R-05-09-22-14F1 - 9/22/2005 RESOLUTION NO. R-05-09-22-14171
WHEREAS, RG Tate & Associates, Inc. ("Developer") desires to
develop certain property within Williamson County Municipal Utility
District No. 9 ("District") , and
WHEREAS, . the Developer desires to obtain water and wastewater
service from the District for the proposed development, and
. WHEREAS, the District will require additional water and
wastewater living unit equivalents (LUEs) for the proposed development
from the City of Round Rock, and
WHEREAS, the City wishes to enter into an Agreement between
Williamson County Municipal Utility District No. 9 and RG Tate &
Associates, Inc. for Three (3) Additional Water and Wastewater LUEs,
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 Agreement between Williamson County Municipal
Utility District No. 9 and RG Tate & Associates, Inc. for Three (3)
Additional Water and Wastewater LUEs, a copy of said agreement 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.
OPFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50922F1.WPD/sc
RESOLVED this the 22nd day of Septem r, 200
NYELL, ayor
City of Round Rock, Texas
AT ST:
CHRISTINE R. MARTINEZ, City SecretatW
2
AGREEMENT BETWEEN WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 9, THE CITY OF ROUND ROCK AND
RG TATE &ASSOCIATES,INC FOR THREE (3) ADDITIONAL WATER AND
WASTEWATER LUEs
THIS AGREEMENT is entered into as of the day of , 2005, by and
among WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9, Williamson
County, Texas, a body politic and corporate and a governmental agency of the State of Texas,
organized pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution and
Chapters 49 and 54 of the Texas Water Code (hereinafter called the "District'), the CITY OF
ROUND ROCK, TEXAS, a municipal corporation organized pursuant to the laws of Texas
(hereinafter call the "City"), and RG TATE & ASSOCIATES, INC. (hereinafter called the
"Developer").
RECITALS
A. The District has the right to receive at least 1400 LUEs of water and wastewater
service from the City pursuant to that certain "Water and Wastewater Agreement dated January
22, 1987 attached as EXHIBIT "B". The District has determined that it has no additional LUES
to sell or convey.
B. The Developer is seeking to develop certain property within the District that
retains two (2) LUEs at this time. That property is more fully described on EXHIBIT "A"
attached hereto and made a part hereof for all purposes (the "Property"). The Developer desires
to obtain water and wastewater service for the Property from the District and to obtain an
additional three(3) Living Unit Equivalent's (hereinafter"LUES") from the City.
C. The City desires to provide three (3) additional LUES to the Developer for the
Property.
D. The District has determined that sufficient water and wastewater capacity exists
within the District's system to provide water and wastewater service through the District's water
and wastewater collection system to the Property, and that the revenues from the Developer for
this water and wastewater service would be of benefit to the District.
E. It is anticipated that Developer, on behalf of the District, will contract with the City
for three (3) LUEs of water and wastewater service.
AGREEMENT
For and in consideration of the mutual promises, covenants, obligations and benefits of
this Agreement, the District, the City and the Developer contract and agree as follows:
Section 1. District Water and Wastewater Service.
a. Purchase of LUES. The Developer, on behalf of the District, shall pay the City
the sum of$ 16,806.00. This payment shall be full and final payment sufficient to require water
and wastewater service for three(3) additional LUEs.
b. Use of Capacity. The District shall allow such water and wastewater to pass
into the District's water and wastewater distribution system as is necessary to provide capacity
for the Property.
C. District's Administrative Engineering and Legal Expenses. Simultaneous with
the execution of this Agreement by the District, the Developer shall pay the following sums for
legal, engineering and administrative costs related to this agreement:
Administrative expenses: Williamson County MUD No. 9 $1,663.75
Engineering expenses: Gray, Jansing&Associates $2,000.00
Legal expenses: Leonard Frost Levin Van Court&Marsh $1,591.70
Total: $5,255.45
Section 2. Access Easement Road. Developer agrees to pay all costs for removing
and creating a new access easement road to the property subject to review and approval of the
District Engineer.
Section 3. Default by Either Party. In the event of default by any party, another
party may give to the defaulting party written notice of such default specifying the failure or
default relied upon. If the defaulting party fails to fully cure the default specified in such notice
within thirty days after receipt of such notice, the other party shall have the right to terminate this
Agreement as of the date of the event of the default, and to thereafter pursue all other legal or
equitable remedies. The nondefaulting party may employ attorneys to pursue its legal rights and
if it prevails before any court or agency of competent jurisdiction, the defaulting party shall be
obligated to pay all expenses incurred by the nondefaulting party, including reasonable
attorneys' fees.
Section 4. Severability. The provisions of this Agreement are severable, and if any
provision or 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 and the application of such provision or part of this
Agreement to other persons or circumstances shall not be affected thereby.
Section 5. Modification. This Agreement shall be subject to change or modification
only with the mutual written consent of all parties.
Section 6. Assienability. The Developer may assign this Agreement to any owner of
the Property. Otherwise this Agreement shall not be assignable by the Developer without the
prior written consent of the Board of Directors of the District, which consent shall not be
unreasonably withheld.
Section 7. Applicable Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Texas.
Section 8. Parties at Interest. This Agreement shall be for the sole and exclusive
benefit of the parties hereto and shall never be construed to confer any benefit to any third party.
Section 9. Waiver. Each party may specifically, but only in writing, waive any
breach of this Agreement by the other party, but no such waiver shall be deemed to constitute a
waiver of similar or other breaches by such other party.
Section 10. Notices. All notices to the District shall be in writing and mailed by
Certified Mail,Return Receipt Requested, addressed to:
Williamson County Municipal Utility District No. 9
c/o Geronimo M. Rodriguez Jr.
Leonard Frost Levin Van Court &Marsh, P.C.
816 Congress Ave., Suite 1280
Austin, Texas 78701
All notices to the Developer shall be in writing and mailed by Certified Mail, Return Receipt
Requested, addressed to:
RG Tate & Associates, Inc.
c/o Jacque Hayes-Tate
1107 West 45th Street
Austin, Texas 78756
All notices to the City shall be in writing and mailed by Certified Mail, Return Receipt
Requested, addressed to:
Director of Utilities
City of Round Rock, Texas
2008 Enterprise Dr.
Round Rock, Texas 78664
Any party may change its address by giving written notice of such change to the other parties.
Section 11. Term. This Agreement shall be in force and effect from the Effective
Date from the date of execution of this Agreement by all parties terminating coincident with the
term of that certain Water & Wastewater Agreement dated January 22, 1987 attached as
EXHIBIT "B".
Section 12. Effective Date. This Agreement shall become effective on the date
that the District and the City grant the Developer's request for an additional three (3) LUES of
water and wastewater service by signing this Agreement.
Section 13. Multiple Originals. This Agreement shall be executed in a number of
counterparts, each of which shall for all purposes, be deemed to be an original, and all such
counterparts shall together constitute and be one and the same instrument.
i
IN WITNESS WHEREOF, RG Tate &Associates, Inc., has caused its corporate name to
be hereunto subscribed by its officers, thereunto duly authorized; the President of the District has
executed, and the Secretary of the District has attested this instrument, on behalf of said District
pursuant to an Order passed and approved by the Board of Directors of said District; and the
Mayor of the City has executed, and the Secretary of the City Council has attested this
instrument, on behalf of said City pursuant to a Resolution passed and approved by the City
Council of said City.
EXECUTED AND EFFECTIVE as of , 2005.
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 9
By:
Rainer Ficken, President, Board of Directors
ATTEST:
Secretary,Board of Directors
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell,Mayor
ATTEST:
City Secretary
RG TATE & ASSOCIATES,INC.
By:
Jacque Hayes-Tate, Principal
\\Gr-laptop\my documents\Will 9\3 LUE Agreement WCMUD 9 City Tate 3.doc
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 1, Block 7A, FINAL PLAT VISTA OAKS SECTIONS 7A&7B, according to map or plat
thereof recorded in Cabinet Y, Slide 253, of the Plat Records of Williamson County,Texas.
�ti�1'14K�•e.'.1.��:�;�"•'Rf,.i`�'�N�4�•.fYt:i'i,:;�s 4'!;.t . ..
Je
1 .r'•rte. .•,T'1,5btC.'ilj..�`-i.:t.v' -'`:i:': �
WATER AND WASTEWATER AGRE
?3_t` + rjaY L. •..si�': -_c, STATE OF
:K'`�.._ s..•• _:; TEXAS S
4.2
]KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIANSON S
This Agreement is made and entered into as of the date last
herein written byd n between
a the CITY OF ROUND ROCK, TEXAS
''y► Yt�}`?_ -.,-: y�: _ .('City), a home rule city located in Williamson County, Texas;
.y .( L&N LAND CORP., 8 Texas corporation ('LiN')= WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 9 ( District
' ') , a conservation and
reclamation district to be created pursuant to Article XVI,
,:, , r*Y;�A:,::• >M',;;:.:;. Section 59 Ok the Texas Constitution and operating under the
W.
provisions of Chapter 54 of the Texas Water•''�v;:•*''•.3{`�'"'+''.� ti r , .. ter Code.
Lai WITNESSETH:
N.
f�'-siy;fit _'fie•: :.: . -x
M WHEREAS, the City owns and operates a water treatment and
system serving
territory withindistribution the City's
, extraterritorial jurisdiction as well as within the boundaries of
the City; and
- :1.�-•:: *`'' - ,.'';- .-r:.>`;=-=` WHEREAS, the City owns wastewater treatment and disposal
t! at+ ^_is.': ?•`_?'�`-`='=:`-`` :" facilities serving territory within the City's extraterritorial
jurisdiction as well as within the
. ;Si r•:':;��.�•.•':�:- - _ boundaries of the City= and
WHEREAS, provision of garbage collection and fireprotection
to the residents of the District can,. be best accomplished by
""r'S' : • °. _ agreement between the parties; and
•:r:��'k"�� rte'-;i+ry•�.syvY_,.t;;:r:` _ - -•.,;:. .
