Loading...
O-87-2269 - 1/22/1987ORDINANCE NO. 2269 AN ORDINANCE GRANTING THE CONSENT OF THE CITY OF ROUND ROCK TO THE CREATION OF WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9, SUBJECT TO VARIOUS TERMS AND CONDITIONS. WHEREAS, an amended petition has been filed for consent from the City to create a municipal utility district to be known as Williamson County Municipal Utility District No. 9 (hereafter referred to as "District") to include the land described in Exhibit "1" attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council has evaluated the amended petition for consent to creation of the District and related documents and determined that consent should be granted; Now, therefore, BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF ROUND ROCK, TEXAS: PART 1. That the City of Round Rock hereby grants (a) consent to the inclusion of the land described in Exhibit within the District; (b) its consent to the creation of District; and (c) its consent to the issuance of bonds by District. The foregoing consent is specifically subject to conditional upon the following: its "1" the the and 1. That the City, L & N Land Corp., and the District shall enter into and execute the agreement attached hereto as Exhibit "2", entitled Water. and Wastewater Agreement, and the Mayor is hereby authorized to execute such agreement on behalf of the City. The agreement is incorporated herein and made a part hereof for all purposes. The agreement in its entirety and its present form is of utmost importance to the consent granted hereby and but for its execution by L & N Land Corp. and the District, such consent would not be granted. 2. That the District shall acquire fire protection powers sufficient to permit the District to acquire a fire station for use by the City of Round Rock in accordance with the Water and Wastewater Agreement, and, thereafter, the District shall issue bonds, warrants, or other debt obligations, in the manner and to the extent authorized by the Constitution and laws of the State of Texas, for the purposes of financing the costs of construction of a fire station in the District. 3. That water or sewer service shall not be furnished to any user in any subdivision within the boundaries of the District unless such subdivision complies with all applicable ordinances of the City of Round Rock concerning subdivisions and the Master Plan of the City of Round Rock. 4. That no land within the District shall be allowed, at any time in the future, to incorporate, join in an incorporation, or be annexed into any incorporated city other than the City of Round Rock. 5. That any restrictions by the City on the terms and provisions of the District's bonds and notes issued to provide facilities and services of the land and conditions on the sale of the District's bonds and notes will not render the bonds and notes of the District unmarketable. 6. That the City shall have the right to audit and inspect the books and records of the District at any time. PART 2. That the City Secretary is hereby directed to file a copy of such Ordinance in the permanent records of her office. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this Ordinance on two separate days was dispensed with. day of READ, PASSED, and ADOPTED on first reading this 1987. ATTEST: ne Land, City Secretary WCMUD2/01 `7,1t Mike Robinson, Mayor City of Round Rock, Texas JULY 29, 1986 JOB NO. 846-0000-21 FIELD NOTE NO. 800-26 316.018 ACRE TRACT, SAM BASS -316 A DESCRIPTION OF A 316.018 ACRE TRACT OF LAND OUT OF THE WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 316.05 ACRE TRACT OF LAND CONVEYED TO SAM BASS 316 BY DEED RECORDED IN VOLUME 951, PAGE 128 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 316.018 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found at the intersection of the north right-of-way (R.O.W.) line of F.M. 1431 (a 200 foot wide R.O.W.) and the east R.O.W. line of County Road No. 175 ( a variable width R.O.W.), being the southwest corner hereof; THENCE departing the north R.O.W. line of F.M. 1431, along the east R.O.W. line of County Road No. 175, as generally fenced the following four (4) courses: 1. N 22°05'00"W, a distance of 1019.00 feet to a 1/2 inch iron rod found, 2. N 20°36'10"W, a distance of 791.13 feet to a 1/2 inch iron rod found, 3. N 21°13'16"W, a distance of 411.51 feet to a 1/2 inch iron rod found, and 4. N 23°30'15"W, a distance of 424.64 feet to a 1/2 inch rod found on the south line of that certain 511 acre tract of land conveyed to Perry O. Mayfield by deed recorded in Volume 258, Page 214 of the said deed records for the northwest corner hereof; THENCE departing the east R.O.W. line of County Road !Io. 175 along the said south line of the 511 acre tract being the north line hereof, as generally fenced the following five (5) courses: 1. N 68°57'11"E, a distance of 1282.36 feet to a 1/2 inch iron rod found, 2. N 69°42'35"E, a distance of 904.69 feet to a 1/2 inch iron rod found, 3. N 69°54'34"E, a distance of 1074.77 feet to a 5/8 inch iron rod set, 4. N 71°25'13"E, a distance of 535.98 feet to a 1/2 inch iron rod found in a Mesquite stump, and 5. N 68°08'00"E, a distance of 1251.92 