Contract - Joseph and Stephanie Claypool - 11/17/2022 OUT-OF-CITY WATER AND WASTEWATER SERVICE AGREEMENT
THIS OUT-OF-CITY WATER AND WASTEWATER SERVICE AGREEMENT
("Agreement"), is made and entered by and between JOSEPH CLAYPOOL AND STEPHANIE
CLAYPOOL, with a mailing address of 1700 County Road 467, Elgin, Texas 78621, collectively
referred to herein as the "Customer," and the CITY OF ROUND ROCK, TEXAS a home-rule
municipality located in Williamson and Travis Counties, State of Texas,with office located at 221
East Main Street, Round Rock, Texas, 78664 referred to herein as the "City." The Customer and
the City are hereinafter referred to collectively as "the Parties," or individually as a"Party."
RECITALS:
WHEREAS, the Customer owns property at 20 Tate Lane, Round Rock, Texas 78665
(collectively the "Property") as legally described and shown in the attached Exhibit "A,"
incorporated herein by reference for all purposes, and
WHEREAS, the City has determined that it is desirable for the parties for the Property to
receive water and wastewater service from the City notwithstanding the fact that the Property is
outside the City's corporate limits, and
WHEREAS,the City does not have an existing Out-of-City Water and Wastewater Service
Agreement with the Customer to provide water and wastewater to the Property, and
WHEREAS, the Customer and the City desire to enter into this Agreement to formalize
the terms by which the City will provide water and wastewater service to the Property, and
WHEREAS, the Customer and the City desire to enter into this Agreement to formalize
the terms by which the City will provide 20.6 living unit equivalents of water and wastewater
service to the Property to serve a residential development, and
WHEREAS, pursuant to the Zoning and Development Code, Chapter 4, Article VI, Sec.
4-80, Code of Ordinances (2018 Edition), City of Round Rock, Texas, the City Council hereby
determines that there is adequate capacity of water and wastewater treatment services available for
the purpose of servicing Customer without impairing services within the City, NOW,
THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, and the covenants and agreements hereinafter contained to be kept and
performed by the respective Parties hereto, it is agreed as follows:
Article I. Customer's Obligations Under this Agreement
1.01 Customer shall be required to install a public water and wastewater line to the
Property and shall be responsible for the design and construction of the water and wastewater line
and obtaining the necessary easements for the water and wastewater line.
4869-4162-8214/ss2
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1.02 Customer shall be required to obtain a permit from the City's Planning and
Development Services Office for the construction of the water and wastewater line and pay all
associated fees.
1.03 Customer shall construct the water and wastewater line in compliance with the
City's Code of Ordinance.
1.04 Customer shall comply with all requirements of the Zoning and Development Code,
Chapter 4,Article VI, Sec. 4-80, Code of Ordinances (2018 Edition), City of Round Rock, Texas,
regarding the furnishing of water and sewer services outside the city limits, a copy of such Sec. 4-
80 being attached hereto as Exhibit`B,"incorporated herein by reference. Failure to comply with
any of these requirements shall give the City the option of terminating this Agreement.
1.05 Customer agrees that in the event the Property becomes contiguous with the City
limits of Round Rock,Texas, and meets all requirements of annexation,the owner of the Property
shall immediately apply for annexation into the City and cooperate fully with the annexation of
the Property into the City and any zoning requirements of the City.
Article II. Provision of Water and Wastewater Services
2.01 City agrees to sell Customer water and wastewater service as required by Customer
for domestic use on an as needed basis for the Property.
2.02 The water and wastewater service to be provided herein is for the Property as
described in Exhibit"A" and no other property.
Article III. Rates and Fees
3.01 Prior to connecting to the City's water and wastewater system, Customer agrees to
pay City a one-time water and wastewater connection fee of $124,279.80 and any associated
inspection fees. Any additional service resulting from future additions built on the Property shall
require Customer to pay additional impact fees in accordance with Zoning and Development Code,
Chapter 4,Article VI, Sec. 4-82, Code of Ordinances (2018 Edition), City of Round Rock, Texas,
and as may be amended from time to time.
3.02 Customer agrees to pay City for all water and wastewater services provided to
Customer at the rate authorized by Chapter 44, Article II, Sec. 4-34, Code of Ordinances (2018
Edition), City of Round Rock, Texas, as amended from time to time, applicable to customers
located outside the corporate limits of the City.
3.03 The City shall render a monthly bill to Customer for water and wastewater services.
Payment shall be made no later than the sixteenth (10h) day following the mailing of the bill.
Failure by Customer to make a payment when and as specified will give the City the option to
terminate all obligations of the City under this Agreement.
3.04 Customer shall be subject to the penalty provisions for late payment as now exist
in Chapter 44, Code of Ordinances (2018 Edition), City of Round Rock, Texas, and as may be
amended from time to time.