- �,s � y✓ _:,; _` N_ ,;._::. WHEREAS, LiN is the owner of a majority in value of the land
'_�°-•v:: _-s- ' rid'-r.:-:: "_:.,; :;; comprising the District, which consists of approximately 316
acres; and
WHEREAS, the District desires to obtain access to the City*
'Y water supply and wastewater treatment systems in order to Y
a dependable supply provide
pp y of potable water and environmentally sound
� t:;. �.,•!,�:`'==•-`��.':�,�-:" � wastewater treatment services for t}:e residents of the District;
- _ - "'r tib'`'-��,,.� •'=:,`�.'` '':-.�.- :��:,.:�:�� more economically than cons tin¢ independentwater supply
and
wastewater treatment facilities; and and
r. 'r•.� _"` • 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 -
<_=i•:c•, r.;,; ::.:,_,: ,.:;, granted fire prevention powers which will permit its construction
of a fire station; and
' ' '04 '} `ti"�!'"� ''"'' WHEREAS, the District has determined that it is appropriate
ate;; _...___ .„_:_• ,_._. 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
d. thereto;
NOW, THEREFORE, for and in consideration of the premises and
the mutual obligations and benefits herein contained, the parties
hereby agree as follows:
.:j.:::. ,:.. SECTION I
~•�' Def --tions
_ 1.01 The terms and expressions used in this Agreement,
unless the context clearly indicates otherwise, sall have
meanings as follows:
V
v�'t:'.•�`•r• fir•.=.ti-h;. i-"' .a,<i�?: ;;'r'.) }> • _ '
4.; ; =�4:ns ::`:_ :: a. •Project• means the water mains, elevated storage tank,
appurtenances and o Y
Exhibit • • • other facilities more full described in
J. w A , which is attached hereto and made a part hereof for
, ,- all purposes, the wastewater lines force mains
hies more and other facil-
ities
}f ,'.'' `" - fully described in Exhibit •B', which is attached
" ` :z. 'a hereto and made a part hereof for all purposes and the drainage
•. ,.
; Ti ;: facilities, fire station and the
;-Y and Exhibit •C• which other expenditures set forth in
: .; •_`� __; =:;.:, '?y 4 ti _ • 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,
. �"; •: .�;k"��' 'd_ : ',�,,. - easement acquisition
acqu expenses, insurance premiums, studies,
costs nide
�a;��€�• �'; + iyr;; ,..:_: .-::; E,; �rmits, licenses and other incident or attributable to the
b. •Cent=ai Water and Sewer Facility
amounts charged by Cit to Charges* means the
costs of the City's central pay port of the capital
• =<> i= <`"F_ ' '-:-` " supply and water treatment and
;ti.•::•_: s2 :'c::-_>''�_'- =- wastewater central treatment and disposal sy ry
stem necesa to
provide fresh water supply and wastewater collection, treatment,
and disposal services to the District. These charges are herein
;::+Sy is-'-?Lam^,'U'�;,,;,y •'_.: �. sometimes referred to as base water service and base sewer
1�}: �'' service fees.
Cyt„-.'•'�•.-•�j.;s:; :a:`C;_..:�::�r. _.• =-'-.•
C. 'Board• and •Board of Directors* means the Board of
Directors of the District.
d. •Bonds'
~ ...'. ations
issued or incurred by thmeans e bonds,Districtfor tacquirins or q the Proher ject or
< -;tet•.-• --�-.-"'•1• s: •+a;.�..;'-.';.='d
reimbursing or paying a Project Cost, 'Whether in one or more
series or issues. None of the bonds shall have a maturity which
.:e:.�=:=:,:��>,,.:.i- :,-'.:_mss:•;;:.
exceeds 20 years from the date of the first
_�:+x�`Cv. .•;;��r,� - f�k,,..::';r�,:"�F issue of bonds.
.::ti;�'-_��f�'�'r.'��:�'t �?;tea-�;•;`:'::=���:
�..� .^ :.:;:• ; . : e. •Bond Resolution' means any resolution, order or
== r<::%;;r;:>;''•>�...: '- '- 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 Cod, strikes, lockouts,
or other industrial disturbances, ac Es of public enemy, orders of
any kind of the Government of the United States or the State of
Nc� • ."�rv;:' ``�?�= ';: Texas or any civil or military authorityother
to this Agreement, insurrection, riots,
the parties
insurr s, epidemics landslides
lightning, earthquake, fires, hurricanes ,
-.. '�:. .,_:�:% _:• .;,.' _ `�� storms, floods,
~- •` '` Washouts, droughts, arrests, restraint of government and people,
civil disturbances, explosions, breakage or accidents to machine-
`; '�;..:, :,r:•.�;:~.''-_., _.r_.::..... . .•..a•.a,
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 da
-_' for wastewater and 480 gallons per day for potable water, de-
' ?1 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-Flex, Four-Flex, and
Multi-Family 0.7 per unit
Motel-Motel {Rooms Only) 0,5 per unit
For commercial uses which distinctly comply with one of
%•.w;_- ,i,_..;•. ..,;; the following development types, the LUES of service shall be as
followa:
TYPE OF COMMERCIAL UNIT NUMBER OF LUEs
7. Office i LUE/3000 Sq.Ft. of Floor Space
Office Warehouse i LVE/4000 Sq.Ft. of Floor Space
Retail; Shopping Center 1 LUE/1660 Sq.Ft, of Floor Space
•SLR_ .<. !`ti:�h�}�6��` V�:r .- .r. ., ... . . .. !^ .. .. .... .. .... . - .. .-
`Yr
,•„ � �:}. ., �• ,: .. '�••,�;� ;�:. Hospital (Includes Cafeteria) 3 LIIE/Bed
Home incl
Rest 8
(includes Cafeteria) 1 LIIE/bed
'L,',::rrsN:c•7. `r+•.ry:;:.'=->-:�`• - ' _ (iii) For commercial uses which do not distinctlyc
v
# ,`�•' "` =`" _ any of the Preceding development t o with
`�.� '•� :�:` `:' '. pme types, the number
LU of LUES of
_. `•: service shall be determined pursuant to certified engineers' data
furnished to and approved by the City
., �..r �;+s =i.:,•:u.t;;..<,;,, ; (ivl For facilities owned and operated by Public Schools,
Counties toren
4 v4 F ,.. * r_> , Fire Departments serving the public, and Churches the
.. .f:-:; :,:,: ,.. ; number of LUES shall be '
determined
i�� r;, �• _ ...ro; _ in accordance with the
a T,�, yrt�,,; ;..~�c:�- i .•: Y;,_ following formula:
4,
Building
•'� :?'' '• '4'''�: - i -Suildina Area Y 6
Land Area in Acres }UE
sLand Area
-Wv�=�;" 1�" �.'h.«ice:
h. "Ordinances* means
finance
as they may, from time to orb sof the City of Round Rock
_.;, :'r_ - '�*�• _ - '- :3:--�. . time be amended.
�r c�:,.,• -Y SECTION II
2.01 Subject to the terms and conditions of this Agreement,
'•. :;int;:.`-_i�•�::�,;'-. _. _
LiN 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 ad
Resolution of the City of Round Rock
of the Ordinance or
creation of Williamson Count M 9raating consent to the
,.•�,.:s•_,.r. 'r�'� .:-_• y Municipal Utility District No. 9
;,,;,T with authority to finance the project. This payment shall
t*iv''* consist of• full and final
3 0.00 payment, in,advance, of all central
water and sewer facility charges to be required by the City of
Round Rock for the final platting
,;-A s.:. P nq of residential and commercial
~J,yj° +z:: R 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 LZN 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 Reck, 1S&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
a, '•.�1 'f =x�` �'''��'" !-=-'
City of Round Rock on terms and conditions acceptable to the
`. ?':,.-::,. ••' y. The District shall have authority to issue bonds to
:;: ,;_;•:`:'; i :y�::•;`:: reimburse LiN 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
?::- r-%•,` ��'' the City, all in accordance with the ordinances
r• �> �.��"��'.r•: •��'�� � current of the Cit of
Round Rock. The cu monthly rate is $9,00 metered unit
}:;'��• K':r_r:: :; or, in the case of multi-family units, $9.00 per 1. me
•� l.u.e.
2.03 Subject to the terms and conditions of this Agreement,
LiK shall provide to the District a letter of credit from Lomas i
..,_:,. • •.. -. Y-, KettleZon 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
SECTION III
Proiect A~cguyition
3.01 Subject to the limitations set forth herein, the
District will finance and acquire the Project. The Consulting
- Engineers for the Project shaii be Lich I iter/Jameson 6
T! ..�.• �.
.'-r1'q-'` :v-'r a''r��' 'ice ^s:'v,: --•
Associates, Inc. The District shall pay all actual costs of
f •-: .•.a ;:, < acquiring its share of the Project through the issuance of Bonds
the money provide to
P y for such payment, all in the manner
: >;,','• c ":_ - `.=:=:: . hereinafter described. The District agrees q to proceed promptly
Vin+=': --�: .;j• =s.- ::-.:.�;• to obtain the necessary approvals to issue the Bonds and acquire
the Project. Upon obtaining said approvals, the District w111
proceed promptly to issue and sell the Bonds and thereafter to
� `' `� ���• purchase and/or construct the Project as soon as practicable, but
. �. �c• �`�
shall
not be liable for any damages occasioned b delays
in
completion of the Project. Y y
3.02 Tfs
�.;yam.,' _, ^'_�� -'�� s-•- a 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,
_�i,.r��-y„ :.,�;a-}. •.-..-'-'.-. ,.,; .,.: all engineering, financing, legal, Printing,
easement acquisition
_k_ and other expenses incurred in connection with the issuance,
sale, and delivery of the Bonds. ill be issued in an
-�•c:�.:=.:.:��`�:.,. <<� �;:`�:::=-:'' rY Such Bonds w
amount sufficient to cover the costs of the Project and all the
<•?� =°= expenses aforesaid
•.zs�� ;~;:` - "•' .4<='= ^,, p ses and to provide for thepayment
._`s'�' ,�='r�: :=�';` `: s P+' ,• ;: interest on the period not to two capitalized
for ape coed two
�• Bonds ) 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 Y(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 b the State. each such contract must be
-r _ :�'::,::-••:i:�,�'•' "`•`•"'�.: y In addition, h
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 Distrtct. The District shall draw
on and use such Construction Fund tfo 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
;::a;:=-.:�•�.';;,'.: - 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.