feet to a 1/2 inch iron rod found at the southeast corner of said 511 acre tract, on the west line of that certain 1437.45 acre tract of land conveyed to Tom E. Nelson, Jr. Trustee, by deed recorded in Volume 571, Page 446 of the said deed records being the northeast corner hereof; Page 1 of 2 Exhibit "1" THENCE along the west line of the said 1437.45 acre tract, as generally fenced, being the east line hereof, the following two (2) courses: 1. S 20°06'40"E, a distance of 1802.71 feet to a 1/2 inch iron rod found in a rock mound, and 2. S 20°03'30"E, a distance of 1028.48 feet to a 1/2 inch iron rod found on the curving north R.O.W. line of F.M. 1431 at the southeast corner hereof; THENCE along the north R.O.W. line of F.M. 1431 , as generally fenced, the following five (5) courses: 1. a distance of 86.24 feet along the arc of a curve to the right having a central angle of 0°26'06", a radius of 11359.16 feet and a chord bearing S 70`48'57"W, a distance of 86.24 feet to a 1/2 inch iron rod found at the point of tangency, 2. S 71°02'00"W, a distance of 3252.17 feet to a 1/2 inch iron rod found at the point of curvature, 3. a distance of 325.38 feet along the arc of a curve to the right having a central angle of 1°38100", a radius of 11414.06 feet and a chord bearing S 71°51'00"W, a distance of 325.37 feet to a 1/2 inch rod found at the point of tangency 4. S 72°40'00"W, a distance of 1,132.29 feet to a 1/2 inch iron rod found at the point of curvature, and 5. a distance of 179.08 feet along the arc of a curve to the left having a central angle of 1°19'33", a radius of 7739.44 feet and a chord bearing S 72°00'14"W, a distance of 179.08 feet to the POINT OF BEGINNING, containing 316.018 acres of land more or less. THE STATE OF TEXAS COUNTY OF TRAVIS • . KNOW ALL MEN BY THESE PRESENTS That I, David A. Ruehlman, a Registered Public Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 31 'r day of 3o 1 y ,1986 A.D. DAVID A. UUEHLMAN �..r.• ,�. 1731 *,1•05„01,..:40 .. ,,11 David A. Ruehlman, RPS No. 1738 Registered Public Surveyor State of Texas Page 2 of 2 Exhibit "1" WATER AND WASTEWATER AGREEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: This Agreement is made and entered into as of the date last herein written by and between the CITY OF ROUND ROCK, TEXAS ("City"), a home rule city located in Williamson County, Texas; L&N LAND CORP., a Texas corporation ("L&N"); WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 ("District"), a conservation and reclamation district to be created pursuant to Article XVI, Section 59 of the Texas Constitution and operating under the provisions of Chapter 54 of the Texas Water Code. WITNESSETH: WHEREAS, the City owns and operates a water treatment and distribution system serving territory within the City's extraterritorial jurisdiction as well as within the boundaries of the City; and WHEREAS, the City owns wastewater treatment and disposal facilities serving territory within the City's extraterritorial jurisdiction as well as within the boundaries of the City; and WHEREAS, provision of garbage collection and fire protection to the residents of the District can be best accomplished by agreement between the parties; and WHEREAS, L&N is the owner of a majority in value of the land comprising the District, which consists of approximately 316 acres; and WHEREAS, the District desires to obtain access to the City's water supply and wastewater treatment systems in order to provide a dependable supply of potable water and environmentally sound wastewater treatment services for the residents of the District; more economically than constructing independent water supply and wastewater treatment facilities; and and WHEREAS, the District will be authorized by Chapter 54 of the Texas Water Code to purchase, construct and acquire, within or without its boundaries, works, improvements, and facilities helpful or necessary to supply water for municipal uses, domestic uses, and commercial purposes and to collect, transport, and dispose of wastewater and can, with the support of the City, be granted fire prevention powers which will permit its construction of a fire station; and WHEREAS, the District has determined that it is appropriate to provide the residents of the District with the services set forth in this Agreement; and WHEREAS, the City has determined that it is appropriate to provide the services set forth in this Agreement within said area in order to protect the health and welfare of present and future residents of the District and portions of the City in proximity thereto; NOW, THEREFORE, for and in consideration of the premises and the mutual obligations and benefits herein contained, the parties hereby agree as follows: SECTION I Definitions 1.01 The terms and expressions used in this Agreement, unless the context clearly indicates otherwise, shall have meanings as follows: a. "Project" means the water mains, elevated storage tank, appurtenances, and other facilities more fully described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, the wastewater lines, force mains and other facil- ities more fully described in Exhibit "B", which is attached hereto and made