R-03-05-22-11E5 - 5/22/2003and
BE IT FURTHER RESOLVED,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Out -of -City Water and Wastewater Service Contract
with Clayton B. Stone, a copy of said contract being attached hereto as
Exhibit "B" and incorporated herein for all purposes.
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.
RESOLVED this the 22"d day of May,
2003.
NY ,=- EL'i Mayor
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City Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre ary
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RESOLUTION NO. R -03-05-22-11E5
WHEREAS, §10.103 Code of Ordinances (1995 Edition) provides that
under certain conditions the City will furnish water and wastewater
service outside of the city limits, and
WHEREAS, Clayton B. Stone, 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, and
WHEREAS, the Council hereby determines that the City has
adequate capacity of water and wastewater 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 owners 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, subject to
the owners compliance with the requirements of said §10.103, at the
rates specified in §10.201(5)(b) of the Code, and in accordance with
the Out -of -City Water and Wastewater Service Contract described below,
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and
BE IT FURTHER RESOLVED,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Out -of -City Water and Wastewater Service Contract
with Clayton B. Stone, a copy of said contract being attached hereto as
Exhibit "B" and incorporated herein for all purposes.
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.
RESOLVED this the 22nd day of May,
ST: •
P.
2003.
/ 41111111111
NY -VEL"; Mayor
City .4Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secra
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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 six hundred seventy-five (675) gallons
per day of water or to accept more than five hundred twenty-five (525) gallons per day of
wastewater, averaged over any consecutive thirty (30) day period, or more than one thousand seven
hundred (1,700) gallons per day peak flow of water or more than one thousand three hundred twenty-
five (1,325) gallons per day peak flow of wastewater. Any water used for actual firefighting will not
be counted towards the maximum gallons contracted for herein.
1.03. Purchaser agrees to abide by all voluntary and mandatory conservation and use
restrictions imposed by City on its own citizens. Purchaser is solely responsible for the construction
of any and all lines servicing the property.
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 (1995 Edition), as amended from time to
time, applicable to sale of water to customers located inside the corporate limits of City. Purchaser
agrees to pay City for all wastewater service at the rate authorized by Chapter 10, Section
10.202(1)(b), Code of Ordinances (1995 Edition), 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 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 all provisions of the Utility Billing Policy contained in
Chapter 10, Section 10.203, Code of Ordinances (1995 Edition), 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 as they
are amended from time to time regarding the sanitary use of water or the wastewater treatment
system.
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 Impact Fee (based on a 3/4" meter size) in the
amount of Four Thousand Three Hundred Sixty Five and NO/100 Dollars ($ 4,365.00), based on the
upgraded service requirement; a water meter fee (based on 3/4" meter size) in the amount of Forty
Three and NO/100 Dollars ($ 43.00); and to pay all other fees applicable to water service.
-2-
3.04 Purchaser agrees to pay a Wastewater Impact Fee in the amount of One Thousand
Five Hundred Eighty Eight and 50/100 Dollars ($ 1,588.50), based on the upgraded service
requirement, and to pay all other fees applicable to wastewater service.
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 the date hereof.
5.02. This Contract shall become null and void upon the annexation of Purchaser's property
by the City.
Article VI. Annexation
6.01. As a condition for the provision of water and wastewater service, Purchaser, its
successors and assigns, agrees, when requested by the City, to execute and file with the City a
petition requesting the City annex its entire acreage of approximately 2.981 acres. Failure to do so
shall give the City the option to terminate all obligations of the City under this Contract.
Article VII. Miscellaneous Conditions
7.01 As a condition for the provision of water and wastewater service, Purchaser, its
successors and assigns, agree to the following:
-3-
9.03. 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 terms of this Contract shall be brought in
Williamson County.
9.04. 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.
9.05. 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.
9.06. 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.
9.07. The violation by Purchaser of any of City's ordinances related to the use or disposition
of water and wastewater shall render this Contract voidable at the option of City.
EXECUTED, in duplicate, at Round Rock, Williamson County, Texas, on the day
of , 2003.
