R-12-09-27-G19 - 9/27/2012 RESOLUTION NO. R-12-09-27-G19
WHEREAS, Williamson County desires to purchase water and wastewater services for domestic
use on an as-needed basis,and
WHEREAS, the City Council desires to enter into a Water and Wastewater Service Contract
with Williamson County, 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 a Water and
Wastewater Service Contract with Williamson County, 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.
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Clerk
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EXHIBIT
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WATER AND WASTEWATER SERVICE CONTRACT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Water and Wastewater 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",
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and WILLIAMSON COUNTY, hereinafter referred to as "Purchaser". For and in consideration
of the premises and the mutual agreements, covenants, and conditions hereinafter set forth, the
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parties hereto contract and agree as follows: F
Article I. Provision of Water and Wastewater Service
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1.01. City agrees to sell Purchaser water and wastewater service required by Purchaser
for domestic uses on au 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 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 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 r
Contract, but in no event shall the City be obligated to provide more than 250,000 gallons per
day, averaged over any consecutive thirty (30) day period, and no more than fifty-two (52)
Living Unit Equivalents (LUE's) of wastewater service. However, notwithstanding anything
else in this Contract to the contrary, City shall make all reasonable efforts to provide the water
and wastewater set vices described herein in order to ensure that Purchaser is capable of receiving
up to 250,000 gallons per day, averaged over any consecutive thirty (30) day period, and up to
fifty-two (52)Living Unit Equivalents(LUE's)of wastewater service.
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, including the negotiations of any and all
easements or pass-though agreements with other entities. It is acknowledged by Purchaser that
water and wastewater services will pass through Vista Oaks M.U.D., and that it is Purchaser's
obligation to obtain approval of said pass through.
Article Il. Rates
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2.01. Purchaser agrees to pay City for all water delivered to Purchaser plus the base
charge at the same rate as for retail customers located within the city limits as provided by
Sec.44-29 (f) of the Round Rock Code of Ordinances (2010 Edition). Purchaser agrees to pay
City for all wastewater set-vice at the same rate as for retail customers located within the city
limits plus the base charge as provided by Sec. 44-30(a) of the Round Rock Code of Ordinances
00257339.DOC
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(2010 Edition). The calculation of the volume of wastewater to be billed each month will be as
follows.
2.02 Until the City has collected historical water use data through March 1, 2013, the
wastewater volume charge will be calculated as fifty percent (50%) of the actual water use for
each billing period.
2.03 After the City has collected the historical water use data through March 1, 2013, the
wastewater volume charge will be calculated as fifty percent (50%)of the average monthly water
use for the prior year and this average monthly water use will be billed for the next 12-months
(March 2013 through February 2014). The average monthly water use will be calculated
annually as the total water billed in the previous 12-months (March—February) then divided by
12.
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2.04. 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.
2.05. 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 j
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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 conservation of water and the sanitary use of j
water or the wastewater treatment system.
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3.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary a
condition of City's water supply system.
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Article IV. Force Majeure
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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
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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
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5.01. The term of this Contract shall be for a term of ten (10) years from the date
hereof. r
Article VI. Inspection and Constriction Issues
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6.01 As the property owned by Purchaser is all currently outside the city limits, no
building permits or inspections will be required or made by the City; however, the 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 and platting occurs. r`
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Article VII. Miscellaneous Provisions
7.01. Purchaser agrees that it is prohibited from selling or giving water purchased
herein to anyone else. ?'
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. k'
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. hr 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.
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7.06. 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.
7.07. 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 , 2012.
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SELLER:
ATTEST: CITY OF ROUND ROCK
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By:
Sara White, City Clerk Alan McGraw, Mayor
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PURCHASER:
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WILLIAMSON COUNTY
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By:
Dan Gattis,County Judge
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ROUNDROCK,TEXAS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY.
Agenda Item No. G19.
Consider a resolution authorizing the Mayor to execute a Water and Wastewater Service
Agenda Caption: Agreement with Williamson County.
