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R-03-03-06-9B2 - 3/6/2003\TNS 1 EAD March 11, 2003 VIA HAND DELIVERY Stephan L. Sheets SHEETS & CROSSFIELD PC 309 East Main Street Round Rock, TX 78664 Dear Steve: Enclosed please fmd three originals of the Pass - Through Service Agreement. Please have the City sign in the spaces indicated and retum to me at your earliest convenience. If you have any questions, please call me. tm Enclosures AUSTIN_I\210228 \I 19239 -5 03/11/2003 SUITE 800 100 CONGRESS AVENUE AUSTIN, TEXAS 78701 PH 512.474,4330 FAX 512.370.2850 WINSTEAD.COM Yours truly, Philip S. Haag WINSTEAD SECHREST A MmnCK Attorneys and Caanselors A Professional Corporation direct dial: 512.370.2862 phaag @winstead.com Austin, Dallas, Port Worth, Houston, Mexico City, The Woodlands, Washington DC albs-0 R . STATE OF TEXAS COUNTY OF WILLIAMSON § 1.1 155255 -2 01/31/2003 PASS - THROUGH SERVICE AGREEMENT C Opy This Pass - Through Service Agreement ( "Agreement ") is between Meadows at Chandler Creek Municipal Utility District (the "District "), a political subdivision of the State of Texas created and operating Chapters 49 and 54 of the Texas Water Code, and the City of Round Rock, Texas (the "City "), a home -rule municipality, to set forth the terms and conditions on which the City will be permitted to pass water through certain District water distribution facilities for the purpose of providing water service to serve the tract of land, adjacent to the boundaries of the District, which is more particularly described on the attached Exhibit "A" (the "Rhodes Tract "). KB Home Lone Star, L.P. ( "KB "), a Texas limited partnership, is executing this Agreement for purposes of acknowledging its agreements under Section 2.2 hereof. WHEREAS, the District receives its potable water supply from the City and therefore, the District's water distribution facilities are connected to the City's water system, and WHEREAS, KB previously constructed, on behalf of the District, a 12 -inch water main in Champion Drive, extending from an existing 16 -inch line in Old Settler Boulevard to the Rhodes Tract boundary (the "Champion Drive Line "), which line was oversized by KB, at the request of the City, from an eight -inch line, as originally proposed for service to the District, to a 12 -inch line, in order to provide capacity in the line for the City to serve the Rhodes Tract; and WHEREAS, the District is willing to allow the City to utilize the capacity created by the oversizing of the Champion Drive Line to provide water service to the Rhodes Tract on the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements of the parties contained in this Agreement, the District and the City agree as follows: I. LAND TO BE SERVED Area to Be Served. The City may provide pass - through water utility service only to customers within the Rhodes Tract and no other properties may be connected to the District's water utility system without a further written agreement between the City and the District. 1.2 Agreement for Pass - Through Service. Subject to the terms of this Agreement, the District agrees that the City may connect to the District's water distribution system at the point of intersection of the Champion Drive Line with the boundary of the Rhodes Tract and at the existing six -inch line in Aransas Cove, as shown on the construction plans for the Rhodes Subdivision approved by the City, for purposes of allowing the City to provide water service water to customers within the Rhodes Tract. 13 Level and Quantity of Service to the Land. Unless otherwise agreed by the City and the District in writing, the pass - through water service provided to the City under this Agreement will be limited to a maximum of 114 living unit equivalents. II BILLING, FEES AND CHARGES 2.1 Billings. The customers who receive service from the City under this Agreement will be direct City retail water customers for all purposes, and will be subject to all applicable policies and ordinances of the City. The City will collect all applicable water community impact fees and will generate retail water billings for the services provided to the customers within the Rhodes Tract, and will be solely responsible for collecting its billings from the customers. 2.2 Payment to District. In consideration of the District's agreement to provide pass - through water service under this Agreement, KB acknowledges and agrees that the sum of $22,620.00 of the cost of the Champion Drive Line will not be reimbursed to KB by the District. It is agreed that this reduction reflects the cost of the portion of Champion Drive Line that will be utilized to provide service for the Rhodes Tract, as contemplated by Section 54.519, Texas Water Code. In addition to such reduction in reimbursement, KB agrees to pay to the District the sum of $3,802.00 in legal and engineering fees incurred by the District in negotiating this Agreement. 