Contract - Brushy Creek Municipal Utility District - 1/27/2022 (2) WASTEWATER SERVICE AREA TRANSFER AGREEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This WASTEWWATER SERVICE AREA TRANSFER AGREEMENT (this "Agreement') is
entered into by and between Brushy Creek Municipal Utility District, a conservation and reclamation
district of the State of Texas created and operating pursuant to Chapters 49 and 54 of the Texas Water Code
(the"District")and City of Round Rock,Texas, a home rule municipality (the"ftty")to be effective as
of the last date of execution below("Effective Date"). The District and the City are each referred to herein
as a"Par "and are collectively referred to herein as the"Parties."
Recitals
WHEREAS,the City is the holder of Water Certificate of Convenience and Necessity No. 11047
and Sewer Certificate of Convenience and Necessity No. 20421 (the"City Sewer CCN');and
WHEREAS the District is the holder of Water Certificate of Convenience and Necessity No.
11773 and Sewer Certificate of Convenience and Necessity No. 20592(the"District Sewer CCN");and
WHEREAS, Texas Water Code ("TLC) §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;and
WHEREAS, it has been determined that the District provides wastewater service to that certain
real property more particularly described as Lots 1 and 2, Block "A", KING OF KINGS ADDITION, a
subdivision in Williamson County,Texas according to the map or plat thereof recorded in Cabinet N,Slides
53-55, Plat Records, Williamson County, Texas (the "Transfer Tract"), but the Transfer Tract is located
within the City Sewer CCN area;and
WHEREAS,King of Kings Lutheran Church of Round Rock,Texas("Customer')owns a church
that is located within the Transfer Tract, and Customer desires that the District provide retail wastewater
service to the church,and supports the proposed transfer of the retail wastewater certificated service rights
for the Transfer Tract from the City Sewer CCN to the District Sewer CCN;and
WHEREAS, the Parties desire to transfer the retail wastewater certificated service rights for the
Transfer Tract from the City Sewer CCN to the District Sewer CCN in accordance with the terms of this
Agreement.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein
contained and other good and valuable consideration,the receipt and sufficiency of which is acknowledged
by both Parties, it is agreed as follows:
R- 2022 -n 3-5 1
I.
Transfer of Sewer CCN Territory
1. Purpose. This Agreement shall be a"contract"designating areas and customers to be served by
the Parties in accordance with TWC § 13.248.
2. Transfer. Subject to PUC approval,the portion of the City Sewer CCN that overlaps the Transfer
Tract is hereby transferred from the City Sewer CCN to the District Sewer CCN; and the Parties hereby
agree to the modifications of the boundaries of their respective sewer CCNs accordingly.
3. PUC Application. The District agrees to take all necessary steps and pay all costs to prepare,file,
and advance the application at the PUC to transfer the Transfer Tract from the City Sewer CCN to the
District Sewer CCN. The City agrees to cooperate with the District in advancing such application should
the need arise.
4. Service Obligations.
a. The Parties agree that upon PUC approval of the application to transfer the Transfer Tract
from the City Sewer CCN to the District Sewer CCN, the City shall have no obligation to provide retail
wastewater service to the Transfer Tract.
b. The Parties agree that the Transfer Tract is located within the certificated water service
territory of the City. Nothing in this Agreement shall change the certificated water service rights of either
Party, and the City shall continue to provide retail water service to the Transfer Tract in accordance with
its Water CCN and City policies.
5. No Customers Transferred. Although the Transfer Tract is located within the City Sewer CCN,
the Parties agree that as of the Effective Date,the District provides wastewater service to Customer and to
the Transfer Tract. As a result,the approval of this.Agreement by PUC will not transfer Customer,or any
other customers, from the City to the District and instead, will allow the District to continue to provide
sewer service to an existing customer. Although Customer is not a party to this Agreement,Customer has
executed the Acknowledgement attached hereto to evidence its consent to transfer of the certificated
wastewater service rights from the City Sewer CCN to the District Sewer CCN.
II.
Water Usage Data and Disconnection for Nonpayment
6. Billine and Collection Services. From and after the Effective Date, the District shall be
responsible for billing and collecting payment from Customer for retail sewer service furnished by the
District to the Transfer Tract.
7. Water Usaae Information. Within ten(10)days after the Effective Date of this Agreement,the
City shall furnish to the District the water consumption data for the Customer for each month for the 12-
month period preceding the Effective Date. Thereafter,the City agrees to furnish to the District each month,
at no cost to the District,the water consumption data of Customer for the preceding monthly consumption
period. The City agrees to furnish to the District a copy of Customer's retail water bill within 72 hours
after it is sent to Customer. The bill shall be sent electronically by the City to the District at the following
email address of the District:
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+a kN I�J� Q \ ,
NEED EMAIL ADDRESS
The District may also request a copy of Customer's water usage data for any period from time to time by
making such a request for such data to the following email address of the City:
ubmemt6Droundrocktexas.2ov
The City shall furnish the requested data at no cost or expense to the District within 72 hours after receipt
of the request.
Either Party may change its email addresses by providing electronic notice thereof to the other Party,or by
providing notice in accordance with the procedures set forth in Section 1 l below.