a part hereof for all purposes and the drainage facilities, fire station and the other expenditures set forth in Exhibit "C", which is attached hereto and made a part hereof for all purposes. "Project Costs" includes all construction or acquisition costs, lease costs, capitalized or accrued interest, easement acquisition expenses, insurance premiums, studies, permits, licenses and other costs incident or attributable to the Project. b. "Central Water and Sewer Facility Charges" means the amounts charged by City to pay for that portion of the capital costs of the City's central water supply and water treatment and wastewater central treatment and disposal system necesary to provide fresh water supply and wastewater collection, treatment, and disposal services to the District. These charges are herein sometimes referred to as base water service and base sewer service fees. c. "Board" and "Board of Directors" means the Board of Directors of the District. d. "Bonds" means the bonds, notes or other obligations issued or incurred by the District for acquiring the Project or reimbursing or paying a Project Cost, whether in one or more series or issues. None of the bonds shall have a maturity which exceeds 20 years from the date of the first issue of bonds. e. "Bond Resolution" means any resolution, order or indenture of the Board of Directors authorizing the issuance of Bonds and providing for their security and payment, as such resolution may be amended from time to time as therein permitted. f. "Force Majeure" means acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority other than the parties to this Agreement, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machine- ry, pipelines, or canals, or other causes not reasonably within the control of the party claiming inability. g. "Living Unit Equivalent" shall mean 350 gallons per day for wastewater and 480 gallons per day for potable water, de- termined as follows for the respective uses indicated: (i) The number of LUEs for the residential uses shall be determined as follows: TYPE OF RESIDENTIAL UNIT NUMBER OF LUEs Single Family Detached 1.0 per unit Duplex 0.9 per unit Tri-Plex, Four-Plex, and Multi -Family 0.7 per unit Hotel -Motel (Rooms Only) 0.5 per unit (ii) For commercial uses which distinctly comply with one of the following development types, the LUEs of service shall be as follows: TYPE OF COMMERCIAL UNIT NUMBER OF LUEs Office 1 LUE/3000 Sq.Ft. of Floor Space Office Warehouse 1 LUE/4000 Sq.Ft. of Floor Space Retail; Shopping Center 1 LUE/1660 Sq.Ft. of Floor Space Restaurant; Cafeteria 1 LUE/200 Sq.Ft. of Floor Space Hospital (Includes Cafeteria) 3 LUE/Bed Rest Home (includes Cafeteria) 1 LUE/Bed (iii) For commercial uses which do not distinctly comply with any of the preceding development types, the number of LUEs of service shall be determined pursuant to certified engineers' data furnished to and approved by the City (iv) For facilities owned and operated by Public Schools, Counties, Fire Departments serving the public, and Churches, the number of LUEs shall be determined in accordance with the following formula: Building Area x 6 x Land Area in Acres = LUEs Land Area h. "Ordinances" means ordinances of the City of Round Rock as they may, from time to time be amended. SECTION II 2.01 Subject to the terms and conditions of this Agreement, L&N shall, on behalf of the District, pay to the City the sum of Three Million Six Hundred Thousand And No/100 Dollars ($3,600.000.00) upon the final adoption of the Ordinance or Resolution of the City of Round Rock granting consent to the creation of Williamson County Municipal Utility District No. 9 with authority to finance the Project. This payment shall consist of full and final payment, in advance, of all central water and sewer facility charges to be required by the City of Round Rock for the final platting of residential and commercial structures within the District sufficient to require water and sewer services for 1400 living unit equivalents. The District shall have authority to issue bonds to reimburse L&N for the amounts paid in accordance with this Section. 2.02 Upon receipt by the District of fire protection powers sufficient to permit the District to acquire a fire station for use by the City of Round Rock, L&N shall, on behalf of the District, cause a fire station to be built which shall conform to the description in Exhibit "C" and shall be made available to the City of Round Rock on terms and conditions acceptable to the City. The District shall have authority to issue bonds to reimburse L&N for Project Costs incurred in accordance with this Section. The City agrees to furnish fire protection to the District and the District will pay for such service and bill its customers at a monthly rate established, from time to time, by the City, all in accordance with the ordinances of the City of Round Rock. The current monthly rate is $9.00 per metered unit or, in the case of multi -family units, $9.00 per 1.u.e. 2.03 Subject to the terms and conditions of this Agreement, L&N shall provide to the District a letter of credit from Lomas & Nettleton Financial Corporation which shall enhance the credit of the District's bonds to permit the lowest interest cost. The costs of credit enhancement shall be paid in the manner permitted by the rules of the Texas Water Commission. 