R-2016-3618 - 7/14/2016RESOLUTION NO. R-2016-3618
WHEREAS, §44-3 Code of Ordinances (2010 Edition) provides that under certain conditions
the City will furnish water and wastewater services outside of the city limits; and
WHEREAS, Tark Properties, LLC, the owner of a tract of land as shown in Exhibit "A",
("Property") has requested that the City fiunish water service to said Property; and
WHEREAS, the Council hereby determines that the City has adequate capacity of water
service available for the purpose of serving the Property without impairing services within the City;
and
WHEREAS, the owner of the Property must comply with all of the provisions of §44-3 with
respect to costs, construction standards, inspections, et cetera; and
WHEREAS, the owner of the Property must also comply with applicable subdivision and
platting statutes and ordinances, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That subject to owner compliance with applicable subdivision and platting statutes and
ordinances, and pursuant to §44-3 Code of Ordinances (2010 Edition) the City Council hereby
approves the furnishing of water service to the Property, subject to the owner compliance with the
requirements of said §44-3, at the rates specified in §44-30(b) of the Code, and in accordance with the
Out -of -City Water Service Agreement described below, and
BE IT FURTHER RESOLVED,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Out -of -
City Water Service Agreement with Tark Properties, LLC, a copy of said agreement being attached
hereto as Exhibit `B" 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
0112.1604; 00359909
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 14th day of July, 2016.
ATTEST:
4ywV- • 0
Evq
SARA L. WHITE, City Clerk
2
ALA MCGRAW, Mayor
City of Round Rock, Texas
EXHIBIT
OUT -CSF -CITY WATER SERVICE AGREEMENT
THIS OUT -OF -CITY WATER SERVICE AGREEMENT ("Agreement"), is made and
entered by and between TART- PROPERTIES, LLC, a Texas limited liability company referred
to herein as the "Customer," and the CITY OF ROUND ROCK, TEXAS a home -rule
municipality located in Williamson and Travis Counties, State of Texas, referred to herein as the
"City." The Customer and the City are hereinafter referred to collectively as "the Parties," or
individually as a "Party."
RECITALS:
WHEREAS, the Customer is the owner of record of the property at 2502 County Road
172, Round Rock, Texas 78680 ("Property"), being more particularly described in Exhibit "A"
which is hereby incorporated for all purposes; and
WH REAS; the City has determined that it is desirable for the Property to receive water
service from the City notwithstanding the fact that the Property is outside the City's corporate
limits, and
WHEREAS, the Customer and the City desire to enter into aii agreement to formalize the
terms by which the City will provide water service to the Property, and
WHEREAS, pursuant to Sec. 44-3, Code of Ordinances, 2010 Edition, the City Council
hereby determines that there is adequate capacity of water services available for the put -pose of
servicing Customer without impairing services within the City, NOW THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, and the covenants and agreements hereinafter contained to be kept and
performed by the respective Parties hereto, it is agreed as follows:
Article I. Customer's Obligations Under this Agreement
1.01 Customer shall be required to own and install a standard water service litre which
will connect with the City's water system located as shown in Exhibit "B". Prior to the
installation, the Customer shall submit a detailed drawing prepared by a licensed engineer in the
State of Texas for review and approval by the City.
1.02 Customer shall grant the City the right of entry and access to Customer's private
water line attached to the City's water system at all times to inspect, to investigate the source of
operational or maintenance problems, to prevent or detect, minimize, or avert operational or
maintenance problems, or for any other purpose reasonable related to the provision of service
under this Agreement. The Customer will cooperate with the City to provide access for these
purposes, provided that the City provides Customer at least one working day's written notice or,
00359247.DOC
in the event of ail emergency, prior notice by telephone or confirmed facsimile, or its need for
access.
1.03 Customer shall be responsible for securing sufficient rights allowing Customer to
construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and
remove a water line, together with all necessary lilies, pipes, conduits, mailholes, ventilators, and
other equipment, improvements, accessories and appurtenances or operations thereto, in, upon,
over, cinder, above and across any necessary areas of private or public property to connect to the
City's water system.
1.04 Customer shall comply with all requirements of Sec. 44-3 Code of Ordinances,
2010 regarding the furnishing of water services outside the city limits, a copy of such Sec. 44-3
being attached Hereto as Exhibit C. Failure to comply with any of these requirements shall give
the City the option of terminating this Agreelllent.
Article 11. Provision of Water Services
2.01 City agrees to sell Customer crater service as required by Customer for domestic
use on ail as needed basis for one conuncreial business located on the Property.
2.02 The water service to be provided herein is for the Property as described ill Exhibit
A and no other property.
2.03 Customer agrees to abide by all mandatory and voluntary use restrictions imposed
by the City on its own citizens.
Article ?11. Rates
3.01 Customer agrees to pay City for all water services provided to Customer at the
rate authorized by Chapter 44, Section 44-30, Code of Ordinances, 2010 Edition, City of Round
Rock, Texas, as amended from time to time, applicable to customers located outside the
corporate limits of the City.
