R-2014-1366 - 4/24/2014RESOLUTION NO. R-2014-1366
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 for
Emergency Water Supply with Williamson County Water, Sewer, Irrigation and Drainage District No.
3 ("District") to provide emergency water service to the District, 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 for Emergency Water Supply with Williamson County Water, Sewer, Irrigation and
Drainage District No. 3, 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.
RESOLVED this 24th day of April, 2014.
ATTEST:
C6/414, AVM
SARA L. WHITE, City Clerk
0112.1404;00296770
ALAN MCGRAW, Mayor
City of Round Rock, Texas
EXHIBIT
«A»
INTERLOCAL AGREEMENT
FOR
EMERGENCY WATER SUPPLY
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THIS INTERLOCAL AGREEMENT FOR EMERGENCY WATER SUPPLY is made and
entered into by and between the City of Round Rock, a Texas home rule municipal corporation
("Round Rock") acting by and through its duly authorized Mayor and Williamson County Water,
Sewer, Irrigation and Drainage District No. 3, a Texas water conservation district ("District")
acting by and through its duly authorized President..
RECITALS:
1. Round Rock and District each own and operate water utility systems providing water
service to customers in Williamson and Travis Counties.
2. Round Rock and District recognize that substantial benefits may be derived from joint
cooperation with each other in the provisions of water in the region served by the parties.
3. Subject to certain operational limitations, Round Rock has determined that it likely have
some amount of excess water capacity available in the Southeast portion of its system to assist
District in times of emergency.
4. Round Rock and District desire to set forth in writing the terms and conditions for the
provision of emergency water service from Round Rock to District.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Round Rock and District hereby contract and agree as follows:
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 Emergency Water Supply."
(b) Emergency: an Act of God or similar unforeseen and unpreventable catastrophic
circumstance or disaster that significantly affects District's ability to provide potable water to its
(W0612234.2)
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.
(c) Emergency Service: potable water service to be provided to District 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.
(d) MGD: million gallons per day.
(e) Point of Delivery: a point where District's water facilities will be connected to
Round Rock's water facilities, as shown on Exhibit A, and from which District may withdraw
emergency water from the Round Rock water system.
(f) 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 EMERGENCY WATER SERVICE
2.01 Agreement to Provide Emergency Water Service. Subject to the terms and conditions of
this Agreement and the requirements of applicable law, the City agrees to make available
Emergency Water Service to the District for the term of this Agreement. It is understood and
agreed that the amount of water supplied by the City to the District shall be limited to a
maximum of 1.5 million gallons per day.
2.02 Improvements to District System. District shall be solely responsible for design and
construction of any and all improvements to the District 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 District water
system or to the water facilities of District customers arising from the distribution of potable
water received by District hereunder. Each Party shall own, operate and maintain all water
system improvements, facilities, equipment and appurtenances located on its respective side of
the Point of Delivery in accordance with its own maintenance and replacement schedules and
standards. All such costs and expenses of operation, maintenance, repair and replacement of
each Party's water system shall be paid by the Party, and the other Party shall have no
responsibility for any such costs or expenses. The plans for the design of the Point of Delivery
facilities shall be designed in accordance with City design standards and the plans shall be
subject to prior City approval.
2.03. Effect of Mandatory Water Conservation Measures. Notwithstanding anything herein to
the contrary, the parties agree that, if Round Rock institutes mandatory water conservation
measures for its own customers, Round Rock may deny District's request for Emergency Service
for the duration of Round Rock's mandatory conservation measures.
{W0612234.2)
2.04. Connection Fee. The City shall not charge a connection fee to the District for the
provision of Emergency Water Service under this Agreement.
2.05 Volumetric Rate. The District shall pay to the City the Volumetric Rate equal to twice the
lowest in -City rate for non -peak billing periods as adopted and amended by the City Council
from time to time. The current lowest in -City rate for non -peak billing periods is $2.35 per 1,000
gallons. Therefore the initial rate to the District is $4.70 per 1,000 gallons delivered. This rate is
subject to change if amended by the City Council. In addition, each time Emergency Service is
initiated, District shall pay an additional fee of $1,500.00.
2.06 Payment Terms.
(a) The City shall, upon completion of Emergency Water Service, submit to the
District an itemized statement of the amount of Emergency Water Service furnished, as
measured at the Point of Delivery Meter, and a statement of the payment due for such services.
The statement shall specify a due date, which date shall not be less than fifteen (15) days after
the date of the statement. The statement shall be paid on or before the due date.
(a) In the event that the District fails to make timely payment in full by the due date,
then the City shall furnish a late notice to the District. If the District does not provide payment
within fifteen (15) days of receipt of the late notice, then the District shall pay a late payment
charge of two percent (2%) of the amount of the statement for each calendar month or fraction
thereof that the statement remains unpaid; provided, however, that such rate shall never be
usurious or exceed the maximum rate permitted by law.
