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R-2020-0217 - 8/13/2020RESOLUTION NO. R-2020-0217 WHEREAS, Siena Municipal Utility District No. 1 and Siena Municipal Utility District No. 2 ("Districts") purchase and receive wholesale wastewater service from the City of Round Rock ("City"); and WHEREAS, Williamson County Emergency Services District No. 3 ("ESD No. 3") plans to develop a property at the northeast corner of County Road 110 and Limmer Loop described as Lot 1, Block A, Siena Section 35, a subdivision in Williamson County, Texas ("Property"); and WHEREAS, the City, the Districts, and ESD No. 3 wish to enter into an agreement in which the City and ESD No. 3 may utilize the Districts' wastewater systems to provide wastewater service to the Property on a pass -through basis, 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 Agreement for Pass -Through Wastewater Service with Siena Municipal Utility District No. 1, Siena Municipal Utility District No. 2, and Williamson County Emergency Services 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 5 51, Texas Government Code, as amended. RESOLVED this 13th day of August, 2020. /Al A / / CRAI MO (AN, Mayor City of Rounedt Rock, Texas ATTEST: SARA L. WHITE, City Clerk 01 1220202, 00451622 EXHIBIT „A» AGREEMENT FOR PASS -THROUGH WASTEWATER SERVICE [LOT it, BLOCK A, SIENA SECTION 35J THIS AGREEMENT FOR PASS -THROUGH WASTEWATERSERVICE [LOT 1, BLOCK A, SIENA SECTION H51 {this "Agreement") is entered into effective as of the Effective Date (defined below), by and among SIENA MUNICIPAL UTILITY DISTRICT NO. 1, a political subdivision of the State of Texas operating under Chapters 49 and 54 of the Texas Water Code ("District No. i"), SIENA MUNICIPAL U°I'ILITY DISTRICT NO. 2. a political subdivisionof the State of Tex operating under Chapters 49 and 104 of the Texas Water Code("District and, collectivelywithDistrict No,, 1 the ---- - No. 2"Districts"), WILLIAMSON C4tTNT'Y EMERGENCY SERVICES DISTRICT NO, 3, a political subdivision of the State of Texas (",LSDNg�"}, and the CITY OF ROUND ROCK, TEXAS, a home rulemunicipality located in Williamson County, Tex(the "o District No. 1, District No. 2, ESD No. 3, and the City are sometimes referred to individually in this Agreement as a "Par tu"and collectively as the artie ". RECITALS C. The Parties desire to enter into this Agreement to set forth the terms and conditions the ESD on NO. 3 ay utilize e Districtswastewater sto provide wastewater service to the Properly on apass-through basis. AGREEMENT For and in consideration of thmutual promises, covenants, obligations, and bof this Agreement, the Parties contract and agree as follows. Section i. reference. Recitals. The above and foregoing recitals are incorporated herein by 00449491/SS2 Section 2. Pass -Through Wastewater Service. B. Limitations an Conditions of Service. i. Notwithstanding anything else i*n thi's Agree ent to the co rary, 'ain no event will the City or ESD No.,3, without the prior written consent of the Districts, deliver through the Districts' wastewater collection system more than 8 LUEs . of wastewater from the Property measured at the District Wastewater Point of Connection. Agreement. Instead, the City is committing 8 LUEsof wastewater capacity directly tothe Property and will simply be using the Districts' wastewater systems to provide retail wastewater service to the Property on apass-through basis. Agreement for Pass -Through Wastewater Semce 2 dedicated to the City, in which case the City will accept the ESD Na. 3 Wastewater Facilities for operation and maintenance. Agreement for Pass -Through Wastewater Sen7ce .3 so, the Districtsmay immediately ter i*nate this Agree e and/or requi*re ESD NoIo immediately to the facilities,3 or the City, as appl*cable,t terminate persons, ar property that have been connected in violation of this Agreement. The Districts reserve the right to deny for any reason any request by ESD No. 3 or the City to increase the level of service under this Agreementor to serve any other 10 * facil . itiles, persons, or property. C. CagaciWCha..eFor the 8 LUEs of pass -through waservice capacity made available under this Agreement to the Property, ESD No. 3 will pay a non-refundable capacity charge of $5,i29.67 to District No. 1 and $793-.03 to DI'Ostnect No. 2 (collectively, the "CapaciW Charges"). The Cana*tyaciCharges must be paid on or before the Effective Date. F. Payment for Retail Service. Thebillwill wastewater customers city within the Property directly for retail wastewater services furnished to such customers. Section Default. Inthe event of defaultby a Party,each nondefaulting Partymnu 3 give to the defaulting Party