3.02 The City shall render a monthly bill to Customer for water services. Payment
shall be made no later than the sixteenth (16'b) day following the mailing of the bill. Failure by
Customer to make a payment when and as specified will give the City the option to terminate al
obligations of the City Linder this Agreement.
3.03 Customer shall be subject to the penalty provisions for late payment as now exist
in Chapter 44, Code of Ordinances, 2010 Edition, City of Round Rock, Texas, and as may be
amended from time to time.
2
Article IV. Compliance with Ordinances
4.01 Customer agrees to comply with all of City's ordinances as they now exist or may
be amended from time to time regarding the use of the water supply system.
4.02 Customer agrees to take all necessat-
y precautions to maintain the sanitary
conditions of•City's -,eater supply system.
4.03 Customer agrees to pay a Water Impact Fee in the amount of Four Thousand
Twenty-five dollars, $4,025.00, basest on one living unit equivalent; and to pay all other fees
applicable to water service.
4.04 Customer agrees and understands that the City's willingness to provide water
service to the Property is expressly contingent on the Property continuing to be used for its
current uses, namely an office and warehouse facility. Customer shall not change or expand the
existing uses without the express written consent of the City, which may be withheld for any
reason. Any change or expansion of uses without the consent of the City will give the City the
option of terminating this Agreement.
4.05 Customer agrees that it will comply with all of the City's ordinances regarding
subdivision, zoning, development, and building permits.
Article V. Force Ma'et u
5.01 In the event either Party is rendered unable, wholly or in part, by force majeure to
carry out any of its obligations under this Agreement, 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
acceding to the demands of the opposing party if the settlement is unfavorable to it in the
judgment of the Party having the difficulty. Force majeure shall relieve City from liability to
Customer for failure to provide water service due to an inability covered by this article. Force
majeure shalt not relieve Customer of its obligation to make payments to City as provided in this
Agreement.
Article V1. Term
6.01 The term of this Agreement shall be for a terns of twenty (20) years frons the date
hereof.
5.02 This Agreement shall becoine null and void upon the annexation of the Property
by the City.
Article VII. Miscellaneous Provisions
7.01 Customer is prohibited from selling or giving water seivicc purchased herein to
anyone else.
7.02 Customer shall be permitted to assign its right herein to a bona fide purchaser of
the Property as long as the intended use of the service and the Property remains the same or
similar.
7.03 This Agreement shall be construed tinder and in accordance with the laws of the
State of Texas, and any and all actions brought to enforce the terms of this Agreement shall be
brought in Williamson County, Texas.
7.04 This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective heirs, executors, administrators, legal representatives, successors, and
assigns where permitted by this Agreement.
7.05 In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, stieh invalidity,
illegality, or unenforecability shall not affect any other provision thereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
7.06 This Agreement 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 mattes'.
7.07 The violation by Customer of any of City's ordinances related to the use or
disposition of water, or to subdivision, zoning, development or building ordinances shall resider
this Agreement voidable at the option of City.
IN WITNESS HEREOF, the parties have executed this Out of City Water Service
Agreement in two (2) counterparts, each of which will be deemed an original on this the
2,} day of Ka:t-:: ,2016.
Attest:
Sara White, City CIerk
For City, Approved as to Form:
Stephan L. Sheets, City Attorney
TARN P OOPERTIES, LLC
By:
--- ^�
its
Customer's Address:
CITY OF ROUND ROCK, TEXAS
Alan McGraw, Mayor
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EXECUDIE DRECTCR DATE
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CEML L NOTE2
1. SOEWALKS SHALL BE CONSTRUCTED LH ACCORDANCE PATH CHAPTER 3S, sUMIS4;S. CODE CF
CRIT NANCGS, QTY OF ROLFLD RCC, TEXAS, 23tO. AS AJV IlyO. AND HRT THE DEVON ANO
CON5T3000EAN STAV7AR05.
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BY T}E SF AELNTJAL GfA.Ct FL00) AS IOENTU:EO BY THE U.S. FEG£RAL EVERCENCY MANACENDLT
ACQNCY 80UNHDARY UAp (FLOOD ZMRA:R RATE VAP) ATAN3ER 454510.0530E EFTECTINE DATE
SEPIEVBER N.
2003, FOR W44UALI" COUNTY. TEXAS.
S. OULONO SETBACKS SIAL B° IN ACCOSJA`NCr bTTH CHAPTCR 45, 2Gili0. CODE CIF CCPD.xA%CM
,FY OF ROUND ROCK, T --AS, 2010 AS AVU.3ED.
PLANS F09 WATER, WASTEWATER, AND STORM MWAGE IVPRV,EVDITS WST BE PRESENTED10
THE DSIRCt ANO APPRO:ED BY THE CHSTCTS ENSNEER P.%R TO BEGUN ;G CO•fSTRDCTM
ACTItTES ALL %ATEA WASTEWATER AND STCKV DRA'INAOE VAY Be: LHSPECTEO BY
THE DSTRCT.
