R-86-820 - 1/23/1986ATTEST:
E LAND, City Secretary
RESOLUTION N0. Lam\
WHEREAS, Georgetown Gateway Water Supply Corporation is the owner of
approximately 82.947 acres of land in Williamson County, Texas; and
WHEREAS, the property is located within the ETJ of the City of
Georgetown, Texas; and
WHEREAS, Georgetown does not currently have the capacity to serve
the property with water and sewer service; and
WHEREAS, the City of Round Rock currently has the capacity to serve
the property; and
WHEREAS, the City of Round Rock is willing to serve the property
with water and sewer service in accordance with the terms of the attached
Agreement, 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 Water and Wastewater Service Agreement with Georgetown Gateway
Water Supply Corporation, a copy of said Agreement being attached hereto
and incorporated herein for all purposes.
RESOLVED this 23rd day of January, 1986.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
RECEIVED JAN 1 us 2: Pm
WATER AND WASTE WATER SERVICE AGREEMENT
BY AND BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND
GEORGETOWN GATEWAY WATER SUPPLY CORPORATION
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
This contract and agreement (this "Agreement "), is made and
entered into as of this day of , 198, by and
between the City of Round Rock, Texas ( "City ") a home rule city
located in Williamson County, Texas, and Georgetown Gateway Water
Supply Corporation (the "Corporation "), a Texas non - profit water
supply corporation created and operating under Article 1434a of
the Texas Revised Statutes Annotated.
W I T N E S S E T H:
The City owns and operates water wells, water treatment
plant, water distribution system, wage water collection system
and waste water treatment plant servicing areas within and adja-
cent to the City and has determined that it has excess water pro-
duction and water treatment capacity and excess waste water
collection and treatment capacity in its existing facilities.
The Corporation desires 465 Living Unit Equivalents ( "L.U.E.s ")
of water and waste water service and has applied to the Texas
Public Utility Commission for a Certificate of Convenience and
Necessity to provide water and_waste water service to approxima-
tely 8Z.94.7 acres of land lying wholly outside the City's boun-
daries (the "Corporation Tract "), which land will necessitate a
supply of potable water and waste water disposal for improvements
to be constructed thereon;
WHEREAS, the Corporation Tract is located within the
extraterritorial jurisdiction of the City of Georgetown
( "Georgetown "), Texas; and,
WHEREAS, Georgetown does not currently have the capacity to
serve the Corporation Tract with water or waste water service and
does not desire to so serve that property; and
WHEREAS, the City is willing to supply the Corporation Tract
with 465 L.U.E.s of water and waste water treatment service; and
WHEREAS, the City has determined that it is appropriate to
provide water service and waste water treatment service within
said area in order to protect the health and welfare of present
and future residents of the area and portions of the City in
proximity thereto.
AGREEMENT
For and in consideration of the mutual promises, obligations
and benefits hereinafter set forth, the City and the Corporation
contract and agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, the following terms
and phrases used in this Agreement shall have meanings as
follows:
The Corporation Tract: The "Corporation Tract" shall mean
that SZ.9447 acres of land comprised of the Corporation Tract to
which a supply of potable water will be delivered by the City and
from which waste water will be collected and treated pursuant to
the terms and conditions of this Agreement.
The Corporation's Water System: The "Corporation's ` Water
System" shall mean the water distribution system which the
Corporation will construct or cause to be constructed, including
water lines, flush valves, storage, pumps, meters and other
equipment associated therewith within the service area of the
Corporation and all extensions thereof and additions thereto,
excluding the Connection Lines (as hereinafter defined).
The Corporation's Waste Water Collection System. The
"Corporation's Waste Water System" or "Waste Water System" as
sometimes used herein shall mean the waste water collection
system which the Corporation will construct including waste water
lines, gravity mains, forced mains, pumps, and other equipment
associated therewith within the service area of the Corporation
and all extensions thereof and additions thereto, including the
waste water collection lines described below.
