R-04-06-24-17D1 - 6/24/2004RESOLUTION NO. R -04-06-24-17D1
WHEREAS, Austin Bridge & Road, L.P. desires to purchase water and
wastewater services from the City of Round Rock, and
WHEREAS, the City Council desires to enter into a Water and
Wastewater Service Contract with Austin Bridge & Road, L.P., 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 a Water and Wastewater Service Contract with Austin
Bridge & Road, L.P., a copy of said Contract being attached hereto
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
as
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 24th day of June, 2004.
ST:
NYLE ayor
Cit • Round Rock, Texas
CHRISTINE R. MARTINEZ, City Seca Lary
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WATER AND WASTEWATER SERVICE CONTRACT
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This Water and Wastewater Service Contract ("Contract") is made and entered into by and
between the City of Round Rock, a home -rule and municipal corporation, hereinafter referred to as
"City", and Austin Bridge and Road, L.P. a Texas limited partnership, hereinafter referred to as
"Purchaser." For and in consideration of the premises and the mutual agreements, covenants, and
conditions hereinafter set forth, the parties hereto contract and agree as follows:
Article I. Provision of Water and Wastewater Service
1.01. City agrees to sell Purchaser water and wastewater required by Purchaser for only
domestic uses on an as -needed basis, for the property described more fully in the sketch attached
hereto as Exhibit "A" and made a part of this Contract (hereinafter "Property"). Said Property shall
consist of the currently existing temporary construction trailer facilities shown on said sketch and
those currently contemplated additions to said facilities contiguous with the current facilities as
shown on said sketch. This Contract shall cover only such specified facilities and no others.
1.02. City's obligation to provide water and wastewater services under this Contract is
subject to the capacity of City's facilities to provide water and wastewater services to Purchaser after
meeting the municipal, domestic, commercial, and industrial needs within City's corporate limits,
and after meeting any contractual obligations existing as of the date of execution of this Contract,
but in no event shall the City be obligated to provide more than One Hundred (100) gallons per day
of water or to accept more than Eighty (80) gallons per day of wastewater, averaged over any
consecutive thirty (30) day period, or more than Two Hundred (200) gallons per day peak flow of
water or accept more than One Hundred Sixty (160) gallons per day peak flow of wastewater. Any
water used for actual firefighting will not be counted towards the maximum gallons contracted for
herein.
1.03. Purchaser agrees to abide by all voluntary and mandatory conservation and use
restrictions imposed by City on its own citizens.
1.04 Purchaser is solely responsible for the construction of any and all lines servicing the
Property.
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EXHIBIT
Olt It
Water and Wastewater Service Contract
Rev.
4/17/03
Article II. Rates
2.01. Purchaser agrees to pay City for all water delivered to Purchaser at two times both
the volume rate and the monthly water service charge as authorized by Chapter 10, Section
10.201(5), Code of Ordinances (1995 Edition), as amended from time to time, applicable to sale of
water to customers located inside the corporate limits of City. Purchaser agrees to pay City for all
wastewater service at two times both the volume rate and the monthly sewer service charge as
authorized by Chapter 10, Section 10.202(1), Code of Ordinances (1995 Edition), as amended from
time to time, applicable to wastewater service for customers located inside the corporate limits of
City.
2.02. City shall render a monthly bill to Purchaser for wastewater service and water
consumed. Payment shall be made in accordance with Section 10.203(1), Code of Ordinances.
Failure by Purchaser to make a payment when and as specified will give City the option to terminate
all obligations of City under this Contract.
2.03. Purchaser shall be subject to all provisions of the Utility Billing Policy contained in
Section 10.203, Code of Ordinances (1995 Edition), and as amended from time to time.
Article III. Compliance with Ordinances
3.01. Purchaser agrees to comply with all of City's ordinances as they now exist or as they
are amended from time to time regarding the sanitary use of water or the wastewater treatment
system.
3.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary condition
of City's water supply system.