(b) If the District remains delinquent in any payments due hereunder for a period of
sixty (60) days, then the City may exercise any legal right or remedy to which it is entitled,
including termination of this Agreement.
2.07 Provision of Service During an Emergency. In the event of an emergency as defined
hereinabove, District may request that Round Rock provide Emergency Service at the Point of
Delivery for a temporary period to assist District in meeting the needs of such emergency and the
provision of Emergency Service shall be subject to the following conditions:
(a) the availability of water in the Southeast 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 Service to District will not endanger the public health,
safety or welfare of Round Rock citizens;
(c) Emergency 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;
{W0612234.2}
(2) the reasonable duration needed to repair damage to the District water
system occasioned by such emergency;
(3) the duration of Round Rock's ability to provide Emergency Service
to District as determined by the Director; or
(4) two (2) weeks.
In the event that the emergency exceeds the shortest of the foregoing periods, District may make
written request to the Director to continue Emergency Service beyond said initial period. The
Director may continue or resume such Emergency 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 District has exercised reasonable diligence in attempting to
remove the disability giving rise to the initial request for Emergency Service, and that water in
excess of the needs of Round Rock's customers continues to be available in the Southeast
portion of the Round Rock water system to provide Emergency Service to District.
2.08. Metering.
(a) Measurement.
(1) The City shall operate, maintain and read the Point of Delivery Meter to
record all Water delivered under this Agreement.
(2) The City shall keep records of all measurements of Water delivered to the
District through the Point of Delivery as recorded by the Point of Delivery Meter.
(3) The District shall have the master meter calibrated once a year and shall
provide the results to the City by January 20 of the next year.
(b) Calibration.
(1) If, as a result of any test, the Point of Delivery Meter is found to be
registering inaccurately (more than 5% higher or lower than calibrated volumes), the
readings of the meter shall be corrected at the rate of its inaccuracy for any period which
is definitely known or agreed upon.
(2) If the Point of Delivery Meter is out of service or in need of repair such
that the amount of Water delivered cannot be ascertained or computed from the reading
thereof, the Water delivered through the period such meter is out of service or out of
repair shall be estimated and agreed upon by the Parties based upon the basis of the best
data available. If the Parties fail to agree on the amount of Water delivered during such
inoperable period, the amount of Water delivered may be estimated by:
(W0612234.2)
(i) correcting the error if the percentage of the error is ascertainable
by calibration tests or mathematical calculation; or
(ii) estimating the quantity of delivery by deliveries during the
preceding periods under similar conditions when the meter was registering
accurately.
(3) If a Point of Delivery Meter is consistently registering inaccurately, the
District shall repair, replace or rehabilitate the meter, as determined by such, and all costs
related thereto shall be borne by the District.
ARTICLE THREE
GENERAL PROVISIONS
3.01. Term of Agreement. Unless terminated sooner in accordance with the provisions herein,
this Agreement shall be for an initial term of ten (10) years from the Effective Date. Upon the
mutual consent of both parties, the Agreement may be extended.
3.02. Termination.
(c) Either Party to this Agreement may terminate this Agreement as a result of a
material breach by the other Party by providing written notice of termination after providing the
defaulting Party notice in accordance with the terms of this Agreement and giving the defaulting
Party thirty (30) days to cure the default.
(d) Upon termination of this Agreement, the District shall discontinue taking Water
from the City. Each Party may physically seal or disconnect the Point of Delivery Meter or any
other components in its water system as may be necessary to prevent the further delivery or
receipt of Water at the Point of Delivery.
3.03. 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.
3.04. 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
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.
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;
{W0612234 2 }
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:
DISTRICT:
{W0612234.2}
Crossroads Utility Services
2601 Forest Creek Drive
Round Rock, Texas 78665
Attn: Andrew Hunt, General Manager
Telephone: 512) 246-1400
Facsimile: 512) 246-1900
Email: ahunt@crossroadsus.com
with copy to:
ROUND ROCK:
with copy to:
Armbrust & Brown, PLLC
100 Congress Avenue, Suite 1300
Austin, Texas 78701
Attn: John Bartram
Telephone: (512) 435-2319
Email: jbartram@abaustin.com
221 East Main
Round Rock, Texas 78664
Attn: City Manager
Telephone: (512) 218-5410
Facsimile: (512) 218-7097
Email: jnuse@round-rock.tx.us
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 , 2014.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and District have
executed this Agreement as of the date(s) shown below.
