R-89-1224 - 1/26/1989WHEREAS, the City of Round Rock has requested proposals for
electrical renovations for the West Wastewater Treatment Plant, and
WHEREAS, Pioneer Electric has submitted the best proposal, and
WHEREAS, the City Council wishes to accept the proposal of
Pioneer Electric, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the proposal of Pioneer Electric is hereby accepted as the
best proposal, and the Mayor is hereby authorized and directed to
execute on behalf of the City a contract with Pioneer Electric for
electrical renovations for the West Wastewater Treatment Plant.
RESOLVED this 26th day of January, 1989.
ATTEST:
d &_f 114
C38RESPIONEER
LAND, City Secretary
RESOLUTION NO. /
,Z4
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DATE: January 24, 1989
SUBJECT: Council Agenda, January 26, 1989
ITEM: 8B. Consider a resolution authorizing the Mayor
to enter into a contract with Pioneer
Electric for electrical renovations of
the West Wastewater Treatment Plant.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION: The purpose of this contract is to rebuild
the Motor Control Center for Wastewater Treatment Plant #1
at the West plant. The City solicited quotes from several
contractors and Pioneer was the lowest and best at $5,806.00.
This upgrade will save repeated repair costs at the M.C.C.
ECONOMIC IMPACT:
N OUANTITY
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THIS IS NOT AN ORDER
CITY OF ROUND ROCK - -ROUND ROCK, TEXAS
TERMS
'ease QUOTE on the following not later than
THE NOTICE TO BIDDERS PRINTED ON THE REVERSE
SIDE OF THIS FORM IS HEREBY MADE A PART OF THIS
OUOTATION
FUND FUNC OBJ SUE ORO
OUOTATION
SUBMITTED BY:
NAME
PRICE
F.O.B.
RETURN TO
THIS ADDRESS
REOUISITKN NUMBER
Mark your return
envelope as follows:.
"QUOTATION”
DATE
CITY OF ROUND ROCK
214 East Main Street
Round Rock, Texas 78664
(Prices Must Be Extend
PIONEER ELECTRICAL SERVICES, INC.
Commercial & Industrial & Contracting
13581 Pond Springs Rd. #104
Austin, TX 78729
(512) 335 -0071
14 December, 1988
City of Round Rock, Texas
221 East Main St.
Round Rock, Texas
Attn: Mr. Mike Volmer, Mr. Gary Matt, Mr. Jerry Wawscow.
Re: Waste Water Treatment Plant on E. Austin Ave.
Gentlemen:
We are pleased to offer the following proposal on electrical
renovation work at the above referenced site. This proposal
is per attached drawing and listed clarifications.
Clarifications
1) All equipment and workmanship to meet or exceed the 1987
National Electrical Code and City of Round Rock Electrical
Ordinance #2314
2) All Equipment, motors, devices, etc., in this bid grounded
and bonded per article # 250 N.E.C. 1987.
3) Proposal includes the following:
A) Dismantling and removal of existing rack and components
and rotted poles.
B) Constructing new rack and installing new support pole
per attached drawing.
C) New equipment furnished:
1) Three(3) size 2 NEMA 12 combinationdisconnect and
motor starter with hand -off automatic switch, phase
failure relay and lighting arrestor.
2) Two (2) 30 amp 3 pole NEMA 4R fused disconnect switches
with weatherproof hubs and fused to load.
3) One (1) 60 amp. 3 pole NEMA 4R fused disconnect switch
with weatherproof hubs and fused to load.
4) One (1) 2 KVA NEMA 3R transformer.
5) One (1) 12 circuit NEMA 4R panel with one 15 amp. G.F.I.
breaker and one 20 amp. regular breaker installed.
6) One (1) NEMA 4R hinged wireway.
cont''
PIONEER ELECTRICAL SERVICES. INC.
Commercial & Industrial & Contracting
13581 Pond Springs Rd. #109
Austin, TX 78729
(512) 335 -0071
7) One 3 phase lightning arrestor installed on existing
control panel.
8) All conduit hot dipped galvanized to better withstand
environment.
9) Rack of heavy gauge galvanized channel with galvanized
fittings.
10) One (1) weatherproof duplex receptacle.
11) Grounding lugs on all switches, devises, starters, motors,
and components.
Proposal Price: $4,853.00
If you have any questions or we can be of further assistance please
contact us.
Sincerely,
Q
Allin Still
Chief Estimator.
2
4 January 1989
PIONEER ELECTRICAL SERVICES, INC.
Commercial & Industrial & Contracting
13581 Pond Springs Rd. #104
Austin, TX 78729
(512) 335 -0071
City of Round Rock
221 Main Street
Round Rock, Texas
Attn: Mr. Mike Volmer, Mr. Cary Matt, Mr. Jerry Wanslow
Re . Waste Water Treatment Plant on E, Austin Ave
Gentlemen:
To confirm our telephone conversation, on this date, concerning the following
items.
(1) Conduit and wire from starters to blower motors will be replaced per
our drawing dated 12 - 14 - 88
(2) Down time will be kept to a minimum. Maximum down time being less than
eight hours. We will temporary service to critical motor to eliminate
down time on those to less than two hours.
(3) Rebuilding the exsisting riser consisting of the following.
A. One (1) new 460 volt 3 phase 200 amp fused Nema 4R disconnect fused
to proper size.
B. New conduit, wire and weatherhead. Conduit being rigid galvanized
conduit.
Additional price being $953.00
(4) Total new price on proposal $5,806.00
If you have any questions, or we can be of further assistance, please contact
us.
Sincerely,
Allin Still
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AGREEMENT REGARDING ONION CREEK INTERCEPTOR PHASE II
WASTEWATER LINE
STATE OF TEXAS
COUNTY OF WILLIAMSON
Th ;s agreement ( "Agreement ") is made and entered into as of
the day of fp\AA).0.1 , 1989, by and among the
following:
BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES ( the "District "), a water control
and improvement district created by order of the State of Texas
Board of Water Engineers (presently the Texas Water Commission)
by order dated November 1, 1956, which creation was confirmed by
an election held within the District on January 8, 1957, and was
validated by Acts, 1957, 55th Legislature, Regular Session,
Chapter 341, Page 807, as amended by Acts, 1957, 55th
Legislature, Second Called Session, Chapter 10, Page 166,
CITY OF AUSTIN ( "Austin "), a municipal corporation organized
under authority of Article 11, Section 5 of the Texas
Constitution,
CITY OF ROUND ROCK ( "Round Rock "), a municipal corporation
organized under authority of Article 11, Section 5 of the Texas
Constitution,
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 ( "MUD
9 "), a political subdivision of the State of Texas, organized
under authority of Article 16, Section 59 of the Texas
Constitution, and
LOMAS LAND, INC. ( "Lomas "), a Texas corporation.
RECITALS
1. The District previously signed a wastewater disposal
agreement, dated April 11, 1988, with Austin and Round Rock,
which agreement, as amended from time to time, is hereinafter
referred to as the "Wastewater Disposal Agreement ". In this
Agreement, Austin and Round Rock are collectively referred to as
the "Customers ". The Wastewater Disposal Agreement provides for
the construction and operation by the District of a regionalized
wastewater transportation and treatment system which system would
serve the western portion of the Brushy Creek watershed in
Williamson County, Texas. In this Agreement, the wastewater
transportation and treatment system described in the Wastewater
Disposal Agreement is referred to as the "District's System ".
2. The District's System is described in the Wastewater
Disposal Agreement by reference to an engineering report, which
report may be modified from time to time. Integral parts of
Phase lA of the District's System are the Onion Creek Pumpover
and Onion Creek Interceptor, Phases I and II. The District
proposes to use the Onion Creek Pumpover and the Onion Creek
Interceptor to transport wastewater from the Brushy Creek
watershed west of Round Rock to Round Rock's wastewater
collection system in the Onion Creek watershed on an interim
basis until the District can complete construction of the
District's treatment facilities and the facilities which are
proposed to transport the wastewater from the Brushy Creek
watershed through Round Rock's corporate limits to the District's
treatment facilities.
