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R-86-805 - 1/9/1986ATTEST: J�j NNE LAND, City Secretary RESOLUTION NO. /OS7e WHEREAS, Tonkawa Springs Incorporated and Greenwood Hills, Inc. presently have a contract to purchase water from the City of Round Rock; and WHEREAS, Tonkawa Springs Incorporated and Greenwood Hills, Inc. are in the process of conveying their water system to Tal Tex, Inc.; and WHEREAS, the parties to the conveyance request that the Council of the City of Round Rock, Texas approve the assignment of the water contract to Tal Tex, Inc., Now Therefore, , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the City Council hereby consents to the assignment of the water contract between the City of Round Rock and Tonkawa Springs Incorporated and Greenwood Hills, Inc. to Tal Tex, Inc. RESOLVED this 9t day of , 1986. MIKE ROBINSON, Mayor City of Round Rock, Texas ASSIGNMENT STATE OF TEXAS § § COUNTY OF WILLIAMSON § WHEREAS, TONKAWA SPRINGS, INC. and GREENWOOD HILLS, INC. entered into a water supply contract with the City of Round Rock attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, TONKAWA SPRINGS, INC. and GREENWOOD HILLS, INC. has entered into an agreement to sell their water system to TAL /TEX, INC.; and NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, the parties agree as follows: TONKAWA SPRINGS, INC. and GREENWOOD HILLS, INC. for and in consideration of Ten and No /100 Dollars ($10.00) and other valuable consideration do hereby transfer and assign to TAL /TEX, INC., all rights, title and interest of GREENWOOD HILLS, INC. and TONKAWA SPRINGS in and to the said contract attached hereto. TAL /TEX, INC. agrees to be fully bound on said contract to the same and fully extent as if its name appeared in such contract in lieu of TONKAWA SPRINGS, INC., and GREENWOOD HILLS, INC. Executed this 3l day of _Clcl„(AFQ,, 198. ASSIGNOR: ASSIGNEE: TO 'A A SPRINGS', INC. TAL /TEX, INC. B y By: GREENWOOD HIL O, INC. By: Ray Yates, Pf Attest: arey, Pre ident L/J Al AI J =nne Land, Cit Secretary y of Round Rock, Texas Terry Tuttl Mike Robinson, Mayor ident APPROVED: City of Round Rock, Texas By: 2/? THE STATE OF TEXAS $XH'I&IT''A" ' WATER SUPPLY CONTRACT COUNTY OF WILLIAMSON § 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/P 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 - cif 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 saia 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 - 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 any 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/s 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 par ty 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: TEST: 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 Round Rock, Texas 78664 EXECUTED THIS g /TO DAY OF P'A/YYlfl2/tiJ , 1984. J` anne Land, City Secretary By J - 8 - TONKAWA SPRINGS INCORPORATED 116x7 N. Lamar Aus xas 78753 y, Pres GREEN BY Ray Ya dent resident CITY OF ROUND ROCK, TEXAS By ��:t4 Mike Robinson, Mayor LAW OFFICES OF JOE B. McMASTER. P.C. JOE B. M MASTER LEE NORTON OAIN CYNTHIA WHITLOW JOHN B MCMASTER Mr. Don Wolf City Attorney Round Rock City Hall 214 E. Main Round Rock, Texas 78664 Dear Mr. Wolf CW: df McMASTER & BAIN ATTORNEYS AT LAW 114 WEST EIGHTH STREET, POST OFFICE BOX 627 GEORGETOWN, TEXAS 78626 December 24, 1985 Pursuant to our phone conversation today, I am sending you a copy of the Water Supply Contract between Tonkawa Springs -Great Oaks Water System and the City of Round Rock. As I mentioned, Tonkawa Springs, Inc. and Greenwood Hills Inc. are in the process of conveying their water system to Tal Tex, Inc.. The address of the corporation is P.O. Box 525, Leander, Texas 78641. The President of the corporation is Terry Tuttle. The Water Supply Contract needs to be assigned to Tal Tex, Inc.. Would you please bring this matter before the City Council at the next meeting on January 9th? We wish the City to approve the assignment. Please let me know if you need any further information. Thank you for your time and cooperation. Very truly yours, (il cT Cynthia Whitlow AREA CODE 512 TELEPHONE 863 -0531 255 -3709 2,t4 TEXAS ATTEST: /WY] /KB alq 4 NNE LAND, City Secretary RESOLUTION NO. .4 1 44-0 ) -- 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, 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. p RESOLVED this 1 r7 Tn day of , 19 At 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. 