R-12-05-24-G4 - 5/24/2012 RESOLUTION NO. R-12-05-24-G4
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the
City of Cedar Park for the interim sale of water from Round Rock to Cedar Park, 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 an Interlocal
Agreement with the City of Cedar Park for Interim Water Supply (2012), a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
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subject of the meeting at which this Resolution was adopted was posted and that such meeting was
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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 24th day of May, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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ATTEST:
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SARA L. WHITE, City Clerk
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0:\wdox\SCCInts\0l 12\1204\MUNICIPAL\00250173.DOC/rmc
INTERLOCAL AGREEMENT
FOR
INTERIM WATER SUPPLY
(2012)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT FOR INTERIM WATER SUPPLY (2012) is made and
entered into by and between the City of Cedar Park, a Texas home rule municipal corporation
("Cedar Park") acting by and through its duly authorized Mayor, and the City of Round Rock, a
Texas home rule municipal corporation ("Round Rock") acting by and through its duly
authorized Mayor.
RECITALS:
1. Cedar Park, Round Rock, and Leander("Leander") each own and operate extensive water
and wastewater utility systems providing utility service to customers in Williamson and Travis
Counties.
2. Cedar Park and Round Rock recognize that substantial benefits may be derived from joint
cooperation with each other and with Leander in the planning, financing, construction and
provisions of utilities in the region served by the parties.
3. Cedar Park, Round Rock, and Leander have joined together to create the Brushy Creek
Regional Utility Authority to design, construct and operate a regional water treatment and y
distribution facility to treat and transport water from Lake Travis to their respective customers.
4. Subject to certain operational limitations, Round Rock has determined that it will, for a
period of years, have varying amounts of excess water capacity available in the Northwest
portion of its system.
6. Cedar Park and Round Rock have studied the feasibility of permitting Cedar Park to
utilize the excess capacity available in the Round Rock water system on an interim basis.
E.
7. Cedar Park and Round Rock desire to set forth in writing the terms and conditions for the
interim sale of water from Round Rock to Cedar Park.
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NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
3
EXHIBIT
250082
„A„
ARTICLE ONE
DEFINITIONS
1.01 Unless the context clearly requires otherwise, the following terms shall have the meaning
set forth below:
(a) Agreement: this "Interlocal Agreement for Interim Water Supply(2012)."
(b) As Available Service: the increment of interim wholesale water service in excess
of Firm Service as defined below to be provided to Cedar Park by Round Rock under this
Agreement only if Round Rock determines that such additional increment of potable water
service is available from the Round Rock system after meeting the potable water service
requirements of its customers as hereinafter more particularly set forth.
(c) Emergency: an Act of God or similar unforeseen and unpreventable catastrophic
circumstance or disaster that significantly affects Cedar Park's ability to provide potable water to
its customers. The term shall not include drought conditions, service interruptions for scheduled
maintenance, lapse of raw water supply contracts or other legal impediments, over-commitment
of supply, or replacement or construction of facilities or similar events that are preventable by
the exercise of due diligence, foresight and planning.
4
(d) Emergency Service: potable water service to be provided to Cedar Park for a
temporary period only in the event of and for the duration of an emergency pursuant to the terms
and conditions more particularly set forth below.
(e) Firm Service: the maximum assured level of potable water service, expressed in
gallons per day, that Round Rock determines it is capable of providing to Cedar Park on a
consistent basis from the Northwest portion of its Water System, throughout the term of this
Agreement.
3,
(f) MGD: million gallons per day.
(g)
Point of Delivery: a point at the northwest corner of the intersection of RM 1431
and Sam Bass Road where Cedar Park's water facilities are connected to Round Rock's water
facilities and from which Cedar Park may withdraw water from the Round Rock water system.
(h) Water: potable water meeting those requirements for human consumption and
other domestic uses promulgated by the Texas Department of Health, and/or the Texas
Commission on Environmental Quality.
ARTICLE TWO
TERMS AND CONDITIONS
FOR INTERIM WATER SERVICE
2.01 Agreement to Provide Interim Water Service. Subject to the terms and conditions of this
Agreement and the requirements of applicable law, Round Rock agrees to provide wholesale
Iwo
water service to Cedar Park at the Point of Delivery on an interim basis ("Interim Water
Service") for the term of this Agreement. The respective maximum levels of Firm Service, As
Available Service and Emergency Service to be provided by Round Rock to Cedar Park under
this Agreement shall be determined in accordance with the procedures set forth below.