Connection Lines. "Connection Lines" shall mean (i) an
water line running across the Corporation Tract which
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the Connection Lines will be connected to the City's Water Supply
System and which is depicted on Exhibit " ", and (ii) an eight -
inch (8 ") waste water line constructed at the sole expense of the
Corporation which will run from the Corporation's Waste Water
Collection System to a connection with the City's Waste Water
Collection and Treatment System at a Point of Collection depicted
on Exhibit .
City's Water Supply System: "City's Water Supply System"
shall mean the water wells, pumping and water treatment facili-
ties, storage, pressure tanks, chlorination facilities, distribu-
tion lines, flush valves and any other related works not
specifically mentioned herein which the City now owns or will
acquire and /or construct.
City's Waste Water Collection and Treatment System. "City's
Waste Water Collection and Treatment System" shall mean the sewer
gravity mains, force mains, lift stations, sewerage treatment
plants and any other related works not specifically mentioned
herein which the City now owns or will acquire and /or construct.
Force Majeure. "Force Majeure" means acts of God, strikes,
lockouts, or other industrial disturbances, acts of public enemy,
orders of any kind of the Government of the United States or the
State of Texas or any civil or military authority, insurrection,
riots, epidemics, landslides, lightning, earthquake, fires,
hurricanes, storms, floods, washouts, droughts, arrests,
restraint of• government and people, civil disturbances, explo-
sions, breakage or accidents to machinery, pipelines, or canals,
or other causes not reasonably within the control of the party
claiming such inability.
Living Unit Equivalent. "Living Unit Equivalent" means 480
gallons per day of water service and waste water collection and
treatment service commensurate with such volume of water.
Point of Delivery. "Point of Delivery" shall mean the place
at which the meter to measure the flow of potable water is
located and at which the City is obligated to delivery potable
water to the Corporation, which shall be located within the ser-
vice area of the Corporation and is depicted on Exhibit " ".
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Point of Collection. "Point of Collection" shall mean the
place at which the City is obligated to accept waste water
collected and delivered to the City, which is depicted on Exhibit
II II
Water. "Water shall mean potable water of a quality con-
forming to the minimum requirements of the Texas Department of
Health or its successors for human consumption and other domestic
uses.
Waste Water. "Waste Water" shall mean sewage.
ARTICLE II.
DESIGN AND CONSTRUCTION
Section 2.1 Design and Construction of the Corporation's
Water System and Waste Water Collection System. The Corporation
shall design and construct, at its sole cost and expense, the
Corporation's Water System and Waste Water System in accordance
with sound engineering practice and in compliance with the City's
engineering standards and specifications and all applicable laws,
rules, regulations, codes and ordinances of the State of Texas
and any other entity having or obtaining jurisdiction. The City
shall have the right to review and approve the plans for both
systems before the plans are let for bid for construction; pro-
vided, however, that approval of the City shall not be unreaso-
nably withheld. Upon completion of construction, the
Corporation's Engineer shall provide the City with one (1) set of
"as built" drawings and an engineering certification that the
Corporation's Water System and Waste Water Collection System were
constructed in substantial compliance with approved plans and
specifications.
Section 2.2 Design and Construction of Connection Lines. The
Corporation, at its sole cost and expense, shall design and
construct the Connection Lines, in accordance with sound engi-
neering practice and in compliance with the City's engineering
standards and specifications and all applicable laws, rules,
regulations, codes and ordinances of the State of Texas and any
other entity having or obtaining jurisdiction. Upon completion
of construction, the Corporation's Engineer shall provide the
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City with one (1) set of "as- built' drawings and an engineering
certificate that the Connection Lines were constructed in
compliance with the approved plans and specifications.
