R-2026-087 - 4/9/2026 RESOLUTION NO. R-2026-087
WHEREAS, the City of Round Rock ("City") is the holder of water CCN #11047 from
the Public Utility Commission of Texas ("PUC"), for the provision of retail water service to
certain areas in and about Williamson County, Texas; and
WHEREAS, Jonah Water Special Utility District ("Jonah") is the holder of water CCN
#10970 from the PUC, for the provision of retail water service to certain areas in and about
Williamson County, Texas; and
WHEREAS, the boundaries of the City CCN and the Jonah CCN are adjacent to one
another; and
WHEREAS, Jonah wishes to alter the boundaries of its CCN by decertifying and
transferring an area (the "Transfer Area") contained within the boundaries of the Jonah CCN to
the City, so that such area is removed from the Jonah CCN and added to the City CCN; and
WHEREAS, City wishes to alter the boundaries of its CCN by amending the boundaries
of its CCN to include the Transfer Area; and
WHEREAS, the City Council desires to enter into an agreement with Jonah regarding said
transfer, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Retail
Water Certificate of Convenience and Necessity Service Area Transfer Agreement with Jonah Water
Special Utility District, a copy of same being attached hereto as Exhibit "A" and incorporated 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
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 required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 9th day of April, 2026.
CRAIG ORG , Mayor
City of Itound ck, Texas
Aa:,
AA FRANKLIN, City Clerk
2
EXHIBIT
A
TEXAS WATER CODE SECTION 13.248 -RETAIL WATER CERTIFICATE
OF CONVENIENCE AND NECESSITY SERVICE AREA TRANSFER
AGREEMENT
This TEXAS WATER CODE SECTION 13.248 - RETAIL WATER CERTIFICATE OF
CONVENIENCE AND NECESSITY SERVICE AREA TRANSFER AGREEMENT (this
"Agreement") is entered into by and between JONAH WATER SPECIAL UTILITY DISTRICT,
("Jonah")and CITY OF ROUND ROCK("Round Rock"),individually a"Party"and collectively,
the"Parties".
RECITALS
WHEREAS, Jonah is a special utility district, a political subdivision of the State of Texas,
operating under Chapter 65 of the Texas Water Code("TWC")and the holder of water Certificate
of Convenience and Necessity ("CCN") No. 10970 (the "Jonah CCN"), authorizing Jonah to
provide retail water service to certain areas in Williamson County;
WHEREAS,Round Rock is a home rule municipal corporation and the holder of water CCN
No. 11047 (the "Round Rock CCN"), authorizing Round Rock to provide retail water service to
certain areas in Williamson County;
WHEREAS,the Jonah CCN borders the Round Rock CCN along the northeast area of Round
Rock's Extraterritorial Jurisdiction("ETJ");
WHEREAS, Round Rock and Jonah find it mutually advantageous to amend their respective
CCN service area boundaries by agreement pursuant to Texas Water Code § 13.248, in order to
achieve and maintain efficient and affordable retail public water service to their respective customers;
and
WHEREAS,pursuant to Texas Water Code § 13.248, contracts between retail public utilities
designating areas to be served, when approved by the Public Utility Commission of Texas("PUC"),
are valid and enforceable and are incorporated into the appropriate CCNs; and
WHEREAS,Round Rock and Jonah mutually desire to enter into this Agreement setting forth
the terms and conditions pursuant to which they will designate areas and customers to be served and
to request the PUC to incorporate such designations into their CCNs;
WHEREAS, Round Rock desires to become the sole retail water service provider to the
property within the approximately 76-acre area shown on the maps attached as Exhibit A and
incorporated herein by this reference (the "Transfer Area"), and has existing facilities near the
Transfer Area;
WHEREAS, Jonah previously provided service to a portion of the Transfer Area, but the
connection is no longer active or in service;
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 1
WHEREAS,Jonah has an existing 16-inch water line and appurtenances within an easement
on the Transfer Area property;
WHEREAS, the existing 16-inch water line, appurtenances, and easement shall remain
Jonah's property and remain in place on the Transfer Area property;
WHEREAS, as of the Effective Date, there are no active retail water customers in the
Transfer Area;
WHEREAS, the Board of Directors of Jonah Water Special Utility District and the Round
Rock City Council each considered and approved this Agreement at meetings conducted in
compliance with the Texas Open Meetings Act; and,
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and confessed,the Parties hereto agree as follows:
ARTICLE I
TERMS
1.1 Recitals. The recitals herein set forth above are incorporated into the Agreement for all
purposes and are found to be true and correct.