ATTEST:
Sara White, City Clerk
{W0612234.2}
CITY OF ROUND ROCK:
By:
Alan McGraw, Mayor
Date:
Leee 13kekle
#issiSinikk f 1'Y tsi. ver
{ W0612234.2)
WILLIAMSON COUNTY WATER, SEWER,
IRRIGATION, AND DRAINAGE DISTRICT
NO. 3
By:
Date:
Rance Richter, President
EXECUTED
DOCUMENT
FOLLOW
INTERLOCAL AGREEMENT
FOR
EMERGENCY WATER SUPPLY
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THIS INTERLOCAL AGREEMENT FOR EMERGENCY WATER SUPPLY is made and
entered into by and between the City of Round Rock, a Texas home rule municipal corporation
("Round Rock") acting by and through its duly authorized Mayor and Williamson County Water,
Sewer, Irrigation and Drainage District No. 3, a Texas water conservation district ("District")
acting by and through its duly authorized President..
RECITALS:
1. Round Rock and District each own and operate water utility systems providing water
service to customers in Williamson and Travis Counties.
2. Round Rock and District recognize that substantial benefits may be derived from joint
cooperation with each other in the provisions of water in the region served by the parties.
3. Subject to certain operational limitations, Round Rock has determined that it likely have
some amount of excess water capacity available in the Southeast portion of its system to assist
District in times of emergency.
4. Round Rock and District desire to set forth in writing the terms and conditions for the
provision of emergency water service from Round Rock to District.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Round Rock and District hereby contract and agree as follows:
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 Emergency Water Supply."
(b) Emergency: an Act of God or similar unforeseen and unpreventable catastrophic
circumstance or disaster that significantly affects District's ability to provide potable water to its
R-2014-1366
{W0612234.2}
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.
(c) Emergency Service: potable water service to be provided to District 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.
(d) MGD: million gallons per day.
(e) Point of Delivery: a point where District's water facilities will be connected to
Round Rock's water facilities, as shown on Exhibit A, and from which District may withdraw
emergency water from the Round Rock water system.
(f) 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 EMERGENCY WATER SERVICE
2.01 Agreement to Provide Emergency Water Service. Subject to the terms and conditions of
this Agreement and the requirements of applicable law, the City agrees to make available
Emergency Water Service to the District for the term of this Agreement. It is understood and
agreed that the amount of water supplied by the City to the District shall be limited to a
maximum of 1.5 million gallons per day.
2.02 Improvements to District System. District shall be solely responsible for design and
construction of any and all improvements to the District 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 District water
system or to the water facilities of District customers arising from the distribution of potable
water received by District hereunder. Each Party shall own, operate and maintain all water
system improvements, facilities, equipment and appurtenances located on its respective side of
the Point of Delivery in accordance with its own maintenance and replacement schedules and
standards. All such costs and expenses of operation, maintenance, repair and replacement of
each Party's water system shall be paid by the Party, and the other Party shall have no
responsibility for any such costs or expenses. The plans for the design of the Point of Delivery
facilities shall be designed in accordance with City design standards and the plans shall be
subject to prior City approval.
2.03. Effect of Mandatory Water Conservation Measures. Notwithstanding anything herein to
the contrary, the parties agree that, if Round Rock institutes mandatory water conservation
measures for its own customers, Round Rock may deny District's request for Emergency Service
for the duration of Round Rock's mandatory conservation measures.
{W0612234.2}
2.04. Connection Fee. The City shall not charge a connection fee to the District for the
provision of Emergency Water Service under this Agreement.
2.05 Volumetric Rate. The District shall pay to the City the Volumetric Rate equal to twice the
lowest in -City rate for non -peak billing periods as adopted and amended by the City Council
from time to time. The current lowest in -City rate for non -peak billing periods is $2.35 per 1,000
gallons. Therefore the initial rate to the District is $4.70 per 1,000 gallons delivered. This rate is
subject to change if amended by the City Council. In addition, each time Emergency Service is
initiated, District shall pay an additional fee of $1,500.00.
2.06 Payment Terms.
(a) The City shall, upon completion of Emergency Water Service, submit to the
District an itemized statement of the amount of Emergency Water Service furnished, as
measured at the Point of Delivery Meter, and a statement of the payment due for such services.
The statement shall specify a due date, which date shall not be less than fifteen (15) days after
the date of the statement. The statement shall be paid on or before the due date.
(a) In the event that the District fails to make timely payment in full by the due date,
then the City shall furnish a late notice to the District. If the District does not provide payment
within fifteen (15) days of receipt of the late notice, then the District shall pay a late payment
charge of two percent (2%) of the amount of the statement for each calendar month or fraction
thereof that the statement remains unpaid; provided, however, that such rate shall never be
usurious or exceed the maximum rate permitted by law.
(b) If the District remains delinquent in any payments due hereunder for a period of
sixty (60) days, then the City may exercise any legal right or remedy to which it is entitled,
including termination of this Agreement.
