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R-84-663 - 12/27/1984RESOLUTION NO. 09 1- WHEREAS, Tonkawa Springs Incorporated has requested to purchase water from the City of Round Rock, and WHEREAS, the Council wishes to sell water to Tonkawa Springs Incorporated pursuant to the terms and conditions of the attached contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor of the City of Round Rock, Texas, is hereby authorized and directed to execute on behalf of the City, a Water Supply Contract with Tonkawa Springs Incorporated, a copy of such contract being attached hereto and incorporated herein for all purposes. RESOLVED this ATTEST: 4 1,4//I ' % /L J6'NNE LAND, City Secretary oC n day of , 19 AI . MIKE ROBINSON, Mayor City of Round Rock, Texas 2/F THE STATE OF TEXAS § COUNTY OF WILLIAMSON WATER SUPPLY CONTRACT § Whereas, the City of Round Rock, Texas, hereinafter called "City ", owns and operates a potable water supply system, hereinafter called "System "; and, Whereas, City adopted Ordinance No. 269 on January 8, 1976, and No. 271 on January 15, 1976, which ordinances esta- blished conditions for the City to provide water and sewer service in areas outside the City limits; and, Whereas, the Tonkawa Springs - Great Oaks Water System, comprised of Tonkawa Springs Incorporated, and Greenwood Hills, Inc., hereinafter collectively called "Purchaser ", desires to purchase water from City; and, Whereas, the City finds that it can sell water to Pur- chaser for residential and commercial purposes outside the City without impairing services within the City; and, Whereas, Purchaser desires to make a connection to City's system and receive water from City to serve Tonkawa Springs and Great Oaks subdivisions, situated outside the corporate limits of City; NOW, THEREFORE, the parties hereto do agree and contract as follows: I. QUALITY AND TREATMENT 1.1 Local, State, and Federal Standards. The City shall furnish potable water at the Point of Delivery which has been treated by chlorination and such other treatment as may in the future be directed by the city of Round Rock in order to meet the applicable potable water quality standards of the Texas Department of Health Resources, the Environmental Protection Agency, or any other local, state, or federal agency which has jurisdiction to establish such standards. 2/F II. QUANTITY, MEASUREMENT AND BILLING 2.1 Supply. City agrees to furnish to Purchaser at Point of Delivery such quantities of water as may be required by Purchaser, not to exceed 200,000 gallons per day peak flow; provided, however, that City shall not be obligated to supply water to Purchaser until two (2) hours after receipt of written notice from Purchaser that Purchaser requires City to supply water; provided, however, that in the event of an emergency, purchase may be made without notice, with notice to be given within forty -eight (48) hours after purchase commences; and further provided, that City shall not be obligated to supply water to Purchaser (or shall not be obligated to provide water in the quantity requested by Purchaser) if City's governing body shall adopt a resolution finding that City is unable to provide such service because of the needs of other users City is obligated to serve. "Point of Delivery" means the point at which water passes through a meter and, thereafter, is owned and controlled by Purchaser, his successors or assigns. If mandatory water rationing of any type is adopted by the City Council of the City of Round Rock at any time during the term of this contract, it is agreed that the quantities of water to be supplied to Purchaser will be reduced so as not to exceed 125,000 gallons per day peak flow during the term of said rationing. The goal of the City's drought management plan is to limit consumption by means of mandatory rationing to 175 gallons per person per day. The 125,000 gallon figure is equivalent to that level of consumption based on the number of customers currently served by Purchaser. It is agreed that Purchaser will pay to City the sums listed below, as liquidated damages, for each day that use exceeds amounts allowed under this Contract. City agrees to read the meter daily during any such rationing period and inform Purchaser daily of any viola- tions. The schedule for use in excess of allowable limits during mandatory rationing is as follows: - 2 - 2/F First Violation - written warning only Second Violation - $500.00 Third and Subsequent Violations - $1,000.00 each. If voluntary water rationing of any type is adopted by the City Council of the City of Round Rock at any time during the term of this contract, it is agreed that the quantities of water to be supplied to Purchaser will be reduced so as not to exceed 150,000 gallons per day peak flow during the term