Loading...
R-04-01-22-14G4 - 1/22/2004RESOLUTION NO. R -04-01-22-14G4 WHEREAS, Continental Homes of Texas, L.P. ("Continental") desires to obtain wastewater service from the City of Round Rock ("City") and to use the Williamson County Municipal Utility District No. 9 ("MUD No. 9") wastewater system to pass City wastewater service through to Continental's property, and WHEREAS, the City Council wishes to enter into an Agreement for Pass -Through Wastewater Service with Continental and MUD No. 9, 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 for Pass -Through Wastewater Service with Continental Homes of Texas, L.P. and Williamson County Municipal Utility District No. 9, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all. as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of January, 2Qp4. NYL WEL Mayor ATT�T:. City of Round Rock, Texas —— X)Wtj�� CHRISTINE R. MARTINEZ, City Secretar @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40122G4.WPD/sc: AGREEMENT BETWEEN WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9, CONTINENTAL HOMES OF TEXAS, L.P. AND THE CITY OF ROUND ROCK FOR PASS-THROUGH WASTEWATER SERVICE THIS AGREEMENT is entered into as of the day of 200 by and among WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 Williamson County, Texas, a body politic and a governmental agency of the State of Texas organized pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54 of the Texas Water Code (hereinafter called the "District", CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership (hereinafter called the "Developer"), and the CITY OF ROUND RO y�K, TEXAS, a municipal corporation organized to the laws of Texas (hereinafter called the RECITALS A. Developer is seeking to develop certain property adjacent to the District. That property is more fully described on that Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"). Developer desires to obtain wastewater service for the Property from the City and to use the District's wastewater system to pass City wastewater service through to the Property. B. The City desires to provide wastewater service to the Property and to use the District's wastewater system to pass City wastewater service through to the Property. C. The District has the right to receive at least 1400 Living Unit Equivalents ("LUEs") of wastewater service from the City of Round Rock (the "City") pursuant to that certain "Water and Wastewater Agreement" dated January 22, 1987. The District has determined that 81 of the 1400 LUEs of wastewater service are not necessary for development within the District, that sufficient wastewater capacity exists within the District's systems to pass 81LUEs of wastewater service through the District's wastewater system to the Property, and that the revenues from the Developer for this pass-through of wastewater service would be of benefit to the District. AGREEMENT For and in consideration of the mutual promises, covenants, obligations and benefits of this Agreement, the District and Developer contract and agree as follows: Section 1. Consent to Assignment of Right to Wastewater Service. a. District's Consent. The Developer represents to the District that it is the owner of the right to receive at least 81 LUEs of wastewater service from the City whose use is presently limited to the property within the boundaries of the District, and the district hereby EXHIBIT N d D a "An consents to an assignment of the right to receive 81 LUES of wastewater service to the Developer for use within the Property. b. City's Consent. The City hereby confirms that the City records show that the Developer is the owner of the right to receive at least 81 LUES of wastewater service from the City whose use is presently limited to the property within the boundaries of the District, and the City hereby consents to an assignment of the right to receive 81 LUES of wastewater service from the District to the Developer for use within the Property. Section 2. District Pass -Through Wastewater Service. a. Purchase of Capacity. Developer hereby purchases from the District capacity to provide up to 81 LUEs of wastewater service through the District's wastewater systems. Coincident with the execution of this Agreement, Developer is paying the District the sum of $49,896. b. Use of Capacity. The District shall allow such wastewater to pass through the District's wastewater system as is necessary to provide capacity for the LUES for which Developer has made the payments provided for in Section 2.a hereof. C. Operations and Maintenance Payment. The City shall pay the District $3.75 per active wastewater service connection within the Property per month for the operation and maintenance of the District's lift station used to provide pass-through service to the Property. The City shall prepare and maintain a list of active wastewater service connections within the Property and shall provide that list to the District with its monthly payment to the District. The District shall bill the City on the District's normal billing cycle based on the number of active wastewater service connections reported by the