R-95-12-14-13C - 12/14/1995( "Tal /Tex ") entered into that one certain Emergency Water Supply
Agreement ( "Original Agreement ") dated as of January 27, 1994, and
WHEREAS, said Original Agreement has a termination date of
December 31, 1995, and
WHEREAS, City and Tal /Tex desire to amend the Original
Agreement pursuant to Paragraph 8.10 thereof to extend the
termination date until June 30, 1996, 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 the Amendment No. 1 of Emergency Water Supply
Agreement, a copy of said Amendment attached hereto and
incorporated herein for all purposes.
RESOLVED this 14 day of December, 1995.
ATTEST:
JO
LAND, City Secretary
RESOLUTION NO. R- 95- 12- 14 -13 -C
WHEREAS, the City of Round Rock ( "City ") and Tal /Tex, Inc.
C \ weDOCS \RESOLUTI \PS51214C.WPD /s1e
CHARLES CULP PER, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
158479. /SPVIKR/ KR120795
AMENDMENT NO. 1 OF
EMERGENCY WATERSUPPLY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Amendment No. 1 to that certain Emergency Water Supply Agreement dated
as of January 27, 1994 (the "Original Agreement ") is made and entered as of the _ day
of December, 1995, by and between the City of Round Rock, Texas ( "City"),a home rule
city located in Williamson County, Texas and Tal/Tex Inc. ( "TallTex "), a corporation
organized and operated under the laws of the State of Texas.
RECITALS
WHEREAS, City and Tal/Tex entered into the Original Agreement on January 27,
1994; and
WHEREAS, City and Tal /Tex desire to amend the Original Agreement pursuant to
Paragraph 8.10 thereof:
NOW THEREFORE, for and in consideration of the premises and mutual
obligations and benefits herein contained, City and Tal/Tex hereby agree as follows:
1. Extension of Term . Article VI of the Original Agreement is hereby amended
to read as follows:
This Agreement shall terminate on (1) June 30, 1996, (2) when Tal/Tex
procures another water supplier with sufficient capacity to serve all of
Tal /Tex's customers, or (3) when Tal/Tex's wells are determined to be safe
for production and such wells are finally approved for use by the TNRCC,
with sufficient capacity to serve all of Tal /Tex's customers, whichever occurs
first. In the event this Agreement is terminated prior to June 30, 1996
because of item (3) above, and Tal/Tex's wells suffer further contamination
by petroleum hydrocarbons originating from the current Southland spill, this
Agreement shall revive for the remainder of the term through June 30, 1996,
subject to early termination because of item (2) above. If not terminated
sooner, this Agreement shall automatically terminate on June 30,1996 and no
extensions are presently contemplated. It is the understanding of City and
Tal/Tex that this Agreement is for temporary emergency wholesale water
service. If Tal/Tex procures another permanent water supplier prior to
June 30, 1996, Tal/Tex must notify City of the date the new water source will
go on line, and this Agreement will terminate on said date.
2. City Authorization of Amendment No. 1. This Amendment No. 1 and all of
its provisions have been authorized, approved and entered into by City by virtue of action
taken by the City Council pursuant to law and has been executed by its Mayor, and attested
by its Secretary, upon its authority of a resolution passed at a meeting of the Round Rock
City Council held on the day of December, 1995.
3. Continued Validity . Except as amended hereby, all terms and conditions of
the Original Agreement shall remain in full force and effect.
The effective date of this Amendment No. 1 is the day of December, 1995.
158479. US P.lniR'[KR 120795
THE CITY OF ROUND ROCK, TEXAS
221 East Main Street
Roun4t4o51¢, Texas 78664
TAL /TEX INC.
Post Office Box 525
Leander, Texas 78641
By:
President
DATE: December 11, 1995
SUBJECT: City Council Meeting, December 14, 1995
ITEM: 13C. Considera resolution authorizing the Mayorto extend the emergency
water contract with Tal -Tex.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Tal -Tex serves water to the Tonkawa Springs neighborhood. Their wells were
damaged by the gasoline spill at the 7 -11 along Sam Bass Road. In order that the
residents of Tonkawa will continue to have water while Tal -Tex and Sountland negotiate,
staff recommends extending the emergency water contract.
November 9, 1995
Robert L. Bennett, Jr.
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Dear Bob:
Very truly yours,
Edward J. Herman
Senior Counsel
EJH/cg
23610
THE
SOUTHLAND
CORPORATION
■
f
RECEIVED NOV 2 0 1995
Edward J. Herman
Direct Dial Number (214) 828 -7706
Facsimile Number (214) 828 -7119
Re: Request for Extension of Emergency Water Supply Agreement between City of
Round Rock ( "Round Rock') and Tal -Tex, Inc. ( "Tal -Tex')
As you know, the above referenced Agreement expires on December 31, 1995. As we discussed,
Southland hereby requests that the City of Round Rock agree to extend the expiration date of the
Agreement until June 30, 1996 (or until a long term water contract is entered into between Tal-
Tex and the City of Round Rock, whichever is earlier). All other terms and conditions would
remain the same.
Please take the appropriate steps, so that the City Council may act on this request at its next
meeting. I appreciate your help with this request.
Cstyplace Center East / 2711 North Haskell Avenue / Dallas, TX 75204 -2906 • Madmg Address: Box 711 / Dallas, TX 75221 -0711
214 -828 -7011