R-88-1077 - 1/14/1988WHEREAS, the City of Round Rock and the Manville Water Supply
Corporation ( "Manville") both operate and maintain public water
supply systems, and
WHEREAS, the two systems are virtually adjacent at one or more
locations, and
WHEREAS, it would be beneficial to both the City and Manville to
construct and interconnect between the two systems to allow for the
temporary transfer of water from one system to the other in the event
of an emergency, and
WHEREAS, a Water Contract has been proposed to provide for said
interconnect, which Contract the City Council wishes to approve, NOW
t
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 Manville, a copy of said
Contract being attached hereto and incor herein for all
purposes.
ATTEST:
RESOLVED this 14th day of January, 1988.
E LAND, City Secretary
C20MANVILLE
RESOLUTION NO. /1
MIKE ROBINSON, Mayor
City of Round Rock
WATER CONTRACT
This Contract is made and entered into by and between the City
of Round Rock, Texas, a home -rule city and municipal corporation
situated in Williamson County, Texas, and the Manville Water Supply
Corporation, a water supply corporation situated in Williamson and
Travis Counties.
RECITALS
WHEREAS, City maintains and operates a public water supply
system which serves the residents of City as well as a limited number
of non - resident customers, and
WHEREAS, Manville maintains and operates a public water supply
system which serves principally rural customers in Williamson and
Travis Counties, and
WHEREAS, the two water systems are virtually adjacent to each
other at one or more locations, and
WHEREAS, it would be beneficial to both City and Manville to
construct an interconnect between the two systems to allow for the
temporary transfer of water from one system to the other in the event
of an emergency, Now Therefore
For and in consideration of the premises and the mutual
agreements, covenants, and conditions hereinafter set forth, the
parties hereto contract and agree as follows, to -wit:
2.01. City and Manville agree to provide for the construction
of a connection between their respective water systems at the Point
of Connection. The connection shall consist of one valve controlled
by City, one valve controlled by Manville, and a four inch (4 ")
two -way meter.
2.02. In the event an Emergency occurs affecting Manville's
water system, City agrees to sell water to Manville for a period of
thirty (30) days or until the Emergency is over, whichever first
occurs. In the event Manville wishes to purchase water for more than
thirty (30) days, it shall submit a request in writing to the Round
Rock City Council, who shall then determine whether or not to honor
the request.
2.03. The water to be provided by City as aforesaid shall come
from surplus water and the City's obligation to provide said :water is
subject to the ability of the City's system to provide for the
municipal, domestic, commercial, and industrial needs within City's
corporate limits, as well as any other contractual obligation
existing as of the date of execution of this contract.
Article I
Definitions
1.01. "City" means the City of Round Rock, Texas.
1.02. "Manville" means the Manville Water Supply Corporation.
1.03. "Emergency" means an unforeseen equipment or system
failure which results in the inability of City or Manville to
adequately serve their customers. "Emergency" does not mean an
inadequate supply of water due to drought conditions.
1.04. "Point of Connection" means a point where the two systems
are connected so that either entity may withdraw water from the other
during an emergency. This point is depicted in Exhibit "A" to this
contract.
T17WTR
Article II
Provisions For Connection and Water Service
2.04. In the event an Emergency occurs affecting City's water
system, Manville agrees to sell water to City for a period of thirty
(30) days or until the Emergency is over, whichever first occurs. In
the event City wishes to purchase water for more than thirty (30)
days, it shall submit a request in writing to the Manville Board of
Directors, who shall then determine whether or not to honor the
request.
2.05. The water to be provided by Manville as aforesaid shall
come from surplus water and Manville's obligation to provide said
water is subject to the ability of Manville's system to provide for
the needs of its water customers.
Article III
Rates
3.01. The party withdrawing water agrees to pay to the party
providing water at the higher wholesale or bulk rate charged by
either party to its own customers.
3.02. The party providing water shall render a monthly bill to
the party withdrawing water for water actually withdrawn.
3.03. Payment shall be made to the party providing water not
later than the thirtieth (30th) day following the billing date for
the water provided during the period covered by the bill. Failure to
make a payment when and as specified will terminate all obligations
under this contract, at the option of the party entitled to payment.