X�ii•�il'av h7•:a'. ••i.a9''.:.:._�,'�'+'
ligation of the
shal1be 3.06condetio ed upon and subject District to acquire the Project
) to the following:
"�-:' + a•
Approval of the Project by the Texas Department of
dater Resources, Texas Department of Health
other local, state or federal a and any and all
genies having jurisdiction; and
:_ c.? .c `. o=, : "::, ;'.:«'>.:_...•: :�-Yx;, b. Sale of Bonds in an amount sufficient to pay all
Project Costs and the expenses of Issuing the Bonds
`�'_",s_"�'�;,w�y,`',��'���y=4r� '.�,`•sv, g i and
C. The District'
s ability, or the ability of its
r;titre^.�.-� =f ''•• ^-:.. -:,<:;...;,r ... contractors , 'labor, and
•aa�ar�; rr,:._�.-:•:� ,:x,.:,...-,._,,: -,.,--.� , to obtain all anterial equipment aeces-•
Gary for the Project.
3.07 these
s_ By presents, the authorizes
_r zY;�j •;:_-1i . District of any and all real City horizes use by the
ra property, streets, alleys, public
ys and places, and general -utility easements of the Cit for
�:, ,: _ <,..:-:�.:.;~� =•:;` .�:;.r acquisition and construction f the
by the District does not interfere Pwithcan co long as such use
`y City. y lawful use by the
v.�<:.��-.,,. � 3.08 If b
�:-.;.:: ._:..,;> - -':c;' ""'; . Y reason of Force Majeure, any party hereto shall
?<- ?::,�:,:•,: ._ti . ;:L;..�::,.: be rendered unable, wholly or in part, to carry out its obliga-
= =": - _ �' :_=, : _ tions under this Agreement, then such party shall give notice and
-s: :.:Y?•'..:
full particulars of such Force Majeure in
. +,. :r:��•.-=:a,`•.�=',.. ,,,.�.-'`-�.=:-';: =?-_ 7 writing to the other
,..• ::...,,. party within a reasonable time after occurrence of the event or
:; :a j,�;:::�,; , ;;_j4, __: •� + 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 th9. inability then claimed,
;-"� -- ,,..;, ;• except as hereinafter provided; but for no longer-- g period, and any
such party shall endeavor to remove or overcome such inability
with all reasonable dispatch. The settlement of strikes and
;? ""'' .?:e•� _ . �•..• lockouts
affecting this Agreement shall be 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 besupplied 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
pp y 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
vo '
r increased f
follows: r� � to year until the fifth year of service as
First year of service 1.65
Second year of service 1.70
Third_
year of service 1.80
Fourth year of service 1.90
Fifth year of service
;_a,•^r �- r and thereafter 2.00
' ,; =�A ; The "years of service
,� -� ,"_. .�.,...w...�� " shall be twelve (12) month increments
t, -°=L'' - - - rather than calends y of
+�a,r _ ,,-", service tall: r ears.
It is understood that the City water rates are based upon a
x`=u� `= ` • 'r "" rrtressive formula which increases the rate for water sales at
certain cer1
evels of consumption. The District agrees that the
:•� ;;:;: rates set by the City and charged to
:':•.. --,^- _ g the District may be amended
from time to time as in-City rates are amended from time to time
fs %?• _- 'N_ '_- _ so as to maintain the equivalent tela
district to and relationship between the
ict ra the in-city rates as set forth above,
4.03 Metering equipment and related
facilities, a meter
".«• ''° 'v°'`" ;';`="``: house or pit, and standard-type devices required for properly
':; ' r="r::• - -' 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. -Phe 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 (31) above or below the
�:r^• ^ ^�'; :: =-_:-..= test result shall be deemed to be accurate. If any meter fails
to register
for an
�:- :;; ,:.':. "• _� y period, the amount of water furnished during
such period shall be deemed to be the amount of water delivere
•�.=;:.: :;; �,-; `'-:'':= :::-'. during the corresponding period immediately preceding such
failure, subject to reasonable adjustments for seasonal and
climatic considerations, unless the City and the District other-
:;r ; '' wise agree. The meteringui
billing cycle. Pmenttshall be read once each City
4.04 The District agrees to
'�•:::` --��. •.- - 9 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.
� ti ;• ; ., _ ._ .. 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.
` -ti SECTIONy
Wastewater Collectionrea
T
x=%s i ::�;,,;oa. �•i;.=- - �sr:::' Lment Services
5.01 The City shall collect and
generated by 1400 livin unite transport wastewater
g quivalents from the boundaries of
;;., :a. ;•:• the District, through the system described in Exhibit 'B' to the
City's wastewater treatment facilities. The ex
�.:,,:':' ,'►" act point or
� �c' ?;.'-`:° :- # =J.=':+. points of delivery of wastewater to the City shall be agreed upon
;.i: 1 :. ",�A's•K; ,- by the City engineer and the District engineer. The' Cit res-
°`' ently has or will obtain adequate wastewater treatment facilities
=''' s;u ;r= •:_::- x_ ":= with which to provide service to the District. Retail wastewater
f'rc s
collection service within the District shall berovided b 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-
Sent services for the District and the District shall not seek to
-•' i':Wiz..: '::'.�_{ .'• '• '`t` ;
develop its own sanitary treatment capacity or alternate source
• =.,-z ,.:%,.,,; �'°:-.�:: .'-:-.:-:�•�-.;..•;.:
,_� -'.;.:_* .'__ :._�_: •:.__ _,; ,c of services, except in the event that the City is no longer able
4• to provide wastewater treatment service as contemplated hereby.
°�^r- • '-:- .'-i;'' 5.02 The sale of wastewater
treatment
measured n services shall be
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 and
'. T• „ii„, grelated 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 calibratingl be
the meterin
}•:"` ;; nt
borne b the District if reuested more metering
than
shal once
every twelve (12) months. If any meter fails to register for any
- '.yK;..�yi -;-).f.f•--i-.�., ;.':'.".:,-:..�.; 3� period, the amount of water furnished during such period shall be
- -.: g
deemed to be the amount of water delivered during the hCorrespond-
.,,.- .,- •:._ ,;:,:,:•.;
r - ~ry} _ ...,'•' _ ,---•- Ing period immediately preceding such failure, subject to reason-
able adjustments for seasonal and climatic consideration, unless
~•• '
wra;?•. '' ` _- the City and the District otherwise agree. The metering equip-
Sent shall be read once each City billing cycle.
y�.Jy fi: L•'
`�.'+?.=z ;•.:::`f :.' "> 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
f w maintain tax rates and wastewater rates sufficient to pay the
• =z�,: 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
.>..,;•�•-.,+>::i :- ..._ -„ Paragraph 5.04 within seven (7) days of such action.
SECTION VI
Governmental Approvals
6.01 Plans and specifications of all District facilities
t shall be subject to approval bythe Ci
_ City of Round Rock.
7.
-'+ili:(7if�r•cW!�!t�r`•M"':4•.�)::`•'.L`�`�.�/, �•^:;i.i.
6.02 All street and drainage improvements will beubject
to approval by the City of Round Rock through its subdivision
approval process.
:;sem.:..- +:..?F�'•; ii:=. _ =`j.
6.03 All subdivision lata•A:' _. :,;. .,,..- _ •�:.:.- . P of the District aha2
-="'' =::.;.,.'- •.-: to approval by the City of Round Rock. 1 be subject
Land
SECTION VIj
Us_antra vee�
o
rnsent
1 �:syr.t.:�:+�ct,.��..�z�;:i•�?:;�=;='
l y = 7.01 L 6 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
;'-1:;•' :'"' = within the District by L Z N, whichever occurs first, the follow-
'3+',�Gb•-�'t'ii,<.r..4 t.�Kf�: .2 •.N i.i s' rY
ing restrictive covenants
_ w;;.:g`.yam.•: - placed of numbered (a) through (g) shall be
record in the Real Property
`x �s_;`=`...�%4=•w :•- Count Records of Williamson
y, Texas, in a form approved by the City Attorney of Round
f:.,�.-r'••- r.r�'r?ice•-''r-.. .• :>--%r;<`�=`
Rock
, which covenants and restrictions shall run with the proper-
r;: ty and be binding upon L i N, and its successors a a
„,•,> fS'� 'tlie-Y;x_�:...`. >_ t ssigns:�S'm :�.�.t` �A. .:i='u1`�iy :(-i•: Yi:. The•
ar
T s. P opertY 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
Section 10 Code of Ordinances,
Per 3,
«�!a' :rT.:: L _�i:ya:�r=�.'s• �': . Round
ccs, City of Rock, as amended
= - •• -:.�. from time to time.
s.rte «:4f:;:- .-ter ;�t�:•.-x :
b. The
_::- .. :' '• ••• ��_� property shall be developed and maintained in a
,.• ` ' "' manner which meets or exceeds the standards set out in the� Cit '
Stormwater Drain Y s
Drainage Policy, as codified in Chapter 3, Section 11,
•• - -:"-.: and Chapter 8, Code of Ordinances, City of Round Rock, as amended
;��-e =_T-:�:tea•.*=:_ ::-.:- > 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. Iaspection and approval of all
> :� - - ,•„�:%.��':;:;} construction by the City Building inspection Department for
compliance with this subsection (c) shall be required
=��::;. -_�:;i:'H• ��•:.:_•��, 1,y..�3 d The s -
ubdivision of the property shall require approval
of subdivision plats by the City Planning Commission as provided
'k?+' -•;` - = �`= by Art. 974a V.T.C.S., as amended, and Chapter 8 of the Code of
Z; Ordinances, City of Round Rock as amend
:r• ... �_ _ -- nances , ed from time to time.
�i,........'.” '''• " ',' e. Any use of any portion of the property for a use or
uses other than single family residential, duplex residential, or
oouauercial, 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
„ „ ;� s3.; at;�••q : i*s�} 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.
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.
.i •'! Ary. • .. r t.l.:, �'.':.. :
.t eitii-,•,':x.;4�iiY:;�.;j�.�-4Y_.x 'f• -.i�=:-;'• •
SECTION VIII
Miscel aneous
8.01 The City shall not be liable
customer of the District foi the to the District or any
failure of the City to provide
water or wastewater treatment service where the failure results
from Force majeure.
"a � �.fr, '•:{!4 -sra��.i_,....� =:a�.�:
11.02 This Agreement
shall be sub Agra and the acquisition of the Project,
_ rr �"' `' cC;c--:.c 4 subject to all valid es r
'' a li l regulations, and laws
• =x; ? y:__-_ '. _. _•: pp cable thereto, past or promulgated by the United States of
America, the State of Texas, or any State or Federal governmental
� �r;• -;., - Y v or regulatory bod having• q lawful jurisdiction.
