Contract - City of Austin - 7/23/2020 (2)WATER SERVICE AREA TRANSFER AGREEMENT
This WATER SERVICE AREA TRANSFER AGREEMENT ("Agreement") is made
and entered into by and between the City of Austin, Texas, a home rule municipality organized
and existing under the laws of the State of Texas ("Austin"), 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 "Effective Date"). Austin and Round Rock are each a "Party" to this Agreement,
and collectively they are the "Parties."
RECITALS
WHEREAS, Round Rock is the holder of sewer Certificate of Convenience and
Necessity ("CCN") No. '21042-1, the boundaries of which are within Travis and
Williamson Counties, Texas;
WHEREAS, Round Rock is the holder ofwater CCN No. 1 1047, the boundaries
of which are within Travis and Williamson Counties, Texas;
WHEREAS, Austin is the holder of sewer CCN No. '?0636, the boundaries of
which are withinTravis. Hays. Bastrop, and V4rillianlsoil Counties, "Texas;
WHEREAS, .Austin is the holder of water CCN No. 1132?, the boundaries of
which are within Travis, Hays, Bastrop, and Williamson Counties, "Texas;
WHEREAS, Round Rock's water and sewer CCN boundaries and Austin's
water and sewer CCN boundaries are adjacent to each other in certain locations;
WHEREAS, Investex II, LLC ("Inve,,,vtex") is the owner of an approximately
10.66 acre tract of land located at 16400 Bratton Lane, Round Rock., Texas i-nore
specifically described as Lot 1, Corridor Park I, a subdivision in 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 (tile "Investex Tract");
WHEREAS, the Investex. Tract is entirely within Round Rock's city limits, and
the Investex Tract overlaps both Austin and .Round .Rock water and sewer CCNs;
WHEREAS, a small portion along the north end of the Investex "bract, which is
more specifically described and depicted in Exhibit A., attached hereto and incorporated
herein for all purposes, is located within Round Rock's water and sewer CCNs;
WHEREAS, a smalI portion along the south end of the Investex. Tract, which is
more specifically described and depicted in Exhibit A, is located within Austin's water
and sewer CCNs (the "Transfer Tract");
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WHEREAS, Round Rock intends to service the Investex Tract with water and
sewer service in accordance with Round Rock's CCNs; however, the small portion of
the Investex Tract 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'es.,9
WHEREAS, Texas Water Code ("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 (the "PUC")
after public notice and hearing;
WHEREAS, Austin and Round Rock wish to enter into a TWC § 13.248
agreement to transfer the Transfer Tract from Austin-'4s CCNs to Round.Rock's CCNs,
which Investex will coordinate;
NOW, THEREFORE, for the good and valuable consideration contained.ned
herein, -the receipt and sufficiency of which ]*.s hereby acknowledged,, the Parties hereby
agree as follows:
AGREEMENT
1. Purlpose. This Agreement shall be a "contract" designating areas and customers to be
served by the Parties in accordance with TWC § 13.248.
2. Transfer. Austin transfers and conveys to Round Rock the portions of Austin's water CCN
No. 11322 and the portions of Austin's sewer CCN No. 20636 that overlap with the
Transfer Tract, subject to approval by the PUC. Round Rock will work through Investex
to prepare, file, and advance the necessary transfer applications in accordance with the
TWC for such approval by the PUC. Austin agrees to cooperate with Round Rock in
advancing applications) to the PUC to transfer such water and sewer CCN boundaries
from Austin's CCNs to Round Rock's CCNs, should the need arise.
3. No Continuing OblyationtoiServe. The Parties agree that upon PUC approval of the
applications) to transfer the portion of Austin's water and sewer CCNs overlapping with
the Transfer Tract to Round Rock, Austin shall have no further obligation to provide retail
water or sewer service to the Transfer Tract.
4. Termination. Either Party shall have the authority to terminate this Agreement for its
convenience at any time before the transfer i*s approved by the PUC.
5. Applicable Law and Venue. This Agreement shall be governed by, and construed in
accordance with, the Constitution and 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
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any dispute arising out of or concerning this Agreement, either administrative or judicial,
shall be proper and lie exclusively i*n Travis County, Texas.
6,, Enti*reA2reement. The Agreement reflects the entire agreement between the Parties and
supersedes all prior and contemporaneous agreements and understandings, both written
and oral,, between the Parties with respect to the subject matter hereof.
7. Notice. When this Contract requires the Parties to provide notice to each other, the notice
shall be i*n writing. Notices must be addressed, hand -delivered, or e ai*led only to the
person designated for receipt of notice. A mailed notice shall be considered delivered three
(3) business days after postmarked I*f 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
4,
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) 972m0108
E-mail:;�reg.mesra��ns�a'aust�r�texas.gRON
CITY OF ROUND ROCK
Attn: City Manager
221 E. Main Street
Round Rock, Texas, 78664
Phone: (512) 218m5400
8. Successors and- Assigns. This Agreement shall bind the Parties and their legal successors,
but shall not otherwise be assignable. All of the respective obligations of each of the Parties
shall bind that Party and shall apply to and bind any successors of that Party,,
9. Recitals. The above recitals are true and correct and are incorporated into this Agreement
for all purposes.
10. Multiple Originals. This Agreement may be executed i*n any number of counterparts,
each of which shall be, for all purposes, deemed to be an original, and all such counterparts
shall together constitute and be one and the same instrument.
11. Authori*tv. The Parties represent that the individuals named below are duly authorized to
execute this Agreement on behalf of their respective Party.
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12. 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
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each Party is entering into this Agreement in reliance upon the enforceability of this
Agreement.
13. Severabi*11* If a court of competent jurisdiction determines that a term o r provision
of this Agreement is void or unenforceable, the remainder of this Agreement remains
effective to the extent permitted by law.
The remainder of this page 40 is intentionally left blank.
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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 ROUND ROCK, TEXAS, a Texas home
rule municipality
By:
Signature I q
a �
Printed ame, Tide
Date: �.27.��
CITY OF AUSTIN, TEXAS, a Texas home rule
municipality
By •
G'�#., 1lle�aros Director, Austin Water
Date: 07/02/2020
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t .1 . x.hibit A.
The ".Tivn#�I� I'l-act
Water and Sewer CCNs-16400 Bratton
4: 201 '9 14,514
i. . ........ t ..... IT .... . . .. . ..... . ........ e.11 ....... —:..;
iWkE: i,:: V-.4 fte ussf
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