Contract - 4400 Sam Bass Road, LLC - 3/13/2025 OUT-OF-CITY WATER SERVICE AGREEMENT
THIS OUT-OF-CITY WATER SERVICE AGREEMENT ("Agreement"), is made and
entered by and between 4400 SAM BASS ROAD LLC, a Texas limited liability company,
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, 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 is the owner of record of the property located at 4400 Sam
Bass Road, Round Rock, Texas 78681 (the "Property"), being more particularly described in
Exhibit"A"which is hereby incorporated for all purposes; and
WHEREAS, the City has determined that it is desirable for the Property to receive water
service from the City notwithstanding the fact that the Property is outside the City's corporate
limits; 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 treatment and distribution 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 The Customer shall be required to own and install a standard water service line
and 3/4-inch domestic meter which will connect with the City's water system located as shown
in Exhibit `B". Prior to the installation, the Customer shall submit a detailed drawing prepared
by a licensed engineer in the State of Texas for review and approval by the City.
1.02 Customer shall grant the City the right of entry and access to Customer's private
water line attached to the City's water system at all times to inspect, to investigate the source of
operational or maintenance problems, to prevent or detect, minimize, or avert operational or
maintenance problems, or for any other purpose reasonable related to the provision of service
under this Agreement. The Customer will cooperate with the City to provide access for these
purposes, provided that the City provides Customer at least one working day's written notice or,
in the event of an emergency, prior notice by telephone or confirmed facsimile, of its need for
access.
1.03 The Customer shall be responsible for securing any rights required for the
Customer to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild,
repair, and remove the water service line and meter described in 1.01 and 1.02 above in, upon,
over, under, above and across any necessary areas of private property not owned by the
Customer or public property to connect to the City's water system.
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 services outside the city limits, a copy of such Sec. 4-80
being attached hereto as Exhibit "C," 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 Services
2.01 City agrees to sell Customer water service as required by Customer for domestic
use on an as needed basis for its business located on the Property.
2.02 The water service to be provided herein is for the Property as described in Exhibit
"A"and no other property.
2.03 Customer agrees to abide by all mandatory and voluntary use restrictions imposed
by the City on its own citizens.
Article III. Rates
3.01 Customer agrees to pay City for all fees charged and all water services provided
to Customer at the rates authorized by Chapter 44, Article II, Sec. 44-32, Code of Ordinances,
2018 Edition, City of Round Rock,Texas, as amended from time to time.
3.02 The City shall render a monthly bill to Customer for water services. Payment
shall be made no later than the sixteenth (16'') 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.
3.03 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.
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 treatment system, and for
conservation of water.
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4.02 Customer agrees to take all necessary precautions to maintain the sanitary
conditions of City's water supply system.
4.03 Customer agrees to pay a Water Impact Fee in the amount of Seven Thousand
Three Hundred and Sixty-Eight and 00/100 Dollars ($7,368.00) for 1.5 living unit
equivalents, and to pay all other fees applicable to water service.
4.04 Customer agrees and understands that the City's willingness to provide water
service to the Property is expressly contingent on the Property continuing to be used for its
current use. 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.
4.05 Customer agrees that it will comply with all of the City's ordinances regarding
subdivision, zoning, development, and building permits.
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.
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 service purchased herein to
anyone else.
7.02 Customer shall be permitted to assign its rights herein to a bona fide purchaser of
the Property as long as the intended use of the service and the Property remains the same.
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 to subdivision, zoning, development or building ordinances shall render
this Agreement voidable at the option of City.
[Signatures on the following page.]
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IN WITNESS HEREOF, the parties have executed this Out of City Water Service
Agreement in two (2) co me rts, each of which will be deemed an original on this the
11 day of 659 , 2024.
CUSTOMER:
4400 SAM BASS ROAD LLC
a Texas limited liability company
By:
Name: Sr*
Title: a C-ell'
CITY OF ROUND ROCK,TEXAS
By: 6 M /
Craig Morgan, ayor
Attes
AnrvV
ranklin, City Clerk
For City,Approved as to Form:
tep anie andre, City Attorney
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Exhibit"A"
(Property Description)
Being 1.89 acres of land out of the J.H. Dillard Survey, Abstract No. 179, Williamson County,
Texas, same being that certain E.D. Thomas and W.L. Thomas 1.887 acre tract recorded in
Volume 1361, Page 738 of the Official Public Records of Williamson County, Texas; and being
further described in the General Warranty Deed recorded in Document No. 2021171552 of the
Official Public Records of Williamson County,Texas.
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Exhibit`B"
(Water service connection line)
(Attached behind this page)
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Exhibit C
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/or reuse 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 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.
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(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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