3. Lomas, on behalf of MUD 9, proposes to immediately
construct a portion of the District Contract No. 5 - Phase II
(from Station 22 +58.20 to Station 96 +05.77) in an effort to
receive wastewater transportation and treatment service for
property located within the boundaries of MUD 9 as soon as
possible. MUD 9 will reimburse Lomas for the costs of
constructing the Onion Creek Interceptor, Phase II, in accordance
with the rules and regulations of the Texas Water Commission.
Lomas also proposes to convey the Onion Creek Interceptor, Phase
II to the District, if and when the District pays Lomas a portion
of the costs paid by Lomas for constructing the District's Onion
Creek Interceptor, Phase II.
4. MUD 9 is located within Round Rock's extraterritorial
jurisdiction, so MUD 9 is eligible to receive wastewater
collection, treatment, and disposal service through Round Rock's
participation in the District's System.
5. The general location of the District's Onion Creek
Interceptor, Phase II is shown on the vicinity map attached to
this Agreement as Exhibit "A ", and incorporated herein for all
purposes.
AGREEMENT
For and in consideration of the mutual promises, covenants,
obligations, and benefits of this Agreement, the District, the
Customers, MUD 9, and Lomas contract and agree as follows:
ARTICLE I
CONSTRUCTION OF FACILITIES
Section 1.01 Description of Facilities. As used in this
Agreement, the terms and phrases beginning with capitalized
letters listed below shall be defined as follows, unless the
context clearly indicates to the contrary:
-2-
a. MILBURN FORCE MAIN. The phrase "Milburn Force Main"
shall mean the 12 -inch force main approximately 5808 feet in
length which begins at the Onion Creek Force Main, parallels Farm
to Market Road 3406, and terminates at the Onion Creek
Interceptor, Phase I.
b. ONION CREEK PUMPOVER. The phrase "Onion Creek
Pumpover" shall mean the "Onion Creek Lift Station ", "Onion Creek
Force Main" and "Onion Creek Interceptor, Phase I ".
c. ONION CREEK LIFT STATION. The phrase "Onion Creek Lift
Station" shall mean the project consisting of a lift station and
related appurtenances described in the drawings and plans and
specifications for the District Contract No. 4, which drawings
and plans and specifications are incorporated into this Agreement
by reference as if attached to this Agreement as an exhibit,
together with fee simple title to the site; an all- weather road
located within an access easement from a paved road dedicated to
the public as of the effective date of this Agreement to the
site; permits, licenses, easement, rights -of -way, and land
required for the construction, operation, maintenance, repair,
replacement and expansion of the lift station; and all other
related appurtenances. The Onion Creek Lift Station shall
consist, by way of example and not by limitation, of the
following: a wet -well with a capacity of 5000 Living Unit
Equivalents (as "LUEs" are defined in the Wastewater Disposal
Agreement) and an initial pumping capacity of 1650 LUEs.
d. ONION CREEK FORCE MAIN. The phrase "Onion Creek Force
Main" shall mean the project consisting of a 16 -inch force main
approximately 3055 feet in length, as more specifically described
in the drawings and plans and specifications for the District
Contract No. 5 - Phase I, which drawings and plans and
specifications are incorporated into this Agreement by reference
as if attached to this Agreement as an exhibit; together with all
permits, licenses, easements, rights -of -way and land required for
the construction, operation, maintenance, repair and replacement
of the force main; and all other related appurtenances. The
Onion Creek Force Main begins at the Onion Creek Lift Station,
generally parallels the eastern boundary of the Tonkawa Springs
subdivision, and terminates at the Milburn Force Main.
e. ONION CREEK INTERCEPTOR, PHASE I. The phrase "Onion
Creek Interceptor, Phase I" shall mean the project consisting of
a 24 -inch interceptor approximately 1179 feet in length, as shown
on the drawing and plans and specifications for the District
Contract No. 5 - Phase I, which drawings and plans and
specifications are incorporated into this Agreement by reference
as if attached to this Agreement as an exhibit; together with all
permits, licences, easements, rights -of -way and land required for
the construction, operation, maintenance, repair and replacement
of the interceptor; and all other related appurtenances. The
Onion Creek Interceptor, Phase I shall begin at the Milburn Force
-3-
Main near Farm to Market Road 3406 and terminate at Round Rock's
existing wastewater interceptor for the Onion Creek watershed.
f. FACILITIES or ONION CREEK INTERCEPTOR, PHASE II. The
phrase "Facilities" or "Onion Creek Interceptor, Phase II" shall
mean the project consisting of a 24 -inch interceptor
approximately 7,350 feet in length, as more specifically
described on the drawings and plans and specifications for the
District Contract No. 5 - Phase II. For purposes of this
Agreement, the Onion Creek Interceptor, Phase II begins at
Station 96 +05.77 and terminates at Station 22 +58.20, the
beginning of the Onion Creek Interceptor, Phase I.
Section 1.02 Authorization to Construct Facilities. By
execution of this Agreement, the District, the Customers, and MUD
9 authorize Lomas to construct the Facilities, subject to
subsection 1.04(e) hereof. In connection with such construction,
the District hereby assigns to Lomas all of its right, title and
interest in and to the three easements attached hereto as
Exhibits "B ", "C" and "D" and made a part hereof for all purposes
in order to carry out its obligations under this Agreement and,
upon consent of the District's engineers, if required, agrees to
make available to Lomas all engineering plans and specifications
prepared for the District for the construction of the Facilities.
The District, the Customers and MUD 9 may terminate their
respective authorizations to construct the Facilities in the
event Lomas defaults in the performance of this Agreement and
after notice of default and opportunity for cure as provided by
Section 4.04 of this Agreement, if Lomas does not cure the
default during the time allowed for cure of default under Section
4.04 of this Agreement, or if Lomas does not commence
construction (as determined by the issuance of notice to the
contractor to proceed with construction) of the Facilities within
one hundred - eighty days after the date all parties have executed
this Agreement. Lomas agrees to proceed with due diligence to
construct the Facilities.
Section 1.03 Construction Costs. All equipment, materials,
and supplies required in connection with the construction of the
Facilities shall be acquired in the name of Lomas. Lomas shall
require the construction contractor or contractors to construct
the Facilities in a good and workmanlike manner and to meet the
requirements of all federal, state and local regulatory
authorities and to represent that the materials used in
construction of the Facilities shall be free from defects and fit
for their intended purpose. Lomas shall promptly pay when due
all costs of constructing or installing the Facilities, including
the following by way of example and not by limitation: all
engineering, surveying, materials, labor, construction, fiscal,
legal, administrative, advertising, auditing of project costs,
conveyance of Facilities to the District, and material testing
and construction inspection arising in connection with the
construction of the Facilities; all costs incurred in connection
with obtaining governmental approvals, certificates, or permits,
-4-
required as a part of the Facilities; all insurance premiums
required of Owner in construction contracts, ad valorem taxes,
and any miscellaneous costs incurred by Lomas attributable to the
construction of the Facilities; and all out -of- pocket expenses
incurred by Lomas in connection with the construction of the
Facilities; provided, however, Lomas and MUD 9 shall have no
obligation to reimburse the District or the Customers for any
portion of the amounts heretofore paid by the District and the
Customers for the preparation of engineering plans for the
Facilities and for the acquisition of easements for the
Facilities. The District, the Customers, and MUD 9 shall not be
liable to any contractor, engineer, attorney, materialman, or
other party employed or contracted with by Lomas in connection
with the construction of the Facilities.
Section 1.04 Supervision by the District. Lomas shall
comply with the following conditions:
(a) Status Reports. Lomas shall make monthly written
status reports to the District regarding the construction of
the Facilities and the costs incurred by Lomas relating to
the construction of the Facilities.
(b) Engineer. Lomas shall employ Lichliter /Jameson &
Associates, Inc. who shall (1) perform construction
management services for the day -to -day activities of the
construction of the Facilities, and pursue the timely
completion of the Facilities subject to the weather, the
availability of adequate labor, machinery and materials, and
other factors beyond the control of Lomas; and (2) perform
or supervise construction staking and resident project
representation during construction of the Facilities. Lomas
shall have the right at any time to terminate the services
of the engineer and to engage the services of other
engineers provided, however, prior to employment of the
other engineers, Lomas shall submit the name of the engineer
and the contract for engineering services relating to the
Facilities to the District for the District's review and
approval.
