R-07-05-24-11D3 - 5/24/2007 RESOLUTION NO. R-07-05-24-11D3
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A. ,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with the City of Cedar Park for emergency water
supply, 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 Interlocal Agreement with the City of Cedar Park,
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 24th day of May, 2007.
L ayor
City f Round Rock, Texas
ATTEST•
CHRISTINE R. MARTINEZ, City Secret ry
0:\wdox\RESOLUTI\R70529D3.WPD/=C/0199-9622
INTERLOCAL AGREEMENT TDRAFT
FOR EMERGENCY WATER SUPPLY
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between
the City of Cedar Park, a Texas home rule municipal corporation ("Cedar Park") acting by and
through its duly authorized Mayor, and the City of Round Rock, a Texas home rule municipal
corporation("Round Rock") acting by and through its duly authorized Mayor.
RECITALS:
1. Cedar Park, and Round Rock, each own and operate extensive water and wastewater
utility systems providing utility service to customers in Williamson and Travis Counties.
2. Cedar Park and Round Rock recognize that substantial benefits may be derived from joint
cooperation with each other in the planning, financing, construction and provisions of utilities in
the region served by the parties.
3. Cedar Park and Round Rock will benefit from establishing an emergency interconnect
between their respective systems to assist each other in the event of an emergency.
4. Cedar Park and Round Rock wish to enter into this Agreement to establish such
emergency interconnect and to provide for the terms for the supply of to one or the other in the
event of an emergency.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Definitions. Unless the context clearly requires otherwise, the following terms shall have
the meaning set forth below:
(a) Ageement,means this"Interlocal Agreement for Emergency Water Supply"
(b) Emergency, means an Act of God or similar unforeseen and unpreventable
catastrophic circumstance or disaster that significantly affects either Cedar Park's or Round
Rock's ability to provide potable water to their customers. The term shall not include drought
conditions, service interruptions for scheduled maintenance, lapse of raw water supply contracts
or other legal impediments, over commitment of supply, or replacement or construction of
EXHIBIT
115819
"All 11
facilities or similar events that are preventable by the exercise of due diligence, foresight and
planning.
(c) Emergency Water Service, means potable water service to be provided to one city
to the other for a temporary period only in the event of and for the duration of an Emergency
pursuant to the terms and conditions more particularly set forth below.
(d) MGD,means million gallons per day.
(e) Point of Delivery,means a point at the northwest corner of the intersection of RM
1431 and Sam Bass Road where Cedar Park's water facilities will be connected to Round Rock's
water facilities and from which either city may withdraw water from the other.
(f) Providing City, means the city that is being requested to provide the Requesting
City with Emergency Water Service.
(g) Requesting City, means the city that is requesting Emergency Water Service from
the Providing City.
(h) Water: potable water meeting those requirements for human consumption and
other domestic uses promulgated by the Texas Department of Health, and/or the Texas
Commission on Environmental Quality.
ARTICLE TWO
TERMS AND CONDITIONS
FOR EMERGENCY WATER SERVICE
2.01 Agreement to Provide Emergency Water Service. Subject to the terms and conditions of
this Agreement and the requirements of applicable law, each city agrees to provide to the other
Emergency Water Service to the other at the Point of Delivery on a temporary basis for the term
of this Agreement.
2.02. Rates For Emergency Water Service. Round Rock and Cedar Park agree that the rate for
Emergency Water Service provided by one city to the other shall be the volume rate for retail
customers adopted and amended from time to time by the City Council of the Providing City.
2.03 Provision of Service During Emergency. In the event of an Emergency as defined
hereinabove, either city may request the other to provide Emergency Water Service at the Point
of Delivery for a temporary period to assist the Requesting City in meeting the needs of such
Emergency and the provision of Emergency Water Service shall be subject to the following
conditions:
(a) the Providing City has water available to provide the Emergency Water Service in
excess of that required to service the requirements of such city's water system customers;
2
(b) a determination by the City Manager of the Providing City that a bona fide
Emergency exists and that delivery of Emergency Water Service to the Requesting City will not
endanger the public health, safety or welfare of citizens of the Providing City;
(c) Emergency Water Service will be provided only for the shorter of the following
periods:
(1) the reasonable duration of the Emergency giving rise to the request for
Emergency Water Service;
(2) the reasonable duration needed to repair damage to the water system
occasioned by such Emergency;
(3) the duration of the Providing City's ability to provide Emergency Water
Service to Cedar Park as determined by the Providing City's City Manager; or
(4) two (2)weeks.