2.04 The City agrees to furnish garbage collection service to the District and the District will pay for such service and bill its customers at a monthly rate established from time to time by the City, all in accordance with the ordinances of the City of Round Rock. The current monthly rate is $6.00 per metered unit or, in the case of multi -family units $6.00 per 1.u.e. SECTION III Project Acquisition 3.01 Subject to the limitations set forth herein, the District will finance and acquire the Project. The Consulting Engineers for the Project shall be Lichliter/Jameson & Associates, Inc. The District shall pay all actual costs of acquiring its share of the Project through the issuance of Bonds to provide the money for such payment, all in the manner hereinafter described. The District agrees to proceed promptly to obtain the necessary approvals to issue the Bonds and acquire the Project. Upon obtaining said approvals, the District will proceed promptly to issue and sell the Bonds and thereafter to purchase and/or construct the Project as soon as practicable, but shall not be liable for any damages occasioned by delays in completion of the Project. 3.02 The proceeds from the sale of the Bonds will be used to pay all of the District's expenses and costs in connection with the Project and the Bonds, including, without limitation, all engineering, financing, legal, printing, easement acquisition and other expenses incurred in connection with the issuance, sale, and delivery of the Bonds. Such Bonds will be issued in an amount sufficient to cover the costs of the Project and all the aforesaid expenses and to provide for the payment of capitalized interest on the Bonds for a period not to exceed two (2) years. A substantial draft of each Bond Resolution of the District, showing the principal amount, maturities, funds created, and other pertinent features with respect to the Bonds authorized thereby, shall be delivered to the City at least thirty (30) days prior to the delivery to the purchaser of any Bonds authorized by such Bond Resolution. 3.03 The District may enter into such contracts as are necessary to provide for purchase and construction of the entire Project, and said contracts shall be approved and executed as required by the laws and regulations applicable to municipal utility districts and shall be awarded by competitive bidding as directed by the State. In addition, each such contract must be submitted to and approved by the District prior to execution by the District. The District shall deposit all proceeds from the sale of Bonds (after deducting therefrom any amounts required to be deposited to any fund created by a Bond Resolution and the amount of all expenses of issuing the Bonds) into a Construction Fund, at a depository of the District. The District shall draw on and use such Construction Fund to pay the costs of acquiring the Project, provided that expenditures from the Construction Fund must be for Project Costs recommended for payment by the Consulting Engineers. Any Bond Proceeds remaining in the Con- struction Fund after completion of the Project shall be deposited into the Debt Service Fund created by the Bond Resolution. 3.04 Upon completion of the purchase and construction by the District of that portion of the Project located outside the boundaries of the District, the District shall transfer and convey that portion of the project to the City and the City shall become the owner of that portion of the Project upon acceptance by the City of the conveyance and will thereafter operate and maintain that portion of the Project at its own expense. The City shall at all times reserve sufficient capacity within that portion of the Project transferred to the City for the District's needs. 3.05 During such time as the District or its contractors engage in construction work in relation to the Project, the District agrees to require all contractors performing work to provide adequate insurance in relation to the Project and work being performed as it is usually carried by contractors con- structing like properties and also require all contractors to carry worker's compensation insurance. Upon completion of construction of the Project and the dedication thereof to the City under the terms hereof, the City agrees to carry insurance on the portion of the Project accepted by the City of a kind and in an amount which is customarily carried by municipal corpo- rations in relation to the ownership and operation of similar properties. 3.06 The obligation of the District to acquire the Project shall be conditioned upon and subject to the following: a. Approval of the Project by the Texas Department of Water Resources, Texas Department of Health, and any and all other local, state or federal agencies having jurisdiction; and b. Sale of Bonds in an amount sufficient to pay all Project Costs and the expenses of issuing the Bonds; and c. The District's ability, or the ability of its contractors, to obtain all material, labor, and equipment neces- sary for the Project. 