(c) Plans and Specifications and Contract Documents. Lomas
shall construct the Facilities in substantial conformance
with the drawings, plans and specifications, and contract
documents approved by the District. The District makes no
express warranties and disclaims all implied warranties, if
any, with respect to the drawings, plans and specifications,
and contract documents.
(d) Advertisement of Construction Contract. Lomas
represents to the District, the Customers, and MUD 9 that
Lomas has advertised or will advertise the request for bids
for the construction of the Facilities in the manner
required by law to be followed for advertising the request
for bids on construction contracts by municipal utility
-5-
districts and by water control and improvement districts and
as required by the rules of the Texas Water Commission.
(e) Award of Construction Contract. Lomas shall review and
approve or reject bids for construction of the Facilities,
provided Lomas shall approve or reject bids in the manner
required by law to be followed by municipal utility
districts and by water control and improvement districts and
as required by the rules of the Texas Water Commission.
Prior to advertising for bids for the construction of the
Facilities, Lomas shall notify the District, MUD 9, the
Customers and the Technical Committee as defined in the
Wastewater Disposal Agreement (hereinafter referred to as
the "Technical Committee ") of the estimated cost of
construction of the Facilities based on Lomas' engineer's
recommendation of such construction costs. Lomas represents
to the District, the Customers and MUD 9 that Lomas has
submitted or will submit to the District, MUD 9, the
Customers and the Technical Committee all bids received by
Lomas for the contracts for construction of the Facilities;
shall advise the District, MUD 9, the Customers and the
Technical Committee regarding the amount of the bids and the
experience and competency of the bidders; and shall notify
the District, MUD 9, the Customers and the Technical
Committee, based on Lomas' engineer's recommendations, of
the lowest and best bid for construction of the Facilities.
If the as -bid cost of the Facilities does not exceed the
estimated cost of the Facilities described above by more
than ten percent (10%), then construction and purchase of
the Facilities shall proceed in accordance with this
Agreement. If the as -bid cost of the Facilities exceeds the
estimated cost of the Facilities described above by more
than ten (10 %), then within thirty (30) days after receiving
such notice from Lomas, each Customer shall notify the
District as to whether or not it desires Lomas to proceed
with the construction of the Facilities and whether it shall
contribute funds for the District to purchase the
Facilities. Lomas shall obtain the District and MUD 9's
approval of the award of all the contracts for construction
of the Facilities and shall file with the Texas Water
Commission all construction drawings, plans and
specifications, contract documents, and supporting
engineering data for the construction and installation of
the Facilities, together with evidence that the materials
had been filed with and approved by both the District and
MUD 9.
(f) Change Orders. Lomas shall review and approve or
reject all changes to the plans and specifications and
change orders to the contracts for construction of the
Facilities. Prior to Lomas' approval of a change to the
plans or specifications or a change order, Lomas shall
submit the changed plans and specifications and change
order, as approved by Lomas' engineer, together with an
-6-
explanation of the need for the change in plans and
specifications or change order, to the District's general
manager for review and conditional approval. Lomas shall
also submit the requested changes to MUD 9 for approval.
Consideration of approval of the change order or change to
the plans and specifications by the board of directors of
the District and MUD 9 shall be considered at the next board
meetings of the District and MUD 9 so long as such request
for consideration is filed with the appropriate board not
less than ten (10) days prior to such board meeting. Within
sixty (60) days after approval of a change order by both the
District and MUD 9, Lomas shall file with the Texas Water
Commission a copy of the change order, together with
supporting engineering data and evidence that the change
order was filed with and approved by the District and MUD 9.
Either the District or MUD 9 may request a change in the
plans and specifications and change order, but Lomas shall
not be obligated to approve any change in the plans and
specifications or change order requested by either MUD 9 or
the District if either: (1) except for unforeseen changes
that are reasonably necessary to complete and use the
Facilities as intended by this Agreement the change in the
plans and specifications or change order increases the cost
of construction of the Facilities and the request for change
is not accompanied by a financial guarantee acceptable to
Lomas in the amount of the cost increase; (2) the change in
the plans and specifications or change order increases the
time schedule for completion of the Facilities; or (3) the
change in the plans and specifications or change order
reduces the capacity allocated to Lomas or MUD 9.
(g) Progress and Final Payments. Lomas shall review and
approve or reject all requests for progress and final
payments to the contractor or contractors. Within seven (7)
days after receipt of an engineer's approval of a request
for payment to the contractor, Lomas shall submit to the
District and MUD 9 for review and approval such requests for
progress and final payments. Within sixty (60) days of
completion of the Facilities, Lomas shall file copies of all
requests for progress and final payments with the Texas
Water Commission.
(h) Additional Construction Inspection. If Lomas elects to
construct the Facilities, Lomas authorizes the District, the
Customers, and MUD 9 additionally to inspect and test the
materials and to observe the test procedures used in the
construction of the Facilities; provided, however, that such
additional inspection, testing, and observation shall be
performed at the expense of the party who chooses to
inspect, test, or observe materials or construction. The
choice by the District, the Customers, or MUD 9 not to
inspect, observe, or test materials and procedures used
during construction of the Facilities shall not be construed
-7-
to be a waiver by the District, the Customers, or MUD 9 of
any defective material or construction.
(i) Testing. Lomas shall notify the District and Round
Rock at least twenty -four (24) hours in advance of any
testing of materials or construction. If the District does
not observe a testing because Lomas did not give the
District 24 -hour advance notice of the testing, then if the
District requests, Lomas shall repeat the testing or cause
the testing to be repeated in the presence of the District.
The cost of the repeated testing shall not be included in
the purchase price under Section 2.02 of this Agreement.
(j) Non - Compliance. In the event the District, the
Customers or MUD 9 observes materials and procedures that do
not comply with the drawings, plans and specifications, and
general and special conditions approved by the District, the
District shall report its observations, or the observations
by the Customers or MUD 9, to Lomas within 24 hours of
observing the alleged deficiency and Lomas shall correct or
cause to be corrected the deficiency, if any.
(k) Final Plans. Within sixty (60) days after Lomas'
engineer signs the certificate of substantial completion of
construction of a completed phase of the Facilities and
after the District's purchase of the Facilities, Lomas shall
furnish the District the following: (1) complete "as- built"
plans, together with a certificate, signed and sealed by a
registered professional engineer acceptable to the District,
that the Facilities shown on the plans, were constructed as
shown on the drawings and in accordance with the plans and
specifications and change orders, if any, for the Facilities
approved by the District and by MUD 9; and (2) a surety's
performance bond which shall secure against non - performance
or defects for a period starting with the completion of each
project of the Facilities to at least six (6) months after
the Contractor's one year warranty expires.
Section 1.05 Records and Reports. Lomas shall maintain
books of records and accounts in which full, true and proper
entries are made pertaining to the construction, operation,
maintenance and repair of the Facilities. The books and accounts
will be available for inspection and copying by the District, the
Customers, and MUD 9 during normal business hours and under
reasonable circumstances. Upon transfer of the Facilities to the
District or Round Rock, Lomas shall transfer such records and
accounts to the transferee and Lomas shall have no further duty
to maintain such records and accounts.
Section 1.06 Indemnity by Lomas. Lomas shall indemnify the
District, the Customers, and MUD 9 and hold the District, the
Customers, and MUD 9 free and harmless from and against any and
all liens, claims, debts, charges, damages, loss, penalties, and
expenses, liquidated or unliquidated, executed or executory, oral
-8-
or written, express or implied, actual or contingent, not
expressly listed or described, but which may be asserted against
the District, the Customers, and MUD 9 resulting from occurrences
or omissions occurring prior to the time of closing pursuant to
Article II of this Agreement and arising out of: (1) any default
under or in violation of any federal, state, or local statute,
regulation, or order relating to the construction of the
Facilities; (2) death or injury in connection with construction
of the Facilities, or any portion of the Facilities; (3) any
damage to property arising out of the construction of the
Facilities; or (4) any default by Lomas under any agreement,
contract or understanding pertaining to the construction of the
Facilities, however caused, except for such injury, death, or
property damages caused by the negligence of the District, the
Customers, or MUD 9. In case any action or proceeding may be
brought against the District, the Customers, or MUD 9 for any
matter for which the District, the Customers or MUD 9 are
indemnified under this Section 1.06 of this Agreement, Lomas
shall assume in full and direct the defense of the action or
proceeding at Lomas' expense, and subsequently, Lomas shall not
be liable to the District, the Customers, or MUD 9 for any legal
or other expenses, other than reasonable costs subsequently
incurred by the District, the Customers, or MUD 9 in connection
with the defense of the action or proceeding at the request of
Lomas. The District, the Customers, and MUD 9 shall have the
right to employ separate counsel in any action and participate in
the defense of the action or proceeding, but the fees and
expenses of the District's, Customer's, or MUD 9's counsel shall
be at the expense of the District, the Customers, or MUD 9
unless: (1) the employment of separate counsel has been approved
by Lomas; or (2) the District, the Customers, or MUD 9 have been
advised by counsel that there may be one or more defenses
available to the District, the Customers, or MUD 9 which are
different from or additional to the defenses available to Lomas.