1.2 Exclusive Agreement. This Agreement is an exclusive,one-time agreement between Jonah
and Round Rock and the intent of the Agreement is to commence the regulatory process to transfer
a portion of the Jonah CCN to the Round Rock CCN in order for Round Rock to provide retail
water service to future customers in the Transfer Area.
1.3 Transfer of the Transfer Area. In accordance with Section 13.248 of the Texas Water
Code, but at all times subject to the terms and conditions of this Agreement and approval of the
Public Utility Commission of Texas (the "PUC"), Jonah hereby agrees to the reduction and
modification of the boundaries of the Jonah CCN to transfer the Transfer Area portion of the Jonah
CCN shown in Exhibit A. In accordance with Section 13.248 of the Texas Water Code, but at all
times subject to the terms and conditions of this Agreement and the approval of the PUC, Round
Rock hereby agrees to the expansion and modification of the boundaries of the Round Rock CCN
to include the Transfer Area shown in Exhibit A. Other than the transfer of the Transfer Area from
the Jonah CCN to the Round Rock CCN, no other changes to the Jonah CCN or the Round Rock
CCN shall result from this Agreement.
1.4 Consideration. Jonah and Round Rock agree that no compensation shall be due and owing
between Round Rock and Jonah in conjunction with such transfer,since no real or personal property
of either party within the Transfer Area is being transferred as part of this Agreement or is being
affected by such transfer.
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 2
1.5 Round Rock's Obligation to Serve. Upon PUC approval of the transfer of the Transfer
Area to the Round Rock CCN, Round Rock shall be responsible for providing retail water service
to the Transfer Area under such terms and conditions as are allowed under the Round Rock CCN
and any applicable governmental statutes and regulations.
1.6 No Jonah Obligation to Serve. Upon PUC approval of the revisions to its CCN boundary
removing the Transfer Area from the Jonah CCN, Jonah shall have no obligation to provide retail
water service to the Transfer Area.
ARTICLE II
NOTICE
2.1 Notice. The Parties contemplate that they will engage in informal communications with
respect to the subject matter of this Agreement. However, any formal notices or other
communications ("Notice") required to be given by one Party to another by this Agreement shall
be given in writing addressed to the Party to be notified at the address set forth below for such Party
by: (i)delivering the same in person, (ii)depositing the same in the United States Mail, certified or
registered, return receipt requested, postage prepaid, addressed to the Party to be notified, (iii)
depositing the same with FedEx or another nationally recognized courier service guaranteeing"next
day delivery," addressed to the Party to be notified, or(iv) if an email address is provided in this
Section, sending the same by electronic mail with confirming copy sent by mail. Notice deposited
in the United States mail in the manner herein above described shall be deemed effective from and
after the date reflected on the return receipt. Notice given in any other manner shall be effective
only if and when received by the Party to be notified as reflected by a written receipt or
confirmation. For the purposes of notice,the addresses of the Parties,until changed as provided in
Section 2.2 of this Agreement, shall be as follows:
Jonah: Jonah Water Special Utility District
4050 FM 1660
Hutto, Texas 78634
Attention: Bill Brown, General Manager
With required copy to: John Carlton
The Carlton Law Firm,P.L.L.C.
4301 Westbank Drive, Suite B-130
Austin, Texas 78746
Email: john@,carltonlawaustin.com
Round Rock: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Attention: City Manager
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 3
With required copy to: Stephanie Sandre
City Attorney
Sheets& Crossfield, PLLC
309 East Main Street
Round Rock, TX 78664
Email: stephanie@scrrlaw.com
2.2 Change of Address for Notice. A Party may change its address for Notice by giving Notice
of such change to the other Party in the same manner as described in Section 2.1 of this Agreement.
