R-84-665 - 12/27/1984RESOLUTION NO. 665R
WHEREAS, Westinghouse Joint Venture ("Venture") is the owner
of 81.88 acres of land in Williamson County, Texas, and
WHEREAS, the property is located within the ETJ of the City
of Georgetown, Texas, and
WHEREAS, Georgetown does not currently have the ability to
serve the property with water and wastewater service, and
WHEREAS, the City of Round Rock currently has the capacity
to serve the property with twelve inch (12") water service and
eight inch (8") wastewater service, and
WHEREAS, the City of Round Rock is willing to serve the pro-
perty with water and wastewater service in accordance with the
terms of the attached Agreement, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
The Mayor is hereby authorized and directed to execute on
behalf of the City a Utility Service Agreement with Westinghouse
Joint Venture, a copy of said Agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED this 27th day of December, 1984.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
iruiazrcd.
J/LNNE LAND, City Secretary
EXECUTED
DOCUMENT
FOLLOWS
UTILITY SERVICE AGREEMENT
WHEREAS, Westinghouse Joint Venture, a Texas Joint Venture ("Venture") is the
owner of that certain 81.88 acres of land in the Ephriam Evans Survey, Williamson
County, Texas, as more specifically described in Exhibit "A" which is attached hereto
and made a part hereof ("Property"); and,
WHEREAS, Property is located within the extraterritorial jurisdiction of the City
of Georgetown ("Georgetown"), Texas; and,
WHEREAS, Georgetown does not currently have the capacity to serve Property
with water and wastewater service, and
WHEREAS, the City of Round Rock, Texas ("Round Rock") currently has the
capacity to serve Property with 12" water service and 8" wastewater service; and,
WHEREAS, Round Rock is willing to serve Property with water and wastewater
service.
NOW THEREFORE, Venture and Round Rock for and in consideration of the
mutual benefit to be gained by Venture and Round Rock from the performance of the
terms and conditions set forth below, agree as follows:
1. Round Rock agrees to provide 12" water service and 8" wastewater
service to Property upon the following terms and conditions:
a. The entire cost of extending Round Rock's water and
wastewater system to Property is paid by Venture, its
successors or assigns; and,
b. The plans and specifications for the facilities necessary for
extending the Round Rock's water and wastewater systems to
and throughout Property ("Facilities") are submitted to Round
Rock and are approved by Round Rock; and,
c. Any contracts for Facilities contain the following guarantee by
the contractor(s):
The contractor warrants the materials and workmanship
and that the work is in conformance with the plans and
specifications included in this contract for a period of one
(1) years from the date of acceptance of the work by the
City of Round Rock, Williamson County, Texas. Said
warranty binds the contractor to correct any work that
does not conform with such plans and specifications and to
correct any defects in workmanship or materials furnished
under this contract which may be discovered within the
said one (1) year period. The contractor shall at its own
expense correct any deficiency or defect by repairing same
to the within the said one (1) year period. The contractor
shall at its own expense correct any deficiency or defect
within thirty (30) days after receiving written notice of
said deficiency or defect by repairing same to the
condition called for in the contract documents and plans
and specifications. Should the contractor fail or refuse to
repair such deficiency or defect within the said thirty (30)
day period or to provide acceptable assurances that such
repair work will be completed within a reasonable time
thereafter, the deficiency or defect may be corrected at
the contractor's expense by the beneficiary of this
guarantee.
and that such guarantee after acceptance of the Improvements
by Round Rock shall be assigned to Round Rock for Round
Rock's benefit; and,
d. All Facilities are built in accordance with the plans and
specifications approved by Round Rock and accepted by Round
Rock; and,
e. Venture, itssuccessors and assigns dedicated and convey to Round
Rock free Jt charge all Facilities if and when Round Rock accepts
said Facilities; and,
f. All Facilities are constructed in public utility easement acceptable
to Round Rock. Venture, its successors and assigns pay all
applicable fees including but not limited to utility fees, capital
recovery fees and oversized service fees to Round Rock equal to
the fees that would be payable if Property were within the city
limits of Round Rock; and,
Venture, its successors and assigns pay utility tarriffs to Round
Rock which are two times the utility tariffs charged by Round Rock
to its water and wastewater customers located within the city
limits of Round Rock; and,
g.
h. Venture, its successors and assigns abide by any water rationing
programs adopted by Round Rock; and,
i. Venture, its successors and assigns abide by any regulations or
policies of Round Rock governing industrial or heavy water users.
2. Venture, its successors and assigns agree the water and wastewater service
to Property will be provided only if and when Venture, its successors or
assigns meets, completes and abides by the terms and conditions set forth in
paragraph 1 immediately preceding this paragraph 2.
3. This contract may be assigned by Round Rock or Venture, its successors or
assigns provided the assignee agrees in writing to be bound by the terms and
conditions hereof.
Executed as indicated below:
By:
By:
1390I
WESTINGHOUSE ROAD JOINT VENTURE,
a Texas Joint Venture
Managing Venturer
THE CITY OF ROUND ROCK, TEXAS
817-562-2113
HEUSSNER CO., INC.
RT. 1, BOX 358E MEXIA, TEXAS 76667
Manufacturer of B. E. F.,Tm• Ozo-Matic.,`" Odor Go," & Enzy-Mil
r(sbe-4,
B E. F 1 r ov e IT) rd: rf WasteNai:er
P!ant FfficicoLy - 113.. 0, D. Testing Odor Control
WESTINGHOUSE ROAD JOINT VENTURE
7110 Running Rope
Austin, Texas 78731
City of Round Rock
Round Rock, Texas
Re: Water and wastewater service to approximately 81.89
acres located in Williamson County, Texas
Gentlemen:
Westinghouse Road Joint Venture has acquired the right to
purchase approximately 81.89 acres of real property located in
Williamson County, Texas, which is described in the attachment
to this letter. It is anticipated that the tract will be
developed by Westinghouse Road Joint Venture into an industrial
campus/research and development park, with a need for
appropriate water and wastewater service.
Please verify whether or not you will be able to provide
such service to the property described herein and, if it will
be available by you, the approximate time of such avail-
ability. Written confirmation of such availability is
necessary as soon as possible.
Please let me know, of course, if you have any questions
concerning the foregoing or if any additional information is
necessary in order for you to comply with this request. During
business hours, I may be reached by telephone at 451-5130.
Yours very truly,
WESTINGHOUSE ROAD JOINT VENTURE
By:
Herbert P. Golding,
Managing Venturer
0500s
WESTINGHOUSE ROAD JOINT VENTURE
7110 Running Rope
Austin, Texas 78731
City of Round Rock
Round Rock, Texas
Re: Water and wastewater service to approximately 81.89
acres located in Williamson County, Texas
Gentlemen:
Westinghouse Road Joint Venture has acquired the right to
purchase approximately 81.89 acres of real property located in
Williamson County, Texas, which is described in the attachment
to this letter. It is anticipated that the tract will be
developed by Westinghouse Road Joint Venture into an industrial
campus/research and development park, with a need for
appropriate water and wastewater service.
Please verify whether or not you will be able to provide
such service to the property described herein and, if it will
be available by you, the approximate time of such avail-
ability. Written confirmation of such availability is
necessary as soon as possible.
Please let me know, of course, if you have any questions
concerning the foregoing or if any additional information is
necessary in order for you to comply with this request. During
business hours, I may be reached by telephone at 451-5130.
Yours very truly,
WESTINGHOUSE ROAD JOINT VENTURE
By:
Herbert P. Golding,
Managing Venturer
0500s