R-2018-5235 - 3/8/2018 RESOLUTION NO. R-2018-5235
WHEREAS, Round Rock Independent School District ("RRISD") is the owner of the
Robertson Elementary School, Cedar Ridge High School, and the Round Rock High School
("Properties"); and
WHEREAS, RRISD currently is billed for wastewater services utilizing the winter average
method in accordance with Chapter 44, Round Rock Code of Ordinances, and
WHEREAS, as the Properties, RRISD utilizes a cooling tower air-conditioning system that
results in a significant amount of water being lost to evaporation that does not get discharged into the
City's wastewater system; and
WHEREAS, RRISD desires to enter into an Agreement with the City for the purpose of more
accurately calculating RRISD monthly wastewater usage to take into account the aforesaid evaporation
loss; and
WHEREAS, the City Council wishes to enter into an Alternative Wastewater Service Billing
Agreement with RRISD to provide an alternative method of calculating the amount of water that
RRISD discharges into the City's wastewater system,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 said
Agreement with RRISD, 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
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.
0112.18041 00396352
RESOLVED this 8th day of March, 2018.
4 m /I
CRAIG M RGA Mayor
City of Round Ro , Texas
ATTEST:
52uj"' dtEE
SARA L. WHITE, City Clerk
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EXHIBIT
„A»
ALTERNATIVE WASTEWATER SERVICE
BILLING AGREEMENT
THIS ALTERNATIVE WASTEWATER SERVICE BILLING AGREEMENT
(hereinafter the`'Agreement"), is hereby entered into on the day of . 2018
by and between the Round Rock Independent School District, ("RRISD"), and the City of
Round Rock, Texas (hereinafter"City"), a home-rule municipality. In this Agreement, the City
and RRISD are sometimes referred to individually as "a Party"and collectively as"the Parties."
WHEREAS, RRISD is the owner of the Robertson Elementary School ("RES"), Cedar
Ridge High School ("CRHS"), and the Round Rock High School ("RRHS") (hereinafter
collectively referred to as the"Properties"); and
WHEREAS,RRISD currently is billed for wastewater services utilizing the winter average
method in accordance with Chapter 44, Round Rock Code of Ordinances,2010 Edition;and
WHEREAS,at the Properties,RRISD utilizes a cooling tower air-conditioning system that
results in a significant amount of water being lost to evaporation that does not get discharged into
the City's wastewater system; and
WHEREAS, RRISD desires to enter into this Agreement with the City for the purpose of
more accurately calculating RRISD monthly wastewater usage to take into account the aforesaid
evaporation loss;and
WHEREAS, the City is agreeable to enter into this Agreement with RRISD to provide an
alternative method of calculating the amount of water that RRISD discharges into the City's
wastewater system;
NOW,THEREFORE, for and in consideration of the mutual promises and covenants contained in
this Agreement,the Parties agree as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement certain terms are defined as follows:
Blow-Down Heter or BDIV shall mean a meter that measures the amount of water
discharged from RRISD's cooling tower system to the City's wastewater collection and treatment
system.
Cedar Ridge High School or CRHS shall mean the high school located at 2801 Gattis
School Road, Round Rock,Texas 78664 and owned and operated by the RRISD.
Cooling Tower Water Usage shall mean the amount of water measured by the MUM less
the amount of water measured by the BDM.
00394153.DOCX
Make-up Meter or MUV shall mean a meter that measures the amount of water that flows
into the RRISD's cooling tower system.
Robertson Elementary School or RES shall mean the elementary school located at 1415
13ayland,Round Rock,TX 78664 and owned and operated by the RRISD.
.Round Rock High School or RRHS shall mean the high school located at 201 Deep Wood,
Round Rock,Texas 78681 and owned and operated by the RRISD.
Standard Water ilfeter or SWAI shall mean a meter that measures the amount of water
received by the RRISD from the City's water system.
ARTICLE II
PURPOSE:OF THIS AGREEMENT
Pursuant to Chapter 44, Section 44-34(c)Round Rock Code of Ordinances, 2010 Edition,
wastewater usage is generally determined by averaging the monthly water usage for the months of
December, January, and February of each fiscal year. Under this existing methodology, monthly
water usage is determined and billed based on the amount of water measured by the Standard
Water Meter("SWM").
At the Properties,RRISD utilizes a water cooling tower for its air-conditioning system that
utilizes a significant amount of water that is lost through evaporation and is therefore not
discharged into the City's wastewater system. The purpose of this Agreement is to provide an
agreed alternative method of calculating wastewater usage by RRISD that takes into account the
water that is lost through evaporation.
The arnount of water lost through evaporation shall be calculated by determining the total
water usage measured by the MUM less the amount of water measured by the BDM. The
calculated amount of water lost to evaporation is referred to herein as the"Cooling Tower Water
Usage."
ARTICLE III
ALTERNATE METHOD OF CALCULATING WASTEWATER USAGE
Beginning with the first appropriate billing period, the City will begin reading the three
meters at the I:ES,the three meters at CRJJS,and the seven meters at the RRHS.The three meters
at RES will be read on the same day, the three meters at CRHS will be read on the same day,and
the seven meters at the RRHS will be read on the same day. The RETS meters, the CR..HS meters,
and the RRHS meters will not necessarily be read on the same day.
The amount of water measured by the 13DM(s) shall be subtracted from the amount of
water measured by the NIUM(s)to detennine the Cooling Tower Usage.The Cooling Tower Usage
shall then be subtracted from the amount of water measured by the SWM(s),to arrive at the amount
of water discharged into the wastewater system.
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RRISD will be billed for the amount of water discharged into the wastewater system, as
calculated above.
ARTICLE IV
METER CALIBRATION
RRISD shall cause the MUMs and the BDMs to be calibrated annually between October 1
and December I of each year.The annual calibration shall be by an independent,outside contractor
who has been approved in writing and in advance by the City.
ARTICLE V
EFFECTIVE.DATE AND TERM
The tern of this Agreement shall be until December 31, 2018, provided however, it shall
renew automatically for successive twelve (12) month periods unless one of the Parties gives
notice to the other Party on or before December 1 that it does not wish to renew the Agreement.
ARTICLE VI
TERMINATION
If RRISD defaults in the undertaking of any of its obligations under this Agreement or
breaches any of its provisions,the City shall have the right to terminate this Agreement by giving
RRISD thirty(30)days written notification of its decision to terminate.
City has the right to terminate this Agreement, in whole or in part, for convenience and
without cause,at any time upon ninety(90)days' written notice to RRISD.
ARTICLE VII
REVERSION TO WINTER AVERAGE
In the event that either Party elects to not renew this Agreement or the City elects to
terminate this Agreement as provided in Article VI above, the Parties shall discontinue all
obligations in connection with the performance of this Agreement,and the wastewater usage shall
be determined in accordance with the winter average method set forth in the Round Rock Code of
Ordinances, 2010 Edition,as amended.
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ARTICLE Vill
NOTICE
Notice to RRISD:
Steve Flores
Superintendent
Round Rock Independent School District
201 Deep Wood Dr.
Round Rock,Texas 78681
Laurie Hadley
City Manager
221 East Main Street
Round Rock, TX 78664
with copy to:
Stephan L. Sheets
City Attorney
309 E. Main St.
Round Rock, TX 78664
IN WITNESS WHEREOF,the City and RRISD have executed this Agreement on the dates
indicated below.
CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan, Mayor
Dated this day of ---,2018
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ROUND ROCK INDEPENDENT SCHOOL DISTRICT
By: ,u�« t vet"
itsrR�
Dated this ' day ofd 2015