ARTICLE III.
MISCELLANEOUS
3.1 Governing Law. This Agreement shall be governed, construed, and interpreted in
accordance with the laws of the State of Texas. All acts required or permitted to be performed
hereunder are performable in Williamson County, Texas, and it is agreed that any civil action
brought to enforce or construe the terms or provisions hereof or to enjoin or require the performance
of any act in connection herewith, shall be brought in a court of competent jurisdiction sitting in
Williamson County, Texas. It is agreed that any administrative law action brought to enforce or
construe the terms or provisions hereof or to enjoin or require the performance of any act in
connection herewith, shall be brought at the PUC or its successor agency.
3.2 Severability. In the event 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 hereof, and this Agreement shall
be construed as if such invalid, illegal,or unenforceable provision had never been contained herein.
3.3 Unintended Omission. If any punctuation,word, clause, sentence, or provision necessary
to give meaning, validity, or effect to any other word, clause, sentence, or provision in this
Agreement is omitted, then it is hereby declared that such omission was unintentional and that the
omitted punctuation,word, clause, sentence, or provision shall be supplied by inference.
3.4 Limitation of Liability. In no event shall either Party or any of its respective officers,
directors,members,partners, shareholders,employees,agents or affiliates be liable for any special,
indirect,non-compensatory,consequential, incidental,punitive or exemplary damages of any type,
including lost profits, loss of business opportunity or business interruptions irrespective of whether
such damages are reasonably foreseeable or whether such claims arise in contract, tort (including
negligence, whether sole,joint, or concurrent or strict liability) or otherwise, arising out of this
Agreement.
3.5 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement,
the Parties shall comply with all applicable statutes and regulations of the PUC, the United States,
and the State of Texas, and any rules implementing such statutes or regulations.
3.6 Amendment. This Agreement shall not be amended except by written instrument signed
by all Parties to this Agreement.
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 4
3.7 Time. Time is of the essence in all things pertaining to the performance of this Agreement.
3.8 Authority for Execution. Jonah hereby certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with the laws,
regulations, and statutes applicable to the district. Round Rock hereby certifies, represents, and
warrants that the execution of this Agreement is duly authorized and adopted in conformity with
the laws,regulations,and ordinances applicable to the city. Copies of such laws for both Jonah and
Round Rock are attached hereto under Exhibit B, incorporated herein by this reference, consisting
of a copy of the meeting agenda and minutes for the meeting during which this Agreement was
discussed and affidavits attesting to the date of those meetings.
3.9 Entire Agreement. This Agreement and the attached Exhibits,which are incorporated into
this Agreement by reference,reflect the entire agreement among the Parties pertaining to the subject
matter hereof and supersede all prior and contemporaneous agreements and understandings of the
Parties in the connection herewith.
3.10 Multiple Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original,and which may be transmitted electronically,and all of which
together shall be construed as one and the same instrument.
3.11 Assignment. This Agreement may not be assigned by any Party,except by the prior written
consent of the other Party.
3.12 Effective Date. The effective date of this Agreement is the latest date accompanying the
signatures below.
IN WITNESS WHEREOF, the Parties approved and executed this Agreement to be effective on
the Effective Date.
[Remainder of page left blank. Signature pages to follow]
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 5
JONAH: JONAH WATER SPECIAL UTILITY DISTRICT,
a Special Utility District of the State of Texas
Date:
By:
William L. Brown
General Manager
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me the day of
, 2026, by William L. Brown, General Manager of the Jonah Water
Special Utility District,on behalf of the District.
(seal)
Notary Public State of Texas
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 6
ROUND ROCK: CITY OF ROUND ROCK,TEXAS
a Texas Home Rule Municipal Corporation
Attest: Date:
By:
Ann Franklin Craig Morgan
City Clerk Mayor
Approved as to form:
Stephanie Sandre
City Attorney
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me the day of ,2026,by Craig
Morgan,Mayor of the City of Round Rock, Texas, a home rule Municipal Corporation, on behalf of
the City.
