Contract - City of Hutto - 6/11/2026 (2) Service Area Agreement
City of Hutto and City of Round Rock
Page 1 of S
SERVICE AREA AGREEMENT
This Service Area Agreement (the "Agreement") is by and between the City of Hutto,
("Hutto') and the City of Round Rock("Round Rock") (all the above are also sometimes referred to
herein collectively as the "Parties"or individually as a"Party").
RECITALS
WHEREAS, Hutto operates retail sewer utility that holds sewer Certificate of Convenience
and Necessity ("CCN")No. 20122 in Williamson County; and
WHEREAS, Round Rock operates a retail sewer utility that holds sewer CCN No. 20421 in
Williamson County;and
WHEREAS, Hutto and Round Rock 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 sewer 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 ("PUC"), are valid
and enforceable and are incorporated into the appropriate CCNs; and
WHEREAS,Hutto and Round Rock mutually desire to enter into this Agreement setting forth
the terms and conditions pursuant to which they will designate areas to be served and to request the
PUC to incorporate such designations into the above-identified sewer CCNs held by Hutto and Round
Rock;
NOW, THEREFORE, in consideration of the promises, mutual agreements, and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,Hutto and Round Rock hereby contract and agree as follows:
ARTICLE I
TERMS
1.1 Recitals. The recitals set forth above are incorporated herein, and shall compose
together with the terms agreed upon herein,the Agreement.
1.2 Term. This Agreement shall remain valid and enforceable until superseded by
subsequent written agreement,duly executed by Hutto and Round Rock,and approved Pulte in writing
(such approval not to be unreasonably withheld, conditioned or delayed).
1.3 Property Subject to the Agreement. The property subject to this Agreement is the
property identified as the"Transfer Area"as shown on Exhibit A.
Service Area Agreement
City of Hutto and City of Round Rock
Page 2 of 5
1.4 Transfer of Sewer Utility Service Area. Hutto consents and agrees to allow Round
Rock to provide retail sewer utility service within the Transfer Area.Round Rock consents and agrees
to provide retail sewer utility service within the Transfer Area.
1.5 Retail Service. Hutto hereby consents to Round Rock providing retail sewer service
to the Transfer Area during the pendency of the 13.248 Application. Round Rock hereby agrees to
provide retail sewer service to the Transfer Area during the pendency of the 13.248 Application.
1.6 Compensation. By separate agreement, Hutto and Round Rock entered into an
Interlocal Cooperation Agreement addressing compensation to be paid to Hutto related to Round
Rock's provision of retail sewer service to the Transfer Area.
1.7 PUC Approval. As soon as practical,but in no event later than ninety(90)days after
the Effective Date, the parties agree to jointly submit this Agreement to the PUC pursuant to Texas
Water Code § 13.248, along with a written petition as required by 16 Texas Administrative Code §
24.253 and such other documents that may be required in order to request approval of the transfers of
certificated service territories contemplated under Section 1.4 of this Agreement.In the event the PUC
does not authorize the transfer of certificated service territories so contemplated,or requires additional
evidence, documentation, maps, or action from the Parties, the Parties shall promptly and jointly
prepare and submit such cures or additional applications as may be necessary to attain PUC Approval.
ARTICLE II
MISCELLANEOUS
2.1 This Agreement shall be binding on Hutto and Round Rock, and shall be binding on
and inure to the benefit of the successors and assigns of the respective Parties to this Agreement.
2.2 This Agreement is the entire agreement between the Parties hereto with respect to the
subject matter hereof. No modifications of this Agreement shall be of any force or effect,whatsoever,
except as by subsequent modification in writing signed by the Parties.
2.3 The provisions of this Agreement shall be governed by and construed and entered in
accordance with the substantive laws of the State of Texas. Any action at law or in equity brought to
enforce any provision of this Agreement shall be brought in a court of competent jurisdiction with
venue in Williamson County, Texas.
2.4 The individuals executing this Agreement on behalf of the respective parties below
represent that all necessary and appropriate action has been taken to authorize the individual who is
executing this Agreement to do so for and on behalf of the party for which his or her signature appears,
that there are no other parties or entities required to execute this Agreement in order for the same to
be an authorized and binding agreement on the party for whom the individual is signing,and that each
individual affixing his or her signature is authorized to do so, and such authorization is valid and
Service Area Agreement
City of Hutto and City of Round Rock
Page 3 of 5
effective on the date hereof. If the authority of the individual executing this Agreement is subsequently
challenged, the party for which the individual was acting shall take all steps necessary to ratify the
authority of the individual.
2.5 This Agreement may be executed in multiple originals,either copy of which shall be
considered an original.
2.6 This Agreement shall be effective on the date of execution below,the latter of which
shall be the Effective Date.
2.7 No Party will be penalized for alleged authorship of a particular provision on judicial
construction of this Agreement.
2.8 No Party to this Agreement shall initiate any litigation or arbitration challenging the
validity or enforceability of any provision of this Agreement once it has been signed. The Parties
reserve only their right to enforce the terms of this Agreement to the extent they are not fully performed
by any other Party.
Service Area Agreement
City of Hutto and City of Round Rock
Page 4 of 5
EXECUTED AND AGREED TO by the Parties hereto this 7th day of May ,
2026.