Lomas shall not be liable for any settlement by the District, the
Customers or MUD 9 of any claim, action or proceeding effected
without Lomas' consent. Lomas, prior to construction of the
Facilities shall provide proof of insurance for its activities in
the construction of the Facilities, which insurance shall include
an umbrella policy with a Limitation of Liability of no less than
$2,000,000.
Section 1.07 Risk of Loss. As between Lomas and the
District, Lomas shall bear all risk of loss of or damage to the
Facilities occurring prior to the time of closing specified in
Section 2.03 of this Agreement.
ARTICLE II
PURCHASE OF FACILITIES
Section 2.01 Purchase of Facilities by the District.
Subject to the conditions specified in this Section 2.01, Lomas
shall sell the Facilities to the District and the District shall
-9-
purchase the Facilities from Lomas upon the occurrence of the
following conditions:
(a) Required Approvals. Lomas obtains, within thirty (30)
days following notice from Lomas to the District that
construction of the Facilities has been completed, the
District's approval of the plans and specifications and
contract documents, award of construction contracts, change
orders, requests for partial and final payments to
contractors, and completion of construction of the
Facilities, which approvals shall not be unreasonably
withheld by the District.
(b) District Funding. All funds therefor have been
received by the District from its Customers on or before
ninety (90) days following notice from Lomas to the District
that construction of the Facilities has been completed.
(c) Condition of Facilities. The Facilities are in as good
a condition as when Lomas completed construction of the
Facilities, assuming the Facilities are constructed
according to plans and specifications and change orders
approved by the District, excepting only such normal wear
and deterioration as shall reasonably be expected from
Lomas' prudent operation of the Facilities.
(d) Condemnation Awards. In the event that Lomas and /or
MUD 9 has found it necessary to acquire any land or easement
rights by condemnation and such condemnation procedure has
not been legally concluded and finally determined, Lomas
shall at closing provide a letter of agreement, the form of
which shall be approved by the District's General Counsel,
stating that in the event a final and nonappealable judgment
for the condemnee is made in an amount in excess of the
amount placed with the Court registry, Lomas shall pay
thirty (30 %) percent of such additionally amount immediately
on behalf of the District.
Provided, however, the District may, at its sole discretion,
waive or excuse any of the conditions to the purchase and sale as
provided by this Agreement.
Section 2.02 Purchase Price of Facilities. The purchase
price of the Facilities (the "Purchase Price ") shall equal
seventy percent (70%) of the costs approved by the District for
constructing and installing the Facilities, as follows:
(a) Engineer. The expenses paid by Lomas for the
engineering services performed in accordance with a contract
for engineering services approved by the District for
contract documents approved by the District and for
construction administration, construction staking, and
resident project representation and the expenses paid by
Lomas for preparation of additional drawings, plans and
-10-
specifications. The engineering expenses referenced in this
subsection 2.02(a) do not include the cost of engineering
services previously paid for by the District to Espey Huston
for preparation of engineering plans for the Facilities.
(b) Construction Costs. The total amount of the
construction contracts for the Facilities, as increased or
reduced by any change orders approved by the District.
(c) Easements. The cost of acquiring permits, licenses,
easements, rights -of -way, and land required for the
construction, operation, maintenance, repair, replacement
and removal of the Facilities; provided the cost of the
easements, rights -of -way or land shall not exceed the fair
market value of the easements, rights -of -way or land, plus
damages, if any, to the remaining portion of the person's
property that is not acquired. The easement costs
referenced in this subsection 2.02(c) do not include the
costs previously paid by the District for the acquisition of
the three easements attached hereto as Exhibits "B ", "C" and
(d) Other Construction Costs. The Costs of advertising for
bids for construction contracts, materials testing,
construction inspection, cost of approvals, permits and
certificates from governmental entities, surveying and any
other costs agreed to by the District.
The Purchase Price shall specifically not include the
following:
1. Negotiations. The costs of negotiating and
preparing this Agreement. It is specifically
understood and agreed by the parties to this Agreement
that all costs, including legal fees, of negotiating
and preparing this Agreement shall be borne solely by
the party incurring such costs.
2. Interest. Interest expense incurred or paid by
Lomas on the construction costs paid by Lomas or loss
of interest or investment earnings on the construction
costs paid by Lomas.
3. Management. Administrative, management, or
clerical expenses paid or incurred by Lomas relating to
the construction of the Facilities.
4. Audit. The cost to have the Purchase Price
verified, calculated and certified by a certified
public accountant acceptable to the District which
verification, calculation and certification shall be
required as a condition under Section 2.03 below.
5. Review of Conveyance Documents. Lomas shall pay
the District's expense of preparing, reviewing, and
recording documents of title, which expense shall be
deducted from the Purchase Price at closing.
Section 2.03 Closing Date for District Purchase. The date
for closing of the purchase and sale by the District shall be as
determined by the District in accordance with the conditions of
Section 2.01, but the date of closing shall not be more than
thirty days after the District's receipt of construction funding
pursuant to Section 2.01(b) above from the the Customers, whether
one or more, for the purchase of the Facilities.
Section 2.04 Conveyance. Upon payment of the Purchase
Price by the District, Lomas shall convey the Facilities to
District, together with all rights to any existing insurance,
construction bonds, guarantees and other matters. The conveyance
shall be evidenced by a warranty deed or an assignment of
easements and a bill of sale, whichever is legally appropriate.
The conveyance shall be free and clear of all liens and
encumbrances. In the event the District and Lomas are unable to
agree upon the amount of the Purchase Price of the Facilities,
the District may deposit the amount equal to the difference
between the disputed amounts claimed to be correct by each party
into an interest bearing escrow account and upon the deposit, the
District and Lomas may close the transaction, provided Lomas and
the District reserve their respective rights to recover the
disputed amount.
Section 2.05 Assumption of Contracts. In the event Lomas
has failed to complete construction of the Facilities within the
construction periods set forth in the construction contracts with
all allowed time delays included, the District may purchase the
Facilities prior to completion of construction, by assuming
Lomas' rights and obligations under the contracts for
construction of the Facilities and contract for engineering
services, and payment to Lomas of the costs paid by Lomas for
constructing the Facilities as provided by Section 2.02 of this
Agreement. The date of closing shall be not more than ten or
less than five days after the District elects to assume the
contracts for construction of the Facilities.
Section 2.06 Purchase of Facilities by Round Rock. In the
event the District does not acquire the Facilities in the manner
and time set forth in Sections 2.01 and 2.03 of this Agreement,
Round Rock shall be free to purchase the Facilities in accordance
with and pursuant to the terms and conditions of a separate
agreement among Round Rock, Lomas and MUD 9.
Section 2.07 Use of Facilities Prior to Purchase. It is
specifically understood and agreed by the parties that:
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(a) No parties other than Lomas and MUD 9 shall have the
right to use the Facilities prior to the conveyance of the
Facilities to the District or to Round Rock.
(b) Any wastewater which may be discharged from the
Facilities shall pass into the ownership and control of Austin
and Round Rock at the point where the Onion Creek Interceptor,
Phase I enters Round Rock's existing Onion Creek Interceptor, at
which point such wastewater shall pass immediately thereafter
into the ownership and control of the District for discharge into
Round Rock's system in accordance with an Interim Wastewater
Disposal Agreement among the District, the Customers and Round
Rock.
ARTICLE III
APPLICABLE LAW
Section 3.01 Applicable Law. This Agreement shall be
construed under the laws of the State of Texas.