Section 2.3 Inspection During Construction. The Corpora-
tion's Engineer shall inspect the Corporation's Water System and
Waste Water System and Connection Lines during construction in
accordance with sound and reasonable engineering practice and
shall certify the results of such inspection to the City's
Engineer upon request. The City's Engineer shall have the right
to inspect construction of said facilities at any time. The
City's Engineer shall also have the right to be present at
inspections by the Corporation's Engineer and the Corporation's
Engineer shall give the City's Engineer three (3) days notice of
the date and time of such inspection. The City shall have the
right to inspection of construction at any time. If, in relation
to any of said facilities, the Corporation fails to provide
inspection in accordance with sound and reasonable engineering
practice, then the City shall notify the Corporation that the
City is of such opinion and the Corporation shall have three (3)
days thereafter to make such inspection. If the Corporation does
not make such inspection, the City shall have the right to pro-
vide such inspection at the Corporation's cost. The connection
to the City's Water Supply System and Waste Water Collection and
Treatment System shall be made under the supervision of and
approved by the City's Engineer and operation and service shall
not commence until the City's Engineer has approved the connec-
tion in writing.
Section 2.4 Measuring Equipment. The Corporation shall
install, at its sole cost and expense, at the Point of Delivery,
a four -inch (4 ") meter, approved by the City, capable of
measuring, within two percent (2%) accuracy, the quantity of
Water delivered to the Corporation by the City. Said meter shall
be owned, operated, maintained and replaced, if necessary, by the
Corporation; provided, however, the City shall have the right to
calibrate, repair or replace the meter at the Corporation's
expense if the City has reason to believe that the meter is not
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recording accurately. If the'Corpbration fails to do so after
fourteen (14) days written request by the City, the Corporation
shall allow representatives of the City access to the meter, on
or before the fifth (5th) day of each month, to enable the repre-
sentatives to read the meter and render a statement of charges to
the Corporation in accordance with Article 3.7 of this Agreement.
The Corporation shall test the meter for accuracy (at its
expense) at least once each calendar year and shall furnish a
report of such test to the City. The Corporation shall notify
the City at least three (3) days prior to making each test of the
meter and the City shall have the right to have a representative
present. In addition to the regular, annual meter inspection
required above, the City shall have the right to inspect the
water meter once each calendar year at any time it chooses. The
City shall notify the Corporation at least two (2) hours prior to
the inspection of the meter and the Corporation shall have the
right to have a representative present. • If, as a result of any
test, the meter is found to be registering inaccurately (more
than two percent (2%) error), the readings of such meter shall be
corrected at the rate of its inaccuracy for any period which is
definately known and agreed upon or, if no such period is known
and agreed upon, then the period shall be that extending back
half of the time elapsed since the last previous test, and the
records of readings shall be adjusted accordingly.~ The parties
shall make any necessary adjustments between themselves for any
overpayments or underpayments at the time of the next regular
payment and billing. In addition, if the meter is found to be
inaccurate on a random test conducted by the City, then the
Corporation shall be obligated to pay all costs normally asso-
ciated with the inspection.
Section 2.5 Insurance and Construction Standards. During
such time as the Corporation or its contractors engage in
construction work in relation to the Corporation Water System and
Waste Water Collection System, the Corporation agrees to require
all contractors performing work to provide adequate insurance in
relation to the Corporation Water System and Waste Water
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Collection System and work being 'performed as it is usually
carried by contractors constructing like properties and also
require all contractors to carry workmen's compensation
insurance. In addition, all construction work on both systems,
shall comply with the construction manual for public works pro-
mulgated by the City.
Section 2.6 Approvals. The obligation of the Corporation to
construct the Corporation Water System and Waste Water Collection
System shall be conditioned upon and subject to the following:
(a) Approval of the Corporation Water System and Waste
Water Collection System by the Texas Department of Water
Resources, Texas Department of Health, and any and all other
local, state or federal agencies having jurisdiction; and
(b) the Corporation's ability, or the ability of its
contractors, to obtain all material, labor, and equipment
necessary for the Corporation Water System and Waste Water
Collection System.