of said rationing. It is agreed that Purchaser will pay to City the sums listed below, as liquidated damages, for each day that use exceeds amounts allowed under this Contract. City agrees to read the meter daily during any such rationing period and inform Purchaser daily of any violations. The schedule for use in excess of allowable limits during voluntary rationing is as follows: First Violation - written warning only Second Violation - $250.00 Third and Subsequent Violations - $500.00 each 2.2 Metering Equipment. Purchaser, at his sole expense, shall install at the Point of Delivery the necessary metering equipment and required devices of standard type to properly measure the quantity of water delivered to Purchaser. There- after, Purchaser shall calibrate such metering equipment at a reasonable time after a request to do so by City, but not less frequently than once every twelve (12) months. A meter regis- tering not more that three percent (3%) above or below the test result shall be deemed to be accurate. If the meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless the City and the Purchaser shall agree upon a different amount. The metering equipment register shall be read on or - 3 - 2/F about the first day of each month after commencement of service and again upon termination of service. 2.3 Billing Procedure. City will submit to Purchaser an itemized statement of the amount of water determined to be consumed by Purchaser at the Point of Delivery during the preceding month and a statement of the charges therefor. The statement dates, due dates, late fees, notice provisions and disconnect provisions shall all be in accordance with the ordinances of City and more particularly, Chapter 10, Section 4.D., Code of Ordinances, City of Round Rock, Texas. After water has ceased to be supplied, the City, at its discretion, may notify the Purchaser of its intention to declare this Contract forfeited and null and void. Upon such notice, Purchaser shall have thirty (30) days to pay all delinquent charges and penalties in order to reinstate water supply prior to final action by the City in declaring this Contract for- feited and null and void. III. CONDITIONS OF SERVICE 3.1 Rates. Purchaser shall pay City for the water delivered under this Contract in accordance with the outside city limits rate, hereinafter called "OCL Rate ", established by ordinance of the City. Provided, however, such rates to be supplied under this Contract shall never exceed two times the lowest inside city limits rate, hereinafter called "ICL Rate ", per thousand gallons of water delivered to a single residential customer. 3.2 Purchaser's Delivery of Water. Purchaser is ex- pressly authorized to resell the water delivered hereunder both to retail customers and such retail may be a residential or commercial user. 3.3 Inspection of System. Purchaser shall permit personnel of the City to conduct periodic inspections of the Purchaser's system and permit meter reading personnel of the City to conduct periodic readings of Purchaser's meters if such readings are deemed necessary by the City. Purchaser shall - 4 - ljbb have the right to accompany City on such inspection. 3.4 Sanitary Control Agreement. Purchaser shall permit personnel of City to enter upon the property of any and all of Purchaser's retail or wholesale customers which are served by water from City, for the purpose of inspecting any and all connections made by such customers to Purchaser's water lines. Should the City have reasonable grounds to believe that any condition exists which might result in contamination of City's water supply, or jeopardize City's certification by the State Department of Health Resources, then City shall notify Purchaser and Purchaser shall immediately correct any such conditions. In the event Purchaser fails to correct such condition within forty -eight (48) hours, the City at it sole discretion, may cease delivering water under this Contract until such condition is corrected to the satisfaction of City. Nothing herein shall be construed to impose upon the City the duty and obligation to make any inspection or to regulate the quality of water beyond City's metering points to Purchaser. The Purchaser shall be solely responsible for the operation, maintenance, regulation, and employment of all facilities beyond the metering points, and the regulation of the use of all water received by it at the metering points. 3.5 Operation of Purchaser's System. Purchaser agrees to operate its system, and to require anv customers of Purchaser to operate their system, in accordance with all applicable regula- tions of the City, the Texas Department of Health Resources, and the Federal Environmental Protection Agency. 