ATTEST: CITY OF ROUND ROCK
By:
Christine R. Martinez, City Secretary Nyle Maxwell, Mayor
-5-
DATE: May 15, 2003
SUBJECT: City Council Meeting — May 22, 2003
ITEM: 11.E.5. Consider a resolution authorizing the Mayor to execute a contract
with Clayton B. Stone for the provision of out -of -city water and
wastewater services.
Resource:
History:
Tom Word, Chief of Public Works Operations
Alysha Girard , Development Services Manager
This contract will encourage the relocation of the Stones Campers which
will allow for the comprehensive development of the land located south of
Target at the southeast corner of IH 35 and SH 45. This tract is not in the
City and is anticipated to be absorbed by the future Greenlawn Boulevard
extension. The developer has agreed to basic development standards.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Impact/ Benefit:
Public Comment:
Sponsor:
Allows for the cohesive development expansion of the land located
south of Target at the southeast corner of IH 35 and SH 45.
N/A
N/A
RECORDED
DOCUMENT
FOLLOWS
ORIGINAL
OUT -OF -CITY WATER AND WASTEWATER SERVICE CONTRACT
(r
STATE OF TEXAS §
CO §
COUNTY OF WILLIAMSON §
0
t'1
This Out-of-City Water and Wastewater Service Contract ("Contract") is made and entered
into by and between the City of Round Rock, a home-rule and municipal corporation, hereinafter
tryy referred to as "City", and Clayton B. Stone, hereinafter referred to as "Purchaser".
to J
Recitals
WHEREAS, Austin Turfgrass, Inc., a Texas corporation ("Austin Turfgrass"), is the owner
of a 2.981 acre tract, more particularly described as Lot 1-A, Bratton 35 Amended, a subdivision
in Travis County, Texas, according to the map or plat thereof, recorded in Volume 87, Page 98A of
the Plat Records of Travis County, Texas and generally depicted in the sketch attached hereto as
Exhibit "A" and made a part of this Contract ("Property"); and
WHEREAS, Austin Turfgrass entered into that certain Contract of Sale dated October 24,
2002, with Capital City Partners, Inc., a Texas corporation ("Capital City") for the purchase of the
Property; and
WHEREAS, Capital City entered into that certain Exchange Contract dated November 12,
2002, with Purchaser for the conveyance of the Property to Purchaser; and
WHEREAS, the conveyance of the Property to Purchaser is conditioned upon utilities being
obtained to service the Property; and
WHEREAS, City agrees to provide service for water and wastewater to the Property through
this Contract to Purchaser conditioned upon the conveyance of the Property to Purchaser;
NOW THEREFORE, for good and valuable consideration, and in consideration of the
premises and the mutual agreements, covenants, and conditions hereinafter set forth, the parties
hereto contract and agree to the above stated Recitals and 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 the Property.
1.02. City's obligation to provide water and wastewater services under this Contract is
subject to the capacity of City's facilities to provide water and wastewater services to Purchaser after
O:\wdox\CORR\unl\stonesca\00048913. WPD -1-
k-O-o5_).,-l1E5
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 six hundred seventy-five (675) gallons
per day of water or to accept more than five hundred twenty-five (525) gallons per day of
wastewater, averaged over any consecutive thirty (30) day period, or more than one thousand seven
hundred (1,700) gallons per day peak flow of water or more than one thousand three hundred twenty-
five (1,325) gallons per day peak flow of wastewater. Any water used for actual firefighting will not
be counted towards the maximum gallons contracted for herein.
1.03. Purchaser agrees to abide by all voluntary and mandatory conservation and use
restrictions imposed by City on its own citizens. Purchaser is solely responsible for the construction
of any and all lines servicing the property.
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 (1995 Edition), as amended from time to
time, applicable to sale of water to customers located inside the corporate limits of City. Purchaser
agrees to pay City for all wastewater service at the rate authorized by Chapter 10, Section
10.202(1)(b), Code of Ordinances (1995 Edition), 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 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 all provisions of the Utility Billing Policy contained in
Chapter 10, Section 10.203, Code of Ordinances (1995 Edition), 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 as they
are amended from time to time regarding the sanitary use of water or the wastewater treatment
system.
