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R-86-907 - 8/28/1986� 720. 9/9/Z bow /Y 164 August 28, 1986 ATTEST: 13A. Consider a resolution authorizing_the Mayor to enter into a water contract with MUD 12. Staff and the Contract Review Subcommittee have been actively negotiating with 8110 92 representatives For several weeks_ The MUD #2 Board reportedly approved the enclosed agreement last week. Approval was recommended with some revisions. RESOLUTION NO. WHEREAS, there is a proposed water contract between the City of Round Rock, Texas, a Home Rule City located in Williamson County, Texas, hereinafter referred to as the "City", and Williamson County Municipal Utility District No. 2, Williamson County, Texas, a body politic and corporate and a governmental agency of the State of Texas, created and operating pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution, hereinafter referred to as the "District;" and WHEREAS, the City owns and operates a potable water supply system; and WHEREAS, the City has a supply of water not contracted to others and available for the District's use; and WHEREAS, the City desires to and is authorized to provide water service outside its corporate limits; and WHEREAS, the District currently purchases treated water from the City pursuant to the terms and conditions of that certain Water Supply Contract dated February 12, 1976 between the City and Brushy Bend Park, Inc., the District having acquired certain rights and obligations under this contract, and the District anticipates that Its water needs will substantially grow in the foreseeable future and will exceed the amount of water specified in that contract; and WHEREAS, the District agrees to release the City from it's obligations for water service under the aforementioned Brushy Bend Park Contract in favor of the herein proposed District Water Contract; 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 Contract with said District, a copy of said Contract being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of August, 1986. MIKE ROBINSON, Mayor City of Round Rock, Texas JOANNE LAND, City Secretary Sam Huey went over projected revenues for M.U.U. 92 through 1991. The contract is for three million gallons per day average and the City has a total of twenty -eight million gallons per day from all sources. Discussion occurred concerning taps and what type of assurance the City has if the M.U.D. does not build out as expected. ! MOTION: Councilman Heillgenstein moved to adopt the resolution authorizing the Mayor to sign the contract only after revisions have been signed by the M.U.D. #2 Board. Councilman Jean seconded the motion. • August 28, 1986 165 VOTE: Ayes: Councilman Heiligenstein Councilman King Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Robinson Noes: None ACTION: The motion carried unanimously. 13B. Consider a resolution authorizing the Mayor to enter into a contract with Round Rock Independent School District for collection of the 1986 - 87 taxes. This is the same contract as approved For the past eight years. Again this year the contract amount is reduced from the prior year of $55,000 to $49,164. Staff recommended approval. ATTEST: VOTE= RESOLUTION NO. ___ WHEREAS, the Round Rock Independent School District and the City of Round Rock wish to share the cost of assessing and collecting taxes, and WHEREAS, the Round Rock Independent School District has submitted a contract to the City for its approval, and WHEREAS, the Council of the City of Round Rock wishes to enter into said contract with the Round Rock Independent School District, 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 contract with the Round Rock Independent School District which provides for the sharing of tax assessing and collection costs; a copy of said contract is attached hereto and made a part hereof for all purposes. RESOLVED this 25th day of October, 1984. MIKE ROBINSON, Mayor City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilman Culpepper moved to adopt the resolution. Councilman King seconded the motion. Ayes: Councilman Heiligenstein Councilman King Councilman Correa Councilman Jean Councilman Culpepper (12) ATTEST: /rrrrce,�u�ca( WHEREAS, there is a proposed water contract between the City of Round Rock, Texas, a Home Rule City located in Williamson County, Texas, hereinafter referred to as the "City ", and Williamson County Municipal Utility District No. 2, Williamson County, Texas, a body politic and corporate and a governmental agency of the State of Texas, created and operating pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution, hereinafter referred to as the "District;" and WHEREAS, the City owns and operates a potable water supply system; and WHEREAS, the City has a supply of water not contracted to others and available for the District's use; and WHEREAS, the City desires to and is authorized to provide water service outside its corporate limits; and WHEREAS, the District currently purchases treated water from the City pursuant to the terms and conditions of that certain Water