City for the previous month. The City's payment shall be due within thirty (30) days after the City's receipt of the bill. Payments not made when due shall bear interest at the monthly rate of one percent (1%) from their due date until paid. The $3.75 per active wastewater service connection charge may be adjusted by the District annually to reflect the actual reasonable and necessary costs of operating and maintaining the lift station. No change in this charge may take effect sooner than 60 days following the date that the District has provided the relevant data supporting the adjustment to the City. d. Wastewater Meterin . The amount of wastewater passed through the District's wastewater system shall be measured by a meter at each point where the wastewater system constructed to serve the Property connects to the District's wastewater system. Metering equipment and related facilities required to properly measure the quantity of wastewater received from the Property, shall be designed, installed and constructed by Developer's engineer, at Developer's sole cost and expense. The design, plans and specifications for the metering equipment and related facilities shall be approved by the District's and the City's Water and Wastewater Department prior to installation and construction. The City shall operate and maintain the metering equipment after its installation. 2 Section 3. Mayfield Ranch Road. Coincident with the first construction of the subdivision improvements in Phase 1 of the Property, a construction road has been completed as shown on Exhibit "B". This road shall be used as the construction entrance to the Property, and all traffic related to construction within the Property shall make use of this road. Section 4. Default by Either Party. In the event of default by any party, another party may give to the defaulting party written notice of such default specifying the failure or default relied upon. If the defaulting party fails to fully cure the default specified in such notice within thirty days after receipt of such notice, the other party shall have the right to terminate this Agreement as of the date of the event of default, and to thereafter pursue all other legal or equitable remedies. The nondefaulting party may employ attorneys to pursue its legal rights and if it prevails before any court or agency of competent jurisdiction, the defaulting party shall be obligated to pay all expenses incurred by the nondefaulting party, including reasonable attorneys fees. Section 5. 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 6. Modification. This Agreement shall be subject to change or modification only with the mutual written consent of all parties. Section 7. Assignability, Developer may assign this Agreement to any owner of the Property. Otherwise, this Agreement shall not be assignable by Developer without the prior written consent of the Board of Directors of the District, which consent shall not be unreasonably withheld. Section 8. Applicable Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. Section 9. Parties at Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall never be construed to confer any benefit to any third party. Section 10. Waiver. Each party may specifically, but only in writing, waive any breach of this Agreement by the other party, but no such waiver shall be deemed to constitute a waiver of similar or other breaches by such other party. K Section 11. Notices. All notices to the District shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Williamson County Municipal Utility District No. 9 c/o Tom Leonard Leonard Frost Levin & Van Court, P.C. 816 Congress Avenue, Suite 1280 Austin, Texas 78701 All notices to Developer shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Continental Homes of Texas, L.P. dba Milburn Homes c/o Rr�wd Ma, cr 12554 Riata Vista Circle Second Floor Austin, Texas 78727 All notices to the City shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Director of %blie-Works City of Round Rock, Texas 2008 Enterprise Drive Round Rock, Texas 78664 Any party may change its address by giving written notice of such change to the other party. Section 12. Term. This Agreement shall be in force and effect from the Effective Date for a term of forty (40) years. Section 13. Effective Date. This Agreement shall become effective on the date that this Agreement is executed by all parties. Section 14. Multiple Originals. This Agreement shall be executed in a number of counterparts, each of which shall for all purposes, be deemed to be an original, and all such counterparts shall together constitute and be one and the same instrument. 