(seal)
Notary Public State of Texas
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 7
EXHIBIT A
TRANSFER AREA MAPS
(NOTE: May be updated to meet PUC mapping requirements)
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 8
EXHIBIT B
PROOF OF NOTICE OF TWC SECTION 13.248 AGREEMENT
Index:
1. Affidavit,Agenda, and Minutes of Board of Directors of Jonah Water Special Utility District
2. Affidavit, Certified Agenda, Resolution, and Minutes of City Council Meeting, City of Round
Rock
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 9
AFFIDAVIT OF WILLIAM L. BROWN
(JONAH WATER SPECIAL UTILITY DISTRICT)
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
On this day, William L. Brown appeared before me, the undersigned notary public, and after I
administered an oath to him,upon his oath,he said:
1. "My name is William L. Brown. I am the General Manager of Jonah Water Special Utility
District. I am more than 21 years of age and capable of making this affidavit("Affidavit").
I have personal knowledge of the facts stated herein, which are true and correct.
2. 1 am employed as the General Manager of Jonah Water Special Utility District and
coordinate on water utility issues directly with my colleagues at the Jonah Water Special
Utility District who prepare and post notices of Board of Director Agendas prior to Board
of Director meetings in accordance with the Texas Open Meetings Act.
3. I have prepared this affidavit to address Public Utility Commission Rule 24.253(c)(3) in
support of Jonah Water Special Utility District's joint petition with City of Round Rock
filed under Section 13.248 of the Texas Water Code requesting approval of the Texas Water
Code Section 13.248—Retail Water Certificate of Convenience and Necessity Service Area
Transfer Agreement("CCN Transfer Agreement"),which is effective as of the day
of , 2026.
4. I am aware of Public Utility Commission Rule 24.253(c)(3)which requires that'[i]f notice
was provided in accordance with paragraph (1) or(2)of this subsection, both parties to the
contract under this section shall ensure that the following are filed with the commission: an
affidavit attesting to the date that notice was provided and copies of the notice that was sent.'
Both Parties are complying with paragraph (2) of Rule 24.253(c) by submitting with our
petition their respective meeting agendas and meeting minutes,which reflect our respective
notices to the public and action taken regarding our above-referenced CCN Transfer
Agreement.
5. By this affidavit,I am attesting to the date that the Jonah Water Special Utility District notice
was provided and am attaching a copy of that notice-specifically, the Jonah Water Special
Utility District's publicly noticed agenda for its meeting held on the day of
, 2026, beginning at 12:00 PM as well as the minutes of that meeting
showing the action taken to approve the CCN Transfer Agreement. I am personally aware
that this notice was timely posted in advance of the meeting, in accordance with the Texas
Open Meetings Act.
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 10
6. This affidavit is also filed in accordance with Texas Rules of Evidence 803(6)and 902(10)
to ensure this attached notice/agenda and minutes are helpful to the Administrative Law
Judge and admissible,as necessary. These attachments are an exact duplicate of the original
records, and are true and correct copies of the notice/agenda and minutes. It is the regular
practice of the Jonah Water Special Utility District to make and/or maintain these types of
records, or to incorporate into Jonah Water Special Utility District's records, at or near the
time of each act, event, condition, or opinion set forth in the records, or reasonably sooner
thereafter. It is the regular practice of Jonah Water Special Utility District for these types
of records to be made by, or from information transmitted by, persons with knowledge of
the matter set forth in them, or to incorporate those documents into Jonah Water Special
Utility District's records. It is the regular practice of Jonah Water Special Utility District to
make, keep or incorporate these types of records in the course of regularly conducted
business activity.
7. There are no current retail water customers within the CCN Transfer Area."
By:
William L. Brown, General Manager of Jonah
Water Special Utility District
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was sworn to and acknowledged before me on the day of ,
2026 by William L. Brown, General Manager of Jonah Water Special Utility District, on behalf of
the District.