8.03 This
Contract shall be for the sole a
,r- benefit of the City, LtN and the and exclusive
Construed to con District and shall not
nstrued firm any benefit or right upon any other parties.
part
8.04 This Agreement may be amended by consent of all the
parties.
8.05
The Provisions of this Contract are
= any word, phrase, clause, sentence severable, and if
='•~-= ' ':.'r " part of this paragraph, section or other
� ,: =.,,:.�,.,y;., ..;::;'•:~ :, -'< Agreement or the application thereof to a
�f.•.r. -_.t., ..r: .;r'r�!:r; *ii:.. 0Y Person
�•-,, or circumstance shall ever be held by any court of competent
r:,•'.• e..:-.r:.=i'. =.
jurisdiction y
j to be Invalid or unconstitutional for an reason
the remainder of this
r=' ='. = `' '•' invalid provision was n contained herein,shall construed as if such
,.r'7Y This Agreement shall be inforce and effect anti! the
District is annexed by the Cit
Y, at which time this Agreement
shall terminate, provided that in no event shall the terms of
u• :t.:•r..;-r:= ;:. ; 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 o f two t 2 ears
Of the District.
Upon Y • Pending creation and confirmation
=:•. ;; Po said creation and approval of this con-
tract by the Board of Directors of the District, it shall there-
y.. after be binding ng upon all parties in accordance with its to
8.08 The above fare rms
and going agreement, including the
M` are attached hereto and
:} �:•:_'` exhibits which made a part hereof,
contain the entire agreement between the parties hereto and shall
=°:y' ;':' :' :_.-•r••:_.':':Y^ ry;. in no way be conditioned, modified, or supplemented except by
written agreement exec
�i,►%t�.y;Ji`:- �� _ �.V'.•;:.L�:y sited 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. LiN, the District, or their
assigns will be responsible for reimbursing the City the costs of
such inspection.
':!:: •: •- '''"'k 8.10 All other fees required by the Cit of
Y 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 WHEREOC, the .City, and LiN acting under the
authority of their respective governing bodies, have caused
multiple copies of this Agreement to be duly execut d, each of
ph4ch to be of equal dignity, all ss of the day of
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-1??�•!."ki?e=`�5i::r•C�:..;.+.ail.• _-:::..Y.`�.. .<
EXHIBIT 'A'
distribution
'• = `r_ _ =;`�`, All of the water supply, transmission and
facilities necessary or appropriate to provide water supply
services to all territory located within the boundaries of
. 1 '* " . ... :n'.. :• 's" Williamson countyMnnici el
P Utility District no. 9, including
r.�• 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 h
.- ' _,_•, ,= ` Lichliter/Jameson s Associates, e. iJab No. 816-0000-21 s Y
1- The District's proportionate share of the costs of
a transmission approach main system, a multiparticipant
projectbrings a 36-inch waterline along F.M. 1431
from the City of Round Rock to the
a:L�'r�:?; :::•= ..i? :=•�•.,->-:,:' Western boundary
of-Y' the District. t ther with
and storage
may facilities as
• :�;,_�; �; ::r'� � _ _ y be required for such project=
T A water distribution
6�rS • ,y- •="'� ��'`�=; tribution network of lines sized
between 8-inches and 16-inches in diameter with stub
outs provided for future adjacent development;
<::,?i;ti.::%ral•� � _�;le� _..I.^:_sem:4. • - .
3. All other facilities and roosts which may be
required by the City of Round Rock, Williamson Count
'!1 " ` � : , - the State of Y.
'.•: ;_.: Texas or any governmental entity.
L•a^••.r�i�i`.yYJ,�ti'�i��•L�•Y•'V•:pyry�•.'�y'�^::^�
_: t:.NI':
'"' `•,..' All of the wastewater collectioA trans
_; ,!, :.: - -.r:•::..::=:.: :_.r:::_ _'= portation and treat-
?2 ment facilities necessary or appropriate to provide sanitary
sewer services to all territory located within the boundaries of
Williamson County Municipal Utility District Wo. 9" previously
filed with the City of Round Rock by Lichliter/Jame
ates (Job No. 046-0000-21).
•�+ i Asaoci-
:�"4c;�,Y;�'�;�;Y�:.�£�.y�';::=�' , Inc.
The District's proportionate share all
of costs of
_. -`•:� ':r �sz - �'`_' " ': a
... .,,,-: .._,=; :-..-r.-;.-• proposed basin intercept s stem which transport
the wastewater south from the boundaries of the Dis-
trictto Sam Bass Road and along Sam Bass road to the
Onion Creek Intercept Upon completion of
_ ushy
Creek Intercept Tunnel, the the intercept
4;. < t 1 Proposed basin intercept
g.f-",,.- - system would be connected to the Brushy Creek Intercept
Tunnel;
2. A wastewater collection
-''•,,-` *K.• ` 'l_ Sufficientlyfor peak da wet weather flow aof n
ailed
basis wher1 y an l.0 e.
l.u.e. produces 1.1 GPH. Collection
:Ty L `• for commercial sites will be designedto
accomodate 6.67 l.u.e-s per acre while each single
family dwelling is equal to 1 l.a.e.;
`=^"=:''':: :` -}`:' -�:=• 3. • All other facilities and costs which may be
: x' required by the City of Round Rock, Williamson County.
�• A �:':?? ;.�:r � the State of Texas or any governmental entity.
t-�.`- '_
',*YA• .Ii.ate � _ _ .J�•'•_:l
._.mss... ..... .. ... . .- . .....
::%:- 1i\x•�-`rk•'C;:jy 1.-.s��,�i.Gt":.4ri:'.-•_:}i .fi�.`'
IBIT NCO
y:�✓.1;^ ti.n�1 .�^ YAG. :,• _ .. ,
A Fire Station and Equipment
which will not exceed $400,040 the total capital cost of
o.. _;'`'": :-- ::a•.:-,:.,y which Rock in its ' to be built for use b
accordance terms of this Agreement, in
performance of the y the City of
:moi ,_-ss-•��; ��_:; :• :._-- •:_a;:, ._ ce with the following plan:
.:a-�1:jn,��-.itii'Myf•'�-%•�.^a+i'1'y ,ar.:.uv::+�tt.' +i-
Z f,.�:F•/ f `JtJr��..tidy...: -+...��
will sell to the
':y,��.�: � �: ,-: _ _ will dedicate
District and the District
- \ ..: : to to is t
15o' by 150' in the City, a site approximately
City.' the District acceptable
acce table to the
I"�«yid." �..?:!�•' �-_ _���.. �
< ":. ~:-.._ -::•_ 2. 7.iN On behalf
of the" y;"' -� _=•,,; balance of the total District, will pay the
fire station on a capital costs to construct a
may site selected by the City,
outside the boundaries which
h will
District,-r whic 12 provide adequatei service® Dis ,
;�--'hr= -5 District, at the City's time
to the
t table.
3• The City will man and
trucks. dip each fire station with
4• Each Fire Station must provide adequate
the District so that the residentOftthe District
.:-•- .-. receive fire insurance nates equal to the Cit
xa'`�? •Yt key rate, y s
�.�;,�1«a�•_�x -:c:�::s _,.r.:3 :.� 5• City will' cons v
;:r=�,s :-; i_-, • ' a fire station on the site
r• conveyed t: ��-- Yed in accordance with.fit,'_'' the District at later da subparagraph 1 within
of 851 of single family resin later than build-out Y ential.
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
water flow
. .r,:.4 ::.•` through or excess and storm
• _ �' boundaries of Williamson upon all territory located within the
County Municripal 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 s Associates
, Inc. (Job No. 846-0000-21).
The Internal Drains e S
g System will consist of curbs
and gutters with and reinforced concrete pipe
sewer systems ranging in size from 18 storm
inches to 60
- +•. . inches in diameter and will outlet directly into the
.. 2S-yeareeareas. The system will be designed to carry the
frequency storm with provision to convey the
100-year frequency storm,
- - 2. Channel improvements will be conducted
western on the
tributary of tion
transmission of the stormwat rBedA Creek
tem o improve
ponds
Honey Bear Creek will be upgraded. in
3. Improvements to be culverts under FM1432 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: September 16, 2005
SUBJECT: City Council Meeting - September 22, 2005
ITEM: 14.F.1. Consider a resolution authorizing the Mayor to execute an Agreement
with Williamson County Municipal Utility District No. 9 and RG Tate &
Associates, Inc. for the purchase of three additional living unit
equivalents of water and wastewater service.
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Utilities Director
Justification:
The District purchased 1,400 LUE's of water and wastewater service from the City in 1987. A
Developer is seeking to develop certain property within the District that currently retains two LUE's
at this time. However, because of the proposed development, the tract will require 5 LUE's of water
and wastewater service. Of the original 1400 LUE's, the District has determined that it has no
additional LUE's to sell or convey. The Developer desires to obtain water and wastewater service for
the Property from the District, but the District will need to obtain the three additional LUE's from the
City.
The City has determined that sufficient water and wastewater capacity exists within the City's
system to provide the three additional LUE's of service to the District's system.
Fundina•
Cost: N/A
Source of funds: N/A
Outside Resources: Gray Jansing &Associates (MUD Engineer)
Background Information:
The District purchased 1,400 LUE's of water and wastewater service from the City pursuant to that
certain Water and Wastewater Agreement dated January 22, 1987. The District will pay the City
Impact Fees of $16,806 (per City's W/WW Impact Fee of $5,602/LUE) for the LUE's.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
. w ,
AGREEMENT BETWEEN WILLIAMSON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 9, THE CITY OF ROUND ROCK AND
RG TATE & ASSOCIATES,INC FOR THREE (3) ADDITIONAL WATER AND
WASTEWATER LUEs
THIS AGREEMENT is entered into as of the day of MA06�.2005,by and
among WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 9, Williamson
County, Texas, a body politic and corporate and a governmental agency of the State of Texas,
organized pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution and
Chapters 49 and 54 of the Texas Water Code(hereinafter called the "District"), the CITY OF
ROUND ROCK,TEXAS, a municipal corporation organized pursuant to the laws of Texas
(hereinafter call the"City"), and RG TATE & ASSOCIATES,INC. (hereinafter called the
"Developer").