3.07 By these presents, the City authorizes use by the District of any and all real property, streets, alleys, public ways and places, and general utility easements of the City for acquisition and construction of the Project, so long as such use by the District does not interfere with any lawful use by the City. 3.08 If, by reason of Force Majeure, any party hereto shall be rendered unable, wholly or in part, to carry out its obliga- tions under this Agreement, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided; but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The settlement of strikes and lockouts affecting this Agreement shall be entirely within the discretion of the party having the difficulty, and the above requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by exceeding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party incurring the difficulty. SECTION IV Water Services 4.01 The City shall sell and deliver water to the bound- aries of the District, for commercial and domestic uses, to be supplied from the City's water distribution system as extended by the District pursuant to this Agreement. The exact point or points of delivery of water to the District shall be agreed upon by the City engineer and the District engineer. The City pres- ently has or will obtain an adequate water supply with which to provide service to the District; provided, however, that the supply of water to the District may be reasonably limited by the City on the same basis and to the same extent as the supply of water to any other customers within the City. Retail water service within the District shall be provided by the District to individual customers. Water meters for customers of the District shall be purchased by the District from the City at cost. The District shall promote compliance with the City's water conserva- tion ordinances, as amended from time to time. The City shall be the sole source of potable water to the District and the District shall not seek to develop its own potable wells or alternate supplies, except in the event that the City is no longer able to provide potable water service as contemplated hereby. 4.02 The sale of water shall be by master meters at all connections to the City water distribution system. The rates charged by the City to the District for water actually delivered pursuant to this Agreement shall be at the lowest in -City rate. The Multiplier Factor which shall be used to determine the rate charged for bulk water by the City to the District shall be increased from year to year until the fifth year of service as follows: First year of service Second year of service Third year of service Fourth year of service Fifth year of service and thereafter 1.65 1.70 1.80 1.90 2.00 The "years of service" shall be twelve (12) month increments of service rather than calendar years. It is understood that the City water rates are based upon a progressive formula which increases the rate for water sales at certain levels of consumption. The District agrees that the rates set by the City and charged to the District may be amended from time to time as in -City rates are amended from time to time so as to maintain the equivalent relationship between the district rate and the in -city rates as set forth above. 4.03 Metering equipment and related facilities, a meter house or pit, and standard -type devices required for properly measuring the quantity of water delivered to the District, shall be installed at each point of delivery of water to the District by the City. The District, at its expense, shall install and provide the meter house or pit. The City, at the District's expense, shall provide and install the meter at cost. The City, at the District's expense, shall operate and maintain the meter- ing equipment, provided, however, that the cost of calibrating the metering equipment shall be borne by the District if request- ed more frequently than once every twelve (12) months. Any meter registering not more than three percent (3%) above or below the test result shall be deemed to be accurate. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered during the corresponding period immediately preceding such failure, subject to reasonable adjustments for seasonal and climatic considerations, unless the City and the District other- wise agree. The metering equipment shall be read once each City billing cycle. 4.04 The District agrees to pay the City in accordance with the ordinances of the City of Round Rock and to bill users of potable water within the District and to set and maintain tax rates and water rates sufficient to pay the following: a. To pay for water delivered by the City pursuant to this Agreement at rates and in amounts equal to or greater than that hereinafter set forth. b. For all operation and maintenance expenses in an amount sufficient enough to meet such expenses as they come due. c. For debt service, in combination with other District Funds, on any Bonds issued by the District in an amount deemed appropriate by the Board of Directors. 