ARTICLE IV
DEFAULT, NOTICE, AND REMEDIES
Section 4.01 Force Majeure. In case by reason of "Force
Majeure" either party shall be rendered unable wholly or in part
to carry out its obligations under this Agreement, then if the
party shall give notice and full particulars of the "Force
Majeure" in writing to the other parties within a reasonable time
after occurrence of the event or cause relied on, the obligation
of the party giving such notice, so far as it is affected by such
Force Majeure, if appropriate, shall be suspended during the
continuance of the inability then claimed, but for no longer
period, and the party shall incur no liability by reason of the
party's failure to perform in whole or in part, and the party
shall endeavor to remove or overcome such inability with all
reasonable dispatch. 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 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, restrain of government and people,
civil disturbances, explosions, breakage or accidents to
machinery, pipelines or canals, or of any other causes not
reasonably within the control of the party claiming such
inability. 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 above 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
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such settlement is unfavorable in the judgment of the party
having the difficulty.
Section 4.02 Remedies Upon Default. The parties to this
Agreement do not intend to specify, and this Agreement shall not
be construed as specifying, an exclusive remedy for any default,
but all such other remedies, other than termination, existing at
law or in equity may be availed of by any party to this Agreement
and shall be cumulative.
Section 4.03 Notices. Unless otherwise provided in this
Agreement, any notice, communication, request, reply, or advice
(severally and collectively called "Notice ") required or
permitted to be given as provided by this Agreement shall be in
writing and will be deemed to be delivered and received either:
(1) when deposited in the United States Mail, postage prepaid,
certified or registered, with return receipt requested, properly
addressed to the party to be notified; or (2) when delivered to a
courier service for delivery, delivery charges prepaid, properly
addressed to the party to be notified. Notice given in any other
manner shall be effective only if and when received by the party
to be notified. For the purposes of notice, the addresses of the
parties to this Agreement shall be as shown above the signatures
of each party to this Agreement, until changed as subsequently
provided, and the address of the Technical Committee shall be
Technical Committee, c/o Brushy Creek WCID, 301 Hesters Crossing,
Suite 120, Round Rock, Texas 78681, Attention: General Manager.
Notices to Austin shall be directed to the attention of the
Director of Water and Wastewater Utilities and notices to Round
Rock shall be directed to the attention of the City Manager. The
parties to this Agreement 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 notice to the other parties to this
Agreement.
Section 4.04 Notice of Default. If any party to this
Agreement believes that another party has defaulted in
performance under this Agreement, then within ten days after the
discovery of the alleged default, the complaining party shall
give written notice to the alleged defaulting party and the other
parties, which notice shall specify in detail the nature of the
alleged default and the action proposed by the complaining party
to remedy the alleged violation. If the alleged defaulting party
does not cure the default or otherwise resolve the alleged
default within thirty days after receipt of the default notice,
then the complaining party shall have recourse to the available
remedies, as specified in this Agreement or as provided by
applicable law. Except as expressly provided by Section 4.05 of
this Agreement, the failure by a party to immediately discover a
default and give notice to the defaulting party of an alleged
default shall not constitute a waiver by a party of the alleged
default should the alleged default be proven from its inception.
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Section 4.05 Waiver. Any right or remedy or any default
under this Agreement shall be deemed to be conclusively waived
unless asserted by a proper proceeding at law or in equity within
two (2) years plus one (1) day after the occurrence of the
default or alleged default. Notice of default and opportunity
for cure of the default as provided by Section 4.04 of this
Agreement shall be a prerequisite to any proceeding at law or in
equity, unless the default is discovered less than twenty (20)
months after the default occurred or unless the default harms or
threatens to damage the property or facilities belonging to the
party alleging the default or the default harms or threatens to
harm the health, safety, and welfare of the general public and
the harm or threatened harm will occur before notice of the
default and opportunity to cure the default can be given. No
waiver or waivers of any breach or default (or any breaches or
defaults) by any party to this Agreement of any term, covenant,
condition, or liability under this Agreement or of the
performance by another party to this Agreement of any duty or
obligation under this Agreement, shall be deemed or construed to
be a waiver in the future of subsequent breaches or defaults of
any kind, character, or description, under any circumstances.
Section 4.06 Venue. All amounts due under this Agreement,
including, but not limited to, payments due under this Agreement
or damages for the breach of this Agreement, shall be paid and be
due in Williamson County, Texas, which is the county in which the
Facilities are to be located. The parties to this Agreement
expressly agree that Williamson County, Texas, is the place of
performance of this Agreement and in the event that any legal
proceeding is brought to enforce this Agreement or any provision
of the Agreement, the legal proceeding shall be brought in
Williamson County, Texas.
ARTICLE V
INTERPRETATION AND CONSTRUCTION
Section 5.01 Interpretation. Unless the context requires
otherwise, words of the masculine gender shall be construed to
include correlative words of feminine and neuter genders and
vice -versa and words of the singular number shall be construed to
include correlative words of the plural number and vice - versa.
Reference to any party to this Agreement means that party and the
successors and assigns of that party. The parties agree that
this Agreement or any provision of this Agreement shall not be
construed in favor of or against any Party on the basis that the
Party did or did not author this Agreement or provision. This
Agreement and all the terms and provisions shall be liberally
construed to effectuate the purposes set forth herein and to
sustain the validity of this Agreement. Nothing in this
Agreement shall be construed to permit a violation of any federal
or state statutory provision or any provision of the federal or
state constitutions, and all acts done pursuant to this Agreement
shall be performed in such manner as to conform thereto, whether
-15-
expressly provided or not. Where any procedure hereunder may be
held by a court of competent jurisdiction to be violative of any
federal or state statutory or constitutional provision, the
parties to this Agreement shall have the power by resolution to
adopt and promulgate reasonable and necessary alternative
procedures which will conform thereto and the Parties agree that
they would have entered into this Agreement notwithstanding the
invalidity of any provision or provisions hereof.
Section 5.02 Regulatory Authority. This Agreement shall be
subject to all valid rules, regulations, laws, permits, orders,
and ordinances applicable hereto passed or promulgated by the
United States of America, the State of Texas or any governmental
body or agency having lawful jurisdiction or any authorized
representative or agency of any of them.
Section 5.03 Current Regulations. In each instance in this
Agreement where reference is made to a federal, state, or local
law or regulation, the parties to this Agreement intend that, at
any given time, the then - current edition of any such federal,
state or local law or regulation shall apply.
Section 5.04 Modification. This Agreement shall be subject
to change or modification only with the mutual consent of the
parties to this Agreement.
Section 5.05 Assignment. This Agreement shall not be
assignable in whole or in part by any party without the prior
written consent of the other party or parties to this Agreement.
Section 5.06 Severability. 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 be 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.
Section 5.07 Merger. Except as otherwise provided by this
Agreement, this Agreement constitutes the entire agreement among
the parties relative to the construction and use of the
Facilities. There have been and are not agreements, covenants,
representations or warranties among the parties other than those
expressly stated herein or expressly provided for herein.
Section 5.08 Approval or Consent. Whenever this Agreement
requires or permits approval or consent to be hereafter given by
any party, the parties agree that such approval or consent shall
not be unreasonably withheld. Such approval or consent may be
evidenced by an order or resolution adopted by the governing body
of the respective parties or by an appropriate certificate
executed by a person, firm or entity authorized to determine and
give approval or consent on behalf of the respective parties
-16-
pursuant to an order or resolution adopted by the governing body
or board of directors thereof. Such approval or consent shall be
effective without regard to whether given before or after the
time required herein and no approval or consent of the parties
shall be required as a condition of any action except as
expressly required in this Agreement.
Section 5.09 Parties in Interest. Except as expressly
provided otherwise by this Agreement, this Agreement shall be for
the sole and exclusive benefit of the parties hereto and shall
not be construed to confer any rights upon any third party.
Nothing herein shall be construed to confer standing to sue upon
any third party who did not otherwise have such standing.
Section 5.10 Captions. The captions appearing at the first
of each numbered section or paragraph in this Agreement are
inserted and included solely for convenience and shall never be
considered or given any effect in construing this Agreement, or
any provisions hereof, or in connection with the duties,
obligations, or liabilities of the respective parties hereto or
in ascertaining intent, if any questions of intent should arise.