RECITALS
A. The District has the right to receive at least 1400 LUEs of water and wastewater
service from the City pursuant to that certain "Water and Wastewater Agreement dated January
22, 1987 attached as EXHIBIT "B". The District has determined that it has no additional LUEs
to sell or convey.
B. The Developer is seeking to develop certain property within the District that
retains two (2) LUEs at this time. That property is more fully described on EXHIBIT "A"
attached hereto and made a part hereof for all purposes (the "Property"). The Developer desires
to obtain water and wastewater service for the Property from the District and to obtain an
additional three (3) Living Unit Equivalent's (hereinafter"LUEs") from the City.
C. The City desires to provide three (3) additional LUEs to the Developer for the
Property.
D. The District has determined that sufficient water and wastewater capacity exists
within the District's system to provide water and wastewater service through the District's water
and wastewater collection system to the Property, and that the revenues from the Developer for
this water and wastewater service would be of benefit to the District.
E. It is anticipated that Developer, on behalf of the District, will contract with the City
for three (3) LUEs of water and wastewater service.
AGREEMENT
For and in consideration of the mutual promises, covenants, obligations and benefits of
this Agreement,the District, the City and the Developer contract and agree as follows:
Section 1. District Water and Wastewater Service.
a. Purchase of LUEs. The Developer, on behalf of the District, shall pay the City
the sum of$ 16,806.00. This payment shall be full and final payment sufficient to require water
and wastewater service for three (3) additional LUEs.
C2� 05- Del-22 - 14 F1
b. Use of Capacity. The District shall allow such water and wastewater to pass
into the District's water and wastewater distribution system as is necessary to provide capacity
for the Property.
C. District's Administrative Engineering and Legal Expenses. Simultaneous with
the execution of this Agreement by the District, the Developer shall pay the following sums for
legal, engineering and administrative costs related to this agreement:
Administrative expenses: Williamson County MUD No. 9 $1,663.75
Engineering expenses: Gray, Jansing &Associates $2,000.00
Legal expenses: Leonard Frost Levin Van Court&Marsh $1,591.70
Total: $5,255.45
Section 2. Access Easement Road. Developer agrees to pay all costs for removing
and creating a new access easement road to the property subject to review and approval of the
District Engineer.
Section 3. Default by Either Party. In the event of default by any party, another
party may give to the defaulting party written notice of such default specifying the failure or
default relied upon. If the defaulting party fails to fully cure the default specified in such notice
within thirty days after receipt of such notice, the other party shall have the right to terminate this
Agreement as of the date of the event of the default, and to thereafter pursue all other legal or
equitable remedies. The nondefaulting party may employ attorneys to pursue its legal rights and
if it prevails before any court or agency of competent jurisdiction, the defaulting party shall be
obligated to pay all expenses incurred by the nondefaulting party, including reasonable
attorneys' fees.
Section 4. Severability. The provisions of this Agreement are severable, and if any
provision or 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 and the application of such provision or part of this
Agreement to other persons or circumstances shall not be affected thereby.
Section 5. Modification. This Agreement shall be subject to change or modification
only with the mutual written consent of all parties.
Section 6. Assignability. The Developer may assign this Agreement to any owner of
the Property. Otherwise this Agreement shall not be assignable by the Developer without the
prior written consent of the Board of Directors of the District, which consent shall not be
unreasonably withheld.
Section 7. Applicable Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Texas.
Section 8. Parties at Interest. This Agreement shall be for the sole and exclusive
benefit of the parties hereto and shall never be construed to confer any benefit to any third party.
Section 9. Waiver. Each party may specifically, but only in writing, waive any
breach of this Agreement by the other party, but no such waiver shall be deemed to constitute a
waiver of similar or other breaches by such other party.
Section 10. Notices. All notices to the District shall be in writing and mailed by
Certified Mail, Return Receipt Requested, addressed to:
Williamson County Municipal Utility District No. 9
c/o Geronimo M. Rodriguez Jr.
Leonard Frost Levin Van Court&Marsh,P.C.
816 Congress Ave., Suite 1280
Austin, Texas 78701
All notices to the Developer shall be in writing and mailed by Certified Mail, Return Receipt
Requested, addressed to:
RG Tate &Associates, Inc.
c/o Jacque Hayes-Tate
1107 West 45th Street
Austin, Texas 78756
All notices to the City shall be in writing and mailed by Certified Mail, Return Receipt
Requested, addressed to:
Director of Utilities
City of Round Rock, Texas
2008 Enterprise Dr.
Round Rock, Texas 78664
Any party may change its address by giving written notice of such change to the other parties.
Section 11. Term. This Agreement shall be in force and effect from the Effective
Date from the date of execution of this Agreement by all parties terminating coincident with the
term of that certain Water & Wastewater Agreement dated January 22, 1987 attached as
EXHIBIT "B".
Section 12. Effective Date. This Agreement shall become effective on the date
that the District and the City grant the Developer's request for an additional three (3) LUES of
water and wastewater service by signing this Agreement.
Section 13. Multiple Originals. This Agreement shall be executed in a number of
counterparts, each of which shall for all purposes, be deemed to be an original, and all such
counterparts shall together constitute and be one and the same instrument.
IN WITNESS WHEREOF, RG Tate & Associates, Inc., has caused its corporate name to
be hereunto subscribed by its officers, thereunto duly authorized; the President of the District has
executed, and the Secretary of the District has attested this instrument, on behalf of said District
pursuant to an Order passed and approved by the Board of Directors of said District; and the
Mayor of the City has executed, and the Secretary of the City Council has attested this
instrument, on behalf of said City pursuant to a Resolution passed and approved by the City
Council of said City.
EXECUTED AND EFFECTIVE as of 12005.
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 9
By:
Rainer Ficken,President, Board of Directors
ATTEST:
Secretary, Board of Directors
CITY OF ROUND ROCK,TE
By:
ax , Mayor
ATTEST:
N h I L' t���- 0
City Secretary
RG TATE & ASSOCIATES,INC.
By:
Jacque Hayes-Tate, Principal
\\Gr-laptop\my documents\Will 9\3 LUE Agreement WCMUD 9 City Tale 3.doc
IN WITNESS WHEREOF, RG Tate & Associates, Inc., has caused its corporate name to
be hereunto subscribed by its officers,thereunto duly authorized; the President of the District has
executed, and the Secretary of the District has attested this instrument, on behalf of said District
pursuant to an Order passed and approved by the Board of Directors of said District; and the
Mayor of the City has executed, and the Secretary of the City Council has attested this
instrument, on behalf of said City pursuant to a Resolution passed and approved by the City
Council of said City.
EXECUTED AND EFFECTIVE as of ,2005.
WILLIAMSON COLWVY MUNICIPAL
UTILITY DISTRI 0.9
By.
er Ficken,President,Board of Directors
ATTZil
Secrevpoard of Directors
CITY OF ROUND ROCK,TEXAS
By:
Nyle Maxwell,Mayor
ATTEST:
City Secretary
RG
By:
J e ye -
\\Gr-1WWP\my documents\Will 9\3 LUE Aveement WCMUD 9 City Tate 3.doc
EXHIBIT
"An
1, THE UNDERSIGNED, HAVE THIS DAY, MADE A CAREFUL AND ACCURATE SURVEY OF THE PROPERTY CURVE RADIUS LENGTH CHORD BEARING
LOCATED AT: 0 ROYAL VISTA BOULEVARD,ROUND ROCK. TEXAS. DESCRIBED AS FOLLOWS: LOT 1,
BLOCK 7A, FINAL PLAT VISTA OAKS SECTION 7A k 7B, ACCORDING TO MAP OR PLAT THEREOF C-1 11359.16' 69.46' 69.46' S 71'10'56" W
RECORDED IN CABINET Y, SLIDE 253, OF THE PLAT RECORDS OF WIWAMSON COUNTY, TEXAS. C-2 25.00' 39.41' 35.45' N 63'32'45"W
C-3 390.00' 170.46' 169.11' N 05'41'34"W
REFERENCE: GF N0, TX02-101988-AU60 C-4 430.00' 39.22' 39.21' S 04'11'18" W
BUYER: RONALD TATE
SELLER: VISTA DEVELOPMENT ASSOCIATES, L.P., A TEXAS LIMITED PARTNERSHIP
LENDER: N/A
TITLE CO.: FIRST AMERICAN TI7U COMPANY VISTA OAKS SEC. 3A PLAT NORTjo UNDERWRITER: FIRST AMERICAN TITLE INSURANCE COMPANY )Nom 'k ! I CAB. L, SL. 76
SCALE 1"=5
1 NALc EXIIIINFD m FfE A.'S Flom akRt.1EE RAIL MAP FOR 1 1 BLOCK E i"MANSION COUNYY.TOLLS ITTECIRE FLAIL tho:-l71 AM MAT
MAP INDICAT®RUT THR PRaFwx IS PARTAUY•1WTMRI IBM AE / 1 4
BEW"M D 70 BE INSIDE A DESIGNATED 100 V'R FLOOD PLAN /
MEA)AS SM"ON PANEL NA RS D OF SAID MAP. 1/2'REBAR FOUND
M'ARIANO!IF TNS AYE IS NOT Mi10M ZONE AS(AN IN CONC.SIDEWALK X 41
DENIM TDD-WAR FLOOD PLMN AREA).1103 FLOOD p N 70'53'34" E /
STATEMENI DOES NOT IMPLY WAT THE PROPERTY AND/OR THE - I 18.81'
SF%W RES INERmN WAIL BE FRft FROM FLOOINMB OR Euro CONC. , /
SILL OCCUR A D nOOOOD HEIGHTS SMMy BE DV B"CASED BOODS CAN Y X60' WALK / N 71'58'53" E 215.55' 10.6' / 5
MN1-MM[OR NANRAL CAUSES.INS FLOOD STATEMENT R O JL
SPILL NOi CRGE UApUTT BN 710E PARI OF TIE SUR%-DR.
GAS LINE I SWB BOX ON
MAP SYMBOLS: WARNING SIGN 7F CONC.PAD
hAot BRASS DISK Q UI EXPOSED PORTION OF
A.O.W.MON.FOUND INLET 1/2'REBAR BOX CULVERT DRAIN
P.U.E. PUBIC LK
—E—UTUTY UTI TY EASEMENT ��
B.L. BUILDING LINE CONG / N
• 1/2'REBAR FOUND
0 1/Y REBAR SET WALK / a AOry 11 100yr W.S.E.L.