In the event that the Emergency exceeds the shorter of the foregoing periods,the Requesting City
may make written request to the Providing City's City Manager to continue Emergency Water
Service beyond said initial period. The Providing City may continue or resume such Emergency
Water Service for an additional period up to two (2) weeks, or such shorter period as the City
Manager shall determine appropriate and necessary,but only if the City Manager determines that
the Emergency giving rise to the initial request for Emergency Water Service has not been
abated, that the Requesting City has exercised reasonable diligence in attempting to remove the
disability giving rise to the initial request for Emergency Water Service, and that water in excess
of the needs of the Providing City's customers continues to be available to provide Emergency
Water Service to the Requesting City.
ARTICLE THREE
GENERAL PROVISIONS
3.01. Term of Agreement. This Agreement shall be for an initial term of forty years from the
Effective Date. Upon the mutual consent of both parties,the Agreement may be extended.
3.02. Authoritv. This Agreement is made pursuant to the authority conferred by V.T.C.A.
Government Code, Chapter 791, and V.T.C.A. Local Government Code Secs. 402.001 and
402.017.
3.03. Payments From Current Revenues. All payments, if any, required to be made by a
governmental entity hereunder shall be payable from current revenues or other funds lawfully
available for such purpose.
3.04. Force Majeure. If,by reason of Force Majeure(as hereinafter defined), any party shall be
rendered wholly or partially unable to carry out its obligations under this Agreement after its
3
effective date, then such party shall give written notice of the particulars of such Force Majeure
to the other party or parties within a reasonable time after the occurrence thereof.
The obligations of the party giving such notice, to the extent affected by such Force Majeure,
shall be suspended during the continuance of the inability claimed and for no longer period, and
any such party shall in good faith exercise its best efforts to remove and overcome such inability.
Payment obligations shall not be considered to be affected by Force Majeure.
The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes,
lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the
government of the United States, the State of Texas, or any other civil or military authority;
insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms;
floods; washouts; or other natural disasters; arrests; restraint of government and people; civil
disturbances; explosions;breakage or accidents to machinery,pipelines or canals; or other causes
not reasonably within the control of the party claming such inability.
3.05 Entire Agreement. This Agreement contains the entire Agreement of the parties and
supersedes all prior or contemporaneous, understandings and representations, whether oral or
written,respecting the subject matter hereof.
3.06. Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each party hereto.
3.07. No Amendment of Other Agreements. Unless otherwise expressly stipulated herein, this
Agreement is separate from and shall not constitute an amendment or modification of any other
agreement between the parties.
3.08 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the
parties hereto and third parties not privy to this Agreement shall not, in any form or manner, be
considered a third party beneficiary of this Agreement.
3.09. Assignment. The rights and obligations of a party arising under this Agreement shall not
be assignable.
3.10. AMlicable Law. This Agreement shall be construed under and in accordance with Texas
law.
3.11. Venue. Venue for any action arising hereunder shall be in Williamson County, Texas.
3.12. Notices. Notices provided hereunder shall be sufficient if forwarded to the other party by
hand-delivery or via U.S. Postal Service,postage prepaid, to the address of the other party shown
below:
4
CEDAR PARK: 600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Sam Roberts
Telephone: (512)258-4121 x6321
Facsimile: (512)258-6083
Email: roberts@ci.cedar-park.tx.us
with copy to: Leonard Smith
P.O. Box 684633
Austin,Texas 78768
Telephone: (512)474-6707
Facsimile: (512)474-6706
Email: lsmith(cr�leonardsmithlaw.com
ROUND ROCK: 221 East Main
Round Rock,Texas 78664
Attn: Jim Nuse
Telephone: (512)218-5410
Facsimile:(512) 218-7097
Email:jnuse@,round-rock.tx.us
with copy to: Steve Sheets
309 E. Main Street
Round Rock,Texas 78664-5264
Telephone: (512)255-8877
Facsimile: (512)255-8986
Email: slsheetsnsheets-crossfield.com
3.13. Multiple Originals. This Agreement may be executed in multiple originals each of equal
dignity.
3.14. Effective Date. This Agreement shall be effective from and after the date of due
execution by the authorized representative of each party to this Agreement.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and Cedar Park have
executed this Agreement as of the date(s)shown below.
5
CITY OF ROUND ROCK:
ATTEST:
By:
City Secretary Nyle Maxwell, Mayor
Date:
CITY OF CEDAR PARK:
ATTEST:
By:
City Secretary Printed Name:
Title:
Date:
6
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DATE: May 17, 2007
SUBJECT: City Council Meeting - May 24, 2007
ITEM: 11D3. Consider a resolution authorizing the Mayor to execute an
Interlocal Agreement for Emergency Water Supply between the
City of Round Rock and the City of Cedar Park.