Article IV
Miscellaneous
4.01. Force Maieure. In the event either party is rendered
unable, ,wholly or in part, by force majeure to carry out any of its
obligations under this Contract, then the obligations of that party,
to the extent affected by the force majeure and to the extent that
due diligence is being used to resume performance at the earliest
practicable time, shall be suspended during the continuance of the
inability. The cause, as far as possible, shall be remedied with all
reasonable diligence. The term "force majeure ", includes acts of
God, strikes, lockouts or other industrial disturbances, acts of the
public enemy, orders 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, restraints
of government and people, civil disturbances, explosions, breakage or
accidents to equipment, pipelines, or canals, partial or entire
failure of water supply, and any other inabilities of either party,
whether similar to those enumerated or otherwise, that are not within
the control of the party claiming the inability and that could not
have been avoided by the exercise of due diligence and care. It is
understood and agreed that the settlement of strikes and lockouts
shall be entirely within the discretion of the party having the
difficulty and that the requirement that any force majeure be
remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands of the
opposing party if the settlement is unfavorable to it in the judgment
of the party having the difficulty.
4.02. Effective Date and Termination. This Contract is
effective from the date of its execution by both parties and
continues in effect until terminated by mutual agreement or at the
option of either party by giving one hundred eighty (180) days
written notice to the other party.
4.03. Construction and Venue. This Contract shall be construed
under and in accordance with the laws of the State of Texas, and any
and all actions brought to enforce the terms of this Contract shall
be brought in Williamson County, Texas.
2.
4.04. Successor and Assigns. This Contract shall be binding
upon and inure to the benefit of the parties hereto and their
respective legal representatives, successors, and assigns.
4.05. Merger. This Contract constitutes the sole and only
agreement of the parties hereto and supercedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
EXECUTED in duplicate to be effective the day
of , 1988.
ATTEST:
nne Land, City Secretary
ATTEST:
, Corporate
Secretary
CITY OF ROUND ROCK
By: la
Mike Robinson, Mayor
MANVILLE WATER SUPPLY CORPORATION
By:
, President
3.
•
DATE:
January 12, 1988
SUBJECT: Council Agenda, January 14, 1988
ITEM: 12A - Consider a resolution authorizing the Mayor to
enter into a contract with Manville Water Supply
Corporation.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION: A contract has been prepared to provide a water
system interconnection between Manville Water Supply Corporation
and the City of Round Rock. The terms of the contract is for the
mutual sale of water during emergency situations. Emergency is
considered as unforseen system failure and not for drought conditions.
ECONOMIC IMPACT: This will provide the City with another customer
plus we achieve system rehability at very little capital cost.
RECEIVED AUG - 9 .. • /&7),/
Mayor
Mike Robinson
Mayor Pro
Trudy L. Lee
Council Members
Mike Reitigenstein
Glenn T. King
Pete Correa
Ronnie Jean
Charles Culpepper
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
Mr. Carl Samuelson
Manville Water Supply Corporation
P.O. Box 248
Coupland, Texas 78615
Dear Mr. Samuelson:
Enclosed please find two (2) original executed
Water Contracts. Please return a copy of the
contract after your executing for our records.
JL:dh
enc.
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512- 255.9612
January 21, 1988
Thank you for your assistance.
Sincerely,
Jdanne Land
City Secretary
WATER CONTRACT
This Contract is made and entered into by and between the City
of Round Rock, Texas, a home -rule city and municipal corporation
situated in Williamson County, Texas, and the Manville Water Supply
Corporation, a water supply corporation situated in Williamson and
Travis Counties.
RECITALS ,
WHEREAS, City maintains and operates a public water supply
system which serves the residents of City as well as a limited number
of non - resident customers, and
WHEREAS, Manville maintains and operates a public water supply
system which serves principally rural customers in Williamson and
Travis Counties, and
WHEREAS, the two water systems are virtually adjacent to each
other at one or more locations, and
WHEREAS, it would be beneficial to both City and Manville to
construct an interconnect between the two systems to allow for the
temporary transfer of water from one system to the other in the event
of an emergency, Now Therefore
For and in consideration of the premises and the mutual
agreements, covenants, and conditions hereinafter set forth, the
parties hereto contract and agree as follows, to -wit:
Article I
Definitions
1.01. "City" means the City of Round Rock, Texas.
1.02. "Manville" means the Manville Water Supply Corporation.
