, and
WHEREAS, pursuant to Sec. 44-3, Code of Ordinances, 2010 Edition, the City Council
hereby determines that there is adequate capacity of wastewater treatment services available for
the purpose of servicing Customer without impairing services within the City, NOW,
THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, and the covenants and agreements hereinafter contained to be kept and
performed by the respective Parties hereto, it is agreed as follows:
Article I.Customer's Obligations Under this Agreement
1.01 Customer shall be required to own and install a standard wastewater service line
which will connect with the City's wastewater system at either manhole number 1437704 or
manhole number 1437736 as shown on Exhibit"A". Prior to the installation,the Customer shall
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submit a detailed drawing prepared by a licensed engineer in the State of Texas for review and
approval by the City.
1.02 Customer shall grant the City the right of entry and access to Customer's private
wastewater line attached to the City's wastewater system at all times to inspect,to investigate the
source of operational or maintenance problems, to prevent or detect, minimize, or avert
operational or maintenance problems, or for any other purpose reasonable related to the
provision of service under this Agreement. The Customer will cooperate with the City to
provide access for these purposes,provided that the City provides Customer at least one working
day's written notice or, in the event of an emergency, prior notice by telephone or confirmed
facsimile,or its need for access.
1.03 Customer shall be responsible for securing sufficient rights allowing Customer to
construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and
remove a wastewater system and lines, together with all necessary lines, pipes, conduits,
manholes, ventilators, and other equipment, improvements, accessories and appurtenances or
operations thereto, in, upon, over, under, above and across any necessary areas of private or
public property to connect to the City's wastewater system. Such right shall not conflict with
any existing drainage easements held by the City.
1.04 Customer shall comply with all requirements of Sec. 44-3 Code of Ordinances,
2010 regarding the furnishing of sewer services outside the city limits, a copy of such Sec. 44-3
being attached hereto as Exhibit B. Failure to comply with any of these requirements shall give
the City the option of terminating this Agreement.
Article II.Provision of Wastewater Services
2.01 City agrees to sell Customer wastewater service as required by Customer for
domestic use on an as needed basis for a church located on the Property.
2.02 The wastewater service to be provided herein is for the Property as described in
Exhibit A and no other property.
2.03 Customer agrees to abide by all mandatory and voluntary use restrictions imposed
by the City on its own citizens.
Article III.Rates and Fees
3.01 Prior to connecting to the City's wastewater system, Customer agrees to pay City
one and one-half(1.5)wastewater impact fees of$2,099 each for a total of$3,148.50.
3.02 Customer agrees to pay City for all wastewater services provided to Customer at
the rate authorized by Chapter 44, Section 44-30, Code of Ordinances, 2010 Edition, City of
Round Rock, Texas, as amended from time to time, applicable to customers located outside the
corporate limits of the City. Consistent with that provision, the volume charge shall be twice the
rate for residential customers located within the corporate limits of the City. Because the
Property is served with water from the Jonah SUD, the wastewater service will be calculated
based on the Customer's average water consumption for December, January, and February of
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each winter, as determined from Jonah's water bills. Customer agrees to provide the City with
copies of the aforesaid bills by April 1,of each year.
3.03 The City shall render monthly bills to Customer for wastewater services.
Payment shall be made no later than the sixteenth (16') day following the mailing of the bill.
Failure by Customer to make a payment when and as specified will give the City the option to
terminate all obligations of the City under this Agreement.
3.04 Customer shall be subject to the penalty provisions for late payment as now exist
in Chapter 44, Code of Ordinances, 2010 Edition, City of Round Rock, Texas, and as may be
amended from time to time.
Article IV. Compliance with Ordinances
4.01 Customer agrees to comply with all of City's ordinances as they now exist or may
be amended from time to time regarding the sanitary use of the wastewater treatment system.
4.02 Customer agrees to take all necessary precautions to maintain the sanitary
conditions of City's water supply system.
4.03 Customer agrees to pay a Wastewater Impact Fee in the amount of $3,148.50
based on one and one-half(1.5) living unit equivalents; and to pay all other fees applicable to
wastewater service.
4.04 Customer agrees and understands that the City's willingness to provide
wastewater service to the Property is expressly contingent on the Property continuing to be used
for its current uses, namely a church. Customer shall not change or expand the existing uses
without the express written consent of the City, which may be withheld for any reason. Any
change or expansion of uses without the consent of the City will give the City the option of
terminating this Agreement.
4.05 Customer agrees that it will comply with all of the City's ordinances regarding
subdivision,zoning,development,and building permits.