Section 2.7 Easements . The City agrees that it will provide
right of way for the Corporation Water System and Waste Water
System and assist with any acquisition of any necesary right of
way by purchase, contract or condemnation, at the sole expense of
the Corporation.
Section 2.8 Force Majeure. If, by an reason of Force
Majeure, any party hereto shall be rendered unable, wholly or in
part, to carry out its obligations under this Agreement, then
such party shall give notice and full particulars of such Force
Majeure in writing to the other party within a reasonable time
after occurrence of the event or cause relied upon, and the obli-
gation of the party giving such notice, so far as it is affected
by such Force Majeure, shall be suspended during the continuance
of the inability then claimed, except as hereinafter provided;
but for no longer period, and any such party shall endeavor to
remove or overcome such inability with all reasonable dispatch.
The settlement of strikes and lockouts affecting this Agreement
shall be entirely within the discretion of the party having the
difficulty, and the above requirements that any Force Majeure
7
shall be remedied with all reasonable dispatch shall not require
the settlement of stikes and lockouts by exceeding to the demands
of the opposing party or parties when such settlement is unfavor-
able in the judgment of the party incurring the difficulty.
ARTICLE III
WATER SERVICES
Section 3.1 Sale of Water. The City shall sell and deliver
465 L.U.E.S of water to the Delivery Point for commercial and
domestic uses, to be supplied from the City's water distribution
system as exended by the Corporation pursuant to this Agreement.
to th C r-poor The
supply of water to the Corporation may be reasonably limited by
the City on the same basis and to the same extent as the supply
of water to any other customers within the City. Retail water
service from the Corporation shall be provided by the Corporation
to individual customers. Water meters for customers of the
Corporation shall be purchased by the Corporation. The
Corporation shall promote compliance with the City's water con-
servation ordinances, as amended from time to time. The City
shall be the sole source of water to the Corporation and the
Corporation shall not seek to develop its own wells for any pur-
pose without prior approval of the Cit , which a royal shall not
be unreasonably withheld, except in the event that the City is no
longer able to provide water service as contemplated hereby.
Section 3.2 Collection of Waste Water. The City shall
collect waste water from the Corporation's waste water system at
the Point of Collection and shall treat and dispose of the waste
water in the City's Waste Water Collection and Treatment System.
Section 3.3 Waste Water Quality. The Corporation agrees to
limit its discharge into the City's Waste Water Collection and
Treatment System to waste water defined by the City as admissible
discharges, and to prohibit entry into the system of any wastes
that have the characteristics of prohibited discharges, also as
defined by the City. The term "admissible discharges" means
8
liquid and water carried waste'discharged from the sanitary con-
veniences or other discharge points or pipes from dwellings,
business buildings, institutions and other places including gar-
bage which has been shredded to such degree that all particles
will be carried freely under flow conditions normally prevailing
in public sewers, with no particle greater than one -half (1/2)
inch in any dimension and the liquid wastes from industrial pro-
cesses, and includes any infiltration water that has migrated
from the ground into the system. Wastewater discharged into the
City's Waste Water Collection and Treatment System shall consist
only of waste water which the system is capable of handling, so
that:
(a) effluent from the City's treatment plant meets the
current and future legal standards of the Texas Water
Commission or of any governmental body having legal authority
to set standards for such effluents; and
(b) the City's treatment plant is not damaged to the
extent• to cause unnecessary repairs or replacements resulting
in increased operation and maintenance expense.
The term "prohibited discharge" means any toxic, hazardous,
radioactive or other constituent or element which is unacceptable
for treatment by the City.
Section 3.4 Waste Water Quality Ordinances. The City has
enacted Industrial Waste Ordinances and may, from time to time,
amend said ordinances establishing the quality of waste water
which will qualify as admissible discharges and be accepted into
the City's Waste Water Collection and Treatment System from the
Corporation, at the Point of Delivery and to establish the
quality of waste water which will qualify as prohibited
discharges and not be accepted into the system. The City may
establish standards which are stricter than those required from
time to time by applicable law, rule or regulation, provided,
however, the City may not establish any standards to require
pretreatment of normal domestic waste water unless such treatment
is required by applicable federal or State law or regulation.