(seal) Notary Public, State of Texas
AFFIDAVIT OF
(City of Round Rock,Texas)
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
On this day, appeared before me,the undersigned notary public, and after 1
administered an oath to him,upon his oath, he said:
1. "My name is . I am the of for the City
of Round Rock, Texas. I am more than 21 years of age and capable of making this affidavit
("Affidavit"). I have personal knowledge of the facts stated herein,which are true and correct.
2. I am employed as the of for the City of Round Rock and
coordinate on water utility issues directly with my colleagues at the City of Round Rock who
prepare and post notices of City Council Agendas at least 72 hours prior to City Council
meetings in accordance with the Texas Open Meetings Act.
3. I have prepared this affidavit to address Public Utility Commission Rule 24.253(c)(3) in
support of the City of Round Rock's joint petition with City of Jonah filed under Section
13.248 of the Texas Water Code requesting approval of the Parties'Texas Water Code Section
13.248 Retail Water Certificate of Convenience and Necessity Service Area Transfer
Agreement ("CCN Transfer Agreement'), which is effective on the day of
,2026.
4. I am aware of Public Utility Commission Rule 24.253(c)(3) which requires that '[i]f notice
was provided in accordance with paragraph (1) or (2) of this subsection, both parties to the
contract under this section shall ensure that the following are filed with the commission: an
affidavit attesting to the date that notice was provided and copies of the notice that was sent.'
Both Parties are complying with paragraph (2) of Rule 24.253(c) by submitting with our
petition their respective meeting agendas and meeting minutes, which reflect our respective
notices to the public and action taken regarding our above-referenced CCN Transfer
Agreement.
5. By this affidavit, I am attesting to the date that the City of Round Rock notice was provided
and am attaching a copy of that notice-specifically, the City of Round Rock City Council's
publicly noticed agenda for its meeting held on the day of , 2026,
beginning at PM as well as the minutes of that meeting showing the action taken
to Approve the CCN Transfer Agreement. I am personally aware that this notice was timely
posted in advance of the meeting, in accordance with the Texas Open Meetings Act.
6. This affidavit is also filed in accordance with Texas Rules of Evidence 803(6) and 902(10)
to ensure this attached notice/agenda and minutes are helpful to the Administrative Law Judge
and admissible, as necessary. These attachments are an exact duplicate of the original
records, and are true and correct copies of the notice/agenda and minutes. It is the regular
practice of the City of Round Rock to make and/or maintain these types of records, or to
incorporate into City of Round Rock's records, at or near the time of each act, event,
condition,or opinion set forth in the records,or reasonably sooner thereafter. It is the regular
practice of the City of Round Rock for these types of records to be made by, or from
information transmitted by, persons with knowledge of the matter set forth in them, or to
incorporate those documents into the City of Round Rock's records. It is the regular practice
of the City of Round Rock to make, keep or incorporate these types of records in the course
of regularly conducted business activity.
7. There are no retail water customers within the CCN Transfer Area."
By:
City of Round Rock, Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was sworn to and acknowledged before me on the day of ,
2026 by , City of Round Rock,Texas.
(seal) Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
I, , City Clerk for the City of Round Rock,Texas,am the legal custodian of the
City's files and records. I hereby certify that the attached are true,accurate and complete copies of
the City of Round Rock,Texas' instruments and records as those instruments and records are filed
in the official records of the City of Round Rock, Texas, specifically consisting of the certified
agenda for the City of Round Rock, Texas City Council meeting held on the day of
2026 beginning at P.M. and the signed and approved
minutes of that meeting.
By:
Ann Franklin,City Clerk,City of Round Rock,Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was sworn to and acknowledged before me on the_ day of ,
2026 by Ann Franklin, City Clerk, City of Round Rock,Texas.
(seal) Notary Public, State of Texas
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 15
[INSERT ROUND ROCK CITY COUNCIL MINUTES OR RESOL UTION]
Texas Water Code Section 13.248—Retail Water Certificate of Convenience
And Necessity Service Area Transfer Agreement(Jonah/Round Rock) 16