Article V.Force Majeure
5.01 In the event either Party is rendered unable, wholly or in part,by force majeure to
carry out any of its obligations under this Agreement, then the obligations of that Party, to the
extent affected by the force majeure and to the extent that due diligence is being used to resume
performance at the earliest practicable time, shall be suspended during the continuance of the
inability. The cause, as far as possible, shall be remedied with all reasonable diligence. The
term"force majeure" includes acts of God, strikes, lockouts or other industrial disturbances, acts
of the public enemy, orders of 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, washouts, droughts, arrests, restraints of government and
people, civil disturbances, explosions, breakage or accidents to equipment, pipelines, or canals,
partial or entire failure of water supply, and any other inabilities of either Party, whether similar
to those enumerated or otherwise, that are not within the control of the Party claiming the
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inability and that could not have been avoided by the exercise of due diligence and care. It is
understood and agreed that the settlement of strikes and lockouts shall be entirely within the
discretion of the Party having the difficulty and that the requirement that any force majeure be
acceding to the demands of the opposing party if the settlement is unfavorable to it in the
judgment of the Party having the difficulty. Force majeure shall relieve City from liability to
Customer for failure to provide water service due to an inability covered by this article. Force
majeure shall not relieve Customer of its obligation to make payments to City as provided in this
Agreement.
Article VI.Term
6.01 The term of this Agreement shall be for a term of twenty(20)years from the date
hereof.
6.02 This Agreement shall become null and void upon the annexation of the Property
by the City.
Article VII. Miscellaneous Provisions
7.01 Customer is prohibited from selling or giving wastewater service purchased
herein to anyone else.
7.02 Customer shall be permitted to assign its right herein to a bona fide purchaser of
the Property as long as the intended use of the service and the Property remains the same or
similar.
7.03 This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and any and all actions brought to enforce the terms of this Agreement shall be
brought in Williamson County,Texas.
7.04 This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective heirs, executors, administrators, legal representatives, successors, and
assigns where permitted by this Agreement.
7.05 In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement
shall be construed as if such invalid, illegal,or unenforceable provision had never been contained
herein.
7.06 This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
7.07 The violation by Customer of any of City's ordinances related to the use or
disposition of wastewater, or to subdivision, zoning, development or building ordinances shall
render this Agreement voidable at the option of City.
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IN WITNESS HEREOF, the parties have executed this Out of City Wastewater Service
MAgreement in two (2) counterparts, each of which will be deemed an original on this the
1"day ofkoltot 12017.
CROSSWALK CCK
By:
Name: Steve Co-Eian
Title:Pastor
Customer's Address:
8650 County Road 110
Round Rock,Texas 78664"
CITY OF OUND ROC ERAS
By: /#
Crai org ayor
Attest:
QML—
SaraWhite,
City Clerk
For C , pproved as t Form:
ate han , heets,City Attorney
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Exhibit A ROUNDROCKMAS
Page 1 of 2
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Note: Service to be connected to
manhole number: 1437704 or 1437736
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based on septic tank location.
Date•5!112017
" Crosswalk Church
Exhibit A ROUNOROCK7EXA5
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Sec.44-3.-Furnishing of water,reuse water,and sewer services outside city limits.
(a) Conditions under which city services will be provided.The city shall furnish water,sewer and/or reuse
water services to residential and commercial users located outside the city limits only upon the
following conditions:
(1) Adequate capacity exists.There is adequate capacity of city services available for the purpose of
servicing residential and commercial users outside the city without impairing services within the
city.Whether such adequate capacity exists shall be determined solely by the city council, and
the determination of the city council shall be final.
(2) Owners outside city limits to bear costs of lines and furnish easements.The construction costs of
water,sewer and/or reuse water lines and appurtenances which serve residential and commercial
users outside the city limits shall be paid for by the owner,developer,or political entity requesting
the service.Such owner,developer,or political entity shall also furnish suitable construction and
permanent easements and rights-of-way for utility lines.
(3) Construction to conform to city standards.All design and construction shall be in accordance with
city standards and specifications.
(4) New subdivisions to comply with subdivision regulations. New subdivisions (any plat recorded
after the date of passage of this section) desiring city water, sewer and/or water reuse services
shall comply with the subdivision regulations of the City of Round Rock, Texas, in effect at the
time such new subdivision is approved. Existing subdivisions whose plats were recorded with the
County Clerk of Williamson County,Texas,at the time of the passage of the original Ord.No.269
(January 8,1976)can be furnished with water and sewer services without the necessity of having
sanitary sewer collection and treatment facilities.