9
The City shall immediately notify the Corporation of such ordi-
nances after they are adopted by the City. The Corporation shall
have ninety (90) days after the date of adoption of any such
ordinance to bring the quality of its waste water into compliance
with such ordinance unless a shorter period is required by appli-
cable State or federal law or regulation. The City may also pro-
vide in such ordinances for the testing of waste water delivered
into the system. Such ordinance may provide that the City may
terminate service to the Corporation, if the Corporation con-
tinues to violate said ordinance after being notified by the City
in writing and given a reasonable period of time (not to exceed
thirty (30) days) to correct such violation. The ordinance shall
establish reasonable procedures for terminating such service and
shall make reasonable provisions for due process rights of the
Corporation. The City may also estabish, charge and collect a
reasonable surcharge from the Corporation for discharge of
admissible discharges which, because of the excessive concen-
tration of biochemical oxygen demand, suspended solids or other
characteristic, are exceedingly difficult or expensive to treat,
which surcharge shall be in addition to the Corporation's monthly
service charge.
Section 3.5 Regulation of Industrial Wastes. The effects of
certain types of industrial waste upon waste water and waste
water treatment processes are such as to require that careful
consideration by made of each industrial connection. Accord-
ingly, the Corporation agrees to regulate the discharge of
industrial waste into its respective sanitary sewer collection
system, including requirements for pretreatment before discharge
into its sanitary sewer collection system if necessary to meet
the quality requirements for waste admissible to the system, and
the the Corporation will only authorize the discharge of
industrial waste into its systems subject to the filing by an
applicant industry of a statement, a copy of which shall be for-
warded to the City, containing the following information:
(1) Name and address of applicant;
(2) Type of industry;
(3) Quantity of plant waste;
(4) Typical analysis of the waste;
(5) Type of pre- treatment proposed;
10
?
and such other information as the City may from time to time
request by written notice.
Any and all connections to and effluent introduced into the
,
City's Waste Water Collection and Treatment System shall be sub-
ject to and in compliance with the provisions of the City's
industrial waste ordinance as amended or as may be amended. The
City is authorized at any reasonable time and place to take
samples of sewage and test same to determine its compliance
herewith. If such tests show harmful substances in excess of the
quantity or concentration permitted by the City, City shall
impose reasonable rate increases, surcharges, and /or charges
imposed by the City as authorized by the City's industrial waste
ordinance, as amended. Additionally, the Corporation shall
require institution of adequate corrective measures, as deter-
mined by the City, to remedy such conditions and continue to
collect and be resonsible for payments therefor until such con-
ditions have been remedied.
ection 3.6 Base Utility Service Fee. As a condition prece-
dent to the City's obligation to
treatment and disposal services to
this Agreement, Corporation shall
only payment of an amount of money
11
provide water and waste water
the Corporation as provided by
tender to the City a one -time
equal to the Base Service Fees
imposed by the City. The Base Service Fees imposed by the City
shall be as set forth in the City's Base Service Fee Ordinance as
such ordinance may be amended from time to time. The initial
payment shall be made by the Corporation within ten (10) days
after the execution of this contract and shall be in an amount
equal to the City's Base Water and Waste Water Service Fee for
100 L.U.E.s of water service and 100 L.U.E.s of waste water ser-
vice. Corporation shall pay the City the Base Water and Waste
Water Service Fees due City in units of 50 L.U.E.s of water and
waste water service and such payments shall be made to the City
when the average daily water metered for the previous month
equals the cumulative number of L.U.E.s previously paid for. The
schedule of L.U.E.s and the average daily metered water is as
follows:
that this water reservation fee is subject to adjustment
according to changes in City ordinances and official City policy
. 151
and also subject to changes adopted or promulgated by the Brazos
River Authority.
