R-88-1114 - 5/12/1988RESOLUTION NO. 1114R
WHEREAS, Wayne Dayton and Carl Young wish to purchase water and
wastewater service from the City of Round Rock, and
WHEREAS, the City Council is agreeable to selling water and
wastewater service to Wayne Dayton and Carl Young pursuant to the
terms and conditions of the attached contracts, 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 and a Wastewater Service
Contract with Wayne Dayton and Carl Young, a copy of said contracts
being attached hereto and incorporated herein for all purposes.
RESOLVED this /2e
day of May, 1988.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
4141v
70 NE LAND, City Secretary
G5RESWATSV
114.'2'1",: „+4 15: 4 22,
STATE OF TEXAS
COUNTY OF WILLIAMSON
Yi_II_I.0 Hr ID :=Uh]F'HhJ''r', 1
WATER SE1lycp4
S
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 Wayne Dayton and Carl Young for the
proposed Beverly Dayton Subdivision; (hereinafter referred to as
"Purchaser"). For and in consideration of the
the
mutual agreements, covenazats, and conditions hereinafterssetand forth,
the parties hereto contract aed agree as follows
•
Anti 1.. Provision o
1. Water ervice
1.01. City agrees to sell Purchaser water required by Purchaser
for domestic or commercial uses en an as -needed basis.
Purchasers Tpropex yerdesor badein to be �� provided herein is for
without the express written consent ofhibit City. A and no :other property,:
1.03. 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, Nine Hundred Twenty (1,920)
averaged over any consecutive thirty(30)day gallons per day,h
Five Thousand, Seven Hundred sixty period,llonsore more peak
(5,760) gallons per day peak
flow. Any water used for actual firefighting will not be counter]
towards the maximum gallons contracted for herein.
1.04. Purchaser agrees to abide by all voluntary and mandatory
conservation and use restrictions imposed by City on its own
citizens.
Artlele I 1 ates
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 provisl,ons for
late payment as now exist in Chapter 10, Section 4.D., Code of
Ordinances, and as amended from time to time.
Article III_„ cpmpl. alnce with Ordinance%
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 Five Thousand, Three Hundred Eighty and NO/100 Dollars
and a LUE fee' in the amount of Six Hundred and N0/100 Dollars
($600.00).
C25WTR-CITY
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'11111_1115 HI IDD c_I_II'IP—'HI 1 9 l 1 J'._.
Article IV. Fe re s'udeuret +
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
being used to resume performance at the earliest practicable time,
shall be ouspended 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
orders of the government of the United States or the StateofeTexas
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, whethersimilar 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.
t e V . 'keit►
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.
t V M ce angio s P is
6.01. Purchaser agrees that it is prohibited from selling or
giving water purchased herein to anyone other than ir? 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 and the property 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 provisiorla contained in
this contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, suchinvalidity, 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.
I
2.
7 related to 6.07. Tho violation b
the y Purchaser of any of Cit
the option of Cityuee of water shall render this aonbraGBvoidabi&at
oes
.
EXECUTED in duplicate
on the /LIday of , at Round Rock, Williamson County
,Y, Texas,
ATTEST:
CITY op ROUND RO
nne Land, City By: DY'`_
Y Mike Robinson, Mayos.
3.
PURCHASER:
•7't•
c�ti
WAYNE DAY ON
CARLY NU G
•
11
WASTEWATER SERVICE CONTR.CT
STATE .QF • TEXAS
'•COVIlf f OF WILLIAMSON •
•
•
phis contract'is made and entered into'b and ae
etw -
of Rcund Rock, a home -rule and municipal corporation,hereinafter
referred to as "City.and Wayne Dayton and Ca_1 Young for the
proposed Beverly..Dayton Subdivision. ''(hereinafter referred to as
"Purchaser") . .For and in. corjs5Aeration of 'the premises and the
mutual agreetents, • covenants, and c:c•nditions hereinafter set fortis,
the parties;.hereto Contract and agree as follows:
Article I. . Provisign of Yastewate.Service
1 •
1.01- City agrees to sell Purcheeer wastewater service required
':;by Purchaser for domestic -or commercial uses on an,as-needed basis.
1.02. The wastewater service to be provided herein is for
Purchaser's pr;perty. described in Exhibit "A" and no other property,
without the expresa written consent of City.
3..03. City's obligation to prev.;.raa wastewater service under
this contract is subject to . the canaeity of city's fac:il_Lies to
provide' wastewater service to Purcha>er after meeting the municipal,
domestic, commercial, and induatria.j. needs within City's corporate
ee limits, and after meeting any contractual obligations existing as of
the date of execution of this contract, but'in i.n r_o event shall City be
obligated to' provide more wastewater , ervice. than that needed by four
(4) living unite equivalents /LUE).
Article. i. Rates
2.91`.• Purchaser agrees to • pay City for'waste:,ater service at
the rata authorized by. Chapter 10, Section 4, 33, Code of Ordinances,
as amended from time to time, applicable to wastewater service rate!-
for customers located outside the corporate limits of City.
2.02. •' d sty shall render r.+, monthly b lY. to Purchaser or
wastewater, 'service. Payment uhall be made no later than the tenth
(10th) day.•... following the mailing of the bill. Failure by Purchaser
to nake a payment when and as specified will c;'.',•e City the option to
terminate all. ' obligations of City undar this cc:•r.':..!:art, as well as the
contract for Water.Service of even .data herewith.
2.03. Purchamer shall be subject to, the penel
isions
late, payment as now exist in Chapter- 10, Sect;onp4.D., Codefor ef
Ordinances, and as:°Amended from time to time.
Article III. Cotn'al fiance with. Ordir g_pces
3.01. Pi'.:7chasei agrees toromf 1y with all City's ordinancesas they .no;; exist • or amen:led frcm time to time regarding the
wastewater tre;:.trnent system and 1:11s) sanitary use o.f:water.
•
3.02•.'• Purchaser agrees to tale all reasonable precautions to
maintain the sazt t:ary condition of City's water supply•system.
3.03. Purr.haser a•: des to pay a Wa ,cewater fee in the
amount of Five TThousaeu, and No/100 Dollars ::00)�ian
in the amount of Six Hundred and No/100 Dollars5($600.0)). a LUE fee
(5GU0.00�.
Article IV. Force Majeure
4.01. In the event either party is rendered unable, wholly or
in part, by force ntajeure to carry out any of its obligations under
this contract, then the obligations r..F that party, to the extent
affected by the force majeure and to the that due diligence is
being used to resume performance at the L:.. Lest practicable time,
shall be suspended during the Gentanual.•a of the inability. The
•
C25WTR-CIT2
,�'
t/', f .r
-'.cause, as far as possible, shall be remedied with all
diligence? The term "force majeure reasonable
", includes lockouts or other industrial disturbances, acts aofsthe God, of the government of the United States or the TexasState iofex
or any civil or military authority, insurrections, riots e
landslides,
floods, washouts,
earthquakes, fires, epidemics,
people, civil disturbances, arrests, restrantsurofcgovernment and
euipment, explosions, breakage or accidents to
equipment, tpipelines,s oremcanals, partial or entire failure of
party, whether similar to those aenumerated nd any torrotherwise, thatof eithnoter
within the control of the party claiming the inability and that could ld
not have been avoided by the exercise of due diligence and care. It
is understood and agreed that the settlement of strikes and to It
shall be entirely within the discretion of the lockouts
difficulty and that the requirement that anypartyhaving the
remedied with all reasonable dispatch shall fnote majeure be
settlement of strikes and lockouts by acceding to the demands of the
require the
opposing party if the settlement is unfavorable to it in the
of the party having the difficult judgment
from liability to Purchaser for failuretoprovide majeure shall relieve City
due to an inability covered by this article. Force wmajeure eshall
not
relieve Purchaser of its obligation to make It not
provided in this contract. payments to City as
Article V. Term
5.01. The term of this contract shall be for a to
years from date hereof. rm of ten (10)
I
5.02. This
''sy byt shall the
null and void upon the
annexation of Purchaser
'y City.
Article VI. Miscellaneous Provision
6.01.
Purchaser agrees that it
giving wastewater serve is prohibited from selling or
the normal course of its businesshased herein to anyone other than in
6.02. Purchaser shall be permitted to assign its rights h
to a bona fide purchaser of itsherein
of the property as long as the intended use
property 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 actio
to enforce the term of this contract shall be brought in W
County. ns brought
Williamson
6.04. This contract shall be binding
benefit of the parties hereto and their resective heirs, upon and axe to the
administrators, legal representatives, successors
permitted by this contractp executors,
and assigns where
6.05. In case any one or more of the
this contract shall for any reason be held to beoinvalid, contained or
unenforceable
unenforceable in any respect, such invalidity,iality, or
this contract yshshallbenot
affect. any other provision illegality, or
if provialod therega, and
unenforceable provision had never been contained hherein
illegal., or
6.06. This contract constitutes the sole and only agreement
the parties hereto and supersedes an
or oral agreements between the any prior understandings ortten
matter. parties respecting the within subject
i
6.07.r
related Thewa
evioloawastewater
by Purchaser of an
of voidable at the option of City.
related
service shall render ythis rcontract
2.
EXECUTED,,... in duplicate
on the ia-!fi 'day of
ATTEST:
Jo ne Land, City Secretary
3.
Round Rock, Williamson Court
, 1988.
.* •
CITY OF ROUND ROCK: •
By:
Mike Rob nson, Mayor
• 41
41..,~1•••••
PURCHASER:
WAYNE D TON
CARL YOUNG
cad
. „.
•
DATE: May 10, 1988
SUBJECT: Council Agenda, May 12, 1988
ITEM: 16B. Consider a resolution authorizing the Mayor to enter
into a contract for water and wastewater services with
Wayne Dayton.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION: Wayne Dayton and Mr. Young have made a request for
water and wastewater service beyond the City's
E.T.J. at Bratton Lane. The owners are requesting
four L.U.E.'s each of water and wastewater. The
tract must be subdivided prior to execution.
ECONOMIC IMPACT: This will provide the City with four utility
service fees and two times the in -city rate.