Department: Water and Wastewater Utilities
Staff Person: Michael D. Thane, Director of Utilities
Justification:
This resolution is for an Interlocal Agreement for Emergency Water Supply with the City of
Cedar Park. The purpose of this agreement is to provide a long-term interconnection
between Cedar Park's water distribution system and Round Rock's water distribution
system. The interconnection will be at the northwest corner of the intersection of Sam Bass
Road and RM 1431. It will have dual meters to allow for flows to or from either city.
Funding•
Cost: N/A
Source of funds: N/A
Outside Resources: City of Cedar Park
Background Information:
The purpose of this agreement is to provide Cedar Park and Round Rock a long-term
emergency water supply at the eastern edge of their water distribution system and at the
western edge of our water distribution system. In developing the "Interim Water Supply"
interlocal agreement, both Cities agreed that it would be an efficient use of the interim
water supply improvements, that when Cedar Park no longer needs interim water after
2010, the improvements be used as a long term interconnection capable of providing each
city an emergency water supply.
Public Comment: N/A
EXECUTED
�MCUMENT
FOLIAOW� S
INTERLOCAL AGREEMENT
FOR EMERGENCY WATER SUPPLY
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between
the City of Cedar Park, a Texas home rule municipal corporation ("Cedar Park') acting by and
through its duly authorized Mayor, and the City of Round Rock, a Texas home rule municipal
corporation("Round Rock")acting by and through its duly authorized Mayor.
RECITALS:
1. Cedar Park, and Round Rock, each own and operate extensive water and wastewater
utility systems providing utility service to customers in Williamson and Travis Counties.
2. Cedar Park and Round Rock recognize that substantial benefits may be derived from joint
cooperation with each other in the planning, financing, construction and provisions of utilities in
the region served by the parties.
3. Cedar Park and Round Rock will benefit from establishing an emergency interconnect
between their respective systems to assist each other in the event of an emergency.
4. Cedar Park and Round Rock wish to enter into this Agreement to establish such
emergency interconnect and to provide for the terms for the supply of to one or the other in the
event of an emergency.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Definitions. Unless the context clearly requires otherwise,the following terms shall have
the meaning set forth below:
(a) Agreement, means this"Interlocal Agreement for Emergency Water Supply"
(b) Emergency, means an Act of God or similar unforeseen and unpreventable
catastrophic circumstance or disaster that significantly affects either Cedar Park's or Round
Rock's ability to provide potable water to their customers. The term shall not include drought
conditions, service interruptions for scheduled maintenance, lapse of raw water supply contracts
or other legal impediments, over commitment of supply, or replacement or construction of
115819
R-07-0-544- 11P3
facilities or similar events that are preventable by the exercise of due diligence, foresight and
planning.
(c) Emergency Water Service,means potable water service to be provided to one city
to the other for a temporary period only in the event of and for the duration of an Emergency
pursuant to the terms and conditions more particularly set forth below.
(d) MGD,means million gallons per day.
(e) Point of Delivery,means a point at the northwest corner of the intersection of RM
1431 and Sam Bass Road where Cedar Park's water facilities will be connected to Round Rock's
water facilities and from which either city may withdraw water from the other.
(f) Providing City, means the city that is being requested to provide the Requesting
City with Emergency Water Service.
(g) Requesting Citv,means the city that is requesting Emergency Water Service from
the Providing City.
(h) Water: potable water meeting those requirements for human consumption and
other domestic uses promulgated by the Texas Department of Health, and/or the Texas
Commission on Environmental Quality.
ARTICLE TWO
TERMS AND CONDITIONS
FOR EMERGENCY WATER SERVICE
2.01 Agreement to Provide Emergency Water Service. Subject to the terms and conditions of
this Agreement and the requirements of applicable law, each city agrees to provide to the other
Emergency Water Service to the other at the Point of Delivery on a temporary basis for the term
of this Agreement.
2.02. Rates For Emergency Water Service. Round Rock and Cedar Park agree that the rate for
Emergency Water Service provided by one city to the other shall be the volume rate for retail
customers adopted and amended from time to time by the City Council of the Providing City.
2.03 Provision of Service During Emergency. In the event of an Emergency as defined
hereinabove, either city may request the other to provide Emergency Water Service at the Point
of Delivery for a temporary period to assist the Requesting City in meeting the needs of such
Emergency and the provision of Emergency Water Service shall be subject to the following
conditions:
(a) the Providing City has water available to provide the Emergency Water Service in
excess of that required to service the requirements of such city's water system customers;
2
(b) a determination by the City Manager of the Providing City that a bona fide
Emergency exists and that delivery of Emergency Water Service to the Requesting City will not
endanger the public health, safety or welfare of citizens of the Providing City;
(c) Emergency Water Service will be provided only for the shorter of the following
periods:
(1) the reasonable duration of the Emergency giving rise to the request for
Emergency Water Service;
(2) the reasonable duration needed to repair damage to the water system
occasioned by such Emergency;
(3) the duration of the Providing City's ability to provide Emergency Water
Service to Cedar Park as determined by the Providing City's City Manager; or
(4) two(2)weeks.
