R-2020-0201 - 7/23/2020RESOLUTION NO. R-2020-0201
WHEREAS, a 10.66-acre tract of land located at 16400 Bratton Lane "(Property") is in the
process of being developed; and
WHEREAS, both the City of Austin and the City of Round Rock's water and wastewater
Certificate of Convenience and Necessity ("CCN") extend on to a portion of the Property; and
WHEREAS, the City of Austin wishes to transfer its water and wastewater CCN for this
specific Property to the City of Round Rock; and
WHEREAS, the City Council desires to enter into an agreement with the City of Austin to
allow the Property to obtain City of Round Rock water and sewer service during the CCN modification
period, 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 Interim
Water & Sewer Service Agreement with the City of Austin, 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 5 51, Texas Government Code, as amended.
RESOLVED this 23rd day of July, 2020.
d 14 /'
CRAI OR ,Mayor
City o RoundVk, Texas
ATTEST:
9#4 ,
.
SARA L. WHITE, City Clerk
0112.20202; 00450256
EXHIBIT
„A»
INTERIM WATER &SEWER SERVICE AGREEMENT
This INTERIMWATER& SEWER SERVICE AGREEMENT ("A. greement') i*s made
1Is .0
and entered into by and between the City of Austin, Texas, a rule municipality organized
and existing under the laws of the State of Texas ("Austin's, and the City of Round Rock, Texas,
a home rule municipality organized and existing under the laws of the State of Texas ("Round
Rock', as of the date this Agreement is fully executed by the last party to sign the Agreement
(the "Effe ti Date-). Austin and Round Rock are each a "Partv" to thl"s A9reementand are
collectively the "Parties,
RECITALS
WHEREAS, Round Rock is the holder of sewer Certificate of Conveni*ence and.'Necessl*ty
("CCN`-'No. 20421.the boundaries of which are within. Travis and Williamson Counties, Texas*
Is
WHEREAS, Round 'Rock *is the holder of water CCN'N'o. 11047, the boundaries of which
10
are within Travis and Williamson Counties, Texas*
WHEREAS, Austin is the holder of sewer CCN No. 20636, the boundaries of which. are
within Travis, Hays, Bastrop, and Williamson Counties,
Texas;
WHEREAS, Austinis the holder of water CCN'No. 11322, the boundaries of which are
within Travt*sHays,Bastrop, and Wi*11.i*a-mson Counti*es,, Texas's11
9
Is
WHEREAS, Round Rock's water and sewer CCN boundaries and Austin's water and
sewer CCN boundariesin
are adjacent to each other certain locations;
WHEREAS, Investex II, LLC ("Investex') is the owner of an approxi*mately 10.66 acre
tract of land located at 16400 Bratton Lane Round Rock, Texas more speci`ficallY d-escribed as
40in
Lot I.J. Corridor Park 1, a subdivision Travis County, Texas according to the map or plat thereof
recorded in Volume 94, Page(s) 306-307 of the Plat Records of Travis County, Texas (the
"Investor
is IsWHEREAS, the Investex Tract . entirely within Round Rock's city limits, and the
Investex Tract overlaps both Austin and, Round Rock water and sewer CCNs-9
WHEREAS, a small Portion along the north end of the 'Investex Tract, which is more
Is s t W Ilydescribed and depicted inExhibit A attached hereto andpect ica incorporated herein for all
purposes, is located within Round Rock's water and sewer CCNs;
WHEREAS, a small portion along the south
specifically described and depictedinExhI It A, is
CCNs (the "Transfer Tract")*
end of the Investex Tract, which is more
located within Austin's water and sewer
WHEREAS, Round Rock intends to service the Investex Tract with water and sewer
Is
service in accordance with Round Rock's CCNs; however,the small portion of the Investex Tract
Interim Water &Sewer Service Transfer Agreement 1
also overlaps with the Austin CCNs;
WHEREAS, Investex has requested that Austin release the Investex Tract from Austin's
overlapping water and sewer CCN'boundari*eso
WHEREAS, Austin and Round Rack intend to enter into a water and sewer area transfer
agreement in accordance with Texas Water Code ("TWC") § I3.2481P
WHEREAS, the Parties wish to acknowledge Round Rock's service to the Investex Tract
and allow Round Rock to provide and continue to provide water and sewer service to the Investex
Tract;
WHEREAS, TWC § 13.248 authorizes contracts between retail public utilities designating
areas and customers to be served by those retail public utilities, when approved by the Public
Utility Commission of Texas (t.e "PUC.") after public notice and hearing;
WHEREAS, Investex is in the process of coordinating a potential water and sewer service
area transfer between Austin and Round Rock to officially re -designate the CCN boundaries in
accordance with the TWC and PUC regulations, and;
WHEREAS, the parties intend for this Agreement to terminate uP on approval by the PUC
of the revised boundarieso
NOW, THEREFORE, for the good and valuable consideration contained herein, the
receipt and sufficiency of which is'h.-ereby acknowledged, the Parties hereby agree as follows:
AGREEMENT
1. Purpose. This Agreement designates the customer to be provided water and sewer service by
Round Rock.