8. Delinquency/Disconnection. If at any time the Customer fails to pay any amounts payable to the
District under the District's Rate order(including delinquent fees,if any)and upon receipt of written request
from the District, the City shall terminate water utility services to the Customer in accordance with the
procedures specified by applicable law and the City's ordinances then in effect. The City shall never be
obligated to bring any legal action, use any outside debt collection service, or take any other action other
than termination of water service in its ordinary course of business as a means of collecting moneys owed
to the District for wastewater services provided by the District to Customer.
9. Reconnection. In the event water service is disconnected for nonpayment of sanitary sewer service
charges,except as otherwise required by law or as agreed to by the District,the City shall not provide water
services to Customer until the District's receipt of payment of all delinquent sanitary sewer charges, plus
any applicable late charges and disconnect fees that are then collectible in accordance with the District's
rules,policies and Rate Order. Upon receipt of payment of the delinquent charges,the District shall notify
the City accordingly, which shall reconnect water service in accordance with its standard operating
procedures.
10. Fees. Commencing upon the Effective Date, the District agrees to pay to the City its standard
service trip charge for each disconnection and reconnection of service performed as a result of nonpayment
of sewer charges owed to the District. This charge shall not be applicable for the termination of service by
the City if service would otherwise be terminated for nonpayment for water service. The District shall
provide payment of this fee within thirty(30)days after receipt of a written invoice from the City.
11. Termination. Either Party may terminate the terms of Article II of this Agreement by providing
not less than ninety(90)days prior written notice of such termination to the other Party.
III.
Miscellaneous
12. Term. This Agreement shall continue in effect for ten(10)years from the Effective Date or until
it terminates prior thereto according to its terms. This Agreement shall automatically renew for successive
terms of ten(10)years unless either Party provides written notice of nonrenewal to the other Party not later
than ninety(90)days before the expiration of the then current term.
13. Applicable Law. This Agreement shall be governed by, and construed in accordance with, the
Constitution and laws of the State of Texas.
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14. Entire Agreement. This Agreement reflects the entire agreement between the Parties regarding
the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings,
both written and oral, between the Parties with respect to the subject matter hereof.
15. Notices. All notices and correspondence pertaining to the Agreement shall be in writing delivered
by hand or certified mail, return receipt requested and postage prepaid,or by nationally recognized courier
service, and shall be addressed as follows, unless a Party notifies the other in accordance with this Section
of a change of address or other information provided herein:
If to the City:
City Manager
City of Round Rock
221 E. Main St.
Round Rock, Texas 78664
If to District:
General Manager
Brushy Creek Municipal Utility District
16318 Great Oaks Drive
Round Rock,Texas 78681
Notice shall be effective only upon receipt by the party being served, except notice shall be deemed
delivered and received seventy-two(72)hours after posting by the United States Post Office,by the method
described above.
16. Successors and Assigns. This Agreement shall bind the Parties and their legal successors, but
shall not otherwise be assignable by any Party without prior written consent of the other Party.
17. Venue. Actions taken by either Party in connection with this Agreement shall be deemed to have
occurred in Williamson County,Texas.
18. Recitals. The above recitals are true and correct and are incorporated into this Agreement for all
purposes.
19. Multiple Originals. This Agreement may be executed in 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.
20. Authority. The Parties represent that the individuals named below are duly authorized to execute
this Agreement on behalf of their respective Party.
21. 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 each Party is entering
into this Agreement in reliance upon the enforceability of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the
Effective Date.
BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT
c
By:h.a
Name: l
Title:
Date:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of I4cmf ,
2022, by ,R_V&VX LAtVfX of Brushy Creek Municipal
Utility District,a conservation and reclamation district of the State of Texas on behalf of said district.
9z'/Z'— ���
Notary Public—State of Texas
[SEAL]
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CITY OF ROUND ROCK
By:
11A It A 0r
Name:
Title:
Date:
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instru ent was acknowledged before me on the � day of
2022, by a,(,jpr of the City of Round Rock, a
Texas home rule icipality,A behalf of said murdcipality.
X CA-44M-fl
C H F '�i, Notary Public— to of Texas
[SEAL] ;c�P.o�P ��`•. �,
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ACKNOWLEDGEMENT BY CUSTOMER:
KING OF KINGS LUTHERAN CHURCH OF
ROUND ROCK, TEXAS, a Texas nonprofit
corporation
By: r r
Name:
Title:
Date: C; ! C� f 2-2—
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the 9 M day of �Glit,Q
2022, by ]��rvC#A�-SJIr, � ofKing of Kings Lutheran
Church, a Texacorporation, on behalf o sai corporation.
BETH GALISTE Notary Public–State of Texas
[SEAL]
My Notary ID#131715134
-;•�.+�
Expires September 10,2022
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. r
lw-ruphy Creek
Municipal Utility District
June 21, 2022
Attn: Megan Spinks
City Clerk- Yd Floor
221 East Main Street
Round Rock, Texas 78664
Dear Ms. Spinks:
Per your request enclosed is a copy of the fully executed Resolution No R-2022-033 which
approved the Wastewater Service Area Transfer Agreement.
Respectfully,
Grace Nobles
Administrative Assistant
Brushy Creek Municipal Utility District
16318 Great Oaks Drive.
Round Rock,TX 78681