155255 -2 01/31/2003 III. GENERAL PROVISIONS 3.1 Authority. This Agreement is made under the authority of Chapter 791 of the Texas Government Code and Section 54.218 of the Texas Water Code. 3.2 Term and Effective Date. This Agreement will be effective upon the date of execution of this Agreement by both parties and will expire upon the date the District is annexed to the City. 3.3 Severability. If a court or governmental agency of competent jurisdiction holds any word, phrase, clause, sentence, paragraph, section or other portion of this Agreement invalid, the remainder of this Agreement will not be affected by that holding and this Agreement will be construed as though the invalid portion was not included. The provisions of this Agreement are expressly deemed severable for this purpose. 3.4 Payments from Current Revenues. Any payments required to be made by any governmental entity under this Agreement will be payable from current revenues or other funds lawfully available for such purpose. 3.5 Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior or contemporaneous understandings or representations, whether oral or written, respecting the subject matter. 3.6 Amendments. Any amendment of this Agreement must be in writing and will be effective only if signed by the authorized representatives of the District and the City. 2 3.7 Assignment. The rights and obligations under this Agreement are not assignable without the prior written consent of the parties to this Agreement. 3.8 Applicable Law and Venue. This Agreement will be construed in accordance with Texas Law. Venue for any action arising under this Agreement is in Williamson County, Texas. 3.9 Notices. Unless otherwise provided, any notice given under this Agreement must be in writing, and may be given by depositing it in the United States Mail, postage paid, certified, and addressed to the party to be notified, with retum receipt requested; by depositing it with a courier service, with appropriate proof of receipt by the party to be notified; or by sending it by telefax (subject to electronic confirmation) with confirming copy sent by mail, to the parties at the addresses specified below: District: The Meadows at Chandler Creek Municipal Utility District c/o Phil Haag Winstead Sechrest & Minick 100 Congress Avenue, Suite 800 Austin, Texas 78701 Either party may change its respective for the purpose of notice by giving at least five days notice of the new address to the other party. 3.10 Exhibits. The attached Exhibit "A" is incorporated into this Agreement by reference for all purposes. 3.11 Counterparts; Authority. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument Each party to the Agreement represents and warrants that it has the full right, power, and authority to execute this Agreement. 3.12 Effective Date. This Agreement will be effective from and after the date of due execution by all parties. 3.13 Interpretation Each party to this Agreement has fully participated in the negotiation, formulation, drafting, and approval of this Agreement. Therefore, if there is any ambiguity, the provisions of this Agreement will not be construed for or against any particular party to this Agreement by reason of authorship. 155255 -2 01/31/2003 City: City of Round Rock c/o Steve Sheets City of Round Rock 221 E. Main Street Round Rock, Texas 78664 3 ATTEST: Name: Title: 155255-2 01/31/2003 THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT By: Name: Title: Date: 4 ATTEST: AGREED AS PROVIDED IN SECTION 2.2: KB HOME LONE STAR, LP By: KBSA, Inc., a Texas corporation, its general partner By: 155255 -2 01/31/2003 ame: 9oM(w1 it . oAbw►!s`�K.t_ Title: bssks il ze 7 By: / :�,r� Title: M Cu i or Date: .340 -(?1 CITY O R 5 II DiIIIII From: Christine Martinez Sent: March 11, 2003 9:42 AM To: Danny Heiden Cc: Latha Kumar Subject: Agenda Item 9B2 for 3 -6 -03 Danny: We need to send out the Pass- Through Service Agreement with the Meadows at Chandler Creek MUD to get a signature for our files and do not have a contact name or address. Please provide that info so we can get it in the mail. Thanks, Christine Sue Brooks Littlefield From: Haag, Phil [PHaag @winstead.com] Sent: Thursday, March 20, 2003 4:20 PM To: Sue Brooks Littlefield Subject: Meadows at Chandler Creek MUD /City of Round Rock Sue: Please consider this my request and authorization for your office to have the Pass - Through Agreement between the City, the Meadows at Chandler Creek MUD and KB Home picked up from the City and delivered to me as the attorney for the District. If anyone needs to contact me further, I can be reached at 370 -2862. Thank you. INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE AND MAY CONTAIN LEGALLY PRIVILEGED AND /OR CONFIDENTIAL INFORMATION. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE PERMANENTLY DELETE THIS MESSAGE AND IMMEDIATELY NOTIFY US BY TELEPHONE. 