Supply Contract dated February 12, 1976 between the City and Brushy Bend Park, Inc., the District having acquired certain rights and obligations under this contract, and the District anticipates that its water needs will substantially grow in the foreseeable future and will exceed the amount of water specified in that contract; and WHEREAS, the District agrees to release the City from it's obligations for water service under the aforementioned Brushy Bend Park Contract in favor of the herein proposed District Water Contract; 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 Contract with said District, a copy of said Contract being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of August, 1986. Jr /NNE LAND, City Secretary RESOLUTION NO 1 MIKE ROBINSON, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON 4 5 KNOW ALL MEN HY THESE PRESENTS: AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 FOR THE SALE OF POTABLE WATER This Agreement is entered into between the City of Round Rock, Texas, a Home Rule City located in Williamson County, Texas, hereinafter referred to as the "City ", and Williamson County Municipal Utility District No. 2, Williamson County, Texas, a body politic and corporate and a governmental agency of the State of Texas, created and operating pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution, hereinafter referred to as the "District." RECITALS WHEREAS, the City owns and operates a potable water supply system; and WHEREAS, the City has a supply of water not contracted to others and available for the District's use; and WHEREAS, the City desires to and is authorized to provide water service outside its corporate limits; and WHEREAS, the District currently purchases treated water from the City pursuant to the terms and conditions of that certain Water Supply Contract dated February 12, 1976 between the City and Brushy Bend Park, Inc., the District having acquired certain rights and obligations under this contract, and the District anticipates that its water needs will substantially grow in the foreseeable future and will exceed the amount of water specified in that contract. NOW, THEREFORE, for and in consideration of the mutual agreements, conditions, and covenants contained herein, the parties do hereby agree and contract as follows: ARTICLE I DEFINITIONS 1.1 "Agreement" means this contract. 1.2. "BRA Agreement" means that certain Water Supply Agreement Between Brazos River Authority and City of Round Rock dated January 24, 1985, as amended, that enables the City to withdraw water from Stillhouse Hollow Lake under certain conditions contained therein. 1.3. "Brushy Bend Park Agreement" means that certain Water Supply Contract entered into by the City and Brushy Bend Park, Inc. on February 12, 1976, as amended. 1.4. "Point(s) of Delivery" means the point(s) at which water passes through a meter and, thereafter, is owned and controlled by the District, its successors and assigns. 1.5. "Water" means, unless otherwise specifically indicated herein, potable water suitable for use for domestic and municipal purposes and meeting the requirements of the Texas Department of Health for public consumption. 1.6. "mgd average" means the number of million gallons per day averaged over a period of one year. 1.7. "mgd peak" means the number of million gallons that shall not be exceeded on any one day. ARTICLE II Brushy Bend Park Agreement After the effective date of this Agreement the District shall no longer be entitled to receive, and the City shall no longer be obligated to supply, water pursuant to the Brushy Bend Park Agreement. Paragraphs 5.5, 5.6, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8 and 7.2 of the Brushy Bend Park Agreement shall continue in effect between the City and the District throughout the term of this Agreement, but all other rights and obligations of the District and the City, to each other, with respect to that agreement, shall terminate. Nothing herein shall alter the terms of the Brushy Bend Park Agreement as between the City and any party to that agreement other than the District. ARTICLE III Section 3.1_ Quantity Requirements. Beginning on the effective date of this Agreement, the City shall furnish to the District at the Point(s) of Delivery such quantities of water as -2- may be required by the District, not to exceed 3 mgd average nor 9 mgd peak. Section 3.2. Charges. The charges by the City, to the District, for delivery of water pursuant to this Agreement, shall consist of the Prepayment Fee, the Base Water Service Fee, the Reserved Commitment Charge, the Surcharge and the Service Charge, all as more fully described hereafter. Section 3.3. Prepayment Fee. The Prepayment Fee shall be a contribution to the cost of operating and maintaining the City's system, and shall be calculated for each connection by computing the present cash value of the difference between the rates that would be received by the City from the date of application to the City for said connection to August 1, 2006 for that connection assuming use of 10,000 gallons