Section 5.11 Time of the Essence. Time shall be of the
essence of this Agreement.
Section 5.12 No Partnership. The parties to this Agreement
do not intend that this Agreement establishes, nor shall this
Agreement be construed to as in any way establishing a
partnership or joint venture, express or implied agency, or
employer - employee relationship among the parties to this
Agreement.
Section 5.13 Counterparts. This Agreement may be executed
in one or more counterparts, each of which shall be deemed an
original and all of which shall together constitute one and the
same instrument. The terms of this Agreement shall become
binding upon each party from and after the time it has been
executed by all parties.
ARTICLE VI
EFFECTIVE DATE AND TERM OF AGREEMENT
Section 6.01 Effective Date. This Agreement shall become
effective as of date shown above.
Section 6.02 Term. This Agreement shall continue in force
and effect from the effective date of this Agreement for a period
of five (5) years, unless terminated earlier by (1) the mutual
written agreement of the parties to this Agreement; (2) pursuant
to Section 1.02 above; or (3) the purchase of the Facilities from
Lomas by the District or Round Rock.
-].7-
IN WITNESS WHEREOF, the parties to this Agreement acting
under the authority of their respective governing bodies have
caused this Agreement to be duly executed.
Roscoe Conley, Secret
TEST:
C
James E. Aldridge, Cit
ATTEST:
h E. Youn -:W Secrete
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES
301 Hesters Crossing, Suite 120
Round Rock, Texas 78681
Mize,
Executed , 1989
CITY OF AUSTIN
P.O. Box 1088
Austin, Texas 78767
Clerk Barney Knight, � w AZfing City Manager
Executed Lill LALt/? u cX) , 1989
CITY OF ROUND ROCK
221 E. Main
Round Rock, Texas 78664
74a R2,,,
nne Land, City Secretary Mike Robinson, Mayor
Executed
my Cow
Executed
-18-
c9-0 , 1989
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 9
816 Congress, Suite 1280
Austin, Texas 78701
WILL14
LOMAS LAND, INC.
2001 Bryan Tower, Suite 3500
Dallas, Texas 7
-19-
V'ce President
Executed Pp /R,,y j , 1989
EXHIBIT "A" - Map Showing Onion Creek Interceptor, Phase II
EXHIBIT "B" - Deed Granting Easement (With Access) from Leon E.
Behrens
EXHIBIT "C" - Deed Granting Easement (With Access) from Leroy
Lange and wife, Ruth Lange and Harold Rasmussen and
wife, Arline Rasmussen
EXHIBIT "D" - Deed Granting Easement (With Access) from Leon E.
Behrens
7ay.t...94.
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'
EXHIBIT "A"
OF
AGREEMENT REGARDING ONION CREEK
INTERCEPTOR PHASE II WASTEWATER
LINE
"
THE STATE OF TEXAS)
' COUNTY OF WILLIAMSON)
AFFIDAVIT OF PUBLICATION
Before me on this day personally appeared KEN LONG, known to me to
be the Publisher, of the ROUND ROCK LEADER, who being duly sworn
deposes and says:
That the undersigned is the Publisher of THE ROUND ROCK LEADER,
which is a newspaper published in Williamson County, Texas and
having general circulation in the state of Texas.
That the attached notice•styled Public Notice of a Public
Hearing for the creation of a Reinvestment Zone pursuant to the
Property Redevelopment and Tax Abatement Act, Chapter 312 Local
Government Code.
was published in said newspaper on the following dates to wit:
January 30, 1989
PUBLI
SUBSCRIBED AND SWORN TO BgFORE ME THIS I DAY
1 9_12.
CARLA J. BAGGS
Nary Ws Siete of Tees
Commission Eglres 0812.1992
IIUBLIC NOTICE
T ofRound Rock, Texas:
'Whereby given of a public
.t{e: held In the City Council
Ch rnps�arert- the'firsi floor of the Round
Rook C11ty Hell, 221 East Main Street, In
the •City bt Round Rock, Texas, on the
,91164a9 , OIFebbtiary, 1969, at 7:00 P.M.
hY�h for t creation ofa
Reinvestment Zone pursuant to the
PrAp etf,Red'eveloprhent and Tax
A ternent Act, Chapter 312, Local
Gewer^ment.Code, for the following
de croied Property:
METES & BOUNDS DESCRIPTION
OF A 9.66 ACRE TRACT OF LAND,' •
B NGPARTOFA55.55 ACRE TRACT
L THE DAVID CURRY
SURVEY, ABSTRACT 130, WILLIAM -
SC N COUNTY, TEXAS.
BEING 69,88 acre tractcut of a 55.55
acre tract of land located In the David
C!{rrySCrvey;'Abstract:180, Williamson
Cdunty,. Texas being part of a certain
55 tiers tract convoyed. to Bakar
Hughes tee, by deed recorded In
Vey Wne'.1$72'Page. 819 of the Official
Record 8f Wl9iainson County and out •
of'an original call 169:43 acre tract
conveyed to, Theron S. Bradford by
deed recorded in Volume 574 Page 390
ofiithe Dried Records of Williamson
COunty tad .Being more particularly
described1 efollows:
Commencing at a found concrete
R:O.W: tnerkerin the,Eaat.rlght -of -way
finis of i Itterstate35`tl H 35} and West line
of said 168:43 acre tract, said marker •
being 17840 feet left ofStation 1230 +00 •
o6 IH 35; .
sT14ENCE, South 05 degrees 48
minutes 00 seconds East, 161.48 feet,
albngthe.cbmmon line of iH 68 and west
Iirde of geld 189.43 acre tract to a found
fi.' Iron rod for theoall Northwest corner
of said 55.57 acre tract, the Northwest
cernerhereof and the "POINT OF
BEGINNING "; -
THENCE, North 71� degrees 08 ,
minutes 22 seconds 'East, 502.72 feet to •
a set %" iron rod for the Northeast
corner hereof;
THENCE, South 18 degrees 53
minutes 38 seconds East, 699.84 feet to •
east %" iron rod for the Southeast -
cbrnerhereof;
!!TlE-N.CE, South 71 degrees 06
Mirka 22 seconds West, 665.50 feet,
. iBle common South line. of said
if.48 acre and 55.57 acretracts to a set
Mqh ]ran red in the East right -of -way
I 6 of 11 85 for the Southwest corner
r eek,
. T CE, North 05 degrees : 48
i nute -00 seconds West, 718.52 feet,
n g the•Eaet right -way line of IH 35
t the, ° POINT OF BEGINNING" and
tainiag 9.38ecres.
.' CERTIFICATE
i 't s, certify that- the above notice of the
y Cppuncll Public Hearing was posted
thellulletln board' at the Oity - Hall of
G1W of 1kdtrd Reck, Terre on the
dtjy Of ,FaSiBitry, MB BAD P.M.
LAUD,
I ieb. FSstar so se, Ina
r
C38PUBLNOTI
PUBLIC NOTICE
To the Citizens of Round Rock, Texas:
Notice is hereby given of a public hearing to be held in the City
Council Chamber on the first floor of the Round Rock City Hall, 221
East Main Street, in the City of Round Rock, Texas, on the 9th day
of February , 1989, at 7:00 P.M. by the City Council for the
creation of a Reinvestment Zone pursuant to the Property
Redevelopment and Tax Abatement Act, Chapter 312, Local Government
Code, for the following described property:
METES & BOUNDS DESCRIPTION OF A 9.38 ACRE TRACT OF LAND,
BEING PART OF A 55.55 ACRE TRACT LOCATED IN THE DAVID CURRY
SURVEY, ABSTRACT 130, WILLIAMSON COUNTY, TEXAS.
