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R-07-09-13-11D1 - 9/13/2007 RESOLUTION NO. R-07-09-13-11D1 WHEREAS, §10 . 103 Code of Ordinances (1995 Edition) provides that under certain conditions the City will furnish water and wastewater services outside of the city limits, and WHEREAS, Brian and Belinda Robinson, the owners of a tract of land as shown in Exhibit "A" , ("Property") has requested that the City furnish water service to said Property, and WHEREAS, the Council hereby determines that the City has adequate capacity of water service available for the purpose of serving the Property without impairing services within the City, and WHEREAS, the owner of the Property must comply with all of the provisions of §10 . 103 with respect to costs, construction standards, inspections, et cetera, and WHEREAS, the owner of the Property must also comply with applicable subdivision and platting statutes and ordinances, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That subject to owners compliance with applicable subdivision and platting statutes and ordinances, and pursuant to §10 . 103 Code of Ordinances (1995 Edition) the City Council hereby approves the furnishing of water service to the Property, subject to the owners compliance with the requirements of said §10 . 103 , at the rates specified in §10 . 201 (6) (b) of the Code, and in accordance with the Out of City Water Service Agreement described below, and BE IT FURTHER RESOLVED, 0:\wdox\RESOLOTI\R70913D1.WPD/rmc That the Mayor is hereby authorized and directed to execute on behalf of the City an Out of City Water Service Agreement with Brian and Belinda Robinson, a copy of said agreement being attached hereto as Exhibit "B" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 13th day of Sept r NY LL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secret ry 2 STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § OUT OF CITY WATER SERVICE AGREEMENT THIS OUT OF CITY WATER SERVICE AGREEMENT ("Agreement") is made and entered by and between BRIAN AND BELINDA ROBINSON (herein referred to as "Purchaser," whether one or more) and the CITY OF ROUND ROCK, a home-rule municipality located in Williamson and Travis Counties, State of Texas ("City"). The Purchasers and the City are hereinafter referred to collectively as "the Parties." or individually as a"Party." RECITALS WHEREAS, the Real Property Records of Williamson County, Texas lists Purchaser as the owners of record of several acres of land located at 11 Westview Drive ("Property"), being more particularly described in Exhibits "A" and `B" which are hereby incorporated for all purposes; and WHEREAS, the City has determined that the Property is receiving water from the City, but is not within the City's corporate limits, and WHEREAS, the City does not have an existing Out of City Water Service Agreement with the Purchasers of the Property to provide water to the Property, and WHEREAS, the Purchaser and the City desire to enter into an agreement to formalize the terms by which the City will provide water to the Property, NOW, THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: ARTICLE I. Provision of Water Services 1.01. City agrees to sell Purchaser water service as required by Purchaser for domestic use on an as needed basis for one single-family residence and one additional restroom facility located in the auxiliary metal building on the Property. 1.02. The water to be provided herein is for the Property as described in Exhibit A and no other property. 115172/0160.0700/Ps EXHIBIT 1.03 Purchaser agrees to abide by all mandatory and voluntary conservation and use restrictions imposed by the City on its own citizens. ARTICLE II. Rates 2.01. Purchaser agrees to pay City for all water delivered to Purchaser at the rate authorized by Chapter 10, Section 10.201 (6)(b), Code of Ordinances, 1995 Edition, City of Round Rock, Texas, as amended form time to time, applicable to sale of water to customers located outside the corporate limits of the City. 2.02. The City shall render a monthly bill to Purchaser for water consumed. Payment shall be made no later than the sixteenth(16th) day following the mailing of the bill. Failure by Purchaser to make a payment when and as specified will give the City the option to terminate all obligations of the City under this Agreement. 2.03. Purchaser shall be subject to the penalty provisions for late payment as now exist in Chapter 10, Section 10.203, Code of Ordinances, 1995 Edition, City of Round Rock, Texas, as amended from time to time. ARTICLE III. Compliance with Ordinances 3.01 Purchaser agrees to comply with all of City's ordinances as they now exist or may be amended from time to time regarding the sanitary use of water. 3.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary conditions of City's water supply system. 