R-84-655 - 11/20/1984RESOLUTION NO. 655R
WHEREAS, Applied Information Memories, Inc. ("AIM") owns Lot
6, Block A, Oakmont Centre Subdivision, which lot is presently
included within an area under study for annexation by the City,
and
WHEREAS, the City Council desires to designate the property
as an industrial district and agree not to annex the property
until after December 21, 1986, and
WHEREAS, the City Council desires to provide water and
wastewater utility service to the property, 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, an Agreement Concerning Utility Service
with AIM, a copy of such agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED this o2 -(J — day of
ATTEST:
JNNE LAND, City Secretary
, 1984.
MIKE ROBINSON, Mayor
City of Round Rock
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AGREEMENT CONCERNING UTILITY SERVICE
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
KNOW ALL MEN BY THESE
PRESENTS
This Agreement is made and entered into on this the
day of , 1984, by and between APPLIED INFORMATION
MEMORIES, INC., a California corporation, hereinafter called
"AIM", and the CITY OF ROUND ROCK, hereinafter called "City":
WHEREAS, AIM, on November 29, 1983, entered into an Option
Agreement with Provident Development Company to acquire Lot 6,
Block A of the Oakmont Centre subdivision in Williamson County,
Texas, more particularly described on Exhibit "A", attached
hereto and incorporated herein by reference, hereinafter
referred to as the "Property"; and
WHEREAS, on April 26, 1984, AIM exercised said option to
acquire the property; and
WHEREAS, said property is outside the city limits of the
City; and
WHEREAS, AIM desires to secure utility service to the
property at the City's ordinary and usual rate for industrial
customers outside the corporate limits of the City; and
WHEREAS, the City is agreeable to providing said service
to AIM at the City's ordinary and usual rate for industrial
customers outside the corporate limits of the City; and
WHEREAS, the City desires to designate the Property
described above as an industrial district, as provided in Art.
970a, Section 5 of the Tex. Rev. Civ. Stat.; and
WHEREAS, the City recognizes that AIM is a major employer
of the citizens of the City and that AIM benefits the economic
welfare of the City; and
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WHEREAS, the City recognizes that entering into this
Agreement Concerning Utility Service would be advantageous for
the City and its citizens;
THEREFORE, the parties hereto agree as follows:
I.
The City shall provide water and sewer service to said
Property. Said service shall be provided or withheld on an
identical basis to that provided city residents. The charge to
AIM for such service shall be the City's ordinary and usual
rate for industrial customers outside the corporate limits of
the City.
II.
The parties hereto agree that said agreement to provide
water and sewer service shall be solely for the benefit of AIM
or any successor of the business of AIM. Should AIM transfer
legal title to this property, or enter into a lease on said
property, for a term of longer than 3 years, this Agreement
shall be of no further force and effect.
III.
The parties agree that the Property is hereby designated
as an industrial district as provided in Art. 970a, Section 5,
Tex. Rev. Civ. Stat. and pursuant to that statute, the City
agrees that it will not annex said property before December
21, 1986. AIM agrees that at any time after December 21, 1986
it will consent to annexation, and at the City's request, it
will petition for voluntary annexation.
IV.
The parties agree that AIM will be subject to city regu-
lation, except zoning, just as if this property was within the
corporate limits of the City. This regulation shall include,
but not be limited to, building inspections, building permits,
all fees assessed in connection with the building including
capital recovery fees, and any other city ordinances applicable
to the building process.
V.
A. This contract shall be construed under and in ac-
cordance with the laws of the State of Texas, and all
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obligations of the parties created hereunder are performable in
Williamson County, Texas.
B. Should any litigation be commenced between the
parties hereto concerning this agreement the party prevailing
in such litigation shall be entitled in addition to such other
relief as may be granted, to a reasonable sum as and for
attorney's fees and costs.
C. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective legal
representatives, successors and assigns where permitted by this
Agreement.
D. 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 hereof, and this contract shall be construed as if
such invalid, illegal, or unenforceable provision had never
been contained herein.
E. This contract constitutes the sole and only agreement
of the parties hereto and supersedes any prior understanding or
written or oral agreements between the parties respecting the
within subject matter.
EXECUTED this
day of , 1984.
APPLIED INFORMATION MEMORIES, INC.,
a California corporation
BY:A.,
N.E. Ch man, Vice President
EXECUTED this day of , 1984.
CITY OF ROU ? ROCK
By:
ATTEST:
Mike Robinson, Mayor
Joanne Land
City Secretary