4 EXECUTED AND EFFECTIVE as of ATTEST: 4.ey, Secretary ATTEST: City Secretary \\xeily\d=\WUL\'XXST.ss-rn=9h AV with coneneaw Homes 7-03.wpa 2001. WILLIAMSON COUNTY-*UNICIPAL 9 Rainer Ficken, CITY OF ROUND ROCK, TEXAS Mayor CONTINENTAL HOMES OF TEXAS, L.P. Bi- OAT9)(o Tcxctslnc. By: 5 i' c t,� r st� F AY PRESERVE AT STONE OAK WASTEWATER PASS-THROUGH "T SGRAPHiCWCCOUNDILAGENDA7TtEM"NOIKERiNQ'20RkdUtMYPASS THfiOU H—MUDS l-"4 RLR DATE: January 16, 2004 SUBJECT: City Council Meeting - January 22, 2004 ITEM: 14.G.4. Consider a resolution authorizing the Mayor to execute an Agreement for Pass-through Wastewater Service with Williamson County Municipal Utility District No. 9 (Vista Oaks) and Continental Homes of Texas, L.P. Resource: Tom Word, Chief of Operations Tom Clark, Utilities Director History: Continental Homes, L.P. is developing the Preserve at Stone Oak Subdivision on the northwest side of the City. Water and wastewater service will be provided by the City. This agreement will allow for the use of the MUD No. 9 wastewater collection system to transport wastewater from the Preserve at Stone Oak Subdivision, which will go thru the existing Mayfield Ranch Subdivision and MUD No. 9, then back into the City's collection system at a cost savings. Funding: N/A Cost: N/A Source of funds: Outside Resources: Impact: N/A N/A Continental Homes, L.P. Gray Jansing & Associates, Inc. Benefit/Impact: Provide wastewater service at the most economical cost. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS AGREEMENT BETWEEN WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9, CONTINENTAL HOMES OF TEXAS, L.P. AND THE CITY OF ROUND ROCK FOR PASS-THROUGH WASTEWATER SERVICE THIS AGREEMENT is entered into as of the � o day ofJANUARy , 200y, by and among WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9, Williamson County, Texas, a body politic and a governmental agency of the State of Texas organized pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54 of the Texas Water Code (hereinafter called the "District", CONTINENTAL HOMES OF TEXAS, L.P., a Texas limited partnership (hereinafter called the "Developer"), and the CITY OF ROUND ROCK, TEXAS, a municipal corporation organized to the laws of Texas (hereinafter called the "City"). RECITALS A. Developer is seeking to develop certain property adjacent to the District. That property is more fully described on that Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"). Developer desires to obtain wastewater service for the Property from the City and to use the District's wastewater system to pass City wastewater service through to the Property. B. The City desires to provide wastewater service to the Property and to use the District's wastewater system to pass City wastewater service through to the Property. C. The District has the right to receive at least 1400 Living Unit Equivalents ("LUEs") of wastewater service from the City of Round Rock (the "City") pursuant to that certain "Water and Wastewater Agreement" dated January 22, 1987. The District has determined that 81 of the 1400 LUEs of wastewater service are not necessary for development within the District, that sufficient wastewater capacity exists within the District's systems to pass 81 LUEs of wastewater service through the District's wastewater system to the Property, and that the revenues from the Developer for this pass-through of wastewater service would be of benefit to the District. AGREEMENT For and in consideration of the mutual promises, covenants, obligations and benefits of this Agreement, the District and Developer contract and agree as follows: Section 1. Consent to Assignment of Right to Wastewater Service. a. District's Consent. The Developer represents to the District that it is the owner of the right to receive at least 81 LUEs of wastewater service from the City whose use is presently limited to the property within the boundaries of the District, and the district hereby consents to an assignment of the right to receive 81 LUES of wastewater service to the Developer for use within the Property. b. City's Consent. The City hereby confirms that the City records show that the Developer is the owner of the right to receive at least 81 LUES of wastewater service from the City whose use is presently limited to the property within the boundaries of the District, and the City hereby consents to an assignment of the right to receive 81 LUES of wastewater service from the District to the Developer for use within the Property. Section 2. District Pass -Through Wastewater Service. a. Purchase of Capacity. Developer hereby purchases from the District capacity to provide up to 81 LUES of wastewater service through the District's wastewater systems. Coincident with the execution of this Agreement, Developer is paying the District the sum of $49,896. b. Use of Capacity. The District shall allow such wastewater to pass through the District's wastewater system as is necessary to provide capacity for the LUES for which Developer has made the payments provided for in Section 2.a hereof. C. Operations and Maintenance Payment. The City shall pay the District $3.75 per active wastewater service connection within the Property per month for the operation and maintenance of the District's lift station used to provide pass-through service to the Property. The City shall prepare and maintain a list of active wastewater service connections within the Property and shall provide that list to the District with its monthly payment to the District. The District shall bill the City on the District's normal billing cycle based