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R-87-1070 - 12/10/1987RESOLUTION NO. 1070R WHEREAS, Texas Crushed Stone wishes to purchase water for use outside the corporate city limits, and WHEREAS, the City Council is agreeable to selling water to Texas Crushed Stone pursuant to the terms of the attached contract, 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 a Water Service Contract with Texas Crushed Stone, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this / ( - day of December, 1987. Attest: -ItLi` _. nne Land, it RES -TCS Secretary y Mike Robinson, Mayor WATER SERVICE CONTRACT STATE OF TEXAS COUNTY OF WILLIAMSON This contract is made and entered into by and between the City of Round Rock, a home -rule and municipal corporation, hereinafter referred to as "City", and Texas Crushed Stone, a Texas corporation, (hereinafter referred to as "Purchaser"). For and in consideration of the premises and the mutual agreements, covenants, and conditions hereinafter set forth, the parties hereto contract and agree as follows: Article I. Provision of Water Service 1.01. City agrees to sell Purchaser water required by Purchaser for domestic or commercial uses on an as -needed basis. 1.02. City's obligation to provide water under this contract is subject to the capacity of City's facilities to provide water to Purchaser after meeting the municipal, domestic, commercial, and industrial needs within City's corporate limits, and after meeting any contractural obligations existing as of the date of execution of this contract, but in no event shall the City be obligated to provide more than one thousand (1,000) gallons per day, averaged over any consecutive thirty (30) day period, or more than three thousand (3,000) gallons per day peak flow. Any water used for actual firefighting will not be counted towards the maximum gallons contracted for herein. 1.03. Purchaser agrees to abide by all voluntary and mandatory conservation and use restrictions imposed by City on its own citizens. Article II. Rates 2.01. Purchaser agrees to pay City for all water delivered to Purchaser at the rate authorized by Chapter 10, Section 4, A (5), Code of Ordinances, as amended from time to time, applicable to sale of water to customers located outside the corporate limits of City. 2.02. City shall render a monthly bill to Purchaser for water consumed. Payment shall be made no later than the tenth (10th) day following the mailing of the bill. Failure by Purchaser to make a payment when and as specified will give City the option to terminate all obligations of City under this contract. 2.03. Purchaser shall be subject to the penalty provisions for late payment as now exist in Chapter 10, Section 4.D., Code of Ordinances, and as amended from time to time. Article III. Compliance with Ordinances 3.01. Purchaser agrees to comply with all of City's ordinances as they now exist or amended from time to time regarding the sanitary use of water. 3.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary condition of City's water supply system. 3.03. Purchaser agrees to pay a Water Service fee in the amount of Two Thousand Six Hundred Ninety and No/100 Dollars ($2,690.00) and a LUE fee in the amount of Three Hundred and No/100 Dollars ($300.00). Article IV. Force Majeure 4.01. In the event either party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this contract, then the obligations of that party, to the extent affected by the force majeure and to the extent that due diligence is T9wtr-city 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 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 remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by 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 Purchaser for failure to provide water service due to an inability covered by this article. Force majeure shall not relieve Purchaser of its obligation to make payments to City as provided in this contract. Article V. Term 5.01. The term of this contract shall be for a term of ten (10) years from date hereof. 5.02. This contract shall become null and void upon the annexation of Purchaser's property by the City. Article VI. Miscellaneous Provision 6.01. Purchaser agrees that it is prohibited from selling or giving water purchased herein to anyone other than in the normal course of its business. 6.02. Purchaser shall be permitted to assign its rights herein to a bona fide purchaser of its property as long as the intended use of the water remains the same or similar. 6.03. This contract shall be construed under and in accordance with the laws of the State of Texas, and any and all actions brought to enforce the term of this contract shall be brought in Williamson County. 6.04. This contract 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 contract. 6.05. In case any one or more of the provisions contained in this contract 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 contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6.06. This contract 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. 6.07. The violation by Purchaser of any of City's ordinances related to the use of water shall render this contract voidable at the option of City. 2. EXECUTER, in duplica#,-, at Round Rock, Williamson County, Texas, on the it) day of /),F?,f'QA1142Af1k...- , 1987. ATTEST: 1 ne Land, Cit Secretary CITY OF ROUND ROCK: By: p,(, Mike Robinson, Mayor PURCHASER: Texas Crushed Stone By: By: By: 3. DATE: December 8, 1987 SUBJECT: Council Agenda, December 10, 1987 ITEM: 12C. Consider a resolution authorizing the Mayor to enter into a contract with Texas Crushed Stone. STAFF RESOURCE PERSON: STAFF RECOMMENDATION: Jim Nuse This contract is recommended for acceptance. It is for 1,000 gallons per day of water service. ECONOMIC IMPACT: This will be a new customer and provide revenue.