per month, at 1.25 times the lowest applicable in -City rate at the time of such request for that connection and such lowest applicable in -City rate multiplied by the City's out -of -city multiplier in effect at the time of such connection for customers of the same class as the District. The City's out -of -city multiplier at the time of this contract, for customers of the same class as the District, is 2.0. The City is in process of conducting a rate study, and this multiplier may be changed from time to time pursuant to this rate study or to other action by the City Council. The difference in rates shall be reduced to present cash value using the discount rate of 8.0 percent. This Prepayment Fee will be payable as set forth in Section 3.5. Section 3.4. Base Water Service Fee. The Base Water Service Fee shall be a contribution to the capital costs of raw water transmission and water treatment facilities required to provide the District's service commitment and shall be equal to the City's current Base Water Service Fee per LUE on connections made on or after the effective date of this Agreement. This Base Water Service Fee will be payable as set forth in Section 3.5. -3- Section 3.5. Payment of Prepayment Fee and Base Water Service Fee. The District shall pay to the City the Base Water Service Fee plus the appropriate Prepayment Fee per LUE for each connection that it makes on or after the date of this Agreement. Said payments will be due and payable at the same time that the District is due to pay the next monthly bill for the Service Charge that it receives after such connection is made. For the purpose of determining the number of LUE5 for a connection, the term "LUE" shall have the following meaning: The number of LUEs for residential uses shall be determined as follows: TYPE OF RESIDENTIAL UNIT NUMBER OF LUES Single Family Detached 1.0 Duplex 0.9 per unit Tri -Plex- Four -Plex, and Multi - Family 0.7 per unit The number of LUEs for commercial use shall be determined by the size and type of water meter purchased for the property as follows: METER SIZE METER SIZE AND TYPE # OF LUES AND TYPE # OF LUES 5/8" simple 1.0 3" turbine 24 3/4" simple 1.5 4" compound 25 1" simple 2.5 4" turbine 42 1 1/2" simple 5 6" compound 50 2" simple 8 6" turbine 92 2" compound 8 8" compound 80 2" turbine 10 8" turbine 160 3" compound 16 10" compound 115 10" turbine 250 12" turbine 330 The City is concerned that builders or others will acquire the right to connections from the District in advance of need in an effort to avoid paying any increase in the District's connection fees that may result from this Agreement. The District will therefore submit to the City a record of its connection fees up until the time of this agreement, for the preceding three years. If, in the judgment of the City, the connection fees between June 1, 1986 and the date of this agreement show a certain number of connection fees to be -4- atypical and attributable to the pendancy of this Agreement, the District will pay to the City the capital recovery fee and prepayment fee for such number of atypical connections. If the District disagrees with the judgment of the City on this determination the matter shall be resolved by arbitration pursuant to the rules of the American Arbitration Association. ARTICLE IV Section 4.1. Rates. The rate charged by the City for water service to District pursuant to this Agreement shall be comprised of three components, the Service Charge, the Reserved Commitment Charge, and the Surcharge, which shall be separately stated on each bill to the District along with the calculations necessary to determine the amount of each charge. Section 4.2. Service Charge. The Service Charge shall be calculated on the basis of the amount of water actually delivered to the District by the City during the billing period. The Service Charge shall equal the City's then current lowest inside -city rate for water service times 1.25. Section 4.3. Reserved Commitment Charge. Prior to the Completion Year (as that term is defined in the BRA Agreement) the BRA Agreement requires the City to pay the BRA a certain rate for water which is committed under Paragraph 2 of the BRA Agreement and made available for diversion from Stillhouse pursuant to an Election Notice, which rate is hereinafter called the "Election Rate." Prior to the Completion Year the BRA Agreement requires the City to pay a certain rate for water which is committed under Paragraph 2 of the BRA Agreement but which is not yet made available for diversion pursuant to an Election Notice, which rate is hereafter called the "No Election Rate." Beginning with the Completion Year the BRA Agreement requires the City to pay a certain rate for all water committed to the City under the BRA Agreement, whether or not diverted or available for diversion, which is hereafter called the "Completion Rate." -5- The Reserved Commitment Charge shall be the charged paid by the District, to the City, for water which is committed under this Agreement but not delivered to the District during the