CAPPED"GRANT 1919' Q, USING F.E.M.A.
CM RCONTROL RON EMOFNUM NT O _ '�
D.E. DRAINAGE 8 STORM
SEWER EASEMENT F 1/2"REBAR FOUND IN
R.O.W. RIGHT-OF-WAY CONIC.SLAB FOR MAILBOXES i
F
I EXISTING POSTAL SERVICE I
STREETNEIGHBORHOOD BOX UNIT
UGNT ELEC.
I BOX
iR
CABLE, LOT 1 ;
CURB ' rl
r
SEC. 7A N
7 N
Nj
/ Q In
In
P: 8
2.605 AC. En Vo
f i Oo
W N
j AREA SUMMARY Q�z
IRRIGATION
CONTROL VALVE LOT SIZE = 2.605 ACRES
10' P.U.E. _ — 0.161 ACRES In
mi LIFT STATION — — 0.091 ACRES S
REMAINDER = 2.353 ACRES
STREET-1
T 3
I
I
SPEED N I
I LIMIT EO (APPROX.55'%72')
J r l SANT.SEWER UFT STATION
CURBZ i EASEMENT V.1797 PO-306
i ASPHALT ---- -----
APPROACH II DRHALT IVEWAY PARKING AREA DOIRRIGATION
W
1 CONTROL VALVE 1 DASPHALT RIVEWAY I � n
(100' R.O.W.) i I I DO n
S 71'46'12" W --J
ply` FIRE HYDRANT /
100.17 ---------------- ------------
C S 71'01'47" W 177.46'
UTILITIES IN THIS AREA SANITARY SEWER
` ARE COVER Ep BY BUSHES MANHOLE
CURB
EDGE OF EDGE OF
ASPHALT
ROCK k CONIC. ASPHALT
DRAIN FOR CULVERT
F.M. 1431 (ZOOI R.O.W.) NOTES:FOR RESTRICTIONS SEE: CAB. Y.SLD. 253(PLAT
THE UNDERSIGNED DOES HEREBY CERTIFY TO THE ABOVE REFERENCED PARTIES, THAT THIS PPG.178 RECORDS),
RECORDS'EED RECORDS),&V.1343
SURVEY WAS THIS DAY MADE BY ME OR UNDER MY SUPERVISION ON THE GROUND OF THE 2.)THERE IS NO VISIBLE EVIDENCE OF THE
PROPERTY DESCRIBED HEREON AND IS ACCURATE, AND THAT THERE ARE NO VISIBLE FLOODWATER RETARDING STRUCTURE,DESCRIBED IN
DISCREPANCIES, CONFLICTS, OVERLAPPING OF IMPROVEMENTS, VISIBLE UTILITY EASEMENTS V.430 PG.850,AFFECTING THIS LOT.
OR ROADWAYS, EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO 3.)THE PUBLIC UTILITY EASEMENT DESCRIBED IN
AND FROM A DEDICATED ROADWAY, EXCEPT AS SHOWN HEREON. THIS PLAT IS NOT VAUD V.1797 PG.313,DOES NOT AFFECT THIS LOT.
UNLESS ACCOMPANIED BY AN ORIGINAL SEAL 4.)SEE FEMA MAP/225 D.DATED 11-2-95.FEMA
,((F. OF jF LO.M.R.DATED 10-19-94, AND THE SUBDIVISION PLAT
HARRIS-GRANT SURVEYING, INC. Tt.,: ,5*4•.:-f• OF THIS LOT FOR A MORE DEFINITE DESCRIPTION OF
1406 NETHER 57, AUSTIN, TEXAS 78704 �+ c �P tT THE 100 YEAR FLOOD PLAIN.
"512)444=6123-• ... ..._.... ../ c "; 5.)BUILDING SETBACKS STROLL CONFORM TO THE
•,• ••"••• '- �. CURRENT LITY'OF ROUND-ROCK 20NINC bRDINANCE-AS- .
\ _ JAMES M.GRANT STATED ON THE SUBDIVISION PLAT
1979 q.Q�
?o`
MAY 6, 20D4 �tiETt�o?'j0
JAM M. CR T .P. .S. l9/9 SUR�� C:\JASON\05-04\40112
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 1, Block 7A, FINAL PLAT VISTA OAKS SECTIONS 7A&7B, according to map or plat
thereof recorded in Cabinet Y,Slide 253,of the Plat Records of Williamson County,Texas.
•"'4., iR��i?Ty',+,��K'`'ti v.:'�'.a)3 t .f,.ti•'',' .� a -
-�tt ice,i,.•'�'i.'0,+•�'Y -.='°!*�SS:Vie.+i�sw,-�X - .. •
'00-
V•lr..
:x�Y' 'S� jg ^•r:;-c �,: .':'' ars'
WATER AND W
ASTEWATER AGREEMENT
,,y. ,:'� ='t. .-••:.,;_.ri'_. STATE OF TEXAS
AA
'•iS+n s F, ;+T`;�i%;�`:...: S KNOW ALL MEN 8Y THESE PRESENTS:
,,• } y;: �•:,;rsl's��i�//}:=:e.':.:':.., .. . �COUNTY OF WILLIAMSON
` This Agreement is made and entered into as of the
- • date last
,= ten by between the OF ROCK TEXAS
d:f 1 f
:_y-;:,;.�,,:•-y, herein writ and a CITY ROUND
�ecw�it�_i;_ Y w Mity"), a home rule city located in Williamson
County,� Texas;
�. ,•:p r ,z LiN LAND CORP., a Texas corporation ('LaN"); WILLIAMSON COUNTY
MUNICIPAL DTILITY DISTRICT NO.
9 (•District") , a conservation and
`' ' ' =' - "•' -- reclamation district created
to be pursuant to Article XVI,
= + :=.:Yi_ �::• ..:; 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
:_�ti�.' '• °'-` `_', ;r - =z
distribution system serving territory within the City's
extraterritorial jurisdiction as well as within the boundaries of
the City;
and
WHEREAS y po
, the Cit owns wastewater treatment and dis sal
facilities serving territory g within the City's extraterritorial
jurisdiction as well as within the boundaries of the City; and
"•.n�'a'u9i'2:-.:r'i;c}•'.-a:e:F._,;,,r+::sc:i';-`.=:;-.:.a::-x.,_
•:'.� ;lt:_:;'•;.:.. �:,. WHEREAS, provision of garbage collection and fire protection
to the residents of the District can.: be best accomplished by
�'"L'y'' "''t'"`" a :••-:'i �`• agreement between the parties; and
Y.:1 WHEREAS, L&N
is the owner of a majority in value of the land
7�Lfvl 's:t,-.,�.-,;�' .�``.= ; ::.:`.•, the
s, +;,�.�•i; ;_ _ '-r� Jz comprising 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
..f:;<-•-'-'•S:�-:,:•- ,..:. .•.,•::. ... provide
.....,::. --, a dependable supply of potable water and environmentally sound
1• :: �::: wastewater treatment services for a residents of the District;
more economically than constructinindependent water supply and
wastewater treatment facilities; and and
• ,.ter"y�: 3^;__ :;-,,;y_ —;;;;.�
;,y •: Y«': :3:`»z::;1: "r :,
Di WHEREAS the
�._,:=•:;rte; - , strict will be authorized by Chapter 54 of
-•=::;?:_. •-. =w' < '_ ;':'.; 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 su
rt of the Cit , be
1:,-is; r.';.;':.•_': -. granted fire prevention powers which will permit its construction
of a fire station; and
' 'i'V140 ww' 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
, •.:-:r: .a :: ..'•:,` - is appropriate to
provide the services set forth in this Agreement within said area
y;:;:,::;:•;k<:�: in order to protect the health and welfare of present and future
residents of the District and portions
thereto; of the City in proximity
NOW, THEREFORE, for and in consideration of the premises and
the mutual obligations and benefits herein contained, the parties
hereby agree as follows:
rj SECTION I
Definitions
1.01 The terms and expressions used in this Agreement,
unless the context clearly indicates otherwise, shall have
meanings as follows:
V
. y • .
01
='J�',._F ,?k.,ji 71:.yh.:.- M5="°''mss,•'.=:•-rte'._.>T;.'.;; -•!�`•aw4 ... •�
AW
A��`fz••-nisi_.�..Y•"'C`.�.Y.irrx?: -..•- .� "
p� 4-1 •Project" means the water mains, elevated storage tank,
appurtenances, and other facfiities sore
Exhibit "A", which is attached hereto and made al part herieof for
'; - .' :. all purposes the
_�;•,•.;' _ , wastewater lines, force gains 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
:. .�,t,�s,� facilities, fire station and the other expenditures set forth in
=' '- Exhibit "C", which is at and part
: ; , .c _i= ,.:'`:7:* tib,;T all e!t attached hereto made a hereof for
r- :.=' , purposes. 'Project Costs" includes all construction or
acquisition costs, lease costs, capitalized or accrued interest,
easement acquisition expenses, insurance premiums, studies,
, licenses and other incident
:•�;*-.'sr+; '•�a;•t�;�����u;: _ --• �, permits costs or attributable to the
Project.
_
`�'•.::. �-;.,_„ '- . s= b. •Central Water and Sewer •
: ±�; :-:-Y:=;.'�'M - :; •- '` amounts charged by Cit to a for Facility Charges means the
��-::-::; .” `�'�•` Y pay portion of the capital
costs of the City's central water supply and water treatment and
€%-- •: �`+'- = -'^'^ ' = wastewater central treatment and disposal
posal system necesary to
provide fresh water supply and wastewater collection, treatment,
and disposal services to the District. These charges are herein
sometimes referred to
an base water service and base sewer
`,._:-:?_`' +'` •-' service fees.