2.02 Improvements to Cedar Park System. Cedar Park shall be solely responsible for design
and construction of any and all improvements to the Cedar Park water system that are necessary
for the safe transportation, storage and distribution of potable water received from the Round
Rock water system hereunder. Round Rock shall not be liable for damages to the Cedar Park
water system or to the water facilities of Cedar Park customers arising from the distribution of
potable water received by Cedar Park hereunder.
2.03. Establishment of Maximum Level of Firm Service. Round Rock and Cedar Park agree
that, for the term of this Agreement, Round Rock will provide to Cedar Park at the Point of
Delivery, Firm Service up to a peak daily flow of three (3.0) MGD on a firm or assured basis
("Firm Service"). During said period, Interim Water Service in excess of a peak daily flow of
three (3) MGD will be provided only on an as available basis ("As Available Service").
2.04. Effect of Mandatory Water Conservation Measures. Notwithstanding the level of Firm
Service determined under the preceding Section, the parties agree that, if Round Rock institutes
mandatory water conservation measures for its own customers, Round Rock's commitment for
Firm Service to Cedar Park shall be reduced automatically to 1.80 MGD for the duration of
Round Rock's mandatory conservation measures. If Round Rock institutes water conservation
measures that generally prohibit outside watering of landscaping by its own customers, Round
Rock's commitment for Firm Service to Cedar Park shall be reduced automatically to 0.0 MGD
for the duration of Round Rock's prohibition of outside watering.
2.05. As Available Service. To the extent potable water service is available from the Round
Rock system in excess of the amount of Firm Service determined hereunder, Cedar Park may r
request and, to the extent Round Rock determines such additional water service is available from 5'
the Northwest portion of the Round Rock system, Round Rock has agreed to provide As
Available Service to Cedar Park at the Point of Delivery, subject to the conditions set forth in
this Section.
All Interim Water Service which exceeds the approved level of Firm Service determined
in accordance with the foregoing procedures shall be considered As Available Service. Round
Rock may terminate or reduce such As Available Service at any time during the term of this S"
Agreement by providing Cedar Park with forty-eight (48) hours written notice of such
termination or reduction. Such notice shall be forwarded by hand delivery or email to Cedar
Park's notice address stipulated below and such notice shall contain the following:
(a) a statement indicating the termination or reduction of As Available Service;
(b) in the case of a reduction of As Available Service, the estimated amount of the
reduction in As Available Service;
(c) the estimated duration of such termination or reduction of As Available Service.
2.06. Rates For Water Service. Round Rock and Cedar Park agree that the rate for all water
provided to Cedar Park shall be $3.53 per thousand gallons of water delivered to Cedar Park.
2.07 Provision of Service During an Emergency. In the event of an emergency as defined
hereinabove, and to the degree Round Rock is not already providing to Cedar Park the maximum
flow capable of being transported, Cedar Park may request that Round Rock provide emergency
water service at the Point of Delivery for a temporary period to assist Cedar Park in meeting the
needs of such emergency and the provision of emergency water service shall be subject to the
following conditions:
(a) the availability of water in the Northwest portion of the Round Rock water system
in excess of that required to service the requirements of Round Rock's water system customers;
(b) a determination by the Director that a bona fide emergency as defined above
exists and that delivery of emergency water service to Cedar Park will not endanger the public
health, safety or welfare of Round Rock citizens;
(c) emergency water service will be provided only for the shortest of the following
periods:
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(1) the reasonable duration of the emergency giving rise to the request for
emergency water service;
(2) the reasonable duration needed to repair damage to the Cedar Park water
system occasioned by such emergency;
(3) the duration of Round Rock's ability to provide emergency water service
to Cedar Park as determined by the Director; or
(4) two (2) weeks.
In the event that the emergency exceeds the shortest of the foregoing periods, Cedar Park may
make written request to the Director to continue emergency water service beyond said initial
period. The Director may continue or resume such emergency water service for an additional
period up to two (2) weeks, or such shorter period as the Director shall determine appropriate
and necessary, but only if the Director determines that the emergency giving rise to the initial
request for emergency service has not been abated, that Cedar Park has exercised reasonable
diligence in attempting to remove the disability giving rise to the initial request for emergency
water service, and that water in excess of the needs of Round Rock's customers continues to be
available in the Northwest portion of the Round Rock water system to provide emergency water
service to Cedar Park.