3.03. Purchaser agrees to pay a water meter fee (based on 3/4" meter size) in the amount
of Forty-three Dollars ($43.00), a water connect fee of One Hundred Dollars ($100.00) and to pay
all other fees applicable to water service, with the exception of the Water Impact Fee.
3.04 Purchaser agrees to pay all fees applicable to wastewater service, with the exception
of the Wastewater Impact Fee.
Article N. Force Majeure
4.01. In the event either party is rendered unable, wholly or in part, by force majeure to
carry out any of its obligations under this Contract, 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
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/UNL/WATER.GEN/00068380. WPD
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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 remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by 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 Purchaser for failure to provide water service due to an inability covered by this
article. Force majeure shall not relieve Purchaser of its obligation to make payments to City as
provided in this Contract.
Article V. Term
5.01. The term of this Contract shall be for a term of Two (2) years from the date hereof.
Article VI. Inspection and Construction Issues
6.01 The City will inspect the connection where the water and wastewater services are
connected to the City system. The City shall be allowed to enter the Property for such other purposes
as may be allowed or required under the City's ordinances.
Article VII. Miscellaneous Provisions
7.01. Purchaser agrees that it is prohibited from selling or giving water purchased herein
to anyone else.
7.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and any and all actions brought to enforce the term of this Contract shall be brought in
Williamson County.
7.03. This Contract 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 Contract.
7.04. In case any one or more of the provisions contained in this Contract 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 Contract shall be construed as
if such invalid, illegal, or unenforceable provision had never been contained herein.
@PFDesktopl::ODMA/WORLDOX/O:/WDOX/CORRIA V WATER.GEN/00068380. WPD
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7.05. This Contract 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.
7.06. The violation by Purchaser of any of City's ordinances related to the use or disposition
of water and wastewater shall render this Contract voidable at the option of City.
EXECUTED, in duplicate, at Round Rock, Williamson County, Texas, on the day
of , 2004.
ATTEST: CITY OF ROUND ROCK
Christine R. Martinez, City Secretary
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By:
Nyle Maxwell, Mayor
PURCHASER
AUSTIN BRIDGE & ROAD, L.P.
By:
Name: 7b }- ek5,n
Title:
Pr t • ecA Mc,
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THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of 2004, by
NYLE MAXWELL, Mayor of the CITY OF ROUND ROCK, on behalf of said City.
Notary Public - State of Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This i strument was . cknowledged before me on the q day of JL,( fl 2004, by
Todd en Son , •' e . N • . of AUSTIN BRIDGE & ROAD, L.P. on behalf of
said limited partnership.
TERRI WOODMANCY
MY COMMISSION EXPIRES
March 27, 2005
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/UNL/WATER.GEN/00068380. WPD
Notary Public - State of Texas
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Austin
Austin Bridge & Road
An Austin Industries Company
April 26, 2004
Tom Clark
City of Round Rock
Director of Utilities
Utility Department
2008 Enterprise Drive
Round Rock, Texas 78664
Austin Bridge & Road, L.P.
12112 Volente Rd. (RM 2769)
Austin, Texas 78726
512/219-5776
512/219-6322 (Fax)
Dear Mr. Tom Clark,
This letter is in response to our verbal conversation on April 20, 2004, at your office
regarding the City of Round Rock providing water and wastewater services to our field
office. The field office complex will be setup east of the intersection of Louis Henna
Boulevard and High Country Road along the northern edge of the TxDot right-of-way for
SH 45. It is my understanding that the southern boundary for the city limits of Round
Rock is actually the south edge of the adjacent subdivision. I would like to request that
the city of Round Rock allow us to tap into the city's utilities for approximately twenty-
two months. The estimated amount of water that will be used on a monthly basis is
approximately three thousand gallons. The attached plans from SH 45 provide greater
detail of the area in question.
Respectfully Submitted
AL-
J.
