R-98-01-22-10H - 1/22/1998RESOLUTION NO. R -98-01-22-10H
WHEREAS, §10.103 Code of Ordinances (1995 Edition) provides
that under certain conditions the City will furnish water and
wastewater services outside of the city limits, and
WHEREAS, Roger Grimes, the owner of a tract of land as shown
in Exhibit "A", ("Property") has requested that the City furnish
water and wastewater service to said Property for one single-family
residence, and
WHEREAS, the Council hereby determines that the City has
adequate capacity of water and wastewater services available for
the purpose of serving the Property without impairing services
within the City, and
WHEREAS, the owner of the Property must comply with all of
the provisions of §10.103 with respect to costs, construction
standards, inspections, et cetera, and
WHEREAS, the owner of the Property must also comply with
applicable subdivision and platting statutes and ordinances, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That subject to owner's compliance with applicable subdivision
and platting statutes and ordinances, and pursuant to §10.103 Code
of Ordinances (1995 Edition) the City Council hereby approves the
furnishing of water and wastewater service to the Property for one
single-family residence, subject to the owner's compliance with the
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EXECUTED
DOCUMENT
FOLLOWS
OUT -OF CITY WATER AND 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 Roger Grimes, 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 and Wastewater Service
1.01. City agrees to sell Purchaser water and wastewater required by Purchaser for
domestic uses on an as -needed basis for one single-family residence only.
1.02. The 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. 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 10.201 (5)(b), Code of Ordinances, as amended from time to time, applicable
to sale of water to customers located outside the corporate limits of City. Purchaser agrees to pay
City for all wastewater service at the rate authorized by Chapter 10, Section 10.202 (b), Code of
Ordinances, as amended from time to time, applicable to wastewater service for customers located
outside the corporate limits of City,
2.02. City shall render a monthly bill to Purchaser for wastewater service and 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, 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 sanitary use of water or the wastewater treatment system.
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3.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary conditions
of city's water supply system.
3.03. Purchaser agrees to pay a Water Impact fee in the amount of One Thousand, Three
Hundred Forty -Five and NO/100 Dollars ($1,345.00) and a LUE fee in the amount of One Hundred
Fifty and NO/100 Dollars ($150.00).
3.04. Purchaser agrees to pay a Wastewater Service fee in the amount of One Thousand
Two Hundred Fifty and NO/100 Dollars ($1,250.00) and a LUE fee in the amount of One Hundred
Fifty and NO/100 Dollars ($150.00).
Article IV. Force Majeure
4.01 In the even 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, 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 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 thirty (30) 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 is prohibited from selling or giving water and/or wastewater
service purchased herein to anyone else.
6.02. Purchaser shall be permitted to assign its right herein to a bona fide purchaser of its
property as long as the intended use of the service and the property remains the same or similar.
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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 or
wastewater service shall render this contract voidable at the option of City.
oftEXECUTED in duplicate, at Round Rock, Williamson County, Texas, on the od 04 - day of
1998.
ATTEST:
iii/nAtz) aea/g,c4--,
e Land, City Secretary
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CITY OF ' OUND ROCK:
By:
Charles Culpep .er ayor
PURCHASER:
ROGER MEQ