1 Mayor Nyle Maxwell ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. March 20, 2003 Council Members Alan McGraw Carne Pia Enclosure Scot Knight Isabel Callahan Gary Coe City Manager Jim Nuse City Attorney Stephan L. Sheets Mr. Philip Haag Winstead Sechrest 86 Minick 100 Congress Avenue, Suite 800 Austin, TX 78701 Dear Mr. Haag: The Round Rock City Council approved Resolution No. R- 03- 03 -06- 9B2 at their regularly scheduled meeting on March 6, 2003. This resolution approves a Pass - Through Agreement with the Meadows at Chandler Creek Municipal Utility District (MUD) to provide water to the Rhodes Subdivision. Enclosed is a copy of the resolution and three original agreements. Please have all three agreements signed, and return one original executed contract to me. If you have any questions, please do not hesitate to call me at 218 -5401. Sincerely, Sherri Monroe Mayor Pro-tem Tom Nielson Assistant City Secretary CITY OF ROUND ROCK Administrative Dept., zzi East Main Street Round Rock. Texas 78664 Phone: Siz•2t8.5400 - Fax: 512.218.7097 • www.ci.round -rock. tx.u5 RESOLUTION NO. R- 03- 03- 06 -9B2 WHEREAS, the City of Round Rock desires to enter into a Pass - Through Agreement with the Meadows at Chandler Creek Municipal Utility District to provide water to the Rhodes Subdivision, 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 Pass- Through Agreement with the Meadows at Chandler Creek Municipal Utility District to provide water to the Rhodes Subdivision, a copy of said agreement 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 6th day of March, 2003. ATTEST: CCII CHRISTINE R. MARTINEZ, City Secreta N WELL, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON This Pass - Through Service Agreement ( "Agreement ") is between Meadows at Chandler Creek Municipal Utility District (the "District"), a political subdivision of the State of Texas created and operating Chapters 49 and 54 of the Texas Water Code, and the City of Round Rock, Texas (the "City "), a home -rule municipality, to set forth the terms and conditions on which the City will be permitted to pass water through certain District water distribution facilities for the purpose of providing water service to serve the tract of land, adjacent to the boundaries of the District, which is more particularly described on the attached Exhibit "A" (the "Rhodes Tract "). KB Home Lone Star, L.P. ( "KB "), a Texas limited partnership, is executing this Agreement for purposes of acknowledging its agreements under Section 2.2 hereof. WHEREAS, the District receives its potable water supply from the City and, therefore, the District's water distribution facilities are connected to the City's water system; and WHEREAS, KB previously constructed, on behalf of the District, a 12 -inch water main in Champion Drive, extending from an existing 16 -inch line in Old Settler Boulevard to the Rhodes Tract boundary (the "Champion Drive Line "), which line was oversized by. KB, at the request of the City, from an eight -inch line, as originally proposed for service to the District, to a 12 -inch line, in order to provide capacity in the line for the City to serve the Rhodes Tract; and WHEREAS, the District is willing to allow the City to utilize the capacity created by the oversizing of the Champion Drive Line to provide water service to the Rhodes Tract on the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements of the parties contained in this Agreement, the District and the City agree as follows: 1.1 Area to Be Served. The City may provide pass - through water utility service only to customers within the Rhodes Tract and no other properties may be connected to the District's water utility system without a further written agreement between the City and the District. 1.2 Agreement for Pass - Through Service. Subject to the terms of this Agreement, the District agrees that the City may connect to the District's water distribution system at the point of intersection of the Champion Drive Line with the boundary of the Rhodes Tract and at the existing six -inch line in Aransas Cove, as shown on the construction plans for the Rhodes Subdivision approved by the City, for purposes of allowing the City to provide water service water to customers within the Rhodes Tract. 155255 -2 01/31/2003 PASS - THROUGH SERVICE AGREEMENT L LAND TO BE SERVED EXHIBIT 2 1.3 Level and Quantity of Service to the Land. Unless otherwise agreed by the City and the District in writing, the pass- through water service provided to the City under this Agreement will be limited to a maximum of 114 living unit equivalents. H. BILLING, FEES AND CHARGES 2.1 Billings. The customers who receive service from the City under this Agreement will be direct City retail water customers for all purposes, and will be subject to all applicable policies and ordinances of the City. The City will collect all applicable water community impact fees and will generate retail water billings for the services provided to the customers within the Rhodes Tract, and will be solely responsible for collecting its billings from the customers. 2.2 Payment to District. In consideration of the District's agreement to provide pass - through water service under this Agreement, KB acknowledges and agrees that the sum of $22,620.00 of the cost of the Champion Drive Line will not be reimbursed to KB by the District. It is agreed that this reduction reflects the cost of the portion of Champion Drive Line that will be utilized to provide service for the Rhodes Tract, as contemplated by Section 54.519, Texas Water Code. In addition to such reduction in reimbursement, KB agrees to pay to the District the sum of $ in legal and engineering fees incurred by the District in negotiating this Agreement. 155255 -2 01/31/2003 111. GENERAL PROVISIONS 3.1 Authority. This Agreement is made under the authority of Chapter 791 of the Texas Government Code and Section 54.218 of the Texas Water Code. 3.2 Term and Effective Date. This Agreement will be effective upon the date of execution of this Agreement by both parties and will expire upon the date the District is annexed to the City. 3.3 Severability. If a court or governmental agency of competent jurisdiction holds any word, phrase, clause, sentence, paragraph, section or other portion of this Agreement invalid, the remainder of this Agreement will not be affected by that holding and this Agreement will be construed as though the invalid portion was not included. The provisions of this Agreement are expressly deemed severable for this purpose. 3.4 Payments from Current Revenues. Any payments required to be made by any governmental entity under this Agreement will be payable from current revenues or other funds Iawfully available for such purpose. 3.5 Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior or contemporaneous understandings or representations, whether oral or written, respecting the subject matter. 3.6 Amendments. Any amendment of this Agreement must be in writing and will be effective only if signed by the authorized representatives of the District and the City. 3.7 Assignment. The rights and obligations under this Agreement are not assignable without the prior written consent of the parties to this Agreement. 3.8 Applicable Law and Venue. This Agreement will be construed in accordance with Texas Law. Venue for any action arising under this Agreement is in Williamson County, Texas. 3.9 Notices. Unless otherwise provided, any notice given under this Agreement must be in writing, and may be given by depositing it in the United States Mail, postage paid, certified, and addressed to the party to be notified, with return receipt requested; by depositing it with a courier service, with appropriate proof of receipt by the party to be notified; or by sending it by telefax (subject to electronic confirmation) with confirming copy sent by mail, to the parties at the addresses specified below: District: The Meadows at Chandler Creek Municipal Utility District c/o Phil Haag Winstead Sechrest & Minick 100 Congress Avenue, Suite 800 Austin, Texas 78701 City: City of Round Rock c/o Steve Sheets City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Either party may change its respective for the purpose of notice by giving at least five days notice of the new address to the other party. 3.10 Exhibits. The attached Exhibit "A" is incorporated into this Agreement by reference for all purposes. 3.11 Counterparts; Authority. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. Each party to the Agreement represents and warrants that it has the full right, power, and authority to execute this Agreement. 3.12 Effective Date. This Agreement will be effective from and after the date of due execution by all parties. 3.13 Interpretation. Each party to this Agreement has fully participated in the negotiation, formulation, drafting, and approval of this Agreement. Therefore, if there is any ambiguity, the provisions of this Agreement will not be construed for or against any particular party to this Agreement by reason of authorship. 155255 -2 01/31/2003 3 ATTEST: Name: Title: 155255 -2 01/31/2003 THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT By: Name: Title: Date: ATTEST: Name: Title: AGREED AS PROVIDED IN SECTION 2.2: KB HOME LONE STAR, LP By KBSA, Inc., a Texas corporation, its general partner By: Name: Title: 155255 -2 01/31/2003 CITY OF ROUND ROCK, TEXAS By: Name: Title: Date: 5 2/26/2003 14:06 FAX 5122185563 CORR PUBLIC WORKS LOCATION MAP N. T.S. SCALE: 1* 100' [Legend 1 o IRON ROD SEE • IRON ROD FOUND o CONCRETE AIONUNEHr SET • 'METE MOMENT FOUND 1 LOT NUMBER 0 BLOCK LITER D.E. DRAINAGE EASEMENT / sroRm SEWER EASEMENT RNISHED R.00R ELEVATION TIM NEIGHBORHOOD BOX UNIT TOTAL NO. OF LOTS: 114 NO. OF RESIDUAL LOTS 112 it fl r 1104t011111FR MICATI•N 10M 1 4 100,50' 12 SEIT57'51"W ( 7124.00' :1 13 SE1717 124.00' 14 S87'57'51"W c,, 124.00' 15 S87'57511 124.00' 16 '58'W 99.40' z 0 03 THE RH 30 7--... 1 0 r" , 31 32 33 'POINT OF BEGINN 03 A4 138'5 0 T nrr 01 55.00 39.14 a 15 g bi ct 10 6625' 1 43.34' ' • • 70 s 6619 DATE: February 28, 2003 SUBJECT: City Council Meeting — March 6, 2003 ITEM: 9.B.2. Consider a resolution authorizing the Mayor to execute Pass Through Service Agreement with Meadows at Chandler Creek Municipal Utility District. Resource: Danny Halden, City Engineer Steve Sheets, City Attorney History: The most cost effective and efficient means of serving water to the Rhodes Subdivision, a 37.52 acre tract proposed to be developed with 112 single family lots, is by connecting to water mains within tract abutting Rhodes Subdivision that are within Meadows at Chandler Creek Municipal Utility District boundaries. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Impact: Allows for water to pass from City mains through MUD property back into property with City's boundaries. Benefit: The City currently maintains water system within MUD boundaries and this agreement will preclude needless parallel water mains and will allow for standard system extensions. Public Comment: N/A Sponsor: N/A