CM-2019-0037 - 2/1/2019AMENDED AND RESTATED
AGREEMENT FOR THE TRANSFER OF RETAIL WASTEWATER UTILITY
SERVICE AREA BETWEEN THE CITY OF ROUND ROCK AND
WINDERMERE UTILITY COMPANY
CITY OF ROUND ROCK §
§
STATE OF TEXAS §
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
TF11S Amended and Restated Agreement for the Transfer of Retail Wastewater Utility
Service Area Between the City of Round Rock and Windermere Utility Company, hereinafter
called "First Amendment," is made by and between the City of Round Rock, Texas, a home -rule
municipality, hereinafter called the "City" and SWWC Utilities, Inc., a Delaware corporation
d/b/a Windermere Utility Company, an Investor Owned Utility Company regulated by the
Public Utility Commission of Texas (hereinafter "Windermere").
WHEREAS, the City and Windermere previously executed the referenced "Agreement
for the Transfer of Retail Wastewater Utility Service Area Between the City of Round Rock and
Windermere Utility Company" hereinafter called the "Agreement" on February 9, 2017 by
Resolution No. R-2017-4185; and
WHEREAS, the City is the holder of wastewater CCN Number 20421 from the Public
Utility Commission of Texas ("PUC"), for the provision of retail wastewater service to certain
areas in and about Williamson and Travis Counties, Texas; and
WHEREAS, Windermere is the holder of wastewater CCN Number 20542 from the
PUC, for the provision of retail wastewater service to certain areas in and about Travis County,
Texas; and
WHEREAS, Windermere wishes to alter the boundaries of its CCN by decertifying
and transferring an area (the "Windermere Transfer Area") contained within the boundaries
of the Windermere CCN to the City, so that such area is removed from the Windermere CCN
and added to the Round Rock CCN; and
WHEREAS, the City wishes to alter the boundaries of its CCN by decertifying and
transferring an area (the "Round Rock Transfer area") contained within the boundaries of the
Round Rock CCN to Windermere, so that such arca is removed from the Round Rock CCN
and added to the Windermere CCN; and
WHEREAS, the City and Windermere desire to modify the descriptions of the areas each
is decertifying and transferring to the other;
415108 THC
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this First Amendment, the City and Windermere agree that said Agreement is
amended as follows:
1.
l .1 Exhibits A, B I and B2 are hereby removed from the Agreement in their entirety and
replaced with Exhibits "A," "13," "C," and "D" which are attached hereto.
1.2 Sections 1.1 through 3.3 of the Agreement are hereby removed in their entirety and
replaced with the following Sections 1.1 through 3.3:
l.1 The City is the owner and holder of wastewater CCN Number 20421, which area
borders a portion of the Windermere CCN area as shown on Exhibit "A"
attached hereto.
1.2 Windermere is the owner and holder of wastewater CCN Number 20542,
which area borders a portion of the City's CCN area as shown on Exhibit "B"
attached hereto.
1.3 The Round Rock TransferArea is located within the boundaries of CCN 420421
and adjacent to the boundaries of CCN #20542, such properly being more fully
described in Exhibit "C" attached hereto.
1.4 The Windermere Transfer Area is located within the boundaries of CCN
420542 and adjacent to the boundaries of CCN 420421, such property being
more fully described in Exhibit "D" attached hereto.
Transfer of Windermere CCN Area
2.1 In accordance with Texas Water Code Section 13.248, and subject to the approval
by the PUC, Windermere hereby agrees to the modification of the boundaries of
its CCN Number 20542 to exclude the area contained within the Windermere
Transfer Area, such area to be transferred from Windermere's CCN Number 20542
to the area to be encompassed within the City's CCN Number 20421.
2.2 In accordance with Texas Water Code Section 13.248, and subject to the approval
by the PUC, the City hereby agrees to the expansion and modification of the
boundaries of its CCN Number 20421 to include the area contained within the
W indennere Transfer Area, such area to be transferred from Windermere's CCN
Number 20542 to now be encompassed within the City's CCN.