4.05 The District agrees to supply the City with a copy of each action by the District setting water rates pursuant to Paragraph 4.04 within seven (7) days of such action. 4.06 Any Bonds issued by the District may be secured by a pledge of the Net Revenues from the operation of the District's water and sewer and/or drainage systems, and the City covenants to cooperate with the District and assist in the computation of revenue and expenses of such systems. SECTION V Wastewater Collection Treatment Services 5.01 The City shall collect and transport wastewater generated by 1400 living unit equivalents from the boundaries of the District, through the system described in Exhibit "B", to the City's wastewater treatment facilities. The exact point or points of delivery of wastewater to the City shall be agreed upon by the City engineer and the District engineer. The City pres- ently has or will obtain adequate wastewater treatment facilities with which to provide service to the District. Retail wastewater collection service within the District shall be provided by the District to individual customers. The District shall adopt an order prohibiting industrial waste from entering its collection system. The City shall be the sole source of wastewater treat- ment services for the District and the District shall not seek to develop its own sanitary treatment capacity or alternate source of services, except in the event that the City is no longer able to provide wastewater treatment service as contemplated hereby. 5.02 The sale of wastewater treatment services shall be measured by a master meter at the connections to the system described in Exhibit "B". The rates charged by the City to the District for waste treatment services shall be calculated in accordance with the lowest in -City rate, multiplied by the same multiplier factor set out in Section 4.02, which is attached hereto and made a part hereof for all purposes. 5.03 Metering equipment and related facilities, a meter house or pit, and standard -type devices required for properly measuring the quantity of wastewater delivered to the City, shall be installed at the point of delivery. The District, at its expense, shall install and provide the meter house or pit. The City, at the District's expense, shall provide and install the meter at cost. The City, at the District's expense, shall operate and maintain the metering equipment, provided, however, that the cost of calibrating the metering equipment shall be borne by the District if requested more frequently than once every twelve (12) months. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered during the correspond- ing period immediately preceding such failure, subject to reason- able adjustments for seasonal and climatic consideration, unless the City and the District otherwise agree. The metering equip- ment shall be read once each City billing cycle. 5.04 The District agrees to pay the City in accordance with the ordinances of the City of Round Rock and to bill users of wastewater treatment services within the District and to set and maintain tax rates and wastewater rates sufficient to pay the following: a. To pay for wastewater treatment services provided by the City pursuant to this Agreement at rates and in amounts equal to or greater than that hereinabove set forth. b. For all operation and maintenance expenses in an amount sufficient enough to meet such expenses as they come due. c. For debt service, in combination with other District Funds, on any Bonds issued by the District in an amount deemed appropriate by the Board of Directors. 5.05 The District agrees to supply the City with a copy of each action by the District setting sewer rates pursuant to Paragraph 5.04 within seven (7) days of such action. SECTION VT Governmental Approvals 6.01 Plans and specifications of all District facilities shall be subject to approval by the City of Round Rock. 6.02 All street and drainage improvements will be subject to approval by the City of Round Rock through its subdivision approval process. 6.03 All subdivision plats of the District shall be subject to approval by the City of Round Rock. SECTION VII Land Use and Development 7.01 L & N, its successors and assigns, covenant and agree that, at the time the creation of the District is confirmed by the residents of the District or prior to development of land within the District by L & N, whichever occurs first, the follow- ing restrictive covenants, numbered (a) through (g), shall be placed of record in the Real Property Records of Williamson County, Texas, in a form approved by the City Attorney of Round Rock, which covenants and restrictions shall run with the proper- ty and be binding upon L & N, and its successors and assigns: a. The property shall be developed and maintained in a manner which meets or exceeds the standards for landscaping set out in the City's Landscape Ordinance, as codified in Chapter 3, Section 10, Code of Ordinances, City of Round Rock, as amended from time to time. b. The property shall be developed and maintained in a manner which meets or exceeds the standards set out in the City's Stormwater Drainage Policy, as codified in Chapter 3, Section 11, and Chapter 8, Code of Ordinances, City of Round Rock, as