1.03. "Emergency" means an unforeseen equipment or system
failure which results in the inability of City or Manville to
adequately serve their customers. "Emergency" does not mean an
inadequate supply of water due to drought conditions.
1.04. "Point of Connection" means a point where the two systems
are connected so that either entity may withdraw water from the other
during an emergency. This point is depicted in Exhibit "A" to this
contract.
T17WTR
Article II
Provisions For Connection and Water Service
2.01. City and Manville agree to provide for the construction
of a connection between their respective water systems at the Point
of Connection. The connection shall consist of one valve controlled
by City, one valve controlled by Manville, and a four inch (4 ")
two -way meter.
2.02. In the event an Emergency occurs affecting Manville's
water system, City agrees to sell water to Manville for a period of
thirty (30) days or until the Emergency is over, whichever first
occurs. In the event Manville wishes to purchase water for more than
thirty (30) days, it shall submit a request in writing to the Round
Rock City Council, who shall then determine whether or not to honor
the request.
2.03. The water to be provided by City as aforesaid shall come
from surplus water and the City's obligation to provide said water is
subject to the ability of the City's system to provide for the
municipal, domestic, commercial, and industrial needs within City's
corporate limits, as well as any other contractual obligation
existing as of the date of execution of this contract.
2.04. In the event an Emergency occurs affecting City's water
system, Manville agrees to sell water to City for a period of thirty
(30) days or until the Emergency is over, whichever first occurs. In
the event City wishes to purchase water for more than thirty (30)
days, it shall submit a request in writing to the Manville Board of
Directors, who shall then determine whether or not to honor the
request.
2.05. The water to be provided by Manville as aforesaid shall
come from surplus water and Manville's obligation to provide said
water is subject to the ability of Manville's system to provide for
the needs of its water customers.
Article III
Rates
3.01. The party withdrawing water agrees to pay to the party
providing water at the higher wholesale or bulk rate charged by
either party to its own customers.
3.02. The party providing water shall render a monthly bill to
the party withdrawing water for water actually withdrawn.
3.03. Payment shall be made to the party providing water not
later than the thirtieth (30th) day following the billing date for
the water provided during the period covered by the bill. Failure to
make a payment when and as specified will terminate all obligations
under this contract, at the option of the party entitled to payment.
Article IV
Miscellaneous
4.01. Force Maieure. In the event either party is rendered
unable, wholly or in part, by force majeure to carry out any of its
obligations under this Contract, then the obligations of that party,
to the extent affected by the force majeure and to the extent that
due diligence is being used to resume performance at the earliest
practicable time, shall be suspended during the continuance of the
inability. The cause, as far as possible, shall be remedied with all
reasonable diligence. The term "force majeure ", includes acts of
God, strikes, lockouts or other industrial disturbances, acts of the
public enemy, orders 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, restraints
of government and people, civil disturbances, explosions, breakage or
accidents to equipment, pipelines, or canals, partial or entire
failure of water supply, and any other inabilities of either party,
whether similar to those enumerated or otherwise, that are not within
the control of the party claiming the inability and that could not
have been avoided by the exercise of due diligence and care. It is
understood and agreed that the settlement of strikes and lockouts
shall be entirely within the discretion of the party having the
difficulty and that the requirement that any force majeure be
remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands of the
opposing party if the settlement is unfavorable to it in the judgment
of the party having the difficulty.
4.02. Effective Date and Termination. This Contract is
effective from the date of its execution by both parties and
continues in effect until terminated by mutual agreement or at the
option of either party by giving one hundred eighty (180) days
written notice to the other party.
4.03. Construction and Venue. This Contract shall be construed
under and in accordance with the laws of the State of Texas, and any
and all actions brought to enforce the terms of this Contract shall
be brought in Williamson County, Texas.
2.
4.04. Successor and Assigns. This Contract shall be binding
upon and inure to the benefit of the parties hereto and their
respective legal representatives, successors, and assigns.
4.05. Merger. This Contract constitutes the sole and only
agreement of the parties hereto and supercedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter. /
E ECUTED in duplicate to be effective the / day
of , 1988.
ATTEST:
nne Land, City Secretary
ATTEST:
CITY OF ROUND ROCK
By:
MANVILLE WATER SUPPLY CORPORATION
By:
3 .
Mike Robinson, Mayor