Contract - Jonah Special Utility District (SUD) - 8/13/2020INTERLOCAL AGR.E.EMENT
FOR SERVICE AREA BOUNDARY ADJUSTMENT
AND TEMPORARY AND
EMERGENCY WATER SERVICE
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT FOR SERVICE AREA BOUNDARY ADJUSTMENT
AND TEMPORARY AND EMERGENCY WATER SERVICE (this "Agreement") is made and
entered into by and between the City of Round Rock, a Texas home rule municipal corp-oration
("Round Rock") acting by and through its duly authorized Mayor, and Jonah Special Utility
District, a Texas special utility district ("Jonah") acting by and through its duly authorized Board
President. Round Rock and Jonah are sometimes referred to herein as a "Party" or collectively as
"Parties."
RECITALS:
I Round Rock and Jonah each own and operate extensive water utility systems providing
water service to customers i*n Williamson County.
2. A significant portion of Round Rock's extraterritorial jurisdiction ("ETJ") i*s located within
the boundaries of Jonah's water service area.
3. Round Rock and Jonah believe that continued economic development i*s beneficial for the
citizens living in their jurisdictions.
4. Round Rock and Jonah believe that a reliable source of water is c0
ritical for continued
economic development.
5. Round Rock and Jonah recognize that having an interconnect between their two water
systems provides important benefits to both Parties.
6. Round Rock and Jonah recognize that substantial benefits may be derived from joint
cooperation with each other* n the planning, financing, construct ion and provisions of utilities in
the region served by the Parties.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Round Rock and Jonah hereby contract and agree as follows:
Jonah ILA for temp and emerg. water; clean draft; 07m 16-20 (004505 82)
ARTICLE I
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 Service Area Boundary Adjustment and
Temporary and Emergency Water Service by and Between City of Round Rock and Jonah
Special Utility District."
(b) Emergenc an Act of God or similar unforeseen and unpreventable catastrophic
circumstance or disaster that significantly affects either Party's ab*1ity to provide potable
water to its 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 by one Party to the
other Party for a temporary period only in the event of and for the duration of an
Emergency pursuant to the terms and conditions of this Agreement.
(d) MGDO million gallons per day.
(e) Point of Delivery: one or more points of interconnection to be mutually
determined by the Parties in the future,,
(fl Point of Delivery Meter: a meter located at a Point of Delivery to measure water
delivered from one Party to the other,,
(g) Service: either Temporary Service or Emergency Service
(h) Temporary Service: potable water service to be provided by Round Rock to Jonah
for the period of time defined below pursuant to the terms and conditions of this
Agreement.
(i) Volumetric Rate: the volumetric rate to be paid by either Party to the other Party
per 1,000 gallons of Water delivered through a Point of Delivery as consideration for the
provision of the Service.
(j) 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.
P)
ARTICLE II.
TERMS AND CONDITIONS
FOR TEMPORARY WATER SERVICE
2.01 Agreement to Provide Temporary Water Services. Subject to the terms and conditions
of this Agreement and the requirements of applicable law, Round Rock agrees to make available
Temporary Water Service to Jonah commencing upon the effective date of this Agreement and
terminating at I I .59pm, December 31, 2023.
2.02 Quality and Quantity of Temporary Water Service. Round Rock will sell to Jonah and
deliver Temporary Water Service, which will be supplied from Round Rock's water distribution
system as extended pursuant to this Agreement, to the Point of Delivery. Round Rock presently
has an adequate water supply with which to provide Temporary Water Service to Jonah at a flow
rate of 2,083 gallons per minute which equates to 3.0 million gallons per day; however, the
supply of water to Jonah may be reasonably limited by Round Rock on the same basis and to the
same extent as the supply of water to any other customers within Round Rock. Round Rock will
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provide potable water meeting the standards of the Texas Commission on Environmental Quality
for human consumption and other domestic uses at a minimum pressure of 35 psi at the Point of
Delivery.
ARTICLE III.
TERMS AND CONDITIONS
FOR EMERGENCY WATER SERVICE
3.01 Agreement to Provide Emergency Water Services. Subject to the terms and conditions*ons
of this Agreement and the requirements of applicable law, each Party agrees to make available
Emergency Services to the other Party for the term of this Agreement.
3.02 Emergency Service.
(a) In the event of an Emergency experienced by either Party, that Party may request the other
Party to provide Emergency Service at a Point of Delivery for a temporary period to assist the
Party in responding to such Emergency, and the Party receiving the request shall provide
Emergency Service subject to the following conditions:
(i) A good faith determination by the Party receiving the Request that a bona fide
Emergency as defined above exists and that delivery of Emergency Service to the other
Party will not endanger the public health, safety or welfare of its citizens and customers,*
(1*1*) Emergency Service will be Provided only for the shorter of the following periods:
1) the reasonable duration of the Emergency giving rise to the
request for Emergency Servl*cee
2) the reasonable duration needed to repair damage to the water
system caused by such Emergency;
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3) the duration of the Party's ability to provide Emergency
Service to the other Party, as reasonably determined by the Party
furnishing Emergency Service; or
4) two (2) weeks.