written notice of such default specifying the failure or default in question, If the defaulting Party fails to fully cure the default specified in such notice within thirty days after receipt of such notice, each nondefaulting Party will have the right to terminate Agreement for Pass -Through Wastewater Service 4 this Agreement as of the date of the event of the default and/or pursue all other legal or equitable remedies. Each nondefaulting Party may employ attorneys to pursue its legal rights and, if it prevails before any court or agency of competent jurisdiction, the defaulting Party Will be obligated to pay all expenses i*ncurred by the nondefaultiong Pa i*ncluding reasonable 0 0attorneys' fees. In addition to all other remedies available to the Districts, if, for any reason, ESD No.violatesthis3 or the City any of Agreement, the D1 icts W1'11, after the noti*ce and opportuni'ty to cure period described above, have the ri"ght to di*sconnect the Pronerty froESDthe Di"s an ets' systems d to terminate this Agree ent if, in which event, Not 3 will be solely responsible for all actual costs and standard District fees related to disconnection from the Districts' systems. It Section 4. Severability. The provisions of this Agreement are severable, and I*f any '0 provision or part of thl's Agree ent or the appli*eati*on thereof to any person or circumstance is in0 ever be held by any court of competentjurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the agplication of such provision or part of this ,M.dk Agreement to other persons or circumstances will not be affected thereby. -2 14 ^ I 1 0 00QModifil.-A-,ti .on, This Agreement will be subject to change or modification Section 5 only with the mutual written consent of all Parties. Section 6. Assignability. This Agree ent ay not be ass'Oigned by ESD Noe 3 or the COVin i in whole or part, without the prior written consent of the Districts. Thl*s Agree ent ill W1be recorded 'in the 0 cial Publi'c Records of Willi*amson County, Texwill runwith the land comprising the Property, and will be binding upon and ionure to the benefit of the Pa es, thei*r respective successors and lnermi*tted assigns,occupantsand all future owners of any portion of the Property. ic .abl.eLaw. Se on 7. APPI*This Agreement will be governed by, and construed i"n It accordance with the laws of the State of Texas. All of the obligations contained. in this Agreement are performable in Williamson County, Texas. Section 8. Parties at Interest. This Agreement will be for the sole and exclusive benefit of the Parties hereto and Will never be construed to confer any benefit to any third party. it Section 9. Waiver. Each Party may specifically, but only in writing, waive any breach of this tlgreement by another Party, but no such waiver will be deemed to constitute a waiver of similar or other breaches by such other Party. Section to. Notices. All notices to the Districts will be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to. Siena Municipal Utility District No. i c/o Armbrust &Brown, PLLC Attn: Kevin M. Flahive too Congress Avenue, Suite i3oo Austin, Texas 787oi is Agreement for Pass -Through Wastewater Service 5 SiMunicipalena Utility District No. 2 c/o Armbrust &Brown, PLLC Attn. Kevin M. Flahive ioo Congress Avenue, Suite i3oo Austin, Texas 787oi with copies to, ATri1�TUSt & Brown, PLLC Attn. Kevin M. Flahive ioo Congress Avenue, Suite i3oo Austin, Texas 787oi All notices to ESD No. g will be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Williamson County Emergency Sem"ces Di*stri'eet No. 3 A ]atin. --* Chief 5oi Exchange Boulevard Hutto, TexasQ with a copy to., 0 The Carlton Law Firm, P.L.L.C. Attn: John J. Carlton 4goi Westbank Drive, Suite B-i3a Austin, Texas 78746 All notices to the City will be in writing and mailed by Certified Mail, Return Receipt Requested, 0 addressed to. City of Round Rock Attn: City Manager "O�221East Main Street Round Rock, Texas 78664 8 with a copy to: Sheets & C;rossfield, PLLC Attn: Stephan L. Sheets 3b9 East Main Street Round Rock, TX 78664 0 # Any Partymay change its address by mvi-ng written notice of such change to the o er Parties.