year in question. Prior to the Completion Year such unused water shall be paid for at the No Election Rate, and after the Completion Year such unused water shall be paid for at the Completion Rate. The Reserved Commitment Charge shall be estimated by the City on an annual basis prior to December 31st of each year based upon the District's projection of consumption for the next year and upon the 3 mgd average committed under this Agreement. The estimated annual Reserved Commitment Charge shall be billed to the District in twelve (12) equal installments during the year. The Reserved Commitment Charge shall be recalculated at the end of each calendar year based upon the District's actual consumption during the year. Any difference between the actual Reserved Commitment Charge and the previously estimated Reserved Commitment Charge for that year shall be carried forward as a debit or credit to the Reserved Commitment Charge for the succeeding year. Section 4.4. Surcharge. If the amount of water delivered by the City to the District during any year is less than the amount of water delivered during the preceding year, the District shall pay a surcharge for such difference, instead of the Reserved Commitment Charge on such unused water. Prior to the Completion Year the surcharge shall equal the difference in the amounts of water delivered during the year in question, and during the preceding year times the Election Rate. After the Completion Year the surcharge shall equal the difference in the amounts of water delivered in the year in question, and during the preceding year, times the Completion Rate. The surcharge shall be estimated by the City on an annual basis prior to December 31st of year based upon the District's estimated consumption for the year in question and the preceding year. The estimated surcharge shall be billed to the District -6- in twelve (12) equal installments during the year. The surcharge shall be recalculated as soon as all the data is available for such recalculation and the surcharge payments for the year shall be adjusted pursuant to such recalculation. ARTICLE V OTHER RIGHTS AND OBLIGATIONS OF THE CITY Section 5.1. Limitation of Obligation to Sell Water. The District specifically agrees that the supply of Water to the District may be reasonably limited by the City on the same basis and to the same extent as the supply of Water to comparable customers within the City. The District shall require compliance with the City's water conservation ordinances, as amended from time to time. Section 5.2. Metering Equipment. The District, at its sole expense, shall install at the Point(s) of Delivery the necessary metering equipment and required devices of standard type to properly measure the quantity of water delivered to the District. The City, at its sole expense, shall install at any point where water passes from facilities owned by the District to other facilities, to be delivered to other customers of the City, the necessary metering equipment and required devices of standard type to properly measure the quantity of water delivered from the District's facilities to such other customers. Thereafter, the District shall calibrate the metering equipment at the Point(s) of Delivery at a reasonable time after a request to do so by the City but not less frequently than once every twelve (12) months. The District shall -notify the City at least three (3) days prior to any such calibrations and the City shall have the right to have a representative present during such calibrations. The City shall calibrate the metering equipment at the point where water passes from the District's facilities to other customers of the City, -7- at a reasonable time after a request to do so by the District but not less frequently then once every twelve (12) months. The City shall notify the District at least three (3) days prior to any such calibrations, and the District shall have the right to have a representative present during such calibrations. A meter registering not more than three percent (3 %) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate and the statement of charges for water delivered to or from the District shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such test. 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 District shall agree upon a different amount. The metering equipment register shall be read on or about the first day of each month during normal business hours. Section 5.3. Consumption Record. The City shall keep accurate records of all readings from the meters installed pursuant to Section 5.2. above. These records shall be subject to inspection by the District at reasonable times and places. Section 5.4. Billing and Deposits. The District shall be billed, and payments shall be due as required by the City's policies for its other customers. The District shall make an advance deposit in an amount equal to one and one -half (1 1/2) times its average monthly charges under this Agreement for the previous 12 month period, which sum is considered to be reasonably adequate