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Article IV. Compliance with Ordinances
4.01 Customer agrees to comply with all of City's ordinances as they now exist or may
be amended from time to time regarding the sanitary use of the water and wastewater treatment
system.
4.02 Customer agrees to pay the one-time water and wastewater connection fee as set
forth in Sec. 3.01 above and to pay all other fees applicable to the water and wastewater service.
4.03 Customer agrees and understands that the City's willingness to provide water and
wastewater service to the Property is expressly contingent on the Property being used for a
residential development. Customer shall not change or expand the existing uses without the
express written consent of the City, which may be withheld for any reason. Any change or
expansion of uses without the consent of the City will give the City the option of terminating this
Agreement.
Article V. Force Majeure
5.01 In the event either Party is rendered unable, wholly or in part, by force majeure to
carry out any of its obligations under this Agreement, then the obligations of that Party, to the
extent affected by the force majeure and to the extent that due diligence is being used to resume
performance at the earliest practicable time, shall be suspended during the continuance of the
inability. The cause, as far as possible, shall be remedied with all reasonable diligence. The term
"force majeure"includes acts of God, strikes, lockouts or other industrial disturbances, acts of the
public enemy, orders of the government of the United States or the State of Texas or any civil or
military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil
disturbances, explosions,breakage or accidents to equipment,pipelines,or canals,partial or entire
failure of water supply, and any other inabilities of either Party, whether similar to those
enumerated or otherwise,that are not within the control of the Party claiming the inability and that
could not have been avoided by the exercise of due diligence and care. It is understood and agreed
that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having
the difficulty and that the requirement that any force majeure be acceding to the demands of the
opposing party if the settlement is unfavorable to it in the judgment of the Party having the
difficulty. Force majeure shall relieve City from liability to Customer for failure to provide water
service due to an inability covered by this article. Force majeure shall not relieve Customer of its
obligation to make payments to City as provided in this Agreement.
Article VI. Term
6.01 The term of this Agreement shall be for a term of twenty (20) years from the date
hereof,unless terminated earlier pursuant to section 1.01.
6.02 This Agreement shall become null and void upon the annexation of the Property by
the City.
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Article VII. Miscellaneous Provisions
7.01 Customer is prohibited from selling or giving water or wastewater service
purchased herein to anyone else.
7.02 Customer shall be permitted to assign its right herein to a bona fide purchaser of
the Property as long as the intended use of the service and the Property remains the same or similar.
7.03 This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and any and all actions brought to enforce the terms of this Agreement shall be
brought in Williamson County, Texas.
7.04 This Agreement shall be binding upon and inure to the benefit of the Parties hereto
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
where permitted by this Agreement.
7.05 In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof,and this Agreement shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
7.06 This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
7.07 The violation by Customer of any of City's ordinances related to the use or
disposition of water or wastewater shall render this Agreement voidable at the option of City
IN WITNESS HEREOF,the parties have executed this Out of City Water and Wastewater
Service Agreement in two (2) counterparts, each of which will be deemed an original on this the
day of , 2022.
1 i+-= NOV
[Signatures on the following page.]
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CUSTO
By: 7
J aIrpool
By: . `, p �nJiRr��
Stephanie Claypool
Customer's Address:
Joseph and Stephanie Claypool
1700 County Road 467
Elgin, Texas 78621
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CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan, Mayor
Attest:
Meagan Spq
s, C ity Clerk
For City, Approved as to Form:
epha ie L. Sandre, City Attorney
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EXHIBIT A
PROPERTY DESCRIPTION
7
R'225.14 LEGAL DESCRIPTION:
SUBJECT TRACT I R522533 16 WILLIS DONAHO JR.SURVEY
ag��g R522515 R522534 ' �Sgg. ABSTRACT No. 173(2.00 AC)
R522516, rs- ALSO KNOWN AS:
• RS2'251'� vi ZIARI ADDITION,LOT 4
R055319 w t 125 6 (AN UNRECORDED SUBDIVISION)
tit �,. •. J R`2 1� \ 31
i�:� SQ6 v PARCEL TAX ID:
lb
• ' ��225 p \� �� ! a o R055326
- R055326 = . + R511409 tih�� J H ENTITY:
o v, a - Q' ryeyh JOSEPH&STEPHANIE CLAYPOOL
w R402453 h h h' ADDRESS:
20 TATE LN
ROUND ROCK,TEXAS 78665
o� REQUESTED LUEs:
/ ` �n �: 20.6 LUEs
Y ,4t.R05531
LAND USE:
j R05531 j C 'QS o9eS RS ". .. RESIDENTIAL
R055325 .2, 1�! • . ,Q �09 ?q0j
• '�p n �' •` � 'psi oy S??r� , "15123 96 28- TINY HOMES
1 - EX.SINGLE FAMILY HOME
ca
� o s
CLAYPOOL SITE EXHIBIT
NTS
�,b RRETf VVAELTZ&PRETE, INC.
CIVIL ENGINEERS
0 211 N.A.W.GRMES BLVD.
