R-2016-3514 - 6/9/2016RESOLUTION NO. R-2016-3514
WHEREAS, Michael Angelo's Gourmet Foods, Inc. ("Michael Angelo's") is currently
receiving wastewater services from the City of Round Rock ("City") and is billed for such services
utilizing the winter average method in accordance with Chapter 44, Round Rock Code of Ordinances,
and
WHEREAS, the City Council wishes to enter into an Alternative Wastewater Service Billing
Agreement with Michael Angelo's to provide an alternative method of calculating the amount of water
that Michael Angelo's discharges into the City's wastewater system, 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 said
Agreement with Michael Angelo's Gourmet Foods, Inc., a copy of same 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 9th day of June, 2016.
om/L,-
ALAN
MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: �W�
-
SARA L. WHITE, City Clerk
0112.1604;1913 53 2 5 5
EXHIBIT
„A»
ALTERNATIVE WASTEWATER SERVICE
BILLING AGREEMENT
THIS ALTERNATIVE WASTEWATER SERVICE BILLING AGREEMENT
(hereinafter the "Agreement"), is hereby entered into on the day of ,
2016 by and between Michael Angelo's Gourmet Foods, Inc., a corporation
with offices at 200 Michael Angelo Way, Austin, Texas 78728, (hereinafter "Michael
Angelo's"), and the City of Round Rock, Texas (hereinafter "City"), a home -rule municipality
and political subdivision of the State of Texas with offices at 221 East Main Street, Round Rock,
Texas 78664. In this Agreement, the City and Michael Angelo's are sometimes referred to
individually as "a Party" and collectively as "the Parties."
WHEREAS, Michael Angelo's is the owner of the Michael Angelo's food processing
facility which is located at 200 Michael Angelo Way, Austin, Texas 78728, (hereinafter the
"Property"); and
WHEREAS, Michael Angelo's currently is billed for wastewater services by utilizing the
winter average method in accordance with Chapter 44, Round Rock Code of Ordinances, 2010
Edition; and
WHEREAS, Michael Angelo's utilizes a wastewater flow meter (hereinafter the "Flow
Meter") that measures the amount of wastewater that Michael Angelo's discharges in the City's
wastewater collection and treatment system; and
WHEREAS, Michael Angelo's desires to enter into this Agreement with the City for the
purpose of more accurately calculating Michael Angelo's monthly wastewater usage as a result
of utilizing the Flow Meter; and
WHEREAS, the City is agreeable to enter into this Agreement with Michael Angelo's to
provide an alternative method of calculating the amount of wastewater that Michael Angelo's
discharges into the City's wastewater collection and treatment system;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Agreement, the Parties agree as follows:
ARTICLE 1.
PURPOSE OF THIS AGREEMENT
Pursuant to Chapter 44, Section 44-30(c) Round Rock Code of Ordinances, 2010 Edition,
wastewater usage is generally determined by averaging the monthly water usage for the months
of December, January, and February of each fiscal year.
Michael Angelo's utilizes the Flow Meter which provides an alternative and more
accurate method of calculating the amount of wastewater that Michael Angelo's discharges into
the City's system.
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The purpose of this Agreement is to establish a methodology and procedure for utilizing
the readings of the Flow Meter to provide an alternative method of calculating the amount of
wastewater that is discharged into the City's wastewater collection and treatment system.
ARTICLE Il.
ALTERNATE METHOD OF CALCULATING WASTEWATER USAGE
Beginning the day of , 2016, and on the same day of each month
thereafter, Michael Angelo's shall provide the City with the monthly meter readings for the Flow
Meter. The City shall use the amount of wastewater measured by the Flow Meter combined with
250,000 gallons as an estimate for their domestic wastewater usage to calculate the monthly
wastewater bill for Michael Angelo's.
ARTICLE III.
METER INSTALLATION, MAINTENANCE AND CALIBRATION
The Flow Meter and any related facilities required for properly measuring the quantity of
wastewater delivered to the City's system will be installed at the Michael Angelo's cost. Any
replacement of the Flow Meter must be approved by the City prior to installation. Michael
Angelo's, at its expense will operate and maintain the Flow Meter.
Michael Angelo's will calibrate the Flow Meter annually, or more frequently at the City's
request. Michael Angelo's will provide the City with a copy of the calibration report within ten
(10) days of Michael Angelo's receipt of same. If the City requests calibration of the Flow Meter
more frequently than once every 12 months and, upon calibration, the Flow Meter proves to be
accurate, then the cost of the calibration will be borne by the City. If the Flow Meter registers
within three percent (3%) accuracy, it will be deemed to be accurate. If the Flow Meter tests to
be inaccurate by more than three percent (3%), all testing and calibration costs will be borne by
Michael Angelo's, the Flow Meter will be recalibrated or replaced, and a billing adjustment will
be made based on the degree of the meter's inaccuracy, as determined by the test. If the Parties
can reasonably estimate the time at which the Flow Meter became inaccurate, the City will snake
a billing adjustment based on that time period. If the Parties cannot reasonably estimate the time
at which the Flow Meter became inaccurate, then the City will make a billing adjustment to no
more than the previous six months' billings.
If the Flow Meter is out of service or under repair so that the amount of wastewater
discharged cannot be ascertained or computed from the readings, the wastewater delivered
during the period the Flow Meter was out of service or repair will be estimated and billed by the
City based on the winter average method until flow accuracy is restored.
Michael Angelo's will read the Flow Meter on a monthly basis and will keep accurate
records of all measurements of wastewater passing through the Flow Meter. Such records will be
open to the City for inspection or copying at all times during regular business hours. The City
will be entitled to access the Flow Meter at all times and the City may read the Flow Meter to
verify records.
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ARTICLE IV.
EFFECTIVE DATE AND TERM
The term of this Agreement shall be until December 31, 2026, provided however, it shall
renew automatically for successive twelve (12) month periods unless one of the Patties gives
notice to the other Party on or before December 1 that it does not wish to renew the Agreement.
ARTICLE V.
TERMINATION
If Michael Angelo's defaults in the undertaking of any of its obligations under this
Agreement or breaches any of its provisions, the City shall have the right to terminate this
Agreement by giving Michael Angelo's thirty (30) days written notification of its decision to
terminate.
City has the right to terminate this Agreement, in whole or in part, for convenience and
without cause, at any time upon ninety (90) days' written notice to Michael Angelo's.
ARTICLE VI.
REVERSION TO WINTER AVERAGE
In the event that either Party elects to not renew this Agreement or the City elects to
terminate this Agreement as provided in Article VI above, the Parties shall discontinue all
obligations in connection with the performance of this Agreement, and the wastewater usage
shall be determined in accordance with the winter average method set forth in the Round Rock
Code of Ordinances, 2010 Edition, as amended.
ARTICLE VII.
NOTICE
Notice to Michael Angelo's:
Richard Price
Vice President of Operations and Supply Chain
200 Michael Angelo Way
Austin, Texas 78728
Notice to City:
Laurie Hadley
City Manager
221 East Main Street
Round Rock, TX 78664
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with copy to:
Stephan L. Sheets
City Attorney
309 E. Main St.
Round Rock, TX 78664
IN WITNESS WHEREOF, the City and Michael Angelo's have executed this Agreement
on the dates indicated below.
CITY OF ROUND ROCK, TEXAS
Alan McGraw, Mayor
Dated this day of , 2016
Michael Angelo's Gourmet Foods, Inc.,
IN
Dated this day of , 2016
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