City of Hutto
JlfmesL.Vrp, CPNdl
City Manager
7A
ZST
Laura Hallmark,City Secretary
Service Area Agreement
City of Hutto and City of Round Rock
Page 5 of 5
City of Round Rock
By: Al, �
Craig M rgan
Mayor
ATTEST
�0 rnkl ;n
Pr* ted Name
Siigy ature
l oma{ U C
Title
EXHIBIT "A"
Legal Description AARD
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING L9nd SurV9yh9
31.5437 ACRES (1,374,045 SQUARE FEET) OUT OF THE ROBERT Po Box 90876
MCNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, Austin,TX 78709
TEXAS,BEING ALL OF A CALLED 1.000 ACRE TRACT CONVEYED 512.554.3371
jward@4wardls.com
TO TRAVIS D. JOHNSON AND WIFE EDELGUNDE JOHNSON, www.4wardls.com
RECORDED IN VOLUME 812,PAGE 564 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), AND BEING ALL OF
A CALLED 31.172 ACRE TRACT ALSO CONVEYED TO TRAVIS D.
JOHNSON AND WIFE EDELGUNDE JOHNSON, RECORDED IN
VOLUME 663, PAGE 164 (D.R.W.C.T.), SAVE AND EXCEPT A
CALLED 0.660 ACRE TRACT CONVEYED TO THE CITY OF ROUND
ROCK IN DOCUMENT NO.2005064948 OFFICAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 31.5437
ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING,at an iron rod with illegible cap found at the southeast corner of said 0.660 acre tract,being
the east right-of-way line of Red Bud Lane, also known as County Road 122 (R.O.W varies) and on the
north line of Lot 1,Block 1 of the Greenfields Subdivision recorded in Cabinet D,Slide 166-167 of the Plat
Records of Williamson County, Texas(P.R.W.C.T.), same being the south line of said 31.172 acre tract,
for southwest corner hereof;
THENCE,with the east line of said 0.660 acre tract,being the east right-of-way line of said Red Bud Lane
and the west line hereof the following two(2)courses and distances:
1) NO2034'47"W, a distance of 436.18 feet to an iron rod with illegible cap found for an
angle point hereof,
2) Along the arc of a curve to the left, whose radius is 4550.00 feet, whose arc length is
335.05 feet and whose chord bears N04°40'01"W,a distance of 334.98 feet to an iron
rod with illegible cap found at the southwest end of a cutback at the intersection of the
east right-of-way line of said Red Bud Lane and the south right-of-way line of County
Road 123(R.O.W.varies)for an angle point hereof,
THENCE, with the said cutback, N44026134"E, a distance of 61.73 feet to an iron rod with
illegible cap found on the south right-of-way line of said County Road 123 for the northwest corner
hereof,
THENCE, with the south right-of-way line of said County Road 123 and the north lines of said 31.172
acre tract and said 1.000 acre tract,the following seven(7)courses and distances:
1) S83044'32"E,a distance of 793.10 feet to a'/2"iron pipe found for the northwest corner
of said 1.000 acre tract and an angle point hereof,
2) S83046'14"E, a distance of 188.%feet to an iron rod with illegible cap found for an
angle point hereof,
3) S84°02'55"E,a distance of 19.90 feet to a'h"iron pipe found for the northeast corner
of said 1.000 acre tract and an angle point hereof,
4) S83°54'13"E, a distance of 230.93 feet to an iron rod with illegible cap found for an
angle point hereof,
5) S84°29'37"E, a distance of 389.09 feet to an iron rod with illegible cap found for an
angle point hereof,
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6) S89006'13"E, a distance of 153.69 feet to an iron rod with illegible cap found for an
angle point hereof,
7) N86055'47"E, a distance of 169.17 feet to a calculated point for the northeast corner
of said 31.172 acre tract, being the northwest corner of Oak Bluff Estates- Phase 2, a
subdivision recorded in Cabinet F, Slide 253-259 (P.R.W.C.T.), and being the
northeast corner hereof,
THENCE, leaving the south right-of-way line of said County Road 123,and with the west line of
Block A of said Oak Bluff Estates—Phase 2, being the east line of said 31.172 acre tract and the
east line hereof, S0203511011E,a distance of 622.48 feet to a%"iron rod found on the west line of
Lot 11, Block A of said Oak Bluff Estates-Phase 2, at the northeast corner of Lot 12, Block 2 of
said Greenfields Subdivision and the southeast corner of said 31.172 acre tract and hereof,
THENCE,with the north line of Block 2 and Block 1 of said Greenfields Subdivision and the south
line of said 31.172 acre tract, S89011'34"W, a distance of 1960.15 feet to the POINT OF
BEGINNING,and containing 31.5437 Acres(1,374,045 Square Feet)more or less.
NOTE:
All bearings are based on the Texas State Plane Coordinate System, Grid North, Central Zone (4203), all
distances were adjusted to surface using a combined scale factor of 1.000115421038. See attached sketch
(reference drawing:00643_update.dwg)
OF T
� Sr£ F
�,` 7/27/2021 �P y
Jason Ward,RPLS#5811 JASON WARD
4 and Land Surveying,LLC 5811
'L�FESS
SUR
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