. Adam
Project Engineer
Austin Bridge & Road, LP
S:WnphicaCprtiy Agenda MemegEnpineen Mater Dater Unety‘SH e5 Ogee@ Medea
DATE:
SUBJECT:
ITEM:
June 18, 2004
City Council Meeting - June 24, 2004
17.D.1. Consider a resolution authorizing the Mayor to execute a Water and
Wastewater Service Contract with Austin Bridge & Road, L.P.
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Utilities Director
Justification:
Austin Bridge & Road (ABR) has requested water and wastewater service to
a construction trailer that will be used as part of the State Highway 45
project and will be located outside the city. This is allowed under current
City Ordinance, subject to adequate capacity and approval by the City
Council. Service will be required for approximately 22 -months and adequate
capacity is available for service. ABR will pay twice the inside city rate for
these services.
Funding:
Cost:
Source of funds:
Outside Resources:
Background Information:
Public Comment:
All costs will be paid by Austin Bridge and Road
N/A
N/A
N/A
Austin Bridge and Road
ABR is one of the contractors working for TXDOT to build
State Highway 45. They propose to locate a construction
trailer outside the city limits just east of the intersection of
High Country Road and Louis Henna Blvd for approximately
22 -months. Adequate capacity is available to serve the trailer
that is anticipated to use 3,000 gallons of water per month.
Staff recommends approval of the Resolution.
Executed
Document
Follows
WATER AND WASTEWATER SERVICE CONTRACT
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This Water and Wastewater Service Contract ("Contract") is made and entered into by and
between the City of Round Rock, a home -rule and municipal corporation, hereinafter referred to as
"City", and Austin Bridge and Road, L.P. a Texas limited partnership, hereinafter referred to as
"Purchaser." For and in consideration of the premises and the mutual agreements, covenants, and
conditions hereinafter set forth, the parties hereto contract and agree as follows:
Article I. Provision of Water and Wastewater Service
1.01. City agrees to sell Purchaser water and wastewater required by Purchaser for only
domestic uses on an as -needed basis, for the property described more fully in the sketch attached
hereto as Exhibit "A" and made a part of this Contract (hereinafter "Property"). Said Property shall
consist of the currently existing temporary construction trailer facilities shown on said sketch and
those currently contemplated additions to said facilities contiguous with the current facilities as
shown on said sketch. This Contract shall cover only such specified facilities and no others.
1.02. City's obligation to provide water and wastewater services under this Contract is
subject to the capacity of City's facilities to provide water and wastewater services to Purchaser after
meeting the municipal, domestic, commercial, and industrial needs within City's corporate limits,
and after meeting any contractual obligations existing as of the date of execution of this Contract,
but in no event shall the City be obligated to provide more than One Hundred (100) gallons per day
of water or to accept more than Eighty (80) gallons per day of wastewater, averaged over any
consecutive thirty (30) day period, or more than Two Hundred (200) gallons per day peak flow of
water or accept more than One Hundred Sixty (160) gallons per day peak flow of wastewater. Any
water used for actual firefighting will not be counted towards the maximum gallons contracted for
herein.
1.03. Purchaser agrees to abide by all voluntary and mandatory conservation and use
restrictions imposed by City on its own citizens.
1.04
Property.
Purchaser is solely responsible for the construction of any and all lines servicing the
(PFDesktop\::ODMA/WORLDOX'O:/WDOX/CORR/UNLi WATER.GEN/00068380. WPD
Water and Wastewater Service Contract
Rev.
4/17/03
Article II. Rates
2.01. Purchaser agrees to pay City for all water delivered to Purchaser at two times both
the volume rate and the monthly water service charge as authorized by Chapter 10, Section
10.201(5), Code of Ordinances (1995 Edition), as amended from time to time, applicable to sale of
water to customers located inside the corporate limits of City. Purchaser agrees to pay City for all
wastewater service at two times both the volume rate and the monthly sewer service charge as
authorized by Chapter 10, Section 10.202(1), Code of Ordinances (1995 Edition), as amended from
time to time, applicable to wastewater service for customers located inside the corporate limits of
City.
2.02. City shall render a monthly bill to Purchaser for wastewater service and water
consumed. Payment shall be made in accordance with Section 10.203(1), Code of Ordinances.
Failure by Purchaser to make a payment when and as specified will give City the option to terminate
all obligations of City under this Contract.
2.03. Purchaser shall be subject to all provisions of the Utility Billing Policy contained in
Section 10.203, Code of Ordinances (1995 Edition), and as amended from time to time.
Article III. Compliance with Ordinances
3.01. Purchaser agrees to comply with all of City's ordinances as they now exist or as they
are amended from time to time regarding the sanitary use of water or the wastewater treatment
system.
3.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary condition
of City's water supply system.
3.03. Purchaser agrees to pay a water meter fee (based on 3/4" meter size) in the amount
of Forty-three Dollars ($43.00), a water connect fee of One Hundred Dollars ($100.00) and to pay
all other fees applicable to water service, with the exception of the Water Impact Fee.
3.04 Purchaser agrees to pay all fees applicable to wastewater service, with the exception
of the Wastewater Impact Fee.
Article IV. Force Majeure
4.01. In the event either party is rendered unable, wholly or in part, by force majeure to
carry out any of its obligations under this Contract, 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
(tOFDesktop.::ODMA/WORLDOX/O:/WDOX/CORR/UNLj WATER.GEN'00068380. WPD
-2- Water and Wastewater Service Contract
Rev.
4/17/03
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 remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by 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 Purchaser for failure to provide water service due to an inability covered by this
article. Force majeure shall not relieve Purchaser of its obligation to make payments to City as
provided in this Contract.
Article V. Term
5.01. The term of this Contract shall be for a term of Two (2) years from the date hereof.
Article VI. Inspection and Construction Issues
6.01 The City will inspect the connection where the water and wastewater services are
connected to the City system. The City shall be allowed to enter the Property for such other purposes
as may be allowed or required under the City's ordinances.
Article VII. Miscellaneous Provisions
7.01. Purchaser agrees that it is prohibited from selling or giving water purchased herein
to anyone else.
7.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and any and all actions brought to enforce the term of this Contract shall be brought in
Williamson County.
7.03. This Contract 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 Contract.
7.04. In case any one or more of the provisions contained in this Contract 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 Contract shall be construed as
if such invalid, illegal, or unenforceable provision had never been contained herein.
(WPFDesktopC:ODMA/WORLDOX/O:/WDOX/CORR/UNL/WATER.GEN/00068380. WPD
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7.05. This Contract 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.
7.06. The violation by Purchaser of any of City's ordinances related to the use or disposition
of water and wastewater shall render this Contract voidable at the option of City.
XECUTED, in duplicate, at Round Rock, Williamson County, Texas, on the day
, 2004.
ATTEST:
1,11, LOA?. ,V)
Christine R. Martinez, City Secretary
(a PFDesktop\::ODMA/WORLDOX/O:/WDOX/CORR/UNL/WATER.GEN/00068380.WPD
CITY OF ROUND ROCK
By:
PURCHASER
AUSTIN BRIDGE & ROAD, L.P.
By:
Name:
Title:
Trt is„,
Pray e -t +.-k, �`"r
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THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on thec 4 day of tJ IA Yl t) , 2004, by
NYLE MAXWELL, Mayor of the CITY OF ROUND ROCK, on behalf of said City.
SHERRI MONROE
Notary Public, State of Texas
my Commission Expires
MAY 7, 2007
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public - State of Texas
This i strument was acknowledged before me on the C'� day of JL) (1 �` , 2004, by
-ice) �� � �n 5i (1 , �(� � M (1C1►'. of AUSTIN BRIDGE & ROAD, L.P. on behalf of
said limited partnership. J
1
TERRI WOODMANCY
•
MY COMMISSION EXPIRES
March 27, 2005
a �
1
@PFDesktop.::ODMA/WORLDOX/OJWDOX,CORR/UNL/WATER.GEN/00068380. WPD
UU JO in dine_
Notary Public - State of Texas
;r.
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Rev.
4/17/03