Section 3.9 Meters. Metering equipment and related facili-
ties and standard -type devices required for properly measuring
the quantity of water delivered to the Corporation, shall be
installed at the Point of Delivery of water to the Corporation by
A the Corporation.
/ ' Section 3.10 Corporation Rates. The Corporation agrees to
set and maintain water and waste water rates sufficient to pay the
following:
(a) To pay for water delivered by the City and waste
water received by the City pursuant to this Agreement at
rates and in amounts equal to or greater than that hereina-
bove set forth.
(b) For all operations and maintenance expenses in an
amount sufficient enough to meet such expenses as they come
due.
ARTICLE IV
OPERATIONS
Section 4.1 Maintenance and Operation. The Corporation
shall be responsible for operating and maintaining in good
working order the Corporation's Water Supply System and Waste
Water Collection System and for making all needed replacements,
additions, betterments and other subsequent improvements to
ensure its efficiency and operation. The Corporation shall imme-
diately repair any leaks in said system. The Corporation shall
be responsible for all water metered at the Point of Delivery,
regardless of the fact that the water passed through such meter
as a result of such leaks or breaks in the Corporation's Water
System.
Section 4.2 Billings and Payments. The City shall promptly
render monthly bills to the Corporation for the charges specified
in Article III at the same time and in the same manner as the
City renders bills to other City customers. All bills for
13
100 L.U.E.s = 48,000 gallons per day
150 L.U.E.s = 72,000 gallons per day
200 L.U.E.s = 96,000 gallons per day
250 L.U.E.s = 120,000 gallons per day
300 L.U.E.s = 144,000 gallons per day
350 L.U.E.s = 168,000 gallons per day
400 L.U.E.s = 192,000 gallons per day
465 L.U.E.s = 223,200 gallons per day
The Corporation shall pay the City such amount, regardless of
whether Corporation collects the amount due from the customers
that connect to the Corporation's system.
Section 3.7 Water and Waste Water Service Rates. The rate
charged by the City for providing water and waste water treatment
and disposal services to the Corporation as provided by this
agreement shall be a multiple of two (2) times the rate for com-
mercial and residential users within the city limits of the City
of Round Rock. The waste water treatment and disposal service
rate shall be based on the water actually metered. to the
Corporation. Total charges for waste water collection and treat-
ment shall be determined by volume of water registered on the
master water meter at the Delivery Point.
Section 3.8 Reserve Water Supply Fee. The Corporation shall
pay within ten (10) days from the execution of this contract and
annually thereafter a fee for the reservation of the water supply
contracted for hereby. Said fee shall be based on the following
formula:
Where
A. = Number of gallons per year reserved divided by
1000 _
B. = Reserve Rate per 1000
C. = Reserve cost provided for by other charges.
Then, A X B - C = Annual Reserve Water Supply Fee.
It is expressly provided, however, that in no event shall the
Corporation's obligation to pay a reserve water supply fee exceed
the amount of such fee that an in -city customer of the City would
pay the same water use except for an additional fifteen percent
(15%) surcharge for bookkeeping and administration. It is
further provided that the Corporation will be entitled to a full
refund of the water reserve fee required hereby in the event that
the City does not incorporate a water reserve fee provision in
its water rate structure within nine (9) months from the effec-
tive date of this agreement. Finally, the parties acknowledge
12
service shall be due and payable at'the same time and in the same
manner as required for other customers of the City.
Section 4.3 Indemnification. Each party hereto shall indem-
nify and hold harmless the other party and its respective offi-
cers, agents and employees from and against all damages, claims,
losses, fines, penalties, demands, suits, judgments and costs,
including reasonable attorney's fees and expenses arising out of
or resulting from its failure to comply with its obligations
under the terms of this Agreement.