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ARTICLE THREE
GENERAL PROVISIONS
3.01. Term of Agreement. This Agreement shall be for an initial term of one (1) year from the
Effective Date. Upon the mutual consent of both parties, the Agreement may be extended.
3.02. Authority. This Agreement is made pursuant to the authority conferred by V.T.C.A.
Government Code, Chapter 791, and V.T.C.A. Local Government Code Secs. 402.001 and
402.017.
3.03. Payments From Current Revenues. All payments, if any, required to be made by a
governmental entity hereunder shall be payable from current revenues or other funds lawfully
available for such purpose.
3.04. Force Ma'eure. If, by reason of Force Majeure (as hereinafter defined), any party shall be
rendered wholly or partially unable to carry out its obligations under this Agreement after its
effective date, then such party shall give written notice of the particulars of such Force Majeure
to the other party or parties within a reasonable time after the occurrence thereof.
The obligations of the party giving such notice, to the extent affected by such Force Majeure,
shall be suspended during the continuance of the inability claimed and for no longer period, and
any such party shall in good faith exercise its best efforts to remove and overcome such inability.
Payment obligations shall not be considered to be affected by Force Majeure.
i
The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes,
lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the
government of the United States, the State of Texas, or any other civil or military authority;
insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms;
floods; washouts; or other natural disasters; arrests; restraint of government and people; civil
disturbances; explosions; breakage or accidents to machinery,pipelines or canals; or other causes
not reasonably within the control of the party claiming such inability.
3.05 Entire Agreement. This Agreement contains the entire Agreement of the parties and
supersedes all prior or contemporaneous, understandings and representations, whether oral or
written, respecting the subject matter hereof.
3.06. Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each party hereto.
3.07. No Amendment of Other Agreements. Unless otherwise expressly stipulated herein, this
Agreement is separate from and shall not constitute an amendment or modification of any other
agreement between the parties.
3.08 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the
parties hereto and third parties not privy to this Agreement shall not, in any form or manner, be
considered a third party beneficiary of this Agreement.
3.09. Assignment. The rights and obligations of a party arising under this Agreement shall not
be assignable.
3.10. Applicable Law. This Agreement shall be construed under and in accordance with Texas
law.
3.11. Venue. Venue for any action arising hereunder shall be in Williamson County, Texas.
3.12. Notices. Notices provided hereunder shall be sufficient if forwarded to the other party by
hand-delivery or via U.S. Postal Service, postage prepaid, to the address of the other party shown
below:
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CEDAR PARK: 600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Sam Roberts
Telephone: (512) 258-4121 x6321
Facsimile: (512) 258-6083 }
Email: robertsgci.cedar-park.tx.us
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with copy to:
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Charles Rowland _
City Attorney
600 North Bell Blvd. r
Cedar Park, Texas 78613
Telephone: (512) 536-0303
Email: charles.rowland�cedarparktexas g_o_v
ROUND ROCK: 221 East Main
Round Rock, Texas 78664
Attn: City Manager
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email:jnusena.round-rock.tx.us
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: steve ,scrrlaw.com
3.13. Multiple Originals. This Agreement may be executed in multiple originals each of equal
dignity.
3.14. Effective Date. This Agreement shall be effective from and after June 1, 2012.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and Cedar Park have
executed this Agreement as of the date(s) shown below.
CITY OF ROUND ROCK:
ATTEST:
By:
City Clerk Alan McGraw, Mayor
Date:
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CITY OF CEDAR PARK: s
ATTEST:
By:
City Secretary Printed Name:
Title:
Date:
s
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ROUND ROCK, Ci Council Agenda Summar Sheet
PURPOSE.PASSION.PROSPER".
Agenda Item No. G4.
Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the
Agenda Caption: City of Cedar Park for Interim Water Supply.
Meeting Date: May 24, 2012
Department: Utilities and Environmental Services
Staff Person making presentation: Michael Thane, P.E.
Utilities Director
Item Summary:
The Cities of Round Rock,Cedar Park, and Leander have joined together to create the Brushy Creek Regional Utility
Authority(BCRUA)to operate a regional water treatment and distribution facility to treat and transport.water from
Lake Travis. Because the regional treatment plant construction is not yet complete and because the City of Cedar s
Park may need additional water in the interim, Round Rock has studied the feasibility of permitting Cedar Park to
utilize the excess capacity available in the Round Rock water system until the BCRUA water system construction is
complete. This Interlocal Agreement allows the City of Round Rock to provide to the City of Cedar Park up to three
million gallons a day, on an as available basis only. In addition, if the City of Round Rock has water restrictions in
place, the amount of water provided to Cedar Park will be reduced or stopped.
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Cost: N/A
Source of Funds: N/A i
Date of Public Hearing(if required): N/A
Recommended Action: Approval
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V
INTERLOCAL AGREEMENT
FOR
INTERIM WATER SUPPLY
(2012)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
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THIS INTERLOCAL AGREEMENT FOR INTERIM WATER SUPPLY (2012) is made and
entered into by and between the City of Cedar Park, a Texas home rule municipal corporation
("Cedar Park") acting by and through its duly authorized Mayor, and the City of Round Rock, a
Texas home rule municipal corporation ("Round Rock") acting by and through its duly
authorized Mayor.
RECITALS:
i
1. Cedar Park,Round Rock, and Leander("Leander") each own and operate extensive water
and wastewater utility systems providing utility service to customers in Williamson and Travis
Counties.
2. Cedar Park and Round Rock recognize that substantial benefits may be derived from joint
cooperation with each other and with Leander in the planning, financing, construction and
provisions of utilities in the region served by the parties.
3. Cedar Park, Round Rock, and Leander have joined together to create the Brushy Creek
Regional Utility Authority to design, construct and operate a regional water treatment and
distribution facility to treat and transport water from Lake Travis to their respective customers.
4. Subject to certain operational limitations, Round Rock has determined that it will, for a
period of years, have varying amounts of excess water capacity available in the Northwest
portion of its system.
6. Cedar Park and Round Rock have studied the feasibility of permitting Cedar Park to
utilize the excess capacity available in the Round Rock water system on an interim basis.
7. Cedar Park and Round Rock desire to set forth in writing the terms and conditions for the
interim sale of water from Round Rock to Cedar Park.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
250082
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ARTICLE ONE
DEFINITIONS
1.01 Unless the context clearly requires otherwise, the following terms shall have the meaning
set forth below:
(a) Agreement: this "Interlocal Agreement for Interim Water Supply (2012)."
(b) As Available Service: the increment of interim wholesale water service in excess
of Firm Service as defined below to be provided to Cedar Park by Round Rock under this
Agreement only if Round Rock determines that such additional increment of potable water
service is available from the Round Rock system after meeting the potable water service r
requirements of its customers as hereinafter more particularly set forth.
:
(c) Emer eg ncy: an Act of God or similar unforeseen and unpreventable catastrophic
circumstance or disaster that significantly affects Cedar Park's ability to provide potable water to
its customers. The term shall not include drought conditions, service interruptions for scheduled
maintenance, lapse of raw water supply contracts or other legal impediments, over-commitment E
of supply, or replacement or construction of facilities or similar events that are preventable by
the exercise of due diligence, foresight and planning.
(d) Emergency Service: potable water service to be provided to Cedar Park for a
temporary period only in the event of and for the duration of an emergency pursuant to the terms
and conditions more particularly set forth below.
(e) Firm Service: the maximum assured level of potable water service, expressed in
gallons per day, that Round Rock determines it is capable of providing to Cedar Park on a
consistent basis from the Northwest portion of its Water System, throughout the term of this
Agreement.
(f) MGD: million gallons per day.
(g) Point of Delivery: a point at the northwest corner of the intersection of RM 1431
and Sam Bass Road where Cedar Park's water facilities are connected to Round Rock's water
facilities and from which Cedar Park may withdraw water from the Round Rock water system.
(h) Water: potable water meeting those requirements for human consumption and
other domestic uses promulgated by the Texas Department of Health, and/or the Texas
Commission on Environmental Quality.
ARTICLE TWO
TERMS AND CONDITIONS
FOR INTERIM WATER SERVICE
2.01 Agreement to Provide Interim Water Service. Subject to the terms and conditions of this
Agreement and the requirements of applicable law, Round Rock agrees to provide wholesale
water service to Cedar Park at the Point of Delivery on an interim basis ("Interim Water
Service") for the term of this Agreement. The respective maximum levels of Firm Service, As
Available Service and Emergency Service to be provided by Round Rock to Cedar Park under
this Agreement shall be determined in accordance with the procedures set forth below.
2.02 Improvements to Cedar Park System. Cedar Park shall be solely responsible for design
and construction of any and all improvements to the Cedar Park water system that are necessary
for the safe transportation, storage and distribution of potable water received from the Round
Rock water system hereunder. Round Rock shall not be liable for damages to the Cedar Park
water system or to the water facilities of Cedar Park customers arising from the distribution of
potable water received by Cedar Park hereunder.
2.03. Establishment of Maximum Level of Firm Service. Round Rock and Cedar Park agree
that, for the term of this Agreement, Round Rock will provide to Cedar Park at the Point of
Delivery, Firm Service up to a peak daily flow of three (3.0) MGD on a firm or assured basis E
("Firm Service"). During said period, Interim Water Service in excess of a peak daily flow of 4
three (3)MGD will be provided only on an as available basis ("As Available Service").
1
2.04. Effect of Mandatory Water Conservation Measures. Notwithstanding the level of Firm
Service determined under the preceding Section, the parties agree that, if Round Rock institutes
mandatory water conservation measures for its own customers, Round Rock's commitment for
Firm Service to Cedar Park shall be reduced automatically to 1.80 MGD for the duration of
Round Rock's mandatory conservation measures. If Round Rock institutes water conservation
measures that generally prohibit outside watering of landscaping by its own customers, Round
Rock's commitment for Firm Service to Cedar Park shall be reduced automatically to 0.0 MGD
for the duration of Round Rock's prohibition of outside watering.
2.05. As Available Service. To the extent potable water service is available from the Round
Rock system in excess of the amount of Firm Service determined hereunder, Cedar Park may
request and, to the extent Round Rock determines such additional water service is available from
the Northwest portion of the Round Rock system, Round Rock has agreed to provide As
Available Service to Cedar Park at the Point of Delivery, subject to the conditions set forth in
this Section.
All Interim Water Service which exceeds the approved level of Firm Service determined
in accordance with the foregoing procedures shall be considered As Available Service. Round
Rock may terminate or reduce such As Available Service at any time during the term of this
Agreement by providing Cedar Park with forty-eight (48) hours written notice of such
termination or reduction. Such notice shall be forwarded by hand delivery or email to Cedar
Park's notice address stipulated below and such notice shall contain the following:
(a) a statement indicating the termination or reduction of As Available Service;
(b) in the case of a reduction of As Available Service, the estimated amount of the
reduction in As Available Service;
e
(c) the estimated duration of such termination or reduction of As Available Service.
2.06. Rates For Water Service. Round Rock and Cedar Park agree that the rate for all water
provided to Cedar Park shall be $3.53 per thousand gallons of water delivered to Cedar Park.
2.07 Provision of Service During an Emergency. In the event of an emergency as defined
hereinabove, and to the degree Round Rock is not already providing to Cedar Park the maximum
flow capable of being transported, Cedar Park may request that Round Rock provide emergency
water service at the Point of Delivery for a temporary period to assist Cedar Park in meeting the s
needs of such emergency and the provision of emergency water service shall be subject to the
following conditions:
(a) the availability of water in the Northwest portion of the Round Rock water system
in excess of that required to service the requirements of Round Rock's water system customers;
(b) a determination by the Director that a bona fide emergency as defined above
exists and that delivery of emergency water service to Cedar Park will not endanger the public
health, safety or welfare of Round Rock citizens;
(c) emergency water service will be provided only for the shortest of the following
periods:
(1) the reasonable duration of the emergency giving rise to the request for
emergency water service;
(2) the reasonable duration needed to repair damage to the Cedar Park water
system occasioned by such emergency;
(3) the duration of Round Rock's ability to provide emergency water service
to Cedar Park as determined by the Director; or
(4) two (2) weeks.
In the event that the emergency exceeds the shortest of the foregoing periods, Cedar Park may
make written request to the Director to continue emergency water service beyond said initial
period. The Director may continue or resume such emergency water service for an additional
period up to two (2) weeks, or such shorter period as the Director shall determine appropriate
and necessary, but only if the Director determines that the emergency giving rise to the initial
request for emergency service has not been abated, that Cedar Park has exercised reasonable
diligence in attempting to remove the disability giving rise to the initial request for emergency
water service, and that water in excess of the needs of Round Rock's customers continues to be
available in the Northwest portion of the Round Rock water system to provide emergency water
service to Cedar Park.