2.07 Provision of Service During an Emergency. In the event of an emergency as defined
hereinabove, District may request that Round Rock provide Emergency Service at the Point of
Delivery for a temporary period to assist District in meeting the needs of such emergency and the
provision of Emergency Service shall be subject to the following conditions:
(a) the availability of water in the Southeast 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 Service to District will not endanger the public health,
safety or welfare of Round Rock citizens;
(c) Emergency 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;
{W0612234.2}
(2) the reasonable duration needed to repair damage to the District water
system occasioned by such emergency;
(3) the duration of Round Rock's ability to provide Emergency Service
to District as determined by the Director; or
(4) two (2) weeks.
In the event that the emergency exceeds the shortest of the foregoing periods, District may make
written request to the Director to continue Emergency Service beyond said initial period. The
Director may continue or resume such Emergency 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 District has exercised reasonable diligence in attempting to
remove the disability giving rise to the initial request for Emergency Service, and that water in
excess of the needs of Round Rock's customers continues to be available in the Southeast
portion of the Round Rock water system to provide Emergency Service to District.
2.08. Metering.
(a) Measurement.
(1) The City shall operate, maintain and read the Point of Delivery Meter to
record all Water delivered under this Agreement.
(2) The City shall keep records of all measurements of Water delivered to the
District through the Point of Delivery as recorded by the Point of Delivery Meter.
(3) The District shall have the master meter calibrated once a year and shall
provide the results to the City by January 20 of the next year.
(b) Calibration.
(1) If, as a result of any test, the Point of Delivery Meter is found to be
registering inaccurately (more than 5% higher or lower than calibrated volumes), the
readings of the meter shall be corrected at the rate of its inaccuracy for any period which
is definitely known or agreed upon.
(2) If the Point of Delivery Meter is out of service or in need of repair such
that the amount of Water delivered cannot be ascertained or computed from the reading
thereof, the Water delivered through the period such meter is out of service or out of
repair shall be estimated and agreed upon by the Parties based upon the basis of the best
data available. If the Parties fail to agree on the amount of Water delivered during such
inoperable period, the amount of Water delivered may be estimated by:
{W0612234.2}
(i) correcting the error if the percentage of the error is ascertainable
by calibration tests or mathematical calculation; or
(ii) estimating the quantity of delivery by deliveries during the
preceding periods under similar conditions when the meter was registering
accurately.
(3) If a Point of Delivery Meter is consistently registering inaccurately, the
District shall repair, replace or rehabilitate the meter, as determined by such, and all costs
related thereto shall be borne by the District.
ARTICLE THREE
GENERAL PROVISIONS
3.01. Term of Agreement. Unless terminated sooner in accordance with the provisions herein,
this Agreement shall be for an initial term of ten (10) years from the Effective Date. Upon the
mutual consent of both parties, the Agreement may be extended.
3.02. Termination.
(c) Either Party to this Agreement may terminate this Agreement as a result of a
material breach by the other Party by providing written notice of termination after providing the
defaulting Party notice in accordance with the terms of this Agreement and giving the defaulting
Party thirty (30) days to cure the default.
(d) Upon termination of this Agreement, the District shall discontinue taking Water
from the City. Each Party may physically seal or disconnect the Point of Delivery Meter or any
other components in its water system as may be necessary to prevent the further delivery or
receipt of Water at the Point of Delivery.
3.03. 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.
3.04. 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
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.
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;
(W0612234.2)
r
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:
(W0612234.2)
DISTRICT:
Crossroads Utility Services
2601 Forest Creek Drive
Round Rock, Texas 78665
Attn: Andrew Hunt, General Manager
Telephone: 512) 246-1400
Facsimile: 512) 246-1900
Email: ahunt@crossroadsus.com
(
with copy to:
ROUND ROCK:
with copy to:
Armbrust & Brown, PLLC
100 Congress Avenue, Suite 1300
Austin, Texas 78701
Attn: John Bartram
Telephone: (512) 435-2319
Email: jbartram@abaustin.com
221 East Main
Round Rock, Texas 78664
Attn: City Manager
Telephone: (512) 218-5410
Facsimile: (512) 218-7097
Email: jnuse@round-rock.tx.us
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
11 11 V , 2014.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and District have
executed this Agreement as of the date(s) shown below.
ATTEST:
Sara ,atti,
ite, City Clerk
{ W0612234.2}
CITY OF ROUND ROCK:
By:
/y7
Alan McGraw, Mayor
Date: 4.i4.it
/
LEE $ue k LEy
AssP aw* Seerekavy rnreksa.vtr
(W0612234.2}
WILLIAMSON COUNTY WATER, SEWER,
IRRIGATION, AND DRAINAGE DISTRICT
NO.3
By:
Date:
Rance Richter, President
c/*/Y