R-2015-2254 - 2/26/2015 RESOLUTION NO. R-2015-2254
WHEREAS, the City of Round Rock ("City") has previously entered into an Out-of-City
Wastewater Service Agreement ("Agreement") with Jim Embree to provide wastewater to one single
family house located on the property at 4229 County Road No. 123 ("Property"); and
WHEREAS, the City and Jim Embree now wish to provide wastewater service to two single
family houses on the Property; and
WHEREAS, the City and Jim Embree desire to amend and restate the terms and conditions of
the Agreement,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 Amended
and Restated Out-Of-City Wastewater Service Agreement with Jim Embree, 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 26th day of February, 2015.
0 hi
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112/1504';00329513
EXHIBIT
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THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
AMENDED AND RESTATED
OUT-OF-CITY WASTEWATER SERVICE AGREEMENT
THIS AMENDED AND RESTATED OUT-OF-CITY WASTEWATER SERVICE
AGREEMENT ("Amended Agreement"), is made and entered by and between Jim Embree,
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 4229 County Road
No. 123, Round Rock, Texas 78664 ("Property"), being more particularly described in Exhibit
"A"which is hereby incorporated for all purposes; and
WHEREAS; the City has determined that it is desirable for the Property to receive
wastewater service from the City notwithstanding the fact that the Property is outside the City's
corporate limits, and WHEREAS, the Customer and the City have previously entered into that
one certain Out-of-City Wastewater Service Agreement dated June 26, 2014 by which the City
will provide wastewater service to one single family house located on the Property, and
WHEREAS, the Parties to the original Agreement now wish to provide wastewater
service to two single family houses on 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 wastewater treatment services available for
the purpose 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 wastewater service line
which will connect with the City's wastewater system located in the Oak Bluff subdivision as
328252/sls
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
wastewater line attached to the City's wastewater 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, in the event of an 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 wastewater system and lines, together with all necessary lines, pipes, conduits,
manholes, ventilators, and other equipment, improvements, accessories and appurtenances or
operations thereto, in, upon, over, under, above and across any necessary areas of private or
public property to connect to the City's wastewater system. Such right shall not conflict with
any existing drainage easements held by the City.
1.04 Customer shall comply with all requirements of Sec. 44-3 Code of Ordinances,
2010 regarding the furnishing of sewer 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 Agreement.
Article II. Provision of Wastewater Services
2.01 City agrees to sell Customer wastewater service as required by Customer for
domestic use on an as needed basis for two single-family residences located on the Property.
2.02 The wastewater service to be provided herein is for the Property as described in
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 III. Rates
3.01 Customer agrees to pay City for all wastewater 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. Consistent with that provision, the volume charge shall be
contractually set as twice the winter average as determine by the City Utility Billing Department
for residential customers located within the corporate limits of the City. Because the Property is
not served with water from the City, the wastewater accounts will be calculated based on a City
average for single-family residential wastewater usage.
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3.02 The City shall render a monthly bill to Customer for wastewater services.
Payment shall be made no later than the sixteenth (16th) 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 all obligations of the City under 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.
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 sanitary use of the wastewater treatment system.
4.02 Customer agrees to take all necessary precautions to maintain the sanitary
conditions of City's water supply system.
4.03 Customer agrees to pay a Wastewater Impact Fee in the amount of two thousand
and seventy three dollars, $2,073 for each single family residence being served, based on one
living unit equivalent; and to pay all other fees applicable to wastewater service.
4.04 Customer agrees and understands that the City's willingness to provide
wastewater service to the Property is expressly contingent on the Property continuing to be used
for two single-family residences. 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 Majeure
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
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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 shall not relieve Customer of its obligation to make payments to City as provided in this
Agreement.
Article VI. Term
6.01 The term of this Agreement shall be for a term of twenty (20) years from the date
hereof.
6.02 This Agreement shall become 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 wastewater service 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 under 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, such invalidity,
illegality, or unenforceability 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 matter.
7.07 The violation by Customer of any of City's ordinances related to the use or
disposition of wastewater, or to subdivision, zoning, development or building ordinances shall
render this Agreement voidable at the option of City.