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ARTICLE THREE
GENERAL PROVISIONS
3.01. Term of Agreement. This Agreement shall be for an initial term of one (1) year from the
Effective Date. Upon the mutual consent of both parties,the Agreement may be extended. a
3.02. Authority. This Agreement is made pursuant to the authority conferred by V.T.C.A.
Government Code, Chapter 791, and V.T.C.A. Local Government Code Secs. 402.001 and
402.017. y
3.03. Payments From Current Revenues. All payments, if any, required to be made by a x
governmental entity hereunder shall be payable from current revenues or other funds lawfully
available for such purpose.
t
3.04. Force Majeure. If, by reason of Force Majeure (as hereinafter defined), any party shall be
rendered wholly or partially unable to carry out its obligations under this Agreement after its t
effective date, then such party shall give written notice of the particulars of such Force Majeure
to the other party or parties within a reasonable time after the occurrence thereof.
E
The obligations of the party giving such notice, to the extent affected by such Force Majeure,
shall be suspended during the continuance of the inability claimed and for no longer period, and
any such party shall in good faith exercise its best efforts to remove and overcome such inability.
Payment obligations shall not be considered to be affected by Force Majeure.
The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes,
lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the
government of the United States, the State of Texas, or any other civil or military authority;
insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms;
floods; washouts; or other natural disasters; arrests; restraint of government and people; civil
disturbances; explosions; breakage or accidents to machinery, pipelines or canals; or other causes
not reasonably within the control of the party claiming such inability.
3.05 Entire Agreement. This Agreement contains the entire Agreement of the parties and
supersedes all prior or contemporaneous, understandings and representations, whether oral or
written, respecting the subject matter hereof.
3.06. Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each party hereto.
3.07. No Amendment of Other Agreements. Unless otherwise expressly stipulated herein, this
Agreement is separate from and shall not constitute an amendment or modification of any other
agreement between the parties.
r
3.08 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the
parties hereto and third parties not privy to this Agreement shall not, in any form or manner, be
considered a third party beneficiary of this Agreement.
3.09. Assignment. The rights and obligations of a party arising under this Agreement shall not
be assignable.
3.10. Applicable Law. This Agreement shall be construed under and in accordance with Texas
law.
3.11. Venue. Venue for any action arising hereunder shall be in Williamson County, Texas.
3.12. Notices. Notices provided hereunder shall be sufficient if forwarded to the other party by
hand-delivery or via U.S. Postal Service, postage prepaid, to the address of the other party shown
below:
CEDAR PARK: 600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Sam Roberts
Telephone: (512) 258-4121 x6321
Facsimile: (512) 258-6083
Email: robertskci.cedar-park.tx.us
I
with copy to:
Charles Rowland
City Attorney
600 North Bell Blvd.
Cedar Park, Texas 78613
Telephone: (512) 536-0303
Email: charles.rowland(2cedgMarktexas.gov
ROUND ROCK: 221 East Main
Round Rock, Texas 78664
Attn: City Manager
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email:jnuse(lcround-rock.tx.us
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: stevea.scrrlaw.com
Y
3.13. Multiple Ori ig n&. This Agreement may be executed in multiple originals each of equal
dignity.
3.14. Effective Date. This Agreement shall be effective from and after June 1, 2012.
P:
IN WITNESS WHEREOF, the authorized representatives of Round Rock and Cedar Park have
executed this Agreement as of the date(s) shown below.
4
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CITY OF ROUND ROCK:
ATTEST:
y By: !
City Clerk Alan McGraw, Mayor
Date:
f CITY OF CEDAR PARK:
ATTEST:
By:
City Secretary Printed Name:
Title:
Date:
3.14. Effective Date. This Agreement shall be effective from and after June 1, 2012.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and Cedar Park have
executed this Agreement as of the date(s) shown below.
Y
CITY OF ROUND ROCK:
ATTEST:
By:
City Clerk Alan McGraw, Mayor
Date:
CITY OF CEDAR PARK:
ATTEST:
r
LeAnn M. Quinn, TRMC Matt Powell, Mayor
City Secretary
Date: May 24, 2012
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