In the event that the Emergency exceeds the shorter of the foregoing periods,the Requesting City
may make written request to the Providing City's City Manager to continue Emergency Water
Service beyond said initial period. The Providing City may continue or resume such Emergency
Water Service for an additional period up to two (2) weeks, or such shorter period as the City
Manager shall determine appropriate and necessary,but only if the City Manager determines that
the Emergency giving rise to the initial request for Emergency Water Service has not been
abated, that the Requesting City has exercised reasonable diligence in attempting to remove the
disability giving rise to the initial request for Emergency Water Service, and that water in excess
of the needs of the Providing City's customers continues to be available to provide Emergency
Water Service to the Requesting City.
ARTICLE THREE
GENERAL PROVISIONS
3.01. Term of Agreement. This Agreement shall be for an initial term of forty years from the
Effective Date. Upon the mutual consent of both parties,the Agreement may be extended.
3.02. Autho ' . This Agreement is made pursuant to the authority conferred by V.T.C.A.
Government Code, Chapter 791, and V.T.C.A. Local Government Code Secs. 402.001 and
402.017.
3.03. Payments From Current Revenues. All payments, if any, required to be made by a
governmental entity hereunder shall be payable from current revenues or other funds lawfully
available for such purpose.
3.04. Force Majeure. If,by reason of Force Majeure(as hereinafter defined), any party shall be
rendered wholly or partially unable to carry out its obligations under this Agreement after its
3
effective date, then such party shall give written notice of the particulars of such Force Majeure
to the other party or parties within a reasonable time after the occurrence thereof.
The obligations of the party giving such notice, to the extent affected by such Force Majeure,
shall be suspended during the continuance of the inability claimed and for no longer period, and
any such party shall in good faith exercise its best efforts to remove and overcome such inability.
Payment obligations shall not be considered to be affected by Force Majeure.
The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes,
lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the
government of the United States, the State of Texas, or any other civil or military authority;
insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms;
floods; washouts; or other natural disasters; arrests; restraint of government and people; civil
disturbances; explosions;breakage or accidents to machinery,pipelines or canals; or other causes
not reasonably within the control of the party claming such inability.
3.05 Entire Agreement. This Agreement contains the entire Agreement of the parties and
supersedes all prior or contemporaneous, understandings and representations, whether oral or
written,respecting the subject matter hereof.
3.06. Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each party hereto.
3.07. No Amendment of Other Agreements. Unless otherwise expressly stipulated herein, this
Agreement is separate from and shall not constitute an amendment or modification of any other
agreement between the parties.
3.08 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the
parties hereto and third parties not privy to this Agreement shall not, in any form or manner, be
considered a third party beneficiary of this Agreement.
3.09. Assigment. The rights and obligations of a party arising under this Agreement shall not
be assignable.
3.10. Applicable Law. This Agreement shall be construed under and in accordance with Texas
law.
3.11. Venue. Venue for any action arising hereunder shall be in Williamson County,Texas.
3.12. Notices. Notices provided hereunder shall be sufficient if forwarded to the other party by
hand-delivery or via U.S. Postal Service,postage prepaid,to the address of the other party shown
below:
4
CEDAR PARK: 600 North Bell Blvd.
Cedar Park,Texas 78613
Attn: Sam Roberts
Telephone: (512)258-4121 x6321
Facsimile: (512)258-6083
Email: robertseci.cedar-park.tx.us
with copy to: Leonard Smith
P.O. Box 684633
Austin,Texas 78768
Telephone: (512)474-6707
Facsimile: (512)474-6706
Email: lsmith Uonardsmithlaw.com
ROUND ROCK: 221 East Main
Round Rock,Texas 78664
Attn: Jim Nuse
Telephone: (512)218-5410
Facsimile:(512)218-7097
Email:jnusenaround-),round
with copy to: Steve Sheets
309 E. Main Street
Round Rock,Texas 78664-5264
Telephone: (512)255-8877
Facsimile: (512)255-8986
Email: slsheets(&sheets-crossfield.com
3.13. Multiple Originals. This Agreement may be executed in multiple originals each of equal
dignity.
3.14. Effective Date. This Agreement shall be effective from and after the date of due
execution by the authorized representative of each party to this Agreement.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and Cedar Park have
executed this Agreement as of the date(s)shown below.
5
CITY OF ROUND ROCK:
TEST:
By:
City Secretary 4.e ax ell, ayor
Date:
CITY OF CEDAR PARK:
ATTEST: c�
City Secretary Printed Name: ?0b
Title:
Date:
6