BEING a 9.38 acre tract out of a 55.55 acre tract of land
located in the David Curry Survey, Abstract 130, Williamson
County, Texas being part of a certain 55.57 acre tract
conveyed to Baker Hughes Inc. by deed recorded in Volume
1672 Page 819 of the Official Records of Williamson County
and out of an original call 169.43 acre tract conveyed to
Theron S. Bradford by deed recorded in Volume 574 Page 390
of the Deed Records of Williamson County and being more
particularly described as follows:
Commencing at a found concrete R.O.W. marker in the East
right -of -way line of interstate 35 (IH 35) and West line of
said 169.43 acre tract, said marker being 175.00 feet left
of Station 1230 +00 on IH 35;
THENCE, South 05 degrees 48 minutes 00 seconds East, 161.48
feet, along the common line of IH 35 and west line of said
169.43 acre tract to a found 1/2" iron rod for the call
Northwest corner of said 55.57 acre tract, the Northwest
corner hereof and the "POINT OF BEGINNING ";
THENCE, North 71 degrees 06 minutes 22 seconds East, 502.72
feet to a set 5/8" iron rod for the Northeast corner
hereof;
THENCE, South 18 degrees 53 minutes 38 seconds East, 699.84
feet to a set 5/8" iron rod for the Southeast corner
hereof;
THENCE, South 71 degrees 06 minutes 22 seconds West, 665.50
feet, along the common South line of said 169.43 acre and
55.57 acre tracts to a set 5/8 inch iron rod in the East
right -of -way line of IH 35 for the Southwest corner hereof;
THENCE, North 05 degrees 48 minutes 00 seconds West, 718.52
feet, along the East right -of -way line of IH 35 to the
"POINT OF BEGINNING" and containing 9.38 acres.
Pub. Date: January 30, 1989
CERTIFICATE
I certify that the above notice of the City Council Public
Hearing was posted on the bulletin board at the City Hall of
the City of Round Rock, Texas on the 26th day of January, 1989
at 5:00 P.M.
SORNNE LAND, City Secretary
Sent tV1 1 /\)
N'ic3pc 0
?.9C) e anq zl j cone
Posta � �/
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
Return Receipt showing to whom.
Dale. and Address of Delivery
TOTAL Postage and Fees
Postmark or Date
N
a
P. 771 328 297
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
y�
UNITED STATES POSTAL SERVICyG, ' 1t '
OFFICIAL BUSINESS F r C` PA '
SENDER INSTRUCTIONS
Print your name, address, and Z
Code In the space below.
• Crempteie items 1, 2, 3, and 4 op
the reverse.
• Attach to front of article if spew
om its otherwise affix to beck
of • Endorse article "Return Receipt
Requested" adjacent to number.
RETURN o p o
TO
I �
II11dI11111IIIIIIIIl1I11II1I111
PENALTY FOR PRIVATE
USE, 5300
Print Sender's nome, address, and ZIP Code In the apace below.
Planning & Community Development
- City of Round Rock
221 E. Main
- Round Rock, Tx. 78664
SENDER: Complete Items 1 end 2 when additional services are desired, end complete home 3
• m
- and 4. -
P! address in the "RETURN TO" Space on the-reverse side, Failure to do this will prevent thle
card from being returned to you. The return receipt fee will provide you the name of the person
delivered to end the date of delivery. For additional fees the
following services ere avallablo. Consult
e} requested.
2. ❑ Restricted Delivery
t (Extra charge)f ,
Postmaster for fees and check box les) for additional service
1. ❑ Show to whom delivered, date, and addressee's address.
?(Extra charge)t
3. Article Addressed to:
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4. Article Number `
Type of Service:
❑ Registered ❑ Insured ' •
erked
Express Mail ❑COD
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or agent and DATE DELIVERED.
6. Si a ure —pAd \
X ' ^'�`�'
8. Addressee's Address (ONLY if
requested and fee paid)
6, Signature — Agent
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7. Date of Delivery 0 —/ -- ?
PS Form 3811 Mar. 1987 * U.s. 1887. 176- -2ee
DOMESTIC RETURN REC
41 040.
yr •
Mayor
Mike Robinson
Mayor Pro-tem
Ronnie Jean
Council Members
John Hend
Glenn T. king
Pete Conga
•N Culpepper
Trudy L. Lee
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Shetld
;r J )
•
221 East Main Street
Sound Rock, Tee 78664
312256 -3612
January 31, 1989 CERTIFIED: RETURN RECEIPT REQUESTED
P 771 328 297
WCID
P.O. Box 882
Taylor, TX 76574
Dear Sirs:
THE CITY OF ROUND ROCK
RE: Public Hearing for the creation of a Reinvestment
Zone
Attached is a copy of the Public Notice for the City
of Round Rock Public Hearing for the creation of a
reinvestment zone.
This notice is being sent to comply with statutory
requirements.
If you have any questions regarding this matter,
please call Mr. Charlie Crossfield at 255 -8877.
Sincerely,
atAtigAmexV
Mike Robinson, Mayor
City of Round Rock
MR /rc
attachment
pc: Jim Clarno, P.E., Gen. Mgr.
Brushy Creek WCID #1
301 Heaters Crossing
Ste. 120
Round Rock, TX 78681
•
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- January 26, 1989 ' •
1-k'eqz •
Mr. Dan McClendan
Round Rock I.S.D. ,
fl Round Rock, TX 78680
P Box 1059
.O .
-• "
Dear Mr. McClendan:
RE: Public Hearing for the creation of a Reinvestment
Attached is a copy of the Public Notice for the City
of Round Rock Public Hearing for the creation of a
. reinvestment zone. - ••
This notice is being sent to comply with statutory
requirements.
If • • • • - • .
you have any questions regarding this
please call Mr. Charlie Crossfield at
, •
• • • . • - •.• . • • .• .
Sincerely,
•• • . . .-•.•••.,
• • Mike Robinson, Mayor -.•
• :‘,. City of Round Rock •-• ..•
, 41., f;j4 .. : . . ....:,. ..__
mR/ rc
Mike Robing= attachment
A . Ronnie Jean
Council Members
John Hood
T. King ::: • ,
Correa
CalSeSPer
W7747L. Lee
City Manager
MAT: L. Benneg, dr.
Attorney
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TOTAL Postage and Fees
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Postmark or Date
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Return Receipt showing to whom.
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TOTAL Postage and Fees
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Postmark or Dale
365
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P 771 328 295
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
P 771 328 307
RECEIPT FOR CERTIFIED MAIL
00 INSUWVICE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
IL
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and 2IP
Code In the space below.
• Complete Items 1, 2, 3, and 4 an
the reverse.
• Attach to front of article If space
permits, otherwise affix to back
of article.
• Endorse article "Return Receipt
Requested" adjacent to number.
RETURN
TO
clv r -
1 =a
I FI-
i
- •
LL e
PENALTY FOB PRIVATE
USE, $300
Print Sender's name, address, and 2IP Code in the space below,
Planning & Community Developmentl—
City of Round Rock
221 E. Main —
Round Rock, Tx. 78664
SENDER; omplete Items 1 and 2 when additional services
• c
4,,
are desired, and complete Items 3
side, Failure to do this will prevent this
will provide you the name Of the person
- -find _ .
Put your goddre+In the "RETURN'TO" -Space on the reverse
card from being returned to you. The return receipt fee
delivered to- andAte date of delivery. For additional fees the
following services are available. Consult
requested.
2. ❑ Restricted DellverY
1(Extra chargot
postmasteefor.fees and check box (es) for additional service(s)
1. ❑ Sholv_t whom delivered, date, and addressee's address.
1 (Extra chargs)t
3. Article Addressed � s " / s h to: �// „, /�//�Q ,�.,,[[rrpp
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Type of Service: '' '
,❑, Istered ❑ Insured
Yd' RR g Certlfied ” . ❑ COD
❑ Express Mai
Always obtain signature of addressee
or agent and DATE DELIVERED.
S. Sign re — Add ^^
x ( l &f
8. Addressee's Address (ONL Y If
requested and fee paid)
365
6. Signs Agent
X
7: Dete,f]�II
PS Form 311 /Max. 1987
* U.S.QRO. 1987. 178-268
DOMESTIC RETURN RECEIPT
C38PUBLNOTI
PUBLIC NOTICE
To the Citizens of Round Rock, Texas:
Notice is hereby given of a public hearing to be held in the City
Council Chamber on the first floor of the Round Rock City Hall, 221
East Main Street, in the City of Round Rock, Texas, on the 9th day
of February , 19_82_, at 7:00 P.M. by the City Council for the
creation of a Reinvestment Zone pursuant to the Protierty
Redevelopment and Tax Abatement Act, Chapter 312, Local Gevernment
Code, for the following described property:
METES & BOUNDS DESCRIPTION OF A 9.38 ACRE TRACT OF LAND,
BEING PART OF A 55.55 ACRE TRACT LOCATED IN THE DAVID CURRY
SURVEY, ABSTRACT 130, WILLIAMSON COUNTY, TEXAS.