2. Interim Water Service. The Parties agree that Round Rock will provide water and sewer
service to the Transfer Tract. The Parties agree that this is an interim water and sewer service
agreement and I*t will be valid until such time as the PUC officially re -designates the CCN
boundaries iinaccordance with the TWC and PUC regulatons, or until such time as either Party
terminates this Agreement in accordance with Section 13.
3. No Continuing Obligation to Serve. Upon termination in accordance with Section 13 of the
Agreement, provided that the PUC has approved transfer of the Transfer Tract to Round Rock's
CCNs, Austin shall have no further obligation to provide retail water and sewer service to the
Transfer Tract.
4,, Jurisdiction and Venue. This Agreement i*s made under and shall be governed by the laws of
the State of Texas, without regard to conflicts of laws principles which would apply the law of
any other jurisdiction. Venue for any dispute arising out of or concerning this Agreement, either
administrative oriudi*ci*al, shall be proper and lie exclusively i*n Travis County, Texas.
Interim Water & Sewer Service Transfer Agreement 2
5. Complete Aareement. This Agreement constitutes the entire agreement and understanding
between the Parties and supersedes all previous agreements, understandings, discussions, or
representations concerning its subject matter. This Agreement -.ay not be amended i*n whole or
in part except in a written amendment executed by both Parties to the Agreement.
6,, Notice. When this Agreement requires the Parties to provide notice to each other, the notice
shall be in writing. Notices must be addressed, hand -delivered, or emai*led only to the person
Is
designated for receipt of notice. A mailed notice shall be considered delivered three (3) business
days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return
Receipt Requested, postage prepaid. Hand -delivered notices are considered delivered only
when the addressee receives those notices. Notices delivered by e-mail are considered delivered
three (3) business days after transmittal or when received by the addressee, whichever is earlier.
The Parties may make routine communications by first class mail, e-mail, or other commercially
accepted means. Notices and routine communications to Austin and Round Rock shall be
addressed as follows:
CITY OF AUSTIN
Attn: Director
625 E. I Oth Street, Suite 800
Austin, Texas, 78701
Phone: (512) 972mO 108
Email: �;re�.rneszaros(caustjntexas.gov
CITY OF ROUND ROCK
Attn: City Managull
221 E. Main Street
Round Rock, Texas, 78664
Phone's 512 218m5400
7. Assignment. A party to this Agreement may not assign or transfer its interests under this
Agreement.
8. Recitals. The above recitals are true and correct and are incorporated into this Agreement for
all purposes.
9. Multiple Originals. This Agreement may be executed in a number of counterparts, each of
which shall be for all purposes deemed to be an original. All such counterparts shall together
constitute and be one and the same instrument.
10. Authority. The Parties represent that the individuals named below- are duly authorized to
execute this Agreement on behalf of their respective Party.
Interim Water & Sewer Service Transfer Agreement
3
11. Enforceability. The Parties agree that this Agreement constitutes the legal, valid, and binding
obligation of each Party hereto, enforceable in accordance with its terms, and that each Party i'*s
entering into this Agreement'On re liance upon the enforceability of this Agreement.
12. Severabl*11*ty. If a court of competent jurisdictidetemi on rnes that a term or provision of this
Agreement is void or unenforceable, the remainder of this Agreement remains effective to the
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extent permitted by law.
13. Termination. Round Rock shall provide notice to Austin when the PUC approves a water
service area transfer and re -designates the CCN boundaries. Investex may provide this notice
on Round Rock's behalf. If the revised CCN boundaries are approved by the PUC, this
Agreement will no longer be necessary, and the Agreement shall automatically terminate. If the
PUC does not approve the transfer, the Parties agree to work together to ensure that the Transfer
Tract continues to receive water and sewer service. If the PUC does not approve the Parties'
application for a water service area transfer, either Party may terminate this Agreement by
providing the other Party with at least sixty (60) days' advance notice in writing.
The bottom of this page 0 i.v intentionally left blank
Interim Water & Sewer Service Transfer Agreement 4
IN WITNESS WHEREOF, the Parties have executed this Agreement in multiple copies,
each of which shall constitute an. original, effective on the Effective Date, on the dates set forth
below:
CITY OF AUSTIN, TEXAS, a Texas home rule
municipality
0
Name: Greg
eszaros
Title: Director, Austin Water
Date: 06/18/2020
CITY OF ROUND ROCK, TEXAS, a Texas home
rule municipa]ity
0
Name:
Title:
0
Date,
Interim Water &Sewer Service Transfer Agreement 5
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