In the event that the Emergency exceeds the shortest of the foregoing periods, the
Party experiencing the Emergency may make written request to the Party to continue
Emergency Service beyond sa1*d1*nit1a1 period. The Party providing Emergency Service
may, continue or resume such Emergency Service for an additional period up to such
period as it shall determine appropriate and necessary, but only iff it determines in good
faith that the Emergency giving rise to the initial request for Emergency Service has not
been abated, that the Party receiving Emergency Service has exercised reasonable
diligence in attempting to remove the disability giving rise to the initial request for
Emergency Service, and that Water i*n excess of the needs of its customers continues to
be available to provide Emergency Service to the other Party.
3.03 Effect of Mandatory Water Conservation Measures. Notwithstanding anything herein
to the contrary,, the Parties agree that, if the Party providing the Emergency Service institutes
mandatory water conservation measures for its own customers, that Party may deny the other
Party's request for Emergency Service for the duration of the mandatory conservation measures
instituted by the Party providing the Emergency SeService.e,
ARTICLE IV.
CONNECTION FACILITIES, METERING AND RATES
4.01 Interconnect Facilities.
(a) The Parties agrees that the Point of Delivery will be near the Southwest corner of
the intersection of University Boulevard and County Road I 10 The approximate location of the
Point of Delivery is sh�c)on wn the sicetch attached as Exhibit "A".
(b) Round Rock shall design, construct, operate and maintain an extension of its existing
waterline along the South side of University Boulevard to the Point of Delivery at its sole cost and
expense.
(c) Jonah shall design, construct, operate and maintain an extension of the waterline
from the Point of Delivery through a road bore under County Road I 10 to a pressure reducing
valve/solenoid control valve assembly near the west right of way line of County Road I 10 and
before connection of the extension to Jonah's water transmission and distribution lines at its sole
cost and expense,,
(d) Round Rock shall also design, install, operate and maintain a meter vault, meter and
double check valve assembly at the Point of Delivery at its sole cost and expense,. Water delivered
through the Point of Delivery will be measured by the meter installed by Round Rock
2
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4.02 Ownership, Operation and Maintenance of Facilities.
(a) 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.
All 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.
(b) Each Party shall be solely responsible for design and construction of such
ito improvementsts water system as are necessary for the safe and efficient receipt, transportation,
storage and distribution of Water received from the other Party at the Point of Delivery. Neither
Party shall be responsible for any costs of the other Party related thereto, nor shall either Party be
liable for damages to the other Party 9 s water system or to the water facilities of the other Party's
customers arising from the distribution of Water received at the Point of Delivery hereunder.
4.03 Metering.
(a) The Parties acknowledge that during Temporary Service, Round Rock shall operate,,
maintain and read the Point of Delivery Meter to record all Water delivered under this Agreement.
During Emergency Service, the Party providing the water shall operate, maintain, and read their
respective meter.
(b) Each Party providing Service shall keep records of all measurements of Water
delivered to the other Party through the Point of Delivery as recorded by the meter at Point of
Delivery.
4.04 Calibration.
(a) Round Rock will calibrate the meter at the Point of Delivery annually, or more
frequently at the Jonah's request. Round Rock will provide Jonah with a copy of the calibration
report within ten (10) days of Round Rock's receipt of same. If Jonah requests calibration of the
meter more frequently than once every 12 months and, upon calibration, the meter proves to be
accurate, then the cost of the calibration will be borne by Jonah. If, as a result of any test, the meter
at the Point of Delivery 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 i*s definitely known or agreed upon.
(b) If the meter at the Po10 int of Delivery 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 i*s out of service or out of repair shall be estimated
and agreed upon by the Parties based upon 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:
(i) correcting the error if the percentage of the error is ascertainable by
calibration tests or mathematical calculation;
or
5
estimating the quantity of delivery by deliveries during the preceding
periods under similar conditions when the meter was registering accurately.
(C) If the meter at the Point of Delivery is consistently registering inaccurately, the
Round Rock shall repair, replace or rehabilitate the meter and bear all costs related thereto.
4.05 Connection Fee. Neither Party 41 40
is authorized to charge a connection fee, impact fee or type
of flee to recover capital costs to the other Party for the provision of Temporary Service or
Emergency Service under this Agreement.
4.06 Temporary Service Volumetric Rate. Jonah shall pay to Round Rock a volumetric rate
per 1,000 gallons of Water (the "Temporary Service Volumetric Rate") delivered through the Point
of Delivery before January 1, 2024. The Temporary Service Volumetric Rate shall be $3.14 per
1,000 gallons of water received by Jonah..
4.07 Emergency Service Volumetric Rate. In the event either Party provides Emergency
Service to the other Party, the Party receiving Emergency Service shall pay to the other Party a
volumetric rate per 1,000 gallons of Water (the "Emergency Service Volumetric Rate") delivered
through the Point of Delivery. The Emergency Service Volumetric Rate charged by the Party
providing Emergency Service shall be equal to the highest retail tiered -rate charged to the
providing Party's retail customers (whether residential or commercial).
4.08 Payment Terms.
(a) The Party providing Emergency Service shall, upon completion of Emergency
Service, submit to the other Party an itemized statement of the amount of Emergency Service
furnished,, as measured by the mater at the Point of Delivery, 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,
which due date shall comply with the Texas Prompt Payment Act.
b) 9
In the event that either Party fails to make timely payment i*n full by the due date,
then the other Party shall furnish a late notice to the Party that received Emergency Service. If
such Party does not provide payment within fifteen (15) days of receipt of the late notice, then the
Party 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.
(c) If any Party remains delinquent in any payments due hereunder for a period of sixty
(60) days, then the Party due payment may exercise any legal right or remedy to which i*t i*s entitled,
including termination of this Agreement.
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ARTICLE V.
SERVICE AREA AMENDMENT
5.01 As consideration for the provision of Temporary Service under this Agreement, the
Parties agree to amend their respective water service areas, including their Certificates of
Convenience and Necessity ("CCN"), if any, so that the boundary line between their service areas
from County Road 112 north to the City of Georgetown CCN boundary (CCN No. 123 69) will be
the west right of way line of County Road 110, as shown onExhl*b-I*t "B". Inaddi'Otion, the service
area boundary south of this location located near Highway 79 will also be amended as shown 1"n
Exhibit B.
ARTICLE VI.
GENERAL PROVISIONS
6.01 Term of Agreement. This Agreement shall be for an initial term of twenty (20) years from
the Effective Date. Upon the mutual consent of both Parties, the Agreement may be extended.
After the term for provision of Temporary Service under this Agreement has passed, either Party
may terminate Emergency Service under this Agreement by providing at least 120 days prior
noti
written ce to the other Party.
6.02 Authority. This Agreement is made pursuant to the authority conferred by VT,C,A,
Government Code, Chapter 791, and V.T.C.A. Local Government Code Secs. 402,001 and
402o0179
6.03 Payments from Current Revenues. All payments, if any, required to be made b Y a
governmental entity hereunder shall be payable from current revenues or other funds lawfully
available for such purpose.
6.04 Force Majeure. If, by reason of Force Ma*eure (as hereinafter defined), either 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 Maj*eure to
the other Party within a reasonable time after the occurrence thereof.
The obligations of the Party giving such notice, to the extent affected by such Force Maj*eure, shall
be suspended during the continuance of the inability claimed and for no loner riodand an
Q;P Y
such Party shall i*n good faith exercise its best efforts to remove and overcome such inability.
Payment obligations shall not be considered to be affected by Force Maj"eure,
The term "Force Maj*eure
915 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-* insurrections; riots;
epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other
natural disasters; arrests,*, restraint of government and people's 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.
6.05 Entire Agreement. This Agreement contains the
supersedes all prior or contemporaneous, understandings
40
ri wtten, respecting the subject matter hereof.
entire Agreement of the Parties and
and representations, whether oral or
6.06 Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each Party hereto.
6.07 No Amendment of Other Agreements. Unless otherwise expressly stipulated herein, this
Agreement i*s separate from and shall not constitute an amendment or modification of any other
agreement between the Parties.
6.08 No Third -Party Beneficiaries. This Agreement shall inure only to the benefit of the
Parties and third parties not privy to this Agreement shall not, in any form or manner, be considered
a third -party beneficiary of this Agreement.
6.09 Assignment. The rights and obligations of a Party arising under this Agreement shall not
be assignable.
6.10 Applicable Law. This Agreement shall be construed under and i*n accordance with Texas
law.
6.11 Venue,, Venue for any action arising hereunder shall be in Williamson County,, Texas.
6.12 Notices. Notices, provided hereunder shall be- sufficient i*f 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,
JONAH: Jonah Water Special Utility District
Attn: Bill Brown, General Manager
4050 FM 1660 (hand delivery)
P. O. Box 455 (mail)
Hutto, Texas 78634 Telephone: (512) 759-1286
Email0
: bbrown(&jonahwater.com
with copy to: John Carlton
2705 Bee Cave Road, Suite 200
Austin, Texas 78646
Telephone': (512) 614MO901
Email: john p ,carltonlawaustin.com
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ROUND ROCK: City of Round Rock
221 East Main
Round Rock, Texas 78664
Attn: City Manager
Telephone: (512) 218-5410
Email: cit managergroundrocktexas.gov
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Email: Steve a,scrrla.w.com
C�
6.13 Multiple Originals. This Agreement may be executed in multiple originals each of equal
dignity.
6.14 Effective Date. This Agreement shall be effective from and after the IS'A.
day of
LZA ALL AIUWA VV%R
2020.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and Jonah have
executed this Agreement as of the date(s) shown below.
(SIGNATURES ON FOLLOWING PAGES)
9
ATTEST:
City C erk
CITY OF ROUND ROCK:
By: A/*k )o /
Crailrmkrgyan, 4ayor
Date: 3 2020
ATTEST
ONAH SPECIAL UTILITY DISTRICT
Printed Name: William L. Brown
Title: General Manager
Date: 08/06/2020
EXHBIT "A"
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Date, 5/21 /2020