Loading...
R-99-09-09-10E8 - 9/9/1999RESOLUTION NO. R -99-09-09-10E8 WHEREAS, §10.103 Code of Ordinances (1995 Edition) provides that under certain conditions the City will furnish water service outside of the city limits, and WHEREAS, the Wiley Family Limited Partnership, the owner of a tract of land as shown in Exhibit "A", ("Property") has requested that the City furnish water service to said Property for domestic or commercial uses on an as -needed basis, and WHEREAS, the Council hereby determines that the City has adequate capacity of water service 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 K:\WPDOCS\RESOLUTI\R90909E8.WPD/scg of Ordinances (1995 Edition) the City Council hereby approves the furnishing of water service to the Property for domestic or commercial uses on an as-needed basis, subject to the owner's compliance with the requirements of said §10.103, and at the rates specified in §10.201(5)(b) of the Code. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this the 9th day of September, 1999. TEST: ANNE LAND, City Secretary 2. ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas EXECUTED DOCUMENT FOLLOWS WATER SERVICE CONTRACT THE 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 Wiley Family Limited Partnership, a Texas limited partnership (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 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 contractual obligations existing as of the date of execution of this contract, but in no event shall City be obligated to provide more than 7,500 gallons of water per day averaged over any consecutive thirty (30) day period, or more than 10,000 gallons per day peak flow. Any water used for actual firefighting will not be counted towards the maximum gallons contracted for herein. Article II. Rates 2.01. Purchaser agrees to pay City for all water delivered by the City the 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. B I0° 2.02. City shall render a monthly bill to Purch r for water consumed. Payment on each of such bills shall be made no later than the tent 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 until such payment, plus any penalty for late payment as described in Section 2.03 below has been paid. 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. S:\WPDOCS\SCANNED\WATRSERV.WPD/sc 1 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. Article IV. Force Majeure 4.01. In the event that 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 wastewater treatment systems, 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, provided, however, this contract may be extended for up to four (4) successive renewal terms of ten (10) years each, provided that Purchaser exercises its right to extend the term by written notice to City at least sixty (60) days prior to the expiration of the original term or the renewal term then in effect. Purchaser may not extend the term of this contract if it is in default hereunder. 5.02. This contract shall become null and void upon the annexation of Purchaser's property by the City. 2 Article VI. Miscellaneous Provision 6.01. Purchaser agrees that it is prohibited from selling or giving water 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 water services 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 service and the failure to cure such violation within ten (10) days after written notice from the City shall render this contract voidable at the option of City. Article VII. Construction 7.01 It is acknowledged and agreed that Purchaser, its agents or contractors shall construct a twelve inch (12") water line from the existing City water line on the north side of Louis Henna Boulevard to Purchaser's property 011 the south side of Louis Henna Boulevard. City hereby grants to Purchaser a temporary construction easement for the purpose of completing such construction, which temporary construction easement shall cover any property owned by City and property subject to an easement held by City, provided that Purchaser shall proceed with such construction with due diligence and shall not unreasonably interfere with the flow of traffic on Louis Henna Boulevard. At such time that City extends wastewater service to the south side of Louis Henna Boulevard in connection with an annexation of the Purchaser's property or otherwise, Purchaser shall be entitled to tap into such wastewater service for use at Purchaser's property, provided that Purchaser shall pay any applicable tap -in fee. 3 EXECUT D in duplicate, at Round Rock, Williamson County, Texas, on the q-41° day of , 1999. ATTEST: CITY OF ROUND ROCK: nne Land, City Secretary Robert A. Stluka, Jr., ayor PURCHASER: WILEY FAMILY LIMITED PARTNERSHIP 8y: NARte uctihnenk, Inc , By: Name: INJV�1lay 7/� Title: pryer} 4 VAT S O T- 9501 CAPI'.. SUITE 303 346-8566 LJRVEYINTG . OF TEXAS HWY. AUSTIN, TX 78759 FAX 346-8568 4' - FIELD NOTES: 5.011 acres of land out of the Memucan Hunt Survey, Abstract No. 314, Williamson County, Texas, and being the same 5 acre tract described in Vol. 658, page 172, Williamson County Deed Records; described by metes and bounds as follows: BEGINNING at a i" pin found at the Northeast corner of said 5 acre tract; THENCE with the north line of said 5 acre tract also the south line of Louis Henna Blvd., S72°47'25"W 300.29 ft to nail set in concrete for northwest corner of this tract; THENCE with the west line of said 5 acre tract, S17°13'20"E 740.61 ft to i" pin found at the southwest corner of said 5 acre tract for southwest corner of this tract; THENCE with the south line of said 5 acre tract also the north line of Roundville Lane, N67°28'E 301.79 ft to in pin found at the southeast corner of said 5 acre tract for the southeast corner of this tract; THENCE with the east line of said 5 acre tract, N17°14'19"W 712.61 ft to the place of BEGINNING, containing 5.011 acres. EXHIBIT "A"