3.03. The Parties acknowledge that in 1998 ONE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS in fees, including a water impact fee(based on a3/4" meter size) in the amount of ONE THOUSAND THREE HUNDRED FORTY FIVE DOLLARS ($1,345.00)has been paid to the City in compliance with then-existing provisions of Chapter 10, Section 10.200, Code of Ordinances, 1995 Edition, City of Round Rock., Texas. ARTICLE IV. Force Majeure 4.01. In the event either Party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, then the obligations of that Party, to the extent affected by the force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of the inability. The cause, as far as possible, shall be remedied with all reasonable diligence. The term "force majeure" includes acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, orders of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to equipment, pipelines, or canals, 2 partial or entire failure of water supply, and any other inabilities of either Party, whether similar to those enumerated or otherwise, that are not within the control of the Party claiming the inability and that could not have been avoided by the exercise of due diligence and care. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having the difficulty and that the requirement that any force majeure be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party if the settlement is unfavorable to it in the judgment of the party having the difficulty. Force majeure shall relieve City from liability to Purchaser for failure to provide water service due to an inability covered by this article. Force majeure shall not relieve Purchaser of its obligation to make payments to City as provided in this Agreement. ARTICLE V. Term 5.01. The term of this Agreement shall be for a term of twenty(20)years from the date hereof. 5.02. This Agreement shall become null and void upon the annexation of the Property by the City. ARTICLE VI. Miscellaneous Provisions 6.01. Purchaser is prohibited from selling or giving water purchased herein to anyone else. 6.02. Purchaser shall be permitted to assign its right herein to a bona fide purchaser of the Property as long as the intended use of the service and the property remains the same or similar. 6.03. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and any and all actions brought to enforce the terms of this agreement shall be brought in Williamson County, Texas. 6.04. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. 6.05. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 3 6.06. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 6.07. The violation by Purchaser of any of City's ordinances related to the use or disposition of water shall render this Agreement voidable at the option of City. IN WITNESS HEREOF, the parties have executed this Out of City Water Service Agreement in two (2) counterparts, each of which will be deemed an original on this the day of 72007. PURCHASER By: /�, Brian Robinson Belinda Robinson Purchaser's Address: 16 Westview Drive Round Rock, TX 78664 CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM FOR CITY: Stephan L. Sheets, City Attorney 4 EXHIBIT A Legal description of Property located at 11 Westview Drive, Round Rock, Texas 78664: 5.03 acres of land, more or less, out of the William Barker Survey and the C.E. Rowe Survey in Williamson County, Texas, and being a portion of that tract of land described in a deed to Leo Luedtke of record in volume 626. Page 350, Deed Records of Williamson County, Texas, and being locally known as Lot 15, Westview Addition, an unrecorded subdivision. a 'b�" • a rM,, a ' ` Out-of-City Agreemento 11 Westview� .,fig + Drive r "Exhibit t R . . W, Ar �.� J P 7 t' a owl ; ' 11 WestvielN • ..� ,r x. ` 1 +' ,� >7 8G �- ...,a,,� •.- + Ras V sir. '• �.� y ,� -A�b•iFd r, r - ��'��f" rid: P �A DATE: September 6, 2007 SUBJECT: City Council Meeting - September 13, 2007 ITEM: 11D1. Consider a resolution authorizing the Mayor to execute an Out of City Water Service Agreement with Brian and Belinda Robinson for the property located at 11 Westview Drive. Department: Water and Wastewater Utilities Staff Person: Michael D. Thane, Director of Utilities Justification: This resolution is for an Out-of-City Water Service Agreement to serve the property at 11 Westview Drive, which is not currently located within the City's corporate limits. The City does not have an existing Out-of-City Water Service Agreement with the owner of the property to provide water to this property. The owner and the City wish to enter into an agreement to formalize the terms by which the City will provide water to the property. The City agrees to sell the owner water for domestic use, on an as-needed basis, for one single- family residence and one additional restroom facility located in the auxiliary metal building on the property. The owner agrees to pay the City for all water delivered at the rate authorized by Chapter 10, Section 10.201 (6)(b), Code of Ordinances, 1995 Edition, City of Round Rock Texas. Funding• N/A Outside Resources: N/A Background Information: In 1998, the former owner of the Property, Ms. Cecelia Cervantes, filed a Development Application with the City for emergency water service to this property because her water well had become contaminated. At that time she paid the appropriate Water Impact Fee, Inspection/Meter Fees, and deposits to receive water to the property at 11 Westview Drive. Ms. Cervantes was instructed to petition the council for Permanent Service within two months. She was unable to petition the City because of family circumstances. Thereafter, Brian and Belinda Robinson purchased the Property at 11 Westview Drive. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § OUT OF CITY WATER SERVICE AGREEMENT THIS OUT OF CITY WATER SERVICE AGREEMENT ("Agreement") is made and entered by and between BRIAN AND BELINDA ROBINSON (herein referred to as "Purchaser," whether one or more) and the CITY OF ROUND ROCK, a home-rule municipality located in Williamson and Travis Counties, State of Texas ("City"). The Purchasers and the City are hereinafter referred to collectively as "the Parties." or individually as a"Party." RECITALS WHEREAS, the Real Property Records of Williamson County, Texas lists Purchaser as the owners of record of several acres of land located at 11 Westview Drive ("Property"), being more particularly described in Exhibits "A" and "B" which are hereby incorporated for all purposes; and WHEREAS, the City has determined that the Property is receiving water from the City, but is not within the City's corporate limits, and WHEREAS, the City does not have an existing Out of City Water Service Agreement with the Purchasers of the Property to provide water to the Property, and WHEREAS, the Purchaser and the City desire to enter into an agreement to formalize the terms by which the City will provide water to the Property, NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: ARTICLE 1. Provision of Water Services 1.01. City agrees to sell Purchaser water service as required by Purchaser for domestic use on an as needed basis for one single-family residence and one additional restroom facility located in the auxiliary metal building on the Property. 1.02. The water to be provided herein is for the Property as described in Exhibit A and no other property. 115172/0160.0700/Ps R-07-09-13-1111 1.03 Purchaser agrees to abide by all mandatory and voluntary conservation and use restrictions imposed by the City on its own citizens. ARTICLE II. Rates 2.01. Purchaser agrees to pay City for all water delivered to Purchaser at the rate authorized by Chapter 10, Section 10.201 (6)(b), Code of Ordinances, 1995 Edition, City of Round Rock, Texas, as amended form time to time, applicable to sale of water to customers located outside the corporate limits of the City. 2.02. The City shall render a monthly bill to Purchaser for water consumed. Payment shall be made no later than the sixteenth(16`}') day following the mailing of the bill. Failure by Purchaser to make a payment when and as specified will give the City the option to terminate all obligations of the City under this Agreement. 2.03. Purchaser shall be subject to the penalty provisions for late payment as now exist in Chapter 10, Section 10.203, Code of Ordinances, 1995 Edition, City of Round Rock, Texas, as amended from time to time. ARTICLE III. Compliance with Ordinances 3.01 Purchaser agrees to comply with all of City's ordinances as they now exist or may be amended from time to time regarding the sanitary use of water. 3.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary conditions of City's water supply system. 3.03. The Parties acknowledge that in 1998 ONE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS in fees, including a water impact fee(based on a3/4" meter size) in the amount of ONE THOUSAND THREE HUNDRED FORTY FIVE DOLLARS ($1,345.00)has been paid to the City in compliance with then-existing provisions of Chapter 10, Section 10.200, Code of Ordinances, 1995 Edition, City of Round Rock., Texas. ARTICLE IV. Force Majeure 4.01. In the event either Party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, then the obligations of that Party, to the extent affected by the force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of the inability. The cause, as far as possible, shall be remedied with all reasonable diligence. The term "force majeure" includes acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, orders of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to equipment, pipelines, or canals, 2 partial or entire failure of water supply, and any other inabilities of either Party, whether similar to those enumerated or otherwise, that are not within the control of the Party claiming the inability and that could not have been avoided by the exercise of due diligence and care. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having the difficulty and that the requirement that any force majeure be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party if the settlement is unfavorable to it in the judgment of the party having the difficulty. Force majeure shall relieve City from liability to Purchaser for failure to provide water service due to an inability covered by this article. Force majeure shall not relieve Purchaser of its obligation to make payments to City as provided in this Agreement. ARTICLE V. Term 5.01. The term of this Agreement shall be for a term of twenty(20) years from the date hereof. 5.02. This Agreement shall become null and void upon the annexation of the Property by the City. ARTICLE VI. Miscellaneous Provisions 6.01. Purchaser is prohibited from selling or giving water purchased herein to anyone else. 6.02. Purchaser shall be permitted to assign its