BEING a 9.38 acre tract out of a 55.55 acre tract of land
located in the David Curry Survey, Abstract 130, Williamson
County, Texas being part of a certain 55.57 acre tract
conveyed to Baker Hughes Inc. by deed recorded in Volume
1672 Page 819 of the Official Records of Williamson County
and out of an original call 169.43 acre tract conveyed to
Theron S. Bradford by deed recorded in Volume 574 Page 390
of the Deed Records of Williamson County and being more
particularly described as follows:
Commencing at a found concrete A.O.W. marker in the East
right -of -way line of interstate 35 (IH 35) and West line of
said 169.43 acre tract, said marker being 175.00 feet left
of Station 1230 +00 on IH 35;
THENCE, South 05 degrees 48 minutes 00 seconds East, 161.48
feet, along the common line of IH 35 and west line or said
169.43 acre tract to a found 1/2" iron rod for tie call
Northwest corner of said 55.57 acre tract, the Northwest
corner hereof and the "POINT OF BEGINNING ";
THENCE, North 71 degrees 06 minutes 22 seconds East, '.602.72
feat to a set 5/8" iron rod for the Northeast corner
hereof;
THENCE, South 18 degrees 53 minutes 38 seconds East, 699.84
feet to a set 5/8" iron rod for the Southeast corner
hereof;
THENCE, South 71 degrees 06 minutes 22 seconds West, 665.50
feet, along the common South line of said 169.43 acre and
55.57 acre tracts to a set 5/8 inch iron rod in the Nast
right -of -way line of IH 35 for the Southwest corner hereof;
THENCE, North 05 degrees 48 minutes 00 seconds West, 718.52
feet, along the East right -of -way line of IH 35 to the
"POINT OF BEGINNING" and containing 9.38 acres.
I certify that the above notice of the City Council Public
Hearing was posted on the bulletin board at the City Hall of
the City of Round Rock, Texas on the 26th day of January, 1989
at 5:00 P.M.
Pub. Date: January 30, 1989
CERTIFICATE
J00 NE LAND, City Secretary
THE CITY OF ROUND ROCS
221 East Main Street
Round Rock, Texas 78664
�3t- s3a; 512. 255 -3612
'Judge Don Wilson
Williamson County Courthouse
First Floor TX 78626
Dear Judge Wilson:
RE: Public Hearing for the creation of a Reinvestme
Zone
Attached is a copy of the Public Notice for the City
of Round Rock Public Hearing for the creation of a
reinvestment zone.
CERTIFIED: Return Receipt Requested,
P 771 328 294
This notice is being sent to comply with statutory
'requirements.
If you have any questions regarding this matter, ".
?please call Mr. Charlie Crossfield at
Mayor
1.I4":Mike Robinson
Pro-tem
• ' , 4; Ronnie Jean
Council Member.
John Hood
Glenn T. Ring
Pete Correa
harks Culpepper
Trudy 1. Lee
City Manager
Robert L Bennett, Jr.
..' City Attorney
Stephan L Sheets
to
f.' / _Ova Al .I A.
free' andL�o a'{'/f 4 O 2 0.- f
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CS!r1� —12 '} )
State Code �-�/
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S
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
Return Receipt showing 10 whom,
Date, and Address of Delivery
TOTAL Postage and Fees
$
Postmark or Date
T
m
4
m
2
LL
d
P 7`71 3'28 294
RECEIPT FOR CERTIFIED MAIL
ND INSURANCE COVERAGE PROVIDEO
NOT FOR INTERNATIONAL MAIL
(See Reverse)
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and ZIP
Code In the apace below.
• Complete home 1, 2, 3, and 4 on
the reverse.
• Attach to front of article H apace
permit, otherwise affix to back
qf article.
• Endorse article "Return Receipt
Requested" edlecent to number.
RETURN 0
TO
11111111111111111111111111111111
CITY OF ROI IND ROCK
Planning & Community Development
221 EAST MAIN CTREET
ROUND ROCK, TEXAS 78664
s
PENALTY FOR PRIVATE
USE, 8300
Print Sender's name, address, and ZIP Code In the space below.
• SENDER: Complete Items 1 and 2 when additional services ere desired, end complete items 3
end 4.
Put your address In the "RETURN TO Space on the reverse aide. Failure to do thle will prevent this
card from being returned to you. The return receipt fee will provide you the name of the person
pelivered to and the date of delivery. For additional
fees the following services are available. Consult
service e) requested.
address. 2. ❑ Restricted Delivery
? (Extra charge)?
poermeeter for fees and cheek box(es) for additional
1. ❑ Show to whom delivered, date, end addressee's
? (Extra charge)?
3. Artiste Addressed to:
a 2
��� �y� /J,�,
.(.ill- -0/172.20 e t tL
/. tG
/ 7/6
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ti
4 Article Number
' ' 7 ' 7/ 3,294q
Type of Service:
Re
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❑ Express Mall
Always obtain signature of addressee
or agent end DATE DELIVERED.
8. Signature — Addressee
X
8. Addressee's Address (ONL Y tf
requested and fee paid)
7. D. 'of ':livery
/ -e? '46
PS Form 3811, Max. 1987
* 11.8.2RO 1997.178
DOMESTIC RETURN RECEIPT
C38PUBLNOTI
PUBLIC NOTICE
To the Citizens of Round Rock, Texas:
THENCE, South 05 degrees 48 minutes 00 seconds East, 161.48
feet, along the common line of IH 35 and west line of said
169.43 acre tract to a found 1/2" iron rod for the call
Northwest corner of said 55.57 acre tract, the Northwest
corner hereof and the "POINT OF BEGINNING ";
THENCE, North 71 degrees 06 minutes 22 seconds East, 502.72
feet to a set 5/8" iron rod for the Northeast corner
hereof;
THENCE, South 18 degrees 53 minutes 38 seconds East, 699.64
feet to a set 5/8" iron rod for the Southeast corner
hereof;
THENCE, South 71 degrees 06 minutes 22 Seconds West, 665.50
feet, along the common South line of eaid 169.43 acre and
55.57 acre tracts to a set 5/8 inch iron rod in the East
right - of-way line of IH 35 for the Southwest corner hereof:
THENCE, North 05 degrees 48 minutes 00 seconds West, 718.52
feet, along the East right -of -way line of IH 35 to the
"POINT OF BEGINNING" and containing 9.38 acres.
Notice is hereby given of a public hearing to be held in the City
Council Chamber on the first floor of the Round Rock City Hall, 221
East Main Street, in the City of Round Rock, Texas, on the 9th day
of February , 19 .li. at 7:00 P.M. by the City Council for the
creation of a Reinvestment Zone pursuant to the Proierty
Redevelopment and Tax Abatement Act, Chapter 312, Local Government
Code, for the following described property:
HETES 6 BOUNDS DESCRIPTION OF A 9.38 ACRE TRACT OF LAND,
BEING PART OF A 55.55 ACRE TRACT LOCATED IN THE DAVID CURRY
SURVEY, ABSTRACT 130, WILLIAMSON COUNTY, TEXAS.
BEING a 9.38 acre tract out of a 55.55 acre tract of land
located in the David Curry Survey, Abstract 130, Williamson
County, Texas being part of a certain 55.57 acre tract
conveyed to Baker Hughes Inc. by deed recorded in Volume
1672 Page 819 of the Official Records of Williamson County
and out of an original call 169.43 acre tract conveyed to
Theron S. Bradford by deed recorded in Volume 574 Page 390
of the Deed Records of Williamson County and being more
particularly described as follows:
Commencing at a found concrete R.O.W. marker in the East
right -of -way line of interstate 35 (IH 35) and West line of
said 169.43 acre tract, said marker being 175.00 feet left
of Station 1230 +00 on IR 35;
I certify that the above notice of the City Council Public
Hearing was posted on the bulletin board at the City Hall of
the City of Round Rock, Texas on the 26th day of January, 1989
at 5:00 P.M.
Pub. Date: January 30, 1989
CERTIFICATE
Jill/ i / /L_/
JO` NE LAND, City Secretary