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Meeting Date: September 27, 2012
Department: Utilities and Environmental Services
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Staff Person making presentation: Michael Thane
Utilities Director
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Item Summary:
The City has been providing water and wastewater service to Williamson County's park, located off of County Road
175 in the northwest part of the City's ETJ, for a number of years. The previous agreement has expired and is being
replaced with this new contract, where the City will continue to sell water & wastewater services to the County for
domestic use on an as-need basis. The City shall provide up to 250,000 gallons of water per day, averaged over any
consecutive 30-day period, and up to 52 Living Unit Equivalents (LUE's) of wastewater service.The County agrees to
comply with all of City's ordinances regarding conservation of water for the 10-year term of this Contract.
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Cost: There is no cost to the City for this item.
Recommended Action: Approval
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WATER AND WASTEWATER SERVICE CONTRACT
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STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This Water and Wastewater 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", ti
and WILLIAMSON COUNTY, 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 and Wastewater Service '
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1.01. City agrees to sell Purchaser water and wastewater service required by Purchaser
for domestic uses on an as-needed basis, for the property described more fully in as Exhibit "A" a
attached hereto and made a part of this Contract(the "Property").
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1.02. City's obligation to provide water and wastewater services under this Contract is v
subject to the capacity of City's facilities to provide water and wastewater services 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 250,000 gallons per
day, averaged over any consecutive thirty (30) day period, and no more than fifty-two (52)
Living Unit Equivalents (LUE's) of wastewater service. However, notwithstanding anything
else in this Contract to the contrary, City shall make all reasonable efforts to provide the water
and wastewater services described herein in order to ensure that Purchaser is capable of receiving
up to 250,000 gallons per day, averaged over any consecutive thirty (30) day period, and up to
fifty-two (52) Living Unit Equivalents (LUE's) of wastewater service. `
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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 s
construction of any and all lines servicing the Property, including the negotiations of any and all
easements or pass-though agreements with other entities. It is acknowledged by Purchaser that
water and wastewater services will pass through Vista Oaks M.U.D., and that it is Purchaser's
obligation to obtain approval of said pass through.
Article II. Rates
2.01. Purchaser agrees to pay City for all water delivered to Purchaser plus the base E
charge at the same rate as for retail customers located within the city limits as provided by y
s
Sec.44-29 (f) of the Round Rock Code of Ordinances (2010 Edition). Purchaser agrees to pay
City for all wastewater service at the same rate as for retail customers located within the city
limits plus the base charge as provided by Sec. 44-30 (a) of the Round Rock Code of Ordinances
00257339.DOC
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(2010 Edition). The calculation of the volume of wastewater to be billed each month will be as
follows.
2.02 Until the City has collected historical water use data through March 1, 2013, the
wastewater volume charge will be calculated as fifty percent (50%) of the actual water use for
each billing period.
2.03 After the City has collected the historical water use data through March 1, 2013, the
wastewater volume charge will be calculated as fifty percent (50%) of the average monthly water
use for the prior year and this average monthly water use will be billed for the next 12-months
(March 2013 through February 2014). The average monthly water use will be calculated
annually as the total water billed in the previous 12-months (March — February) then divided by £'
12.
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2.04. 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 p
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.
2.05. 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 conservation of water and the sanitary use of
water or the wastewater treatment system.
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3.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary
condition of City's water supply system.
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Article IV. Force Majeure
4.01. In the event either party is rendered unable, wholly or in part, by force majeure to f
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
2
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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 Y
Contract.
Article V. Term i
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5.01. The term of this Contract shall be for a term of ten (10) years from the date
hereof. '
Article VI. Inspection and Construction Issues
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6.01 As the property owned by Purchaser is all currently outside the city limits, no
building permits or inspections will be required or made by the City; however, the 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 and platting occurs. r
Article VII. Miscellaneous Provisions
7.01. Purchaser agrees that it is prohibited from selling or giving water purchased
herein to anyone else.
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 k'
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 E
as if such invalid, illegal, or unenforceable provision had never been contained herein.
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7.06. 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.
7.07. 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.
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EXECUTED, in duplicate, at Round Rock, Williamson County, Texas, on the
day of 2012.
SELLER: £
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ATTEST: CITY OF ROUND ROCK
EvkwBy k
Sara White, City Clerk Alan McGraw, Mayor }
PURCHASER:
WILLIAMSON COUNTY
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By:
Dan Gattis, County Judge
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