%MR Section ii. Term. This Agreement in 11 be force and effect for a term of twenty years fro the Effective Date. Section i2. Effective Date. The effective date of this Agreement (the "Effective Date")will be the date that the Districts execute this Agreement after receipt of fully executed 10 original counterparts fro ESD No. 3 and the City, Agreement for Pass -Through Wastewater Senice 6 Section i3. Multiple Originals. This Agreementmay be executed in a number of counterpas,rteach of which will for all purposes, be deemed to be an original, and all such counterparts will together constitute and be one and the same instrument. including Section 1 Entire AVeement. This Agreement,4 Exhibits, constitutes the entire agreement of the Parties and supersedes all prior agreements and understandings related to the subject matter hereof. Section is. Authority. Each Party represents and warrants that it has the full right, power, and authority to execute this Ageeme and I related documents. Each person e ti*xecu ng thi*s instrument on behalf of a Party represe s that he or she is an to representative of and has the authority to sign this document on behalf the respective Party, [counterpart signature pages follow] Agreement for Pass -Through Wastewater Sen7ce 7 this IN VVr_EYNESS WHER_OF, the Part' have caused Agreement to be executed effective as of the Effective Date.. Lam 6_416Y _V_ "I SA �duas1�uen.;oors e , 'dent 46 oazl of Dire VIM Date:_�'��4i��_$ 0 ----------------- THE STATE OF TEXAS COUNTY OF TRAViS § 1 2 Thisinstrument was acknowledgedthe before me on��y of 2ozo, ---------- by DouglasKuenstler, Presi*dent of the Board of Di"rectors of Siena M nI cipal IM41ity District No. If1, on behof said District. (se 0 otary Public Si Agreement for Pass-ThrouWastewater Service 8 fiire aiLl Lem Board of Directors Date, ------ -------------- - - ------------------- / -------------------------- THIE STATE OF TEXAS COUNTY OF TR.AVIS NO.2 day fThis in.i ent w ac o e ged before e on the' . . . . . . . . .0 20209sbn Im wl dI- - ----------- 0 It by Jeff O'Jibway, President of the Board of Directors of Siena Municipal UtilityD. Let No. 2. on IF behalf of said District. (seal) Notary Public Signature �.�""'�a, ATANACIO C9 SERNA �za��""NotaryPublict Ststs of Texas °�� ��y NofComm* Expires 024%*2023 sA0 F sINotary ID 131910725 Agreement for Pass -Through Wastewater Service 9 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRIG"T NO.3, a political subdivision of the State of Texas By: Bill Brown, President Date, THE STATE OF TEXAS COUNTY OF t,� � § it 16 Board of Commissioners This instrumentacknowledgedwas before me the dnyfo bailli 2020, ��111111111111 ofby Bill B the Id filWilliamsonunt3&Emergencyrown, Presi'dent oll joloarlilf Commissioners oil'Co Services District No.9V000subdivisi*on, 3, a subdivision of the State of Texas,on behalf of said political n BUC"Ao%NAN �.�+Y����i,, MARY ANN !a, •• s (Si �Notery Public, State Of %xsS _' i ,°� Expires 04494*2024 �'�; comm.MooflNotafY ID1922502.10 ---- ------ ---------------- -- No blic Signature Agreement for Pass -Through Wastewater Senice r fe.ITV CITY OF ROUND ROCK, TEXAS IV Date, THE STATE OF TEXAS COUNTY OF Morgan, Craig Mayor This instrument was acknowledged before me on the day of - ---------- 12020, by Craig Morgan, Mayor of the City of Round Rock, Texas, on behalf of said City., (seal) Natary Public Signature Agreement for Pass -Through Wastewater Senice X-y aaLuagiagetitaiseMc2nalcW,-seed to; ;uawaa.z2v f EvELS696oMl .......... .... ... Mom :aYii: I ESM:3 ........ :.:.. Wasik, A"%' ftuft o. . go WPM ru ADA Gow am AMC dft Alt"Pl- -,, . *'- A.brpt°°'""41101 f4ollaaNx0a Ao .LI�iIOd �I�,LKMM j7RI.LSIQ E 04sryx IIT"B" FRURATA ALLOCATION Developer Interest Caicuattians Lot I ESD Site Series 2018 Bonds 3,77% Subtotal Section 1 Costs Completed 10d14 Assume 5l112020 aeries 2019 Bonds 3.39 % Subtotal Section 3 Costs Completed 8t18 Assume 5/112020 dose Total Developer '-Interest It CostsT I Construction rated share through Section I Pro-raied share through Section 3 67 months 21 months do Engineering and Testing 12°�6 consfirun costs Section t Section 3 Developer Inte,rest Section 1 S `on 3 A Per Total Costs Section Section 1 Section 3 Costs Costs $d.354_�d .AMIL M I& � Servicefor LOT - can c;#AmTotal Ccwt for Pass. Through Interest $125.d6 Interest 525225 53i7.72 596.44 S4.354.8d 571,52 $522.58 $125,46 $25225 $793.03 $5,129.67 C 5,922.70 (Woq6q Agreement for Pass-Throagh Wastewater Service Siena MUD I WW All don for Siena Commercial Abng CR 109 Segment MH ID Pipe Size Sbpe Unit Cost Siena l.ues Total is Sect ,can:rac: 12 o.s Line A sss Std fulFi 4 4,000.04 16000 Drop MH 1 40900,poo 49-WOO12 " 10w12' d p 616 37W�2792 12 " 12-14' deep 51 82.E 3162 12 " 1416' d P 50 fi8.4-0 340U ConnW, to Ex 1 198004,00 1800 trans, Safety 717 1 717 Adjust MH 5 10Q 50{} t 3 Contract Ors l.ins F 11 Std MH I 3,540.00 3500- 8 0.8°deep 154 32.E 4800 8 $-1Q' de8p 7QQ 34.00 3400 8" 10-12' d p 10Q 39.D[i 3900 Conned to Ex. 1 t,000.00 1Q0 Trench Safety 35t} 0.5 175 Adjust MH i 1t}Q 100 Total Costs 570,146.OQ Sect 3 Sect 1 Pro -Rated Costs 8" 4ine 12"Edna 9MOO Total PraRated Costs Lot I ESD 8 LUEs $d,354.&t $598.Q4 ;4,950.88 53,271.00 hM& 16,875.Q0