STATE OF TEXAS A TONT/ ALL MOT BY TIESE P.RESVITS
CA.f('TT' Or VIlUAV$M :
THAT I. NANCY R.STCA CLERX OF THE COUNTY CCURT OF SATO COUNTY, CO HEREBY
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SATO COUNTY LR COCLVENT KO_ ,-
WYNXSS MY HA)9 RO SEAL OF THE COUNTY COURT OF SAID COUNTY, AT UY C£FlC£
C`CiGETOATN, TEXAS, THE DATE LAST ASOt£ V.1TEE N.
NANCY R•SRR, CLERK COLVITY COURT
VU.10SON CCOITY, TEXAS
BY:
DEPUTY
SUET 2 OF
Bata: 611412€ ' 6
2502 CR 172
EXHIBIT B
S
Exhibit "C"
Sec. 44-3. Furnishing of water, reuse water, and sevver services outside city limits.
(a) Copditions under which city services will be provided. The city shall furnish Neater, sewer and/or
reuse water services to residential and commercial users located outside the city limits only upon the
following conditions:
(1) Adequate capacity exists. There is adequate capacity of city services available for the purpose
of servicing residential and commercial users outside the city without impairing services within
the city. Whether such adequate capacity exists shall be determined solely by the city council,
and the determination of the city council shall be final.
(2) Owners outside city limits to bear costs of lines and furnish easements. The construction costs
of water, sewer and/or reuse water lines and appurtenances which serve residential and
commercial users outside the city limits shall be paid for by the owner, developer, or political
entity requesting the service. Such owner, developer, or political entity shall also furnish suitable
construction and permanent easements and rights-of-way for utility lines.
(3) Construction to conform to city standards. All design and construction shall be in accordance
with city standards and specifications.
(4) New subdivisions to comply with subdivision regulations. New subdivisions (any plat recorded
after the date of passage of this section) desiring city water, sewer and/or water reuse services
shall comply with the subdivision regulations of the City of Round Rock, Texas, in effect at the
time such new subdivision is approved. Existing subdivisions whose plats were recorded with
the County Clerk of Williamson County, Texas, at the time of the passage of the original Ord.
No. 269 (January 8, 1976) can be furnished with water and sewer services without the necessity
of having sanitary sewer collection and treatment facilities.
(5) City to have right of review. The city shall have the right to review and approve all plats and
plans and inspect and approve all water, sewer and/or reuse water construction within
subdivisions where water, sewer, and/or reuse water service is to be provided.
(6) Water and sewer facility requirements. Except as provided in subsection (4) of this section, all
residential and commercial users shall have sanitary sewer collection and treatment facilities.
Water will not be provided to residential and commercial users who utilize septic tanks save and
except water can be provided to subdivisions whose plats were recorded with the County Clerk
of'vViliiamson County; Texas, at the time original Ord. leo. 269 was adopted (January 8, 1976).
(7) Water, sewer, andior reuse water lines to meet ultimate requirements of city. Where water,
sewer, and/or reuse water lines and appurtenances are extended outside the city limits, the
lines shall be sized to serve the ultimate requirements of the city.
(8) Extended lines to be designed and inspected by city's engineer. All water, sewer, and/or reuse
water lines and appurtenances extending from existing city facilities to any tract of land outside
the city limits requesting ;eater, sewer, and/or reuse water service shah be designed and
inspected, by the city's engineer. The owner, developer, or political entity requesting the service
shall pay for these services in keeping with the current contract between the city and the
engineer employed by the city.
(9) City may reimburse owner for oversized livres. Where the size of the water, sewer, and/or reuse
water lines required to meet the ultimate requirements for the city is larger than eight inches and
the total capacity is not required to serve the tract of land to be developed, the city may enter
into a contract with the owner, developer, or entity constructing the lines for reimbursement for
the excess capacity as other users request and are granted service. The developer or entity
requesting service from an existing line shall pay a tap fee on a pro rata basis, as hereinafter
set forth. The reimbursement to the owner, developer, or entity who paid for the line
construction shall be made only from those tap fees paid to the city by users of the facility paid
for by the said owner, developer, or entity.
(10) Pro rata basis for tap fee. The pro rata basis for the tap fee shall be computed based upon. the
required demand for use and the fire protection as specified by the engineering criteria
approved by the city's engineer. The basis for cost shall be the actual total cost of the facility
plus five percent interest. The total cost shall include, but shall not be limited to, construction
costs, engineering costs, and inspection costs.
"11) Wholesale balk; rate sales of .nater. Facilities constructed and paid for by another public entity or
facilities which will later be acquired by a public entity may be owned, operated, and maintained
by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk
rate. The city shall own, operate, and maintain all other facilities.
(b) pates. The rates paid by residential and commercial users located outside the city limits for the use
of the tater, sewer, and/or reuse slater facilities of the city shall be in accordance with sections 44-
32, 44-33, and 44-34.
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