ALL INFORMATION FURNISHED REGARDING THIS PROPERTY IS FROM SOURCES DEEMED RELIABLE. i ROUND ROCK,TX.78665
HOWEVER,WAELTZ&PRETE, INC.HAS NOT INDEPENDENTLY VERIFIED ANY OF THESE SOURCES. NO �y(fN"N�E�S PH(512)5058953
WARRANTY OR GUARANTEE IS MADE BY WAELTZ&PRETE,INC.AS TO THE ACCURACY. THE INFORMATION FIRM TX.REG.#F-10308
SHOWN IS CONCEPTUAL IN NATURE AND DOES NOT REPRESENT ANY REGULATORY APPROVAL.
EXHIBIT B
Zoning and Development Code, Chapter 4, Article VI, Sec. 4-80
Sec. 4-80. - Furnishing of water, reuse water, and sewer services outside city limits.
(a) Conditions under which city services will be provided. The city shall furnish water, sewer and/or reuse
water services to residential and commercial users located outside the city limits only upon the
following conditions:
(1) Adequate capacity exists. There is adequate capacity of city services available for the purpose of
servicing residential and commercial users outside the city without impairing services within the
city. Whether such adequate capacity exists shall be determined solely by the city council, and
the determination of the city council shall be final.
(2) Owners outside city limits to bear costs of lines and furnish easements.The construction costs of
water,sewer and/or reuse water lines and appurtenances which serve residential and commercial
users outside the city limits shall be paid for by the owner, developer, or political entity requesting
the service. Such owner, developer, or political entity shall also furnish suitable construction and
permanent easements and rights-of-way for utility lines.
(3) Construction to conform to city standards.All design and construction shall be in accordance with
city standards and specifications.
(4) New subdivisions to comply with subdivision regulations. New subdivisions recorded after the
date of passage of this section desiring city water,sewer and/or water reuse services shall comply
with the subdivision regulations of the City of Round Rock, Texas, in effect at the time such new
subdivision is approved. Existing subdivisions whose plats were recorded with the County Clerk
of Williamson County, Texas, at the time of the passage of the original Ord. No. 269 (January 8,
1976) can be furnished with water and sewer services without the necessity of having sanitary
sewer collection and treatment facilities.
(5) City to have right of review. The city shall have the right to review and approve all plats and plans
and inspect and approve all water, sewer and/or reuse water construction within subdivisions
where water, sewer, and/or reuse water service is to be provided.
(6) Water and sewer facility requirements. Except as provided in subsection (4) of this section, all
residential and commercial users shall have sanitary sewer collection and treatment facilities.
Water will not be provided to residential and commercial users who utilize septic tanks save and
except water can be provided to subdivisions whose plats were recorded with the County Clerk
of Williamson County, Texas, at the time original Ord. No. 269 was adopted (January 8, 1976).
(7) Water, sewer, and/orreuse water lines to meet ultimate requirements of city.Where water,sewer,
and/or reuse water lines and appurtenances are extended outside the city limits, the lines shall
be sized to serve the ultimate requirements of the city.
(8) Extended lines to be designed and inspected by city's engineer. All water, sewer, and/or reuse
water lines and appurtenances extending from existing city facilities to any tract of land outside
the city limits requesting water, sewer, and/or reuse water service shall be designed and
inspected by the city's engineer. The owner, developer, or political entity requesting the service
shall pay for these services in keeping with the current contract between the city and the engineer
employed by the city.
(9) City may reimburse owner for oversized lines. Where the size of the water, sewer, and/or reuse
water lines required to meet the ultimate requirements for the city is larger than eight inches and
the total capacity is not required to serve the tract of land to be developed, the city may enter into
a contract with the owner, developer, or entity constructing the lines for reimbursement for the
excess capacity as other users request and are granted service. The developer or entity
requesting service from an existing line shall pay a tap fee on a pro rata basis, as hereinafter set
forth. The reimbursement to the owner, developer, or entity who paid for the line construction
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shall be made only from those tap fees paid to the city by users of the facility paid for by the said
owner, developer, or entity.
(10) Pro rata basis for tap fee. The pro rata basis for the tap fee shall be computed based upon the
required demand for use and the fire protection as specified by the engineering criteria approved
by the city's engineer. The basis for cost shall be the actual total cost of the facility plus five
percent (5%) interest. The total cost shall include, but shall not be limited to, construction costs,
engineering costs, and inspection costs.
(11) Wholesale bulk rate sales of water. Facilities constructed and paid for by another public entity or
facilities which will later be acquired by a public entity may be owned, operated, and maintained
by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk
rate. The city shall own, operate, and maintain all other facilities.
(b) Rates. The rates paid by residential and commercial users located outside the city limits for the use of
the water, sewer, and/or reuse water facilities of the city shall be in accordance with sections 44-32,
44-33, and 44-34 of the Code of Ordinances.
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