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 Impact Fee (based on a 3/4" meter size) in the
amount of Four Thousand Three Hundred Sixty Five and NO/100 Dollars ($ 4,365.00), based on the
upgraded service requirement; a water meter fee (based on 3/4" meter size) in the amount of Forty
Three and NO/100 Dollars ($ 43.00); and to pay all other fees applicable to water service.
-2-
3.04 Purchaser agrees to pay a Wastewater Impact Fee in the amount of One Thousand
Five Hundred Eighty Eight and 50/100 Dollars ($ 1,588.50), based on the upgraded service
requirement, and to pay all other fees applicable to wastewater service.
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 the date hereof.
5.02. This Contract shall become null and void upon the annexation of Purchaser's property
by the City.
Article VI. Annexation
6.01. As a condition for the provision of water and wastewater service, Purchaser, its
successors and assigns, agrees, when requested by the City, to execute and file with the City a
petition requesting the City annex its entire acreage of approximately 2.981 acres. Failure to do so
shall give the City the option to terminate all obligations of the City under this Contract.
Article VII. Miscellaneous Conditions
7.01 As a condition for the provision of water and wastewater service, Purchaser, its
successors and assigns, agree to the following:
-3-
(a) security fencing and fencing in the street yard shall consist of wrought-
iron/steel wrought type fencing;
(b) front facade shall have stone veneer;
(c) ten (10) percent of the lot shall be landscaped open space;
(d) along the I-35 frontage road, small ornamental trees shall be planted 30 feet
on center with underground irrigation, including bubblers, for the trees;
(e) site signage shall be limited to one pole sign, which shall be built in
compliance with Chapter 3, Section 3.1400, Code of Ordinances (1995
Edition), as amended from time to time and roof mounted building signs shall
not be permitted;
(f)
(g)
site dimension plans, utility plans, and landscape plans shall be reviewed and
approved by City; and
the development shall meet City Building Code requirements.
Failure to comply with (a) through (g) above shall give City the option to terminate all obligations
of City under this Contract.
7.02 Purchaser agrees that if the Property is not conveyed to him, in accordance with the
terms of the contract with Capital City, this Contract shall be null and void.
Article VIII. Inspection and Construction Issues
8.01 Except as provided for in Article VII above, as the property owned by Purchaser is
all currently outside the city limits, no building permits or inspections will be required or made by
City; however, City will inspect only the connection where the water and wastewater services are
connected to the City system. No other City requirements or fees for development, including, but
not limited to, building permits, inspection fees, detention facilities or payments, or any other such
obligations shall be required until said annexation occurs.
Article IX. Miscellaneous Provisions
9.01. Purchaser agrees that it is prohibited from selling or giving water and/or wastewater
service purchased herein to anyone else.
9.02. 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 service and the property remains the same or similar.
-4-
9.03. 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 terms of this Contract shall be brought in
Williamson County.
9.04. 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.
9.05. 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.
9.06. 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.
9.07. The violation by Purchaser of any of City's ordinances related to the use or disposition
of water and wastewater shall render this Contract voidable at the option of City.
AEnct
CUTED, in duplicate, at Round Rock, Williamson County, Texas, on the a p( day
of a,^-, , 2003.
ATTEST:
Christine R. Martinez, City Secretary
-5-
CITY OF ROUND ROCK
By:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
nd-
This instrument was acknowledged before me on thea -day of
NYLE MAXWELL, Mayor of the CITY OF ROUND ROCK, on behalf of said city.
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2003, by
Notary Public - State of Texas
This instrument was acknowledged before me on the day of
CLAYTON B. STONE.
AFTER RECORDING RETURN TO:
Stephan L. Sheets
Sheets & Crossfield, P.C.
309 East Main Street.
Round Rock, TX 78664
-6-
2003, by
Notary Public - State of Texas
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All or part of the text on this page was not
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NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
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