-?_;,:�7� c;:s=�2='�•-:.:;;:sem= ==::_:..`_';:=•:
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
Z_07. -}?= .::Qf 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
t"' = 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 military or mtary authorit Y 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,
' - •:- .:t;:..:,;,::.�:::•: ,..':•;-:�:;,�;;:� civil disturbances explosions, breakage
or accidents to machine-
i;�; rN, ':-� ++•.'a,; 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:
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
4 :u= ., ;-,. :�,_:.'•:.; ..,,;.; the following development types, the LUES of service shall be as
follows:
TYPE OF COMMERCIAL UNIT NUMBER OF LU£s
Office i LUE/3000 Sq.Ft. of Floor Space
T Office Warehouse i LUE/4000 Sq.Ft. of Floor Space
Retail; Shopping Center 1 LUE/1660 Sq.Ft. of Floor Space
ital
,;��... t���� :•: :. -;. �.:.,_.. �;. 8osp (Includ
es Cafeteria) 3 LDE/Bed
:4�.:':_'4Y :a:- -; ;,,;2-.:••` Rest Home (includes Cafeteria):�_�.:. .l•�;:�'.;ri-:-:??; r.'-. �;.�:i;;.. a) 1 LUE/bed
(iii) For commercial uses which do not distinct!
any of the preceding development types,
Y comply with
:•-. .. ' P� yPe . the number of LUES of
service shall be determined pursuant to certified engineers' data
furnished to an
d approved by the City
P'Y.'�.trj�};•,e;�w; •:c:i`,:=-y-7'.: :;� ::J.;;= ti"'t - UV) For facilities owned and operated by Public Schools,
.'� ,• .. =e c«^ < + >* F wY g public,Counties, Fire Departments serving the
and Churches, the
'�_:.•,:Y,• ,., .,,,.:.., -.-. number of LUES shall be determined in accordance with the
following formula:
:r. 'µ a y ti <-:x:..::' i ! -%'•;.� ' Building Area x 6 z
. ' �= '•�� Land Area in Acres LUEs
Land Area
h. 'Ordinances" means ordinances. of
as the the City of Round Rock
y may, from time to time be amended.
SECTION II
2.01 Subject to the terms and conditions of this Agreement,
LAN 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
; •�w. s; ;�,`. -�;c.r Creation of Williamson County Municipal UtilityDistrict No. 9
r_•-= }�..: 1 ==-.d -'`=�= with authority to finance the Project. Thipayment shall
i �'►�"' �"�'4 _ �`- consist of. fall and final
:a•.�s.. 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
f!'4• ;_ - sewer services for 1400 !juin unit
g equivalents. The District
shall have authority to issue bonds to reimburse LAN 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, I.AN 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 LAN for Pro'
Sect 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
..-.-,.,r---•.y:ate.a..: ..�..w
`
Round Rock. The current monthly rate is $9.00 per metered unit
or, in the case•. .Y `''r`,:.•-.�_;`.
-�- 'fin:'� �±+�s+M-.r..;,: ;-:` •:�--••'. of multi-family units, 19.00 per l.u.e.
2.03 Subject to the terms and conditions of this Agreement,
LAN shall provide to the District a letter of credit from Lomas A
Nettleton Financial Corporation which shall enhance the credit of
='' -•.s':. '.�•:'_- 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 16.00 per
metered unit or, in the case of multi-family units
l.u.e. 66.00 per
SECTION III
Project Acqu sition
3.01 Subject to the limitations set forth herein, the
District will finance and acquire the Project. The Consulting
- Engineers for the Project shaii be Lich 11 ter/Jameson A
. - � •b:;.s�s=;�;.v,,,baa
Associates, Inc. The District shall pay all actual costs of
i
acquring its share of the Project through the
-,�:�.,_�.,:���.�.'•.c..:_,;•:- :« .;;..;w 4 issuance of Bonds
to provide the money for such payment, all in the manner
'"- hereinafter described. The District agrees to
"•K a�-=;4'�:��.,:�.: .. __, ,::y _ ;:: � proceed promptly
+' to obtain the necessary approvals to issue the Bonds and acquire
the Project. Upon obtaining said approvals, the District will
- '�; Ly'."•. + a proceed promptly to issue and sell the Bonds and thereafter to
purchase and/or construct the Project as soon as practicable, but
'i ^: !' - s? ,`•� shall not be liable for an d
� ���•� ^'°�`t������.-'�+ on of y damages occasioned by delays in
,, ..'�i� i. �k?: =•r�-
completion 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
-
:<Yr?_ with the Project and the Bonds, including, without limitation,
all engineering, financing, legal, printing, easement acquisition
and other expenses incurred in
sale, and deliveryof the erection with the issuance,
sufficient
Bonds. Such Bonds will be issued in an
amounts cient to cover the costs of the Project
j and all the
_;a-;:: aforesaid expenses and to provide for the payment of capitalized
interest on the Bonds for a period not to exceed two (2) years.
:: r' +`:4,�. "'� > `•s= " •-: A substantial draft of each Bond Resolution of the District,
+r,� -,_;. _ •,: ,.-;=' 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
" ?;` ''•''"}".'''3G`= "" _ - _ 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 shall s anall be awarded by competitive bidding as
directed by the State. In addition, each such contract must be
d i
bsumtteto 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, ata depository of the District. The District shall draw
on and use such Construction Fund Leo 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. y
q g nears. An Bond Proceeds remaining in the Con-
*, :,:::-;.��:•• t ,._.,: - 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 uacceptance
4i S3z� " ;�s�..? j pen
Vr '10
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 c
onditioned 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. Bale of Bonds in an amount sufficient icient to pay all
Project Costs and the expenses of issuing the Bonds; and
C. The Districts ability, or
<fy:. :- '.,;"::a'•-`y,-_': ' y. the ability of its
-i�:--•;:- ..: contractors equipment
to obtain all material, 'labor, and neces-
:r;;.�.; _ Bary for the Project.
�.•.._, -roc' _.
3.07 By these
��--,- .ti--•,�- _ _�<._ •,1 presents, the City authorizes use by the
District of any and all real property, streets
:.._atlm j �'s�_: ?i> : '. =.'' ., , alleys, public
��:.> y.i-.:: �; .ways and places, and general utility easements of the City for
• ` ' = acquisition and construction of the Project, so long as such use
strict not interfere by the Di does
r with any lawful use by the
��Su�`'"r.•;.-y'�`;^_ ,;:' :s= _ Y :% 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
` ` N f'_•:'' °.Y: - __ 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 sugh Force Majeure, shall be
en iig
:.-,_..; suspended ded during the continuance of tinability then claimed,
d except as hereinafter provided; but for no longer period, and any
such party shall endeavor to remove or overcome such inability
_�•: ,-; �,:;�,-z` - s, ;_. `��� with all reasonable dispatch. The settlement
lockouts affecting this Agreement shall of strikes and
_:-;:'_';��:'• 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. t
• 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
r.'+- 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 coat.. The
- District shall promote compliance with the City's water conserve-
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.
ry 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
gi
'r::
increased
i•:_ from year to year until the fifth year of service a
r�' ,,;T: ;. , •:: . follows: s
First year of service 1.65
Second year of service 1.70
Third year of service 1.80
Fourth year of service 1.90
Fifth year of service
and thereafter 2.00
The •
� ,`^Ly"• _ j.1Y;_�n� -M;:j� <<;x years of service" shall be twelve {121 month increments
-'�, �,r ,�r- f; =• "- ^� 'a service rather than calends y of
: ''.:�..- ��' �.•_:x,.r�.,*=.- -.: r ears.
It is understood Cit
that the y 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 anthe in-cit rates a
;� �;•;z:a, ' td
•---r�._ Y ra s set forth above.
:'`��{ pKf y, r '"•t - - '.y <'` 4.03 Metering related facilities, a
''' ''��•~" -�~`-`-� '' - house or pit, and standard-type
ted facilit meter
ype devices required for properly
measuring the quantity of water delivered to the District, shal
:be installed at each point of delivery of water to the District
S'.`'`' `• 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. -Phe 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 the
ed more frequently than once eve byDistrict if request-
ed twelve (12) months. Any meter
registering not more than three percent (3t) above or below the
test result shall be deemed to be accurate. If any meter fails
to register for an
`= y 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 b the Cit
"• y.- this Agreement at rates and in amounts equal to ory pursuant to
that hereinafter set forth. q greater than
:; v.=;:+ •., 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.
.1M1•x ��'{jt:�'.'�`7�Y Mi�,.�•YtYM�1 a.S�. i-.
SECTION V
�%'� .�;:,:-cc; <;+•; =,-' ` `, Wastewater Collection Treatment Services
5.01 The City shall collect and transport wastewater
c.'V •-F'�:': Y?{a''�'._``:
;.- <,...-.. generated by 1400 living unit equivalents from the boundaries of
w ,a.'T'=. the District, throe
gh the system described in Exhibit 09-, to the
City's wastewater treatment facilities. The exact point or
?fi4.:.;*.~a�- •"' t�'.-:_= points of delivery of wastewater to the City shall be agreed upon
by the City engineer and the District engineer. The City pres-
s, k,
A, ently has or will obtain adequate wastewater treatment facilities
+ter•:= with which to provide service to the District. Retail wastewater
-�=~ -•-.'•"`-`=s `'= y== collection service within the District shall be provided by the
District to individual customers. The District shall adopt an
,; ._1,._..,- •;;_ }Al }f 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
''• 3?..` _ 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
' =`=-sem_'+'= r -" : .•� t 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.
t- > 5.03 Metering equipment and related facilities, a meter
`' - f`z house or pit, and standard-typedevices
required quired for properly
, �;•;;,:,___;; L^,i;,: :.r_,. 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 X12) months. If any meter fails to register for any
t_� .•1�-_,'.�• �,' period, the amount of water furnished during such period shall be
{ deemed to be the amount of water delivered duringthe correspond-
ing
';.•� �:..,'��_...--.�,,,._^ -.:--••.•._�...:_._.. :: period immediately preceding such failure, subject to reason-
able adjustments for seasonal and climatic consideration, un less
the City and the District otherwise agree. The metering equip-
sent 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:
-�9T�:.'+?• �-��¢-�'ac`�t.S%'z-::::tom=!
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
Y..., :•�'��'�-:, Paragraph 5.04 within seven (7) days of such action.
SECTION VI
-:. . Covernmental Approvals
6.01 Plans and a
pecifications of all District facilities
.,;_ shall be subject to approval by the City of Round Rock.
6.02 All street and drainage improvements will be sub
,.: ject
�' ^`:` a:-•• to approval by the City of Round through its subdivision
ve t':.s_•.�!�'•+s�',';:�'.:;.:::.;s..,r,a Rock
approval process.
subdivision 6.03 All
i n plats of the District shall be subject
to approval by the City of Round Rock.