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/P 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 equipmen ? 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/P 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 employment of all regulation of the points. 3.5 Operation of Purchaser's System. Purchaser agrees to operate its system, and to require any 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. the operation, maintenance, regulation, and facilities beyond the metering points, and the use of all water received by it at the metering - 5 - 2/P 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 Maleure. 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 par ty 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 - c• 2JF 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: TEST: Notices to Purchaser: Notices to City: Tonkawa Springs Incorporated and Greenwood Hills, Inc. 11607 N. Lamar Austin, Texas 78753 Bob Bennett City Manager City Hall 214 E. Main Street Round Rock, Texas 78664 EXECUTED THIS p? OF �.�'.P�YYI.YJ�FhJ , 1984. S` anne Land, City Secretary By J TONKAWA SPRINGS INCORPORATED 11617 N. Lamar Au �� - xas 78753 D HILLS, INC. BY UY Z Ray Ya <president GREEN - 8 - ent CITY OF ROUND ROCK, TEXAS By Mike Robinson, Mayor • 144 August 14, 1986 (7) Councilmen Culpepper Councilwoman Lee Mayor Pro -tem Heiligenstein Noes: None ACTION: The motion carried unanimously. 88. Consider appointments to the Sister City Committee. Four appointments need to be made to the Sister City Committee. These appointments are not scheduled until August 28, 1986 but staff wanted to ask Council to announce this at a public meeting. The four places to be considered are currently held by Carolyn McHugh, Fred Howard, Mary Newton and Betty Mathews. Of the four only Betty Mathews has expressed a desire to be reappointed. RESOLUTIONS: (9A "Consider a author izing the Mayor contract with Tat - Tex. This item was tabled at the last meeting in order to give staff, the contract review committee and participants time to negotiate the contract. Negotiations are still underway to make the contract in line with the City's other water contracts. The contract review committee recommended the cancellation of the current contract and rewrite another water contract. MOTION: Councilman King moved to take this item off the table at this time. Councilman Culpepper seconded the motion. VOTE: Ayes: Councilman King Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Pro -tem Heiligenstein Noes: None ACTION: The motion carried unanimously. Jim Nuse went over staff reasons for cancellation and rewriting of the contract. MOTION: Councilman King moved to terminate the existing contract with Tel - Tex. Councilman Jean seconded the motion. VOTE: Ayes: Councilman King Councilman Correa Councilman Jean Councilman Culpepper August 14, 1986 need to document the easement. Councilwoman Lee Mayor Pro -tem Heiligenstein Noes: None ACTION: The motion carried unanimously. 98. Consider a resolution authorizing the Mayor to execute a Public Utility Easement. This easement will place the Southwest Interceptor through a drainage Channel in Chisholm Valley. This area is dedicated park land and we RESOLUTION NO. WHEREAS, the City of Round Rock is expanding its sewer collection system in Southwest Round Rock; and WHEREAS, it is in the best interest of the City of Round Rock to provide an easement for utilities, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor be and is hereby authorized and directed to execute a Public Utility Easement, a copy of such agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 14th day of August, 1986. ATTEST: MIKE ROBINSON, Mayor City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilman Culpepper moved to adopt the resolution. Councilman Correa seconded the motion. VOTE: Ayes: Councilman King Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Pro -tem Heiligenstein Noes: None ACTION: The motion carried unanimously. 