amended from time to time. c. Construction on the property shall be in compliance with the City's Building Code, including but not limited to any provisions thereof relating to construction in floodplains, the City's Plumbing Code and the City's Electrical Code, as the same may be amended from time to time. Inspection and approval of all construction by the City Building Inspection Department for compliance with this subsection (c) shall be required. d. The subdivision of the property shall require approval of subdivision plats by the City Planning Commission as provided by Art. 974a V.T.C.S., as amended, and Chapter 8 of the Code of Ordinances, City of Round Rock, as amended from time to time. e. Any use of any portion of the property for a use or uses other than single family residential, duplex residential, or commercial, shall require site plan approval of such use(s) by the Development Review Board in accordance with the site plan review procedures and the development standards prescribed by Chapter 11, Code of Ordinances, City of Round Rock. Such portion of the property requiring site plan approval shall be developed and maintained in a manner consistent with the approved site plan. f. Any City reviews, permits, approvals or inspections required by these covenants and restrictions or necessary to evidence compliance herewith shall require the payment to the City of the standard fees for performing the same. g. The erection, placement, size, and maintenance of billboards and signs shall be in strict compliance with Chapter 4, Section 6, Code of Ordinances, City of Round Rock. h. An overall land use plan containing specific land uses and appropriate densities, as referenced in the current Zoning Ordinance, shall be submitted within 30 days of the approval of this agreement. Said plan, after approval by the Planning and Zoning Commission and the City Council, will serve as a commitment to the allowed land uses. Any departures must be submitted for review and approval as if the land were in the city limits. SECTION VIII Miscellaneous 8.01 The City shall not be liable to the District or any customer of the District for the failure of the City to provide water or wastewater treatment service where the failure results from Force Majeure. 8.02 This Agreement and the acquisition of the Project, shall be subject to all valid rules, regulations, and laws applicable thereto, past or promulgated by the United States of America, the State of Texas, or any State or Federal governmental or regulatory body having lawful jurisdiction. 8.03 This Contract shall be for the sole and exclusive benefit of the City, L&N, and the District and shall not be construed to confirm any benefit or right upon any other parties. 8.04 This Agreement may be amended by consent of all the parties. 8.05 The provisions of this Contract are severable, and if any word, phrase, clause, sentence, paragraph, section or other 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 shall be construed as if such invalid provision was not contained herein. 8.06 This Agreement shall be in force and effect until the District is annexed by the City, at which time this Agreement shall terminate, provided that in no event shall the terms of this Contract exceed forty (40) years. 8.07 This Agreement may be executed by the City prior to the creation of the District and shall be binding upon the City for a period of two (2) years, pending creation and confirmation of the District. Upon said creation and approval of this Con- tract by the Board of Directors of the District, it shall there- after be binding upon all parties in accordance with its terms. 8.08 The above and foregoing agreement, including the exhibits which are attached hereto and made a part hereof, contain the entire agreement between the parties hereto and shall in no way be conditioned, modified, or supplemented except by written agreement executed by both parties. 8.09 The City reserves the right to conduct reasonable inspections of the construction of all portions of the Project outside the District's boundaries which will be owned and operat- ed upon completion by the City. L&N, the District, or their assigns will be responsible for reimbursing the City the costs of such inspection. 8.10 All other fees required by the City of Round Rock, including but not limited to, oversize fees, shall be paid as required by its ordinances. 