R-00-03-23-13A3 - 3/23/2000RESOLUTION NO. R -00-03-23-13A3
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, R.G. "Gene" Johnson, 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 one single-family
residence, 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
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of Ordinances (1995 Edition) the City Council hereby approves the
furnishing of water service to the Property for one single-family
residence, subject to the owner's 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 Water Service Contract described
below, and
BE IT FURTHER RESOLVED,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Water Service Contract with R.G. "Gene"
Johnson, a copy of said contract being attached hereto 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, and the Act.
RESOLVED this the 23rd day of March, 2000.
ATTEST:
E LAND, City Secretary
2.
.,l
ROBERT A. STLUKA, JR., Mayor
City of Round Rock, Texas
DATE: March 18, 2000
SUBJECT: City Council Meeting — March 23, 2000
ITEM:
13.A.3. Consider a resolution authorizing the Mayor to execute an
agreement with Gene Johnson for out -of -city water service. Staff
Resource Person: Jim Nuse, Public Works Director.
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 R.G. Johnson, 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 uses on an as -needed basis.
1.02. 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 the City be obligated to
provide more than FRFsY Nuuca6o(35v ) gallons per day,
any consecutive thirty averaged1fver
(30) day period, or more than
gallons per day peak flow. 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.
Article II. Rates
2.01. Purchaser agrees to pay City for all water delivered
to Purchaser at the rate authorized by Section 10.201(5) (b), Code
of Ordinances (1995 Edition), 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.
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2.03. Purchaser shall be subject to all provisions of the
Utility Billing Policy contained in 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 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 Impact fee in the
amount of Two Thousand Twelve and No/100 Dollars ($2,012.00) and to
pay all other fees applicable to water service.
3.04. Purchaser agrees to connect his residence to a City
wastewater line when requested by the City, and to pay all
applicable impact and connection fees.
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
2.
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 service,
Purchaser, his heirs, successors and assigns, agree to execute and
file with the City a petition requesting the City to annex the
Property, when requested by the City.
Article VII. Miscellaneous Provision
7.01. Purchaser agrees that it is prohibited from selling or
giving water purchased herein to anyone other than a resident or
guest of his residence.
7.02. 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 remains the same or similar.
7.03. 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.
7.04. 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.
7.05. 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.
7.06. This contract constitutes the sole and only agreement
of the parties hereto and supersedes any prior understandings or
3.
written or oral agreements between the parties respecting the
within subject matter.
7.07. 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 ,,q3 day of ,7,t)70/C-%1/ , 2000.
ATTEST:
nne Land, City Secretary
CITY OF ROUND ROCK
ert A. Stluka,
4.
13113
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