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IN WITNESS HEREOF, the parties have executed this Out of City Wastewater Service
Agreement in two (2) counterparts, each of which will be deemed an original on this the
day of , 2015.
JIM EMBREE
_, Jim(Eiiibree -- •�__._.__.'_
Customer's Address:
4229 County Road No. 123
Round Rock, Texas 78665
CITY OF ROUND ROCK,TEXAS
By:
Alan McGraw, Mayor
Attest:
Sara White, City Clerk
For City, Approved as to Form:
Stephan L. Sheets, City Attorney
5
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i a EXHIBIT A
i► A SCIRYEYIT/G COMP.ArYL,P,
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DESCRIPTION OF 1.75 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY,
ABSTRACT NO.522 IN WIII.,AMSON COUNTY,TEXAS,SAID 1.75 ACRES OF LAND IS OUT
OF AND A PART OF THAT CERTAIN 4.01 ACRES OF LAND CONVEYED TO JIM EMBREE
BY DEED OF RECORD UNDER DOCUMENT NO. 2011062361 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY,TEXAS,SAID 1,75 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/;" iron rod with a plastic cap stamped Tri Tech Surveying set at the Northeast
corner of the above said 4.01 acres tract,said iron rod being also.the Northwest corner of a called 15.31
acres tract being conveyed to Leigh Spray by deed of record in Volume 638 Page 184,Deed Records of
Williamson.County,Texas,said iron rod is in the South margin of County Road 123; .
THENCE along the North line of the above said 4.01 acres of land, same being the South margin of
County Road 123,the following two(2)calls:
1. N88°22'04"W, 112.23 feet to a 1/2"iron rod with plastic cap stamped Tri Tech Surveying set;
2. N87°58'00"W, 80,23 feet to a%2"iron rod with a plastic cap stamped Tri Tech Surveying set at
the Northeast corner of the herein described tract and being the PLACE OF BEGINNING
• hereof;
THENCE over and across the said 4.01 acres of land, S00°06)29"E,371.54 feet to a %2" iron rod with
plastic cap stamped Tri Tech Surveying set in the South line of the 4.01 acres tract, same being a North
line of a called 12.01 acres of land conveyed to James Embree by deed of record under Document No.
2006040996 of the Official Public Records of Williamson County,Texas, said iron rod is the Southeast
corner hereof;
THENCE N89°59'55"W, along The dividing line of.the above said 4.01 acres tract and the above said
12.01 acres tract, 201.92 feet to a W' iron rod with plastic cap stamped Tri Tech Surveying set at the
Southwest corner hereof;
THENCE over and across the above said 4.01 acres tract,N00°27'37"W, 370.91 feet to a%2" iron rod
with plastic cap stamped Tri Tech Surveying set in the North line of the 4.01 acres tract,same being the
South margin of County Road 123,for the Northwest corner hereof;
THENCE along the North line of said 4.01 acres tract, same being the South margin of County Road
123,the following two(2)calls:
1. N79°42'50"E,36.98 feet to a i4"iron rod with plastic cap stamped Tri Tech Surveying set;
2. S87°58'00"E (bearing basis), 167.92 feet returning to the POINT OF BEGINNING and
containing 1.75 acres of land. •
Nrto„ 3u94
David Bell ate
Registered Professional Land Surveyor No.3994
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EXHIBIT C
Sec. 44-3. Furnishing of water and sewer services outside city limits.
(a) Conditions under which city services will be provided. The city shall furnish water or sewer 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 and sewer 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 and sewer 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 and sewer construction within subdivisions where water
and/or sewer 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 Williamson County,Texas,at the time original Ord. No.269 was adopted(January 8, 1976).
(7) Wafer and sewer lines to meet ultimate requirements of city. Where water or sewer 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 and sewer lines and
. appurtenances extending from existing city facilities to any tract of land outside the city limits
requesting water and/or sewer service shall 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 lines. Where the size of the water or sewer 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 tines 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 bulk rate sales of water. 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) Rates. The rates paid by residential and commercial users located outside the city limits for the use
of the water and sewer facilities of the city shall be in accordance with section 44-29