9C. Consider a resolution authorizing the Mayor to enter into a contract with Staker Paving Company for the 1986 Street Maintenance Project. The project is the annual Sealcoat /Overlay contract. The contractor's qualifications have been checked and staff recommends the contract be awarded to Staker for their bid total of $110,000. RESOLUTION NO. WHEREAS, the City has duly advertised for bids for the 1986 Street Maintenance Project; and WHEREAS, Staker Paving Company, submitted the lowest and best bid; and (8) 145 . s ti January 9, 1986 VOTE: Ayes: Councilman Heiligenstein Councilman Howell Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Robinson Noes: None ACTION: The motion carried unanimously. 11C. Consider bids and a resolution authorizing the purchase of shelving and study carrels for the Library. Dale Ricklefs made the staff presentation. R. J. Sheppard and Associates submitted a bid for $18,182 for shelving and two study carrels. The cost includes installation and rearrangement of present shelving. Total cost comes under the budgeted amount for this phase of library expansion. Also, having checked with RRISD who has worked with this library furniture representative in the past, staff feels comfortable in recommending that a contract be entered into as written in the bid specifications. Council requested that this item be tabled to later in the meeting in order to allow staff and Council to review the specifications before Council action is taken. MOTION: Councilwoman Lee moved to table this item to later in the meeting. The motion was seconded by Councilman Culpepper. VOTE: Ayes: Councilman Heiligenstein Councilman Howell Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Robinson Noes: None ACTION: The motion carried unanimously. =11' 7"" a authorizing- -the ass g ent t f- - the - Tonkawa_Spiingsp (W3fer_Contrac.t.,.to Tal"Tex, nc. Mayor Robinson read the necessary resolution as follows: RESOLUTION NO. � 17 WHEREAS, Tonkawa Springs Incorporated and Greenwood Hills, Inc. presently have a contract to purchase water from the City of Round Rock; and WHEREAS, Tonkawa Springs Incorporatd and Greenwood Hills, Inc. are in the process of conveying their water system to Tal Tex, Inc.; and 7 Janaury 9, 1986 WHEREAS, the parties to the conveyance request that the Council of the City of Round Rock, Texas approve the assignment of the water contract to Tal Tex, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the City Council hereby consents to the assignment of the water contract between the City of Round Rock and Tonkawa Springs Incorporated and Greenwood Hills, Inc. to Tal Tex, Inc. RESOLVED this 9th day of January, 1986. ATTEST: MIKE ROBINSON, Mayor City of Round Rock, Texas JOANNE LAND, City Secretary Don Wolf made the staff presentation. Wolf explained that the terms of the contract are not changing only the ownership of the system. Wolf gave background information concerning the new owners of the system. Councilman Howell said he felt now might be a good time to modify the terms of the contract if need be. Sam Huey expressed some concern with the rate structure. MOTION: Councilwoman Lee moved to table this resolution to January 23, 1986. The motion was seconded by Councilman Howell. VOTE: Ayes: Councilman Heiligenstein Councilman Howell Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Robinson Noes: None ACTION: The motion carried unanimously. 11E. Consider a resolution ratifying the Mayor's signature of acceptance letter for the South Fire Station Site. Tom Kouri has donated approximately one acre of land to be used for the site of our south fire station. This item ratifys the Mayor's acceptance of the property. The resolution was read by Mayor Robinson: RESOLUTION NO. WHEREAS, In 1985 Tom Kouri prepared a gift deed and letter of acceptance by which he gave, granted and conveyed to the City of Round Rock a certain parcel of real estate; and WHEREAS, Mr. Kouri prepared these documents after the regular December City Council meeting dates; and WHEREAS, Mayor Mike Robinson executed the letter of acceptance and WHEREAS, it is necessary for the Council of the City of Round Rock to ratify the Mayor's act; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the City Council of the City of Round Rock, Texas hereby ratifies the Mayor's execution of a letter of acceptance of a site for a fire station and access road given, granted and conveyed by Mr. Tom Kouri. RESOLVED this 9th day of January, 1986. ATTEST: .4Om .AND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas