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R-88-1113 - 5/12/1988RESOLUTION NO. 1113R WHEREAS, the Round Rock Christian Church wishes 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 the Round Rock Christian Church 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 the Round Rock Christian Church, a copy of said contracts being attached hereto and incorporated herein for all purposes. f 1 RESOLVED this /c' day of May, 1988. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: NNE LANE, Ci y Secretary G5RESRRCC WASTEWATER 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 Round Rock Christian Church, (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 Wastewater Service 1.01. City agrees to sell Purchaser 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 property described in Exhibit "A" and no other property without the express written consent of City. 1.03. City's obligation to provide wastewater service under this contract is subject to the capacity of city's facilities to provide wastewater service to Purchaser after meeting the municipal, domestic, commercial, and industrial needs within City's corporate limits, and after meeting any contractual obligations existing as of the date of execution of this contract, but in no event shall City be obligated to provide more wastewater service than that needed by two (2) living unit equivalents (LUE). Article II. Rates 2.01. Purchaser agrees to pay City for wastewater service at the rate authorized by Chapter 10, Section 4, B, Code of Ordinances, as amended from time to time, applicable to wastewater service rates for customers located outside the corporate limits of City. 2.02. City shall render a monthly bill to Purchaser for wastewater service. 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, as well as the contract for Water Service of even date herewith. 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 wastewater treatment system and 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 Wastewater Service fee in the amount of TWO THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00) 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 being used to resume performance at the earliest practicable time, shall be suspended during the continuance of the inability. The C25WTR-CIT3 • 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 wastewater treament system, 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 wastewater 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 wastewater service 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 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 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 water or wastewater service shall render this contract voidable at the option of City. 2. • • • EXECUTED, in duplicate, at Round Rock, Williamson County, Texas, on the /AY) day of i'Y72.t j , 1988. ATTEST: Coid_ nne Land, City Secretary CITY OF ROUND ROCK: By: Mike Robinson, Mayor PURCHASER: ROUND ROCK CHRISTIAN CHURCH Ted Morris, Trustee B 3. hn Claymon, Tru- ee 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 Round Rock Christian Church, (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. The water service to be provided herein is for Purchaser's property described in Exhibit "A" and no other property, without the express written consent of City. 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 nine hundred sixty (960) gallons per day, averaged over any consecutive thirty (30) day period, or more than two thousand, eight hundred eighty (2,880) gallons per day peak flow. Any water used for actual firefighting will not be counted 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. 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). C25WTR-CIT4 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 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 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 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. 2. 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. EXECUTED, in duplicate, at Round Rock, Williamson County, Texas, on the /r;U!) day of X77 , 1988. ATTEST: nne Land, City Secretary CITY OF ROUND •eK: By: Mike Robinson, Mayor PURCHASER: ROUND ROCK CHRISTIAN CHURCH BY:'�--�'K- ) l ()11-'1 By: B Ted Morris, Trustee im Ke sler, Trustee 3. hn Claymon, Tr -tee DATE: May 10, 1988 SUBJECT: Council Agenda, May 12, 1988 ITEM: 16A. Consider a resolution authorizing the Mayor to enter into a contract for water and wastewater services with Round Rock Christian Church. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: ECONOMIC IMPACT: The Round Rock Christian Church has requested water and wastewater service to its lot located in Round Rock Glen. They have prepared a standard contract for out of City utility service. It is requested that the Mayor be authorized to enter into this contract when it is executed by the Church officials. This will provide the City with water and wastewater service fees and two times the in -city rate. Staff recommends acceptance.