3.6 Quality of Water Beyond Point of Delivery. Purchaser agrees to maintain the quality of water beyond the Point of Delivery and provide necessary chlorination or other treatment so as to maintain the quality of water throughout Purchaser's service area, and Purchaser agrees to submit samples of such water in accordance with the requirements of the Texas Department of Health resources. - 5 - 2/F IV. DESIGN AND CONSTRUCTION 4.1 Connection to System. City agrees to provide for connection to Purchaser's system at the Point of Delivery with a four (4) inch line. Purchaser shall bear the costs of such connection. V. GENERAL CONDITIONS 5.1 Terms. The term of this Contract shall be for ninety (90) days from the date hereof; provided, however, this contract shall be automatically renewed until terminated by City pursuant to Section 2.1 herein. If City elects to ter- minate this agreement pursuant to Section 2.1 herein, City shall not terminate service until Purchaser has had reasonable time, which shall be a period not less than thirty (30) nor more than sixty (60) days, in which to procure alternate service. 5.2 Force Majeure. In case, by reason of force majeure, either party hereto shall be rendered unable to carry out its obligations, fully or in part, under this agreement, other than the obligation of the Purchaser to make the payment required under the terms hereof, then, if such party shall give notice and full particulars of each force majeure in writing to the other party within a reasonable time after occurrence of the event of cause relied on, the obligation of the party filing such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall en- deavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein shall mean, but without limitation, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, war, orders of any kind of the government of the United States, of the State of Texas, or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earth- quakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil distur- bances, explosions, breakage or other accidents to machinery, - 6 - 2/F pipelines or canals, partial or entire failure of water supply hand inability on the part of the City to deliver water here- under, or of the Purchaser to receive water hereunder, or on account of any other causes not reasonable within the control of the party claiming such inability. The settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and the above requirement that any force majeuere shall be remedied with all reasonable dispatch, shall not require the settlement of strikes and lockouts as acceding to the demands of the opposing party or parties when such course is unfavorable, in the judgment of the party having the difficulty. In the event of an extended shortage of water, or the supply of water available to the City is otherwise diminished over an extended period of time, this Contract may be terminated by City on the terms provided in Section 2.1 and Section 5.1. 5.3 Regulatory Agencies. Purchaser will comply with all applicable statutes, rules, and regulations as may now exist and as may be promulgated by the city, the State of Texas and its administrative agencies, and the Federal Government and its administrative agencies. Purchaser and City will collabor- ate in obtaining any permits or certificates as may be required to comply with any such laws, rules, or regulations. 5.4 Notice of Violation. In the event that either the City or the Purchaser shall violate any of the terms of this Contract, the aggrieved party shall promptly notify the other party of the violation. In the event such violation is not cured within fifteen (15) days after the receipt of such notice, the party sending the notice at its discretion, may notify the other party of its intention to declare this Con- tract forfeited and null and void. Upon receipt of such notice, the deliquent party shall have fifteen (15) days to cure such violation prior to final action by the other party declaring this Contract forfeited and null and void. Any notice requirement under the terms of this agreement shall be - 7 - 2/F . in writing and shall be delivered by certified mail in accord- ance with Section 6.7, herein. 5.5 Waiver. No failure on the part of either party to this Contract to require the performance by the other party of any portion of this Contract shall in any way affect either party's right to enforce such provision, nor shall any waiver by either party be taken or held to be a waiver of any other provision. No rights under this agreement may be waived and no modification or amendment to this agreement may be made except by written amendment executed by the parties. 5.6 Headings. All headings in this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way the express terms and provisions hereof. 5.7 Notice. All notices required under this Contract shall be sent by certified mail, return receipt requested, as follows: Notices to Purchaser: Tonkawa Springs Incorporated and Greenwood Hills, Inc. 11607 N. Lamar Austin, Texas 78753 Notices to City: Bob Bennett City Manager City Hall 214 E. Main Street TOP, Round Rock, Texas 78664 EXECUTED THIS O{ / - DAY OF Le.t'0 -41r !A) , 1984. A EST: 41440/14 Ania.AUL4 J2anne Land, C ty Secretary TONKAWA SPRINGS INCORPORATED 11 7 . Lamar Au T xas 78753 By GREENWOOD HILLS, INC. CITY OF ROUND ROCI{i. TEXAS By - 8 - Garey, Presi• -n Mike Robinson, Mayor LYNDO,N OLSON, JR. Member MRS. PAT WAGNER Chief Clerk W. P. DAVES, JR. Chabmaff . , STATE BOARD OF INSURANCE 1110 SAN JACINTO AUSTIN, TEXAS 78786 FIRE FLOWS, WATER MAINS $ FIRE HYDRANTS TW #2D 2/28/79 The State Board of Insurance, in grading the water distribution system of a city or town, uses certain standards and definitions not generally known or understood. This memo is intended to clarify these standards and definitions and to serve as a guide in making changes, improvements and additions to water distribution systems, when fire protection is a factor. FIRE FLOWS REQUIRED Generally, every fire hydrant should be at least capable of supply- ing the largest fire department pumper to be used at the location. In downtown, industrial and heavily congested residential areas, two or three hydrants on a single water line may have to supply water at the same time, Key Rate grading deficiencies in cities and towns are based on the following fire flows: Principal mercantile and industrial areas 3,000 gpm Light mercantile areas 1,500 gpm Congested residential areas 750 gpm Scattered residential areas 500 gpm OURWOOD MANFORD - Member E. J. VOORNIS Commissions, of Insurance WATER MAINS REQUIRED These should be large enough to supply the fire flows required, but no less than eight -inch in mercantile areas and no less than six-inch in scattered residential areas. New four -inch mains are not recognized for fire service. A new hydrant on an existing four -inch main is not recog- nized. Only those hydrants connected to four -inch mains before October 15, 1952 will continue to be recognized for fire service or Key Rate cre- dit. No six -inch dead -end main should be more than 1800 feet long. Those that are longer than 1800 feet long are deficient and are charged (in the Key Rate Analysis) accordingly. No six -inch looped main should be more than 3500 feet long. (Note: A "loop" is that between one two -way feed and another independent two - way feed). An eight -inch or larger pipe is considered to be a two -way feed for this one purpose. A "feed" for this purpose cannot be less than six -inch size. A test to determine if there is a loop is whether flow is obtained if a line is valved off. TWIi2D 2/28/79 FIRE HYDRANTS Page 124 of the Texas General Basis Schedules defines a fire hy- drant as a National Standard 3 -way fire hydrant connected to a 6 -inch or larger city main. There are other qualifications relating to recog- nized water systems, city limits, etc. Note: A 2 -way hydrant is not recognized unless it was installed before October 15,1952. No struc- ture should be more than 500 feet (in a direct line) from a recognized hydrant. Hydrants should be spaced at intervals not exceeding 300 feet in mercantile areas and 600 feet in residential areas. MAINTENANCE Fire hydrants should be periodically inspected and serviced. In- spections should determine if the caps are on too tight, if the drain holes are open, if the valve stems are too tight, if the valve seals need replacing, and if all valves in the mains and at the hydrants themselves are fully open. Anything that impedes fast and complete use in an emergency should be removed or corrected. Hydrants should be periodically flushed, greased on the inside, and painted a distinc- tive color. A map showing the locations of all valves should be kept up to date. "Lost" valves can be located by metal detectors. When an in- spection by this agency reveals lack of maintenance in amy particular, but especially partly closed valves, a charge may be made in the Key Rate. RECOGNITION AND KEY RATE CHARGES Non - recognized water mains or fire hydrants have serious effects on the cost of fire insurance on structures served by them. The struc- tu ate classified as wtprotectcd and fot them the Kay Rate is $1.00. The Key Rate of the city or town is also quite likely to be higher as a result of non - recognized mains and hydrants, depending on their per- cent of the total, and where located. There is therefore a double pen- alty for non - recognized mains and hydrants. Water mains themselves must be listed in the Fire Protection Equip- ment Directory published by Underwriters' Laboratories, Inc., 333 Pfing- sten.Road, Northbrook, Illinois, 60062.