Section 4.4 Remedies. The parties recognize that the City's
undertaking to provide the supply ofAwater, capacity in its
water treatment plant and waste water treatment plants and
transportation of water to the Corporation and waste water from
the Corporation as provided in this Agreement are obligations
which, if not performed, could not adequately be compensated by
money damages. Likewise, the parties recognize that the
Corporation's construction and payment obligations are obliga-
tions which, if not performed, could not be adequately compen-
sated by money damages. The parties have, therefore, negotiated
this Agreement without allowance for any potential damages either
may suffer as a result of the failure of the other to perform its
obligations hereunder. Accordingly, the City and the Corporation
agree that in the event of any failure to perform any covenants,
conditions or obligations of this Agreement on the part of either
party, except for the right of the other party to terminate ser-
vice under this Agreement or to terminate this Agreement, the
aggrieved party shall be limited to the remedy of specific per-
formance of this Agreement.
SECTION V
Miscellaneous
5.1 The City shall not be liable to the Corporation or any
customer of the Corporation for the failure of the City to pro-
vide water service where the failure results from Force Majeure.
5.2 This Agreement and the construction of the Corporation
Water System and Waste Water Collection System shall be subject
to all valid rules, regulations, and laws applicable thereto,
past or promulgated by the United States of America, the State of
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Texas, or any governmental or regulatory body having lawful
jurisdiction.
5.3 This Contract shall be for the sole and exclusive bene-
fit of the City and the Corporation and shall not be construed to
confirm any benefit or right upon any other parties.
5.4 This Agreement may be amended by consent of all the par-
ties.
5.5 The provisions of this Contract are severable, and if
any word, phrase, clause, sentence, paragraph, section or other
part of this Agreement or the application thereof to any person
or circumstance shall ever be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason,
the remainder of this Agreement shall be construed as if such
invalid provision was not contained herein.
5.6 This Agreement shall be in force and effect when the
Corporation Water Supply System and Waste Water Collection System
are completed and for forty (40) years thereafter.
5.7 This Agreement may be executed by the City prior to the
creation of the Corporation and shall be binding upon the City
for a period of six (6) months, pending creation and confirmation
of the Corporation. Upon said creation and approval and execu-
tion of this Contract by the Board of Directors, it shall
thereafter be binding upon all parties in accordance with its
terms.
5.8 This Agreement concerns utility services for 465 L.U.E.s
to the Corporation Tract. The utility services provided by the
City hereunder may not be resold by Corporation to serve other
property without the express written consent of the City.
Nothing in this Agreement shall prohibit the Corporation from
seeking additional water and waste water service to the
Corporation Tract at any time.
5.9 The City shall have the right to review any plat filed
with the City of Georgetown by the Corporation or its assigns
concerning all or a portion of the Corporation Tract; provided,
however, that no approval by the Staff or Planning Commission or
City Council of the City shall be required in addition to this
right of review. One copy of any final plat approved for all or
15
a portion of the Corporation Tract 'shall be supplied to the City
for its files.
IN WITNESS WHEREOF, the City, and the Corporation, acting
under authority of their respective governing bodies, have caused
multiple copies of this Agreement to be duly executed, each of
which to be of equal dignity, all as of the _ day of
198_.
ATTEST:
CITY SECRETARY
043
By:
By:
CITY OF ROUND ROCK, TEXAS
GEORGETOWN GATEWAY WATER
SUPPLY CORPORATION
16
Mike Robinson, Mayor
DATE:
SUBJECT:
ITEM:
January 21, 1986
Council Agenda, January 23, 1986
11J — Consider a resolution authorizing the Mayor to enter into a
contract with Georgetown Gateway Water and Wastewater Contract.
Enclosed is a coy of the water and wastewater contract with Georgetown Gatway
Corporation. Some of the significant features of the contract include: reserve water
charges; multiple of in city rates; bulk use; all city fees charged; and inspection
of the project.
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