.:r. +±yZ_e.. SECTION VII
rW - Land Use and Development
7.01 L i 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 wtn the District by L i , whichever
-•3; ;•;,:`; _ < ' �� ,=>_: ,� �' «�... - N occurs first the follow-
ing restrictive covenants numbered
-;r-: ''.: ==r- - r=i•3 . (a) through (9). shall be
- ' • ;,, ;r: ,•i:_-;':;;'.;-� = placed of record in the Real Property
Records of Williamson
x :�: ,•,: •�; County, Texas, in a form approved by the City Attorney of Round
> -j: _:::;:;:}�ti:_::.,:-1 ,'•=::_; Rock, which covenants and restrictions shall run with the proper-
:'::;, .. : z:`;� ;..;r`�;:�=•_ ty and be binding upon L i N, and its successors and assigns:
;V.. :"n. � � ;;;, 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,
Kr V.- Section 10, Code ofCit Round R
from time to time. Ordinances, y of ock, as amended
Z.
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 floodplain, 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.
_4 d. The subdivision of the property shall require approval
of subdivision plats by the City Planning Commission as provided
a:<. _ - = :`• 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.
Yy - 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 Hoard in accordance with the site plan
review procedures and the development standards prescribed by
Chapter 11, Code of Ordinances, City or Round Rock. Such portion
of the property requiring site plan approval shall be developed
. - :a •:r—' -�, and maintained in a manner consistent with the
plan. approved site
•`: .. ,r.
_ .. 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.
1 w i ..'�••��.:~.;--..-t..WYE'..{�.
. .,,.,ti;l .....,t•:.. ._. "3�:-. ::i..,. SECTIdN VIII
Miscel aneous
'�F�F.'i�ti=Ci•�.t. �i j�i '..i.s�v
The City shall not be liable to the Di
=•�F`=3 K -'-^'^'� '''` = _'.` ict
customer of the District for the failuze of the City or any
rovide
water or wastewater treatment service where the failure results
from Force Majeure.
:.,��
i- 4.. ':>�>s,; - y'!<;-: 8 02 This Agreement and the the
`"saa�a shall be subject to all valid rules, regulations, and ition of Proflaws
applicable thereto, past or promulgated by the United States of
,x >.;:�_ :::- :' £:•. America, the State of Texas, or any State or Federal governmental
- - or regulatory body having lawful j
- J t urisdiction.
8.03 This Contra
;tis ;_� - :•`;Y_< ct shall be for the sole and exclusive
- , benefit City, LiN, the District
confirm any benefit r and shall not
construed to Y of t o right be
g t upon any other parties.
8.04 This Agreement may be amend
parties. Y ed by consent of all the
8.05 The provisions of this Contract are severable, and if
"=•'?•:• Y word, Phrase, clause, sentence, paragraph, section or other
i�.••-y,.,,i::: - part of this Agreement or the application thereof to a
_.•: ;.
rson
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.
,.•,f. •- _ -:. - : _ +�md' 8.06 This Agreement shall be in force and effect until the
+^3r:.�a;__�: -,;. ::•. _ _, ;, District is annexed the
;e�`:'`:�`.^}',.%;�.: -•, shall terminate, provided City, at which time this Agreement
d r;, :,� _r ;R:, :;•: inate prov at in no event she
` - this Contract exceed forty (40) years. 11 the terms of
8.07 This Agreement may be executed b
y 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 Can-
'}' tract by the Board of Directors of the District, it shall there-
after be binding upon all parties iii accordance with its terms.
8.08 The above and foregoing
=X` exhibits which agreement, including the
are attached hereto and made a part hereof,
contain the entire agreement between the parties hereto and shall
.j: '_=;r :: ::r :. •: :�.`;`•:` 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
L .. outside the District's boundaries which will be owned and operat-
ed
�'
Assigns willpbetion by the responsible fory.
reimbursing theiCitp the costheir
of
such inspection.
8.10 All other fees required by the City of
Round
including but not limited to, oversize fees, shall be paid Rock,
" required by its ordinances.
a 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 LiN acting under the
authority of their respective governing bodies, have caused
multiple copies of this Agreement to be duly execut d, each of
h to be of equal dignity, all as of the �,� day of
.. . - - . . � �• 1987.
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EXHIBIT 'A'
i.- Y ` " All of the water supply, transmission and distr ion
"a si PP Y.
facilities necessary or appropriate to provide water supply
a;: =y services to all territory located within the boundaries of
Williamson County Municipal Utility District No. 9, including
those facilities referenced in the `Preliminary Engineering
- `•`'` `:a,"; ' Report For The Creation of Williamson County Municipal Utility
District No. 9' previously filed with the City of Round Rock by
= „�;�`'� ':;�ri,- ,;t•:_:y;:y '�`:, -:'•s Lichliter/Jameson a Associates, Inc. 1Job No. 846-0000-21).-
The
66-0000-21):The District's proportionate share of the costs of
.:.,;:.;.,.��...�:,',<<.,^ :;:•_:•;-�::. ,_ ,;, a transmission approach main system, a muliiparticipant
Project that brings a 36-inch waterlinealong P.M. 1631
the City of Round c
Rock the western boundary of
ti•:; _;;;:#E the District, together with such
pumping and storage
facilities as may be required for such project=
;,�r:c` • ;3.'��' i_4 -� ; 2. A water distribution network of 1
.. ince 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 Count
:•Gsx; ?mss. ;s- f ✓t- : .. the State of Te Y,
;:__ • : •- -. - . . -._,:•..:. Texas or any governmental entity.
i tri _- _ - v. •- .
'S\' i•'��_ -Yi:ii dam, ••
� 4•i(•' i�r.--aa!CR`�_ti;T'+}4i3•'j1 .<.t„
ZXHIB1T *BA
• .'F '-�i':r%••=, yt:. - -fir_ .
,.�,.,, _. .r::t.,-•:...;,: ,.:,.- 1111 of the wastewater collection transportation and treat-
��2,=?;'�-:_;; Gent facilities necessary or appropriate to provide sanitary
"^ �` " °" := ':•' sewer services to all territory located within the boundaries of
ws,+ :' Williamson County Municipal Utility District go. 9• previously
filed with the City of Round Rock by Liehiiter/Jameson i Asaoci-
t'A- �; "�-': =;r?•,i� ates, Inc. (Job No. 8+16-0000-21) :
,. �*!- =-L� >• �•' ' 1. The District's proportionate share of all costs of
a proposed basin intercept system which P y will transport
the
wastewater south from the boundaries of the Dis-
r=<j' <s -<';•"` .' = trict Sam Ba
to Sam Bass Road and along ss road to the
Intercept. Upon completion of the Brushy
.`:'�y=.=• r .. .:� .. <<;, ��;.- . Onion Creek In •
* � ''> -ate:,.=,t.f.;i•.•.4,:�Y.d� :,-�:�*. '•'=:�';=-'-"= Creek Intercept Tunnel the Pro
Posed basin
intercept
'=a: �•: ,;„�:�s.x ;"•_= >: _- system would be connected to the Brush Creek Intercept
': s`�; is ^f• '= ='==Y'- Tunnel; y
2. A wastewater
; :^.. ; • . ;.,..: ter collection system of lines sized
_ -ate.. .- -, . =::._ sufficiently for peak day wet weather flow on an l.u.e.
basis where l.u.e 1 GPH.
1 produces 1 Collection
:r^i:`s :: :=' L��• �- _ lines for commercial sites will be designed to
tsf ;;, � :• f_._x;:``,Y accomodate 6.47 l.u.e.s per acre while each single
_ family dwelling is equal to 1 l.u.e.;
;- ;•rani.- - �. ;.-_ 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.
Y
�'p��a�sw�:.�.ii!ir+rirja!Mti�fl�aC��.;•nk�i
::q*.� ;'�:° •:Asx;;..=_ __.;yd-__
;Q71�"�+ts• is-` — •,:.
EXHIBIT " "
A Fire Station and Equipment,
which will not exceed S400 000 nt' the total capital cost of
Round Rock in its performance of the built for use by the City of
accordance with the following plan; tem of this Agreement, in
` ``'•:�a��"" :�•r. 4;�-:r.; __ 11= 1. LiN Will sell to District the District
r Y• �u: ,: E.: .- will dedicate the ict and trict
150' iS0 to the City, a site approximately
City.,by in the District acceptable to th
'`gin,?` _ '`'=:� � • ` ;`:=•?_',i,.`
`:�•
behalf
2. bhlof
balance of the total a e ita District, will pay the
fire station on a ap 1 costs to construct a
`MF _4f .= may be outside thetboundar es by
the City. which
' = h e District,
which will provide adequateis
to
.�_ ',r _ w. ' :; t' "s:• District City's tie table.mice the
at the
- , # :Y -;? .- ;• ,� 3• The City will man and
trucks. equip each fire station with
4. Each Fire Station must provide adequate service to
the District so that the residents of the District
keyrecerateive fire insurance rates equal to the City's
"• V _
:iY•'�'•2'+cS/C;�.::;,:•;z L- _s_:, ,. : -..; S- City W
i31 construct a fire station on
convoyed in accordance t� site
the District at with subparagraph 1 within
later to no
of 851 of single y residential.
later than build-out
_ •�,i` - - - e family ential.
t' `'.,.•: � All of the storm sewer, channel improvements drainage and
-':` ;. :,:::• :'i::` other facilities, both within and outside the boundaries of the
District necessary or appropriate to dr
water flow sin all excess and storm
through or upon all territory located within the
_ boundaries of Williamson County Municri•pal Utility District No. 9,
including those facilities referenced in the 'Preliminary Engi-
`�: �• nearing Report for the Creation of Williamson County Municipal
utility District No. 9" previously filed with City of Round Rock
by Lichliter/Jameson 4 Associates, Inc. (Job No. 846-0000-21):
'='•-;'' ''_ `'- -'^".i•`:•` 1. The Internal Drainage System will consist of curbs
a°:::':..: .:.s_,-�;.;.:•:.::•.•' 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
K creek areas. The system will be 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 Creak to improve
transmission of the stormwater. A system of ponds in
Money Bear Creek will be upgraded.
3. Improvements to be culverts under PH 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.
_ _ >acfy:r.Y