8.11 The parties acknowledge that the City is currently reviewing its water and sewer rates. At such time as the City adopts rates for water and sewer service outside the City, these rates shall replace the ones set forth in this Contract. IN WITNESS WHEREOF, the City, and L&N acting under the authority of their respective governing bodies, have caused multiple copies of this Agreement to be duly executed, each of ich to be of equal dignity, all as of the ,13.4-e day of , 1987. ATTEST: 011 41 ' 1 ATT CITY SECRETARY lCi /14 day of , 1987, by EXECUTED as of the the District. ATTEST: WCMUD/13:1/19/87 CITY OF ROUND ROCK, TEXAS By: Mike Robinson, Mayor L&N LAND CORP., a Texas corporation WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 By: EXHIBIT "A" All of the water supply, transmission and distribution facilities necessary or appropriate to provide water supply services to all territory located within the boundaries of Williamson County Municipal Utility District No. 9, including those facilities referenced in the "Preliminary Engineering Report For The Creation of Williamson County Municipal Utility District No. 9" previously filed with the City of Round Rock by Lichliter/Jameson & Associates, Inc. (Job No. 846-0000-21): 1. The District's proportionate share of the costs of a transmission approach main system, a multiparticipant project that brings a 36 -inch waterline along F.M. 1431 from the City of Round Rock to the western boundary of the District, together with such pumping and storage facilities as may be required for such project; 2. A water distribution network of lines sized between 8 -inches and 16 -inches in diameter with stub outs provided for future adjacent development; 3. All other facilities and costs which may be required by the City of Round Rock, Williamson County, the State of Texas or any governmental entity. EXHIBIT "B" All of the wastewater collection transportation and treat- ment facilities necessary or appropriate to provide sanitary sewer services to all territory located within the boundaries of Williamson County Municipal Utility District No. 9" previously filed with the City of Round Rock by Lichliter/Jameson & Associ- ates, Inc. (Job No. 846-0000•-21): 1. The District's proportionate share of all costs of a proposed basin intercept system which will transport the wastewater south from the boundaries of the Dis- trict to Sam Bass Road and along Sam Bass road to the Onion Creek Intercept. Upon completion of the Brushy Creek Intercept Tunnel, the proposed basin intercept system would be connected to the Brushy Creek Intercept Tunnel; 2. A wastewater collection system of lines sized sufficiently for peak day wet weather flow on an 1.u.e. basis where 1 1.u.e. produces 1.1 GPM. Collection lines for commercial sites will be designed to accomodate 6.47 1.u.e.s per acre while each single family dwelling is equal to 1 1.u.e.; 3. All other facilities and costs which may be required by the City of Round Rock, Williamson County, the State of Texas or any governmental entity. EXHIBIT "C" A Fire Station and Equipment, the total capital cost of which will not exceed $400,000 to be built for use by the City of Round Rock in its performance of the terms of this Agreement, in accordance with the following plan: 1. L&N will sell to the District and the District will dedicate to the City, a site approximately 150' by 150' in the District acceptable to the City. 2. L&N, on behalf of the District, will pay the balance of the total capital costs to construct a fire station on a site selected by the City, which may be outside the boundaries of the District, which will provide adequate service to the District, at the City's time table. 3. The City will man and equip each fire station with trucks. 4. Each Fire Station must provide adequate service to the District so that the residents of the District receive fire insurance rates equal to the City's key rate. 5. City will construct a fire station on the site conveyed in accordance with subparagraph 1 within the District at later date no later than build -out of 85% of single family residential. All of the storm sewer, channel improvements, drainage and other facilities, both within and outside the boundaries of the District necessary or appropriate to drain all excess and storm water flow through or upon all territory located within the boundaries of Williamson County Municipal Utility District No. 9, including those facilities referenced in the "Preliminary Engi- neering Report for the Creation of Williamson County Municipal Utility District No. 9" previously filed with City of Round Rock by Lichliter/Jameson & Associates, Inc. (Job No. 846-0000-21): 1. The Internal Drainage System will consist of curbs and gutters with and reinforced concrete pipe storm sewer systems ranging in size from 18 inches to 60 inches in diameter and will outlet directly into the creek areas. The system will he designed to carry the 25 -year frequency storm with provision to convey the 100 -year frequency storm. 2. Channel improvements will be conducted on the western tributary of Honey Bear Creek to improve transmission of the stormwater. A system of ponds in Honey Bear Creek will be upgraded. 3. Improvements to be culverts under FM 1431 will be conducted to reduce the amount of flow over FM 1431. 4. All other facilities and costs which may be required by the City of Round Rock, Williamson County, the State of Texas or any governmental entity. DATE: January 20, 1987 SUBJECT: Council Agenda, January 22, 1987 ITEM: 11C - Consider an ordinance approving the Consent Agreement for Williamson County MUD No. 9. (First Reading) The attached ordinance will approve the Consent Agreement and other necessary documents for Williamson County MUD No. 9. Following additional staff and subcommittee discussions between now and meeting time an updated version of the documents will be present. Staff recommendation will be made at the meeting.