to secure the District's future monthly water charges. If authorized by the City, this deposit shall be collected and held by the City for the term of this Agreement in a separate interest earning account and will accrue interest in favor of the District during the time in which it is retained by the City. The amount of money deposited with the City may be adjusted annually on September 30. If the amount of such deposit and accrued interest is less than one and one -half times the District's average monthly charge under this Agreement during the previous 12 month period and upon request by the -8- City, the District shall deposit any additional amount of money required to comply with the terms of this Section. If authorized by the City, all money deposited with the City shall be held in the interest earning account, shall only be used for the purpose of securing the District's future monthly water charges, and may not be withdrawn by the City to use for other purposes. Section 5.5. Point(s) of Delivery. The initial Point(s) of Delivery will be those Points of Delivery currently in existence on the effective date of this Agreement and which are at the discharge side of the meters installed by the District pursuant to Section 5.2 above on the existing City Water System. Additional Point(s) of Delivery may be constructed at a later date by mutual consent of the parties. Upon passing though the meter at the Point(s) of Delivery, the water becomes the property of the District, its successors and assigns. Section 5.6. Issuance of District Bonds. The City acknowledges and agrees that any bonds issued by the District may be secured by a pledge of the net revenues from the operation of the District's water system. Section 5.7. Contracts With Other Customers. The City reserves the right to contract with other persons, natural or corporate, private or public, and to perform services similar to those performed under this Agreement as well as other services; however, to the extent allowed by law, the City shall make no other contract for service to such other persons or entities within the District's boundaries and the City shall make no other contract for service which may impair its ability to deliver the quantity and quality of water to the District which is specified in this Agreement. ARTICLE VI OTHER RIGHTS AND OBLIGATIONS OF THE DISTRICT - Section 6.1. Payment of Rate Charge. Upon receipt of the itemized statement of the amount of water determined to be delivered to the District, and the charges therefor, the District shall pay the amount due on or before the due date listed. If the District disputes the amount of water stated to have been consumed or the charges therefor, it shall pay the charges due and seek relief in any legal manner available to it, including the remedy of recalibration under this Agreement. In the event that the quantity stated, or the charges therefor, are found to be in error, any overages shall be credited to future billing statements by the City. Section 6.2. Resale of Water. The District is expressly authorized to resell the water delivered hereunder to retail customers, who may be residential or commercial users. Provided, however, that with the exception of deliveries to the Williamson County Water Company pursuant to the Brushy Bend Park Agreement, the District shall not sell or deliver water to any party outside the District's current boundaries without prior approval of the City. Section 6.3. Relinquishment of Capacity. If the District desires to relinquish all or part of its commitment under this Agreement, whether by reason of obtaining a supply of water from another source or for any other reason, it may do so, and, subject to the conditions hereinafter set forth, the District shall be relieved of its pro rata portion of the Reserved Commitment Charge and the Surcharge attributable to such relinquished commitment. The condition for release of the District from the Reserved Commitment Charge and Surcharge for such released commitment shall be the City obtaining another customer, through the efforts of the District, who shall obtain from the City a new or additional commitment equal to all or part of the commitments relinquished by the District. The District shall then be released from its obligation to pay the Reserved Commitment Charge and Surcharge for such part of the relinquished commitment that is taken by the new customer or added by an existing customer. The District may continue to exert its efforts to cause the City to obtain a new customer, or an additonal commitment from an existing customer, and the -10- District shall be similarly released from the corresponding Reserved Commitment Charge and Surcharge, until the commitments obtained by new customers or additions by existing customers equal or exceed the commitment relinquished by the District. ARTICLE VII TERM OF AGREEMENT The initial term of this Contract shall be for a period of twenty (20) years from the date it becomes effective. If, at the end of the term of this Contract, City elects not to renew this Agreement, City shall not terminate service until the District has had a reasonable time, which shall be a period not less than twenty -four (24) months, in which to procure alternate service. ARTICLE VIII FORCE MAJEURE The City shall not be liable to the District or any user of the District for the failure of the City to provide water service where the failure results from force majeure. The term "force majeure" as employed herein, shall mean 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, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, or explosions. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the City and that the requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the City. ARTICLE IX MISCELLANEOUS PROVISIONS Section 9.1. Audit Reciuirements. The District is required by the Texas Water Code to have its accounts and records audited annually by a certified public accountant. The District agrees to instruct the certified public accountant conducting this audit to audit the District's compliance with its duties to the City of Round Rock under this contract, and to furnish that part of the audit to the City annually. Section 9.2. 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 provisions. 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. Section 9.3. Regulatory Agencies. This Agreement shall be subject to all valid rules, regulations, and laws applicable thereto, passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction. The District and the City shall comply with all applicable statutes, rules and regulations as may now exist or as may be promulgated by the State of Texas and its administrative agencies and the United States of America and its administrative agencies. Section 9.4. 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. Section 9.5. Indemnification. The District agrees to indemnify and hold the City harmless from any claims which are made against the City which arise as a result of the District's negligence in the operation of the District's Water System. Likewise, the City agrees to indemnify and hold the District harmless from any claims which are made against the District which arise as a result of the City's negligence in the operation of the City's Water System. -12- Section 9.6. Addresses and Notice. Unless otherwise provided in this Agreement, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice ") herein provided or permitted to be given, made or accepted by either party to the other must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party, or by prepaid telegram, when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of four (4) days after it is so deposited. Notice given in any other manner shall be effective only is and when received by the party to be notified. For the purpose of Notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: If to City, to: City of Round Rock 214 East Main Street Round Rock, Texas 78664 If to District, to: Williamson County Municipal Utility District No. 2 3737 Hairy Man Road Round Rock, Texas 78681 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least fifteen (15) days' written notice to the other party. Section 9.7. Severability. -13- Except as set forth hereafter, the provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever by held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected thereby. Notwithstanding the foregoing paragraph, if any provision in Article III or Article IV of this Agreement pertaining to fees or charges shall ever be held by any court or agency of competent jurisdiction to be invalid or unconstitutional for any reason, all of the remaining fees and charges shall be null and void, the fees and charges for the delivery of water pursuant to this Agreement shall be renegotiated. Section 9.8. Modification. This Agreement shall not be subject to change or modification without the express written mutual consent of the governing bodies of each of the parties hereto. Section 9.9. District Authorization. This Agreement and all of its provisions have been authorized, approved and entered into by the District by virtue of action taken by the Board of Directors pursuant to law and has been executed by its President, and attested by its Secretary, upon and by authority of a resolution passed at a meeting of the Board of Directors held on the day of , 1986. Section 9.10. City Authorization. This Agreement and all of its provisions have been authorized, approved and entered into by the City by virtue of action taken by the City Council pursuant to law and has been executed by its Mayor, and attested by its Secretary, upon and by authority of a resolution passed at a meeting of the Round Rock City Council held on the day of , 1986. The effective date of this Agreement is 1986. ATTEST: SECRETARY (SEAL) THE CITY OF ROUND ROCK, TEXAS 214 East Main Street Round Rock, Texas 78664 BY: MAYOR -14- ATTEST: SECRETARY (SEAL) Revision 8/20/86 MWK6 /RR- WC -SPW WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 3737 Hairy Man Road Round Rock, Texas 78681 BY: PRESIDENT -15-