on the number of active wastewater service connections reported by the City for the previous month. The City's payment shall be due within thirty (30) days after the City's receipt of the bill. Payments not made when due shall bear interest at the monthly rate of one percent (1%) from their due date until paid. The $3.75 per active wastewater service connection charge may be adjusted by the District annually to reflect the actual reasonable and necessary costs of operating and maintaining the lift station. No change in this charge may take effect sooner than 60 days following the date that the District has provided the relevant data supporting the adjustment to the City. d. Wastewater Metering. The amount of wastewater passed through the District's wastewater system shall be measured by a meter at each point where the wastewater system constructed to serve the Property connects to the District's wastewater system. Metering equipment and related facilities required to properly measure the quantity of wastewater received from the Property, shall be designed, installed and constructed by Developer's engineer, at Developer's sole cost and expense. The design, plans and specifications for the metering equipment and related facilities shall be approved by the District's and the City's Water and Wastewater Department prior to installation and construction. The City shall operate and maintain the metering equipment after its installation. %J Section 3. Mayfield Ranch Road. Coincident with the first construction of the subdivision improvements in Phase 1 of the Property, a construction road has been completed as shown on Exhibit "B". This road shall be used as the construction entrance to the Property, and all traffic related to construction within the Property shall make use of this road. Section 4. Default by Either Party. In the event of default by any party, another party may give to the defaulting party written notice of such default specifying the failure or default relied upon. If the defaulting party fails to fully cure the default specified in such notice within thirty days after receipt of such notice, the other party shall have the right to terminate this Agreement as of the date of the event of default, and to thereafter pursue all other legal or equitable remedies. The nondefaulting party may employ attorneys to pursue its legal rights and if it prevails before any court or agency of competent jurisdiction, the defaulting party shall be obligated to pay all expenses incurred by the nondefaulting party, including reasonable attorneys fees. Section 5. 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 6. Modification. This Agreement shall be subject to change or modification only with the mutual written consent of all parties. Section 7. Assignability. Developer may assign this Agreement to any owner of the Property. Otherwise, this Agreement shall not be assignable by Developer without the prior written consent of the Board of Directors of the District, which consent shall not be unreasonably withheld. Section 8. Applicable Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. Section 9. Parties at Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall never be construed to confer any benefit to any third party. Section 10. Waiver. Each party may specifically, but only in writing, waive any breach of this Agreement by the other party, but no such waiver shall be deemed to constitute a waiver of similar or other breaches by such other party. 3 Section 11. Notices. All notices to the District shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Williamson County Municipal Utility District No. 9 c/o Tom Leonard Leonard Frost Levin & Van Court, P.C. 816 Congress Avenue, Suite 1280 Austin, Texas 78701 All notices to Developer shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Continental Homes of Texas, L.P. dba Milburn Homes c/o T4fitehCit Rx-haf,.' ktc , e: 12554 Riata Vista Circle Second Floor Austin, Texas 78727 All notices to the City shall be in writing and mailed by Certified Mail, Return Receipt Requested, addressed to: Director of Pt+he-Werlcs City of Round Rock, Texas 2008 Enterprise Drive Round Rock, Texas 78664 Any party may change its address by giving written notice of such change to the other party. Section 12. Term. This Agreement shall be in force and effect from the Effective Date for a term of forty (40) years. Section 13. Effective Date. This Agreement shall become effective on the date that this Agreement is executed by all parties. Section 14. Multiple Originals. This Agreement shall be executed in a number of counterparts, each of which shall for all purposes, be deemed to be an original, and all such counterparts shall together constitute and be one and the same instrument. 4 EXECUTED AND EFFECTIVE as of JjgA)L)/g/Q V jQ , 201. ATTEST: rksey, Secretary ATTEST: City Secretary \\Kelly\docs\WILL\DOCS\Pass-Through Ag with Continental Homes 7-03.wpd WILLIAMSON COUNTY MUNICIPAL UTILITY DIS NO.9 By: ---Vainer Ficken, resident CITY OF ROUND ROCK, T , S By. ayor CONTINENTAL HOMES OF TEXAS, L.P. &/-0i-1 Tc- c G Tex�a S lnc. By: