R-12-09-27-G18 - 9/27/2012 RESOLUTION NO. R-12-09-27-G18
WHEREAS,Round Rock Baseball Club, L.P. desires to purchase reuse water for irrigation and/or
other non-domestic uses on an as-needed basis, and
WHEREAS, the City Council desires to enter into a Reuse Water Service Contract with Round
Rock Baseball Club, L.P.,Now Therefore
f
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
I
I
That the Mayor is hereby authorized and directed to execute on behalf of the City a Reuse
Water Service Contract with Round Rock Baseball Club, L.P., a copy of said Contract 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.
RESOLVED this 27th day of September, 2012.
ALAN MCGRAW, Mayor
i
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0:\wdox\SCC1nts\01 12\1204\MUNICIPAL\00258488.DOCX/rmc
EXHIBIT
"A"
REUSE WATER SERVICE CONTRACT
s
i
STATE OF TEXAS §
§ i
COUNTY OF WILLIAMSON § t
This Reuse Water Service Contract ("Contract") is made and entered into by and between
the CITY OF ROUND ROCK, ahome-rule city, herein after referred to aosr"City",
in considOeratilon
ROCK BASEBALL CLUB, L.P.,hereinafter referred to as Purchaser". F E
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 Reuse Water Service
1.01. City agrees to sell Purchaser reuse water service required by Purchaser for
irrigation and/or other non-domestic uses on an as-needed basis, for the property described more
fully in as Exhibit "A" attached hereto and made a part of this Contract(the "Property").
1.02. City's obligation to provide reuse water service under this Contract is subject to
the capacity of City's facilities to provide reuse water service to Purchaser.
1.03. It was necessary to construct and extend a reuse water service line to the Property
at a
cost of$54,000. The City has paid the cost of said line and Purchaser agrees to reimburse the
City one-half of the cost($27,000)within 30 days of the execution of this Contract.
Article II. Rates
Purchaser agrees to pay City for all reuse water delivered to Purchaser plus the s
2.01. gr
base charge as provided below: j
i
The monthly base charge shall be $289.51; and
The volume charge shall be $ 1.76 be 1,000 gallons used.
The fe current potable
oregoing base and volume charges are seventy-five percent (75%) opt baser understands
water rates adopted by the City for a 4" meter for the bottom tier of rates. P
and agrees that the rates provided for herein are subject to adjustment if the potable water rates
increase, or if the meter size changes.
2.02. City shall render a monthly bill to Purchaser for reuse water consumed. Payment
11. Failure by
shall be made no later than the tenth (10th) day following the mailing of the bi terminate all
Purchaser to make a payment when and as specified will give City the op
obligations of City under this Contract.
s
I
r
00258629
3
2.03. Purchaser shall be subject to all provisions of the Utility Billing Policy contained
in Sec. 44-31 of the Round Rock Code of Ordinances (2010 Edition), and as amended from time
to time.
i
Article III. Compliance with Ordinances
i
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 use of reuse water.
Article IV Purchaser's Obligations Responsibilities and Indemnification
;
4.01 Purchaser acknowledges that the reuse water provided by City is not potable and
is not suitable for any domestic use or purpose. THE REUSE WATER DELIVERED
PURSUANT TO THIS CONTRACT IS NOT SAFE FOR HUMAN CONSUMPTION. The
reuse water is intended to be used only for the irrigation of outdoor plants and landscaping.
Purchaser agrees to take all reasonable and necessary precautions to prevent the reuse water from
being used for any other purpose.
i
4.02 Purchaser shall save and hold harmless City and its officers and employees from
all claims and liabilities due to activities of itself and its officers, agents, or employees which are
caused by or which result from the error, omission, or negligent act of Purchaser or of any person
employed by Purchaser or under Purchaser's direction or control. Purchaser shall also save and
hold City harmless from any and all expenses, including but not limited to reasonable attorney's
fees which may be incurred by City in litigation or otherwise defending claims or liabilities E
which may be imposed on City as a result of such negligent activities by Purchaser, its officers,
agents, or employees.
Article V. Force Majeure
i
i
5.01. In the event either party is rendered unable, wholly or in part, by force majeure to j
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
2
t
remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by I
acceding to the demands of the opposing party if the settlement is unfavorable to it in the
r
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 VI. Term
6.01. The term of this Contract shall be until September 30, 2017, or when the City j
Council adopts an ordinance establishing reuse water rates for all customers on the system,
whichever first occurs.
I
Article VII. Miscellaneous Provisions
E
s
7.01. Purchaser agrees that it is prohibited from selling or giving reuse water purchased
herein to anyone else.
s
i
7.02. 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.
i
7.03. 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.
7.04. 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.
7.05. 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.
7.06. The violation by Purchaser of any of City's ordinances related to the use or
disposition of reuse water shall render this Contract voidable at the option of City.
r
EXECUTED, in duplicate, at Round Rock, Williamson County, Texas, on the day
of 12012.
i
3
f
0
f
f
3
t�
tSt
E
f�f
f
f
SELLER:
ATTEST: CITY OF ROUND ROCK
r
By: s
Sara White, City Clerk Alan McGraw,Mayor
E
PURCHASER:
ROUND ROCK BASEBALL CLUB, LP
By:
Georgting,�Executive Vice resident
and General Manager
S
t
1
E
}
f
i
t
t
{
t
4
s
j74
3
—4— �
6
i
E
r
l
s
{
t
ROUNDROCK,TEXAS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY.
i
'f
z
i
Agenda Item No. G18.
i
Consider a resolution authorizing the Mayor to execute a Reuse Water Service Contract
Agenda Caption: with Round Rock Baseball Club, L.P. `
}
Meeting Date: September 27, 2012
Department: Utilities and Environmental Services
Staff Person making presentation: Michael Thane
Utilities Director
r
x
R
Item Summary:
Phase I of the City's Reuse Water System is complete and the Round Rock Express Baseball Club, aka Dell Diamond,
will be the City's first reuse water customer on the new system. In order for reuse water services to be provided to
Dell Diamond, the City had to extend a reuse water line to the property, which cost $54,000. The City has paid for
the extension of the reuse water line; however, as stated in this contract,the Round Rock Express Baseball Club is to
reimburse the City half of this cost ($27,000).
1
s
i
In addition, this contract sets the monthly rate for all reuse water delivered to Dell Diamond. The monthly rate
includes the base charge of$289.51 and the volume rate of$1.76 per 1,000 gallons. This montly rate is 75% of the
City's current potable water rate for a 4" meter.
}
1
Cost: There is no cost to the City for this item.
Recommended Action: Approval
4
F3
4
1
1
r
Q
q
3
t
Y
i
S
8
$p{
t;
B
e
x
1
0 J
� z LLJ O
X � O
LLIJ CN
i
i
REUSE WATER SERVICE CONTRACT
STATE OF TEXAS §
§
i
COUNTY OF WILLIAMSON §
y
i
This Reuse Water Service Contract ("Contract") is made and entered into by and between
the CITY OF ROUND ROCK, a home-rule city, hereinafter referred to as "City", and ROUND
ROCK BASEBALL CLUB, L.P., 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:
E
Article 1. Provision of Reuse Water Service
i
1.01. City agrees to sell Purchaser reuse water service required by Purchaser for
irrigation and/or other non-domestic uses on an as-needed basis, for the property described more a
fully in as Exhibit "A" attached hereto and made a part of this Contract (the "Property").
1.02. City's obligation to provide reuse water service under this Contract is subject to
the capacity of City's facilities to provide reuse water service to Purchaser.
1.03. It was necessary to construct and extend a reuse water service line to the Property j
at a cost of$54,000. The City has paid the cost of said line and Purchaser agrees to reimburse the
City one-half of the cost ($27,000) within 30 days of the execution of this Contract.
Article II. Rates
2.01. Purchaser agrees to pay City for all reuse water delivered to Purchaser plus the
base charge as provided below:
e
0
The monthly base charge shall be $289.51; and
The volume charge shall be $ 1.76 be 1,000 gallons used.
3
The foregoing base and volume charges are seventy-five percent (75%) of the current potable
water rates adopted by the City for a 4" meter for the bottom tier of rates. Purchaser understands
and agrees that the rates provided for herein are subject to adjustment if the potable water rates
increase, or if the meter size changes.
2.02. City shall render a monthly bill to Purchaser for reuse 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.
a
1
00258629
-12-09,.-2q- �( ,
i
i
2.03. Purchaser shall be subject to all provisions of the Utility Billing Policy contained
in Sec. 44-31 of the Round Rock Code of Ordinances (2010 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 use of reuse water.
Article IV. Purchaser's Obligations, Responsibilities and Indemnification
4.01 Purchaser acknowledges that the reuse water provided by City is not potable and
is not suitable for any domestic use or purpose. THE REUSE WATER DELIVERED
PURSUANT TO THIS CONTRACT IS NOT SAFE FOR HUMAN CONSUMPTION. The
reuse water is intended to be used only for the irrigation of outdoor plants and landscaping.
Purchaser agrees to take all reasonable and necessary precautions to prevent the reuse water from
being used for any other purpose.
4.02 Purchaser shall save and hold harmless City and its officers and employees from
all claims and liabilities due to activities of itself and its officers, agents, or employees which are
caused by or which result from the error, omission, or negligent act of Purchaser or of any person
employed by Purchaser or under Purchaser's direction or control. Purchaser shall also save and
hold City harmless from any and all expenses, including but not limited to reasonable attorney's
fees which may be incurred by City in litigation or otherwise defending claims or liabilities
which may be imposed on City as a result of such negligent activities by Purchaser, its officers,
agents, or employees.
Article V. Force Majeure 4
t
5.01. 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
2
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 VI. Term
3
6.01. The term of this Contract shall be until September 30, 2017, or when the City
Council adopts an ordinance establishing reuse water rates for all customers on the system,
whichever first occurs.
i
i
Article VII. Miscellaneous Provisions
f
7.01. Purchaser agrees that it is prohibited from selling or giving reuse water purchased
t
herein to anyone else.
7.02. 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. i
7.03. 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.
7.04. 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.
r
7.05. 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.
7.06. The violation by Purchaser of any of City's ordinances related to the use or
disposition of reuse water shall render this Contract voidable at the option of City.
EXECUTED, in duplicate, at Round Rock, Williamson County, Texas, on the day
of , 2012.
3
t
E
i
SELLER:
ATTEST: CITY OF ROUND ROCK
t
By:
Sara White, City Clerk Alan McGraw, Mayor
}
PURCHASER: ?
E
ROUND ROCK BASEBALL CLUB, LP
By:
George King, Executive Vice- esident
and General Manager
Z
2
1
f
i
I
i
t
4
77
9
i
f
-4-
`r