(5) City to have right of review.The city shall have the right to review and approve all plats and plans
and inspect and approve all water, sewer and/or reuse water construction within subdivisions
where water,sewer,and/or reuse water service is to be provided.
(6) Water and sewer facility requirements. Except as provided in subsection (4)of this section, all
residential and commercial users shall have sanitary sewer collection and treatment facilities.
Water will not be provided to residential and commercial users who utilize septic tanks save and
except water can be provided to subdivisions whose plats were recorded with the County Clerk
of Williamson County,Texas,at the time original Ord.No.269 was adopted(January 8, 1976).
(7) Water,sewer,andlorreuse waterUnes to meet ultimate requirements of city.Where water,sewer,
and/or reuse water lines and appurtenances are extended outside the city limits, the lines shall
be sized to serve the ultimate requirements of the city.
(8) Extended lines to be designed and inspected by city's engineer.All water, sewer, and/or reuse
water lines and appurtenances extending from existing city facilities to any tract of land outside
the city limits requesting water, sewer, and/or reuse water service shall be designed and
inspected by the city's engineer. The owner,developer,or political entity requesting the service
r, shall pay for these services in keeping with the current contract between the city and the engineer
employed by the city.
(9) City may reimburse owner for oversized lines. Where the size of the water, sewer,and/or reuse
water lines required to meet the ultimate requirements for the city is larger than eight inches and
the total capacity is not required to serve the tract of land to be developed,the city may enter into
+` a contract with the owner, developer, or entity constructing the lines for reimbursement for the
excess capacity as other users request and are granted service. The developer or entity
requesting service from an existing line shall pay a tap fee on a pro rata basis,as hereinafter set
forth. The reimbursement to the owner, developer, or entity who paid for the line construction
shall be made only from those tap fees paid to the city by users of the facility paid for by the said
owner, developer,or entity.
EXHIBIT B
Y
Page 1 of 2
E
(10) Pro rata basis for tap fee. The pro rata basis for the tap fee shall be computed based upon the
required demand for use and the fire protection as specified by the engineering criteria approved
by the city's engineer. The basis for cost shall be the actual total cost of the facility plus five
percent interest. The total cost shall include, but shall not be limited to, construction costs,
engineering costs,and inspection costs.
(11) Wholesale bulk rate sales of water. Facilities constructed and paid for by another public entity or
facilities which will later be acquired by a public entity may be owned, operated, and maintained
by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk
rate.The city shall own,operate, and maintain all other facilities.
(b) Rates.The rates paid by residential and commercial users located outside the city limits for the use of
the water, sewer, and/or reuse water facilities of the city shall be in accordance with sections 44-32,
44-33,and 44-34.
EXHIBIT B
Page 2 of 2
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CERTIFICATE OF INTERESTED PARTIES r-ORM 1295
1 of 1.
Complete Mos.1-4 and 6 if there are interested parties. 7CERTIFICATION
USE ONLY
Complete Nos,1,2,3, ,and 6 it there are no interested parties.. OF FILING
1. Name of business entity filling form,and the city,state and country of the business entity's place ber:
of business,
207.7-242141.
Crosswk Church
Round Rack,TX United States, Date Filed:
2 Name of governmental entityr or state agency that is a party to the contract for which the form is 07/2712017
being filed,
City of Round Rock Date Acknowledged.
Provide the Identification number used by the govarnmentai entity or state agency to track or identify the carntract,and provide a
description of the services,goods,or other property to be provided under the contract,.
Crossv4rA Church out of City wastewater agreeorn nt
4 Nature of interest
Name of interested Party City,State,country(place of business) (check applicahle)
Controlling intermediary
5 Check only if there Is NO Interested Party, Ml
X
B AFRDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct
��AF�,�sf. ,�, .✓,���'_ �Ry
s LUs Z CS * 5' nature of hutbarizeff agent of contracting business en#ity
�.✓.
AFFIX N OVE
Stivom to and su� �ure rne,by the said .mm `- c this the day of
20 s ,to certify which,witness my hand.and seal of office.
r
Siena of officer ad[nini eririg oath i>rinted name of officer administering oath Tale of officer admims1tering oath
No Text
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-242141
Crosswalk Church
Round Rock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/27/2017
being filed.
Crosswalk Church Date Acknowledged:
08/01/2017
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
NA
Non profit church organization
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I intermediary
5 Check only if there is NO Interested Party. FX-1
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said this the day of
20_to certify which,witness my hand and sea[of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
No Text