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R-94-10-27-10E - 10/27/1994Mayor Charles Culpepper Mayor Pro-tem Robert Sttuka Council Members Rod Morgan Rork Stewart Furl Palmer Marsha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr City Attorney Stephan L Sheets October 31, 1994 Jonah Special Utility District ATTN: Carl Lidell, Manager Route 1, Box 112 -B Georgetown, TX 78626 Dear Mr. Lidell: Resolution No. R- 94- 10- 27 -10E was approved by the Round Rock City Council on October 27, 1994. Enclosed is a copy of the resolution and two original agreements for signatures. Please sign both agreements, retain one for your files and return one to the City of Round Rock. If you have any questions, please do not hesitate to call. Sincerely, g oafi.c.: Joanne Land Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-3612 Fax 512 -255 -6676 1- 800 - 735- 2989(TDD) 1- 800- 735 -2988 (Voice) 4QAQ: o- ■■-aci - EMERGENCY INTERCONNECT WATER CONTRACT RECITALS This Emergency Interconnect Water Contract ("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 ( "City "), and the Jonah Special Utility District, a special utility district situated in Williamson County ( "Jonah "). 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, Jonah maintains and operates a public water supply system which serves principally rural customers in Williamson County, 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 Jonah 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. "Jonah" means the Jonah Special Utility District. 1.03. "Emergency" means an unforeseen equipment or system failure which results in the inability of City or Jonah 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. Article II - Provisions For Connection and Water Services 2.01. City and Jonah agree to provide for the construction of a connection between their respective water systems at the Point KS /ROUNOROCK CONTWATR /101894 of Connection. The connection shall consist of one valve controlled by City, one valve controlled by Jonah, and a four inch (4 ") two - way meter. 2.02. In the event an Emergency occurs affecting Jonah's water system, City agrees to sell water to Jonah for a period of thirty (30) days or until the Emergency is over, whichever first occurs. In the event Jonah 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, Jonah 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 Jonah Board of Directors, who shall then determine whether or not to honor the request. 2.05. The water to be provided by Jonah as aforesaid shall come from surplus water and Jonah's obligation to provide said water is subject to the ability of Jonah'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 volume rate charged by either party to its own residential 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 Maleure. In the event either party is rendered unable, wholly or in part, by force majeure to carry out any of its 2. • 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. 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 supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. �y 00CUTED X in duplicate to be effective the / day of , 1994. 3. CHARLES CUL1PEER, Mayor City of Round o ck, Texas ATTEST: ATTEST: LAND, Secretary Dan Hillird, Secretary 4. JONAH SPECIAL UTILITY DISTRICT By: Carl Lidell, Manager RESOLUTION NO. R-91-1-047- /C) WHEREAS, The City of Round Rock, Texas ("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, Jonah Special utility District ( "Jonah ")maintains and operates a public water supply system which serves principally rural customers in Williamson County, 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 Jonah 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 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 an agreement with Jonah for an emergency water interconnect, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of October, 1994. ATTEST: •ILJLJL' SAG ICS /RESOLUTION RS41027E E LAND, City, Secretary CHARLES C `Pa•' Mayor City of Round Rock, Texas EMERGENCY INTERCONNECT WATER CONTRACT This Emergency Interconnect Water Contract ( "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 ( "City "), and the Jonah Special Utility District, a special utility district situated in Williamson County ( "Jonah "). RECITALS copy 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, Jonah maintains and operates a public water supply system which serves principally rural customers in Williamson County, 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 Jonah 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. "Jonah" means the Jonah Special Utility District. 1.03. "Emergency" means an unforeseen equipment or system failure which results in the inability of City or Jonah 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. Article II Provisions For Connection and Water Services 2.01. City and Jonah agree to provide for the construction of a connection between their respective water systems at the Point KS /ROUNDROCK CONTWATR /101894 of Connection. The connection shall consist of one valve controlled by City, one valve controlled by Jonah, and a four inch (4 ") two - way meter. 2.02. In the event an Emergency occurs affecting Jonah's water system, City agrees to sell water to Jonah for a period of thirty (30) days or until the Emergency is over, whichever first occurs. In the event Jonah 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, Jonah 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 Jonah Board of Directors, who shall then determine whether or not to honor the request. 2.05. The water to be provided by Jonah as aforesaid shall come from surplus water and Jonah's obligation to provide said water is subject to the ability of Jonah'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 volume rate charged by either party to its own residential 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 Majeure. In the event either party is rendered unable, wholly or in part, by force majeure to carry out any of its 2. 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. 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 supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. ()X CUTED in duplicate to be effective the (9 / day of 1994. 3. CHARLES CU E ER, Mayor City of Ro ock, Texas ATTEST: JOANNE LAND, Secretary ATTEST: Dan Hillird, Secretary 4. JONAH SPECIAL UTILITY DISTRICT By: Carl Lidell, Manager 10/24/94 16:30 ROUND ROCK PUBLIC WORKS -. 512 255 6676 DATE: October 24, 1994 SUBJECT: City Council Meeting, October 27, 1994 ITEM: 10E. Consider a resolution authorizing the Mayor to enter Into an agreement with Jonah Special Utility District for an emergency water interconnect. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: As per a recent presentation, Round Rock and Jonah Special Utility District desire to enter into a water agreement. This agreement would allow either party to take water from the other for up to 30 days during an emergency. The interconnect will be located on CR 122, just east of Twin Ridge Parkway. Staff recommends acceptance of this agreement. •NO.560 D06