R-2020-0355 - 12/3/2020RESOLUTION NO. Rm202O=O355
W EREAS9the City of Round Rock ("City") has previ
ouslyentered into that certain
Wholesale Water Supply and Wastewater Collection and Treatment Agreement ("Original
Agreement") with R&R Mobile Joint Venture ("R&R"'),v9 and
WHEREAS, City and R&R entered into that certain First Amended and Restated Wholesale
Water Supply and Wastewater Collection and Treatment Agreement (The. "Amended Agreement") on
August 8, 201340 and
WHEREAS, City and R&R entered into that certain First Amendment to the Amended and
Restated Wholesale Water Supply and Wastewater Collection and Treatment Agreement (The
"Amended Agreement") on July 25, 2019,1@
and
WHEREAS, the City now wishes to make water available to R&R for fire protection, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor i*s hereby authorized and directed to execute on behalf of the City a Second
Amendment to the First Amended and Restated Wholesale Water Supply and Wastewater Collection
and Treatment Agreement with R&R Mobile Joint Venture, a copy of same being attached hereto as
Exhibit "A" andi"ncorporated 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
'P
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 reniired by the Open Meet*ngs Act,
Chapter 551, Texas Government Code, as amended.
0112/20202; 00460457
RESOLVED this 3rd day of December, 2020.
ATTEST:
!2� knt L
SARA L. WHITE, City Clerk
CRAIG MORG, Mayor
City of bound fock, Texas
2
EXHIBIT
„A„
SECOND AMENDMENT TO THE FIRST AMENDED AND RESTATED
WHOLESALE COLLECTION AND TREATMENT AGREEMENT
BETWEEN THE CITY OF ROUND ROCK, TEXAS
R&R MOBILE JOINT VENTURE
This SECOND AMENDMENT TO THE FIRST AMENDED AND RESTATED WHOLESALE
COLLECTION AND TREATMENT AGREEMENT BETWEEN THE CITY OF ROUND ROCK,
TEXAS AND R&R MOBILE JOINT VENTURE (the "Second Amendment") is dated and entered into as
of the _day of , 2020 by and between the City of Round Rock ("City") and R&R
Mobile Joint Venture ("R&R"'), a Texas joint venture,.
RECITALS
WHEREAS, on the 81 day of August, 2013, the City and R&R entered into that certain First
Amended and Restated Wholesale Collection and Treatment Agreement Between the City of Round Rock,
Texas and R&R Mobile Joint Venture (the "Agreement'); and
WHEREAS, on the 25th day of July, 2019, the City and R&R entered into that certain First
Amendment to the Amended and Restated Wholesale Water Supply and Wastewater Collection and
Treatment Agreement Between the City of Round Rock and R&R Mobile Joint Venture to allow R&R Joint
Venture to purchase one additional Service Unit; and
WHEREAS, the City and R&R now wish to amend the Agreement to provide for the City to make
water available to R&R for fire protection;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions
hereinafter set forth, City and R&R mutually agree as follows:
ARTICLE I
DEFINITIONS
1.01 All terms used herein shall have the meanings assigned to them in the Agreement, unless the context
clearly requires otherwise.
ARTICLE II
AMENDMENTS
2.01 The Agreement is hereby amended to by adding section 3.12 which shall read as follows:
3.12 Water for Fire Protection. The City agrees to make water available to R R
0
for fire Protectionpurposes,,R&R may connect to the Clety's watertransm1ss1on1i*neatthepoi*nts
4d6a2bf8-e9Ob-4765-befd-1cle9258lf2b
as depicted on Exhibit A. R&R shall bear all cost of the design and construction of necessary
transmission lines, fire hydrants, vaults, valves, meters, backflow prevention devices, and
appurtenances, required by R&R to access the City9 s water. The design and construction of the
iments shall be improven compliance with all applicable City ordinances and regulations and
subject to the inspection and approval of the City. After installation of the improvements, the City
shall own the improvements up to and including the two meters and shall be responsible for the
repair, maintenance, and replacement of same. The improvements downstream of the water meters
shall be owned, repaired, maintained and replaced by R&R. When the improvements are
completed by R&R and approved by the City, R R shall pay to the City a fee of $500 per month.
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In addition, for water taken by R&R. R&R shall be charged and 1"t shall pay for such water at the
volume charge for bulk use customers as provided 1"n the Round Rock Code of Ordinances, Chapter
44, Sec. 44M32 (b), as amended from time to time by the City Council.
ARTICLE III
MISCELLANEOUS
3.01 To the extent necessary to effect the terms and provisions of this Second Amendment, the
Aareement is hereby amended and modified. In all other respects, the aforesaid Agreement is hereby ratified
and confirmed.
3.02 This Second Amendment may be executed in counterparts, each of which shall be an original and
all of which together shall constitute buy one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be duly
executed as of the day and year first above written.
CITY OF ROUND ROCK, TEXAS
By0
:
Craig Morgan, Mayor
R R MOBILE JOINT VENTURE
By*0
R. Kip Lewis, its General Partner