2.3 The City agrees that, upon approval of the revision to its CCN boundaries by the
PUC to include the Windermere Transfer Area within the boundaries of its CCN
Number 20421, Windermere shall have no further obligation to provide retail
wastewater service to the Windermere Transfer Area, and that the City shall be
solely responsible for the provision of retail wastewater service to the owners and
occupants of property within the Windermere Transfer Area under such terms and
conditions as arc allowed under the City's CCN and any applicable governmental
statutes and regulations.
Transfer of Round Rock CCN Area
3.1 In accordance with Texas Water Code Section 13.248, and subject to the approval
by the PUC, the City hereby agrees to the modification of the boundaries of its
CCN Number 20421 to exclude the area contained within the Round Rock Transfer
Area, such area to be transferred from the City's CCN Number 20421 to the area
to be encompassed within the Windermere CCN Number 20542.
3.2 In accordance with Texas Water Code Section 13.248, and subject to the approval
by the PUC, Windermere hereby agrees to the expansion and modification of the
boundaries of its CCN Number 20542 to include the area contained within the
Round Rock Transfer Area, such area to be transferred from Round Rock's CCN
Number 20421 to now be encompassed within the Windermere CCN.
3.3 Windermere agrees that, upon approval of the revision to its CCN boundaries by
the PUC to include the Round Rock Transfer Area within the boundaries of its
CCN Number 20542, the City shall have no further obligation to provide retail
wastewater service to the Round Rock Transfer Area, and Windermere shall be
solely responsible for the provision of retail wastewater service to the owners and
occupants of property within the Round Rock Transfer Area under such terms and
conditions as are allowed under Windermere's CCN and any applicable
governmental statutes and regulations.
II.
2.1 This First Amendment shall amend the original Agreement only as set forth herein
with no other changes in terms or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and Windermere have executed this First Amendment to be
effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK, TEXAS
B
Y
Printed Tank: c l
Title:
Date Signed: D 1 ,
ATTEST:
Sara L.White, City Clerk
FOR CITY, PROVED AS TO FORM:
By:
Stephan . Sheets, City Attorney
4
SWWC UTILITIES, INC. d/b/a
WINDERMERE UTILITY COMPANY
By: Gv
Printed Name: Cwr R S "i /Ld7,SR
Title: V16E PAGSLeuT rn*,VAGrAl� Q
Date Signed: JAtJ . i5 , -,L 0. .
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CITY OF ROUND ROCK
TO RELEASE 38.9 ACRES OF
WASTEWATER CCN
TO WINDERMERE UTILITY CO.
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® CORR RELEASE AREA
WASTEWATER CCN
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WINDERMERE UTILITY CO INC
CITY OF ROUND ROCK
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City of Round Rock
ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Amended and Restated Agreement for the Transfer of
Retail Wastewater Utility Service Area with Windermere Utility Company.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/1/2019
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes:
Attachments: Agmt.pdf, LAF.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0037
Located in the Southeast comer of the City of Round Rock, the City of Round Rock's
wastewater certificate of convenience and necessity (CCN) abuts the Windermere Utility
Company wastewater CCN. Based on negotiations between the City of Round Rock and
Windermere, the two parties have reached an agreement on a revised CCN boundary. The
revised CCN boundary location was based on the current property boundaries, currently
provided wastewater service, and the natural topography of the land. The revised CCN
boundary more or less mirrors current property boundaries, and attempts to provide for the
most efficient wastewater system.
The original agreement revising the CCN boundary was signed on February 9, 2017. This
amendment to the original agreement slightly modifies the CCN boundary as stated in the first
agreement. The new proposed CCN boundary is shown in Exhibit C and Exhibit D of the
revised agreement. Based on the revised agreement, the City of Round Rock will release 38.9
acres to Windermere, and Windermere will release 284.7 acres to the City of Round Rock.
Staff recommends the execution of this amended and restated agreement for the wastewater
CCN boundary change. After approval, these changes will be submitted for formal adoption into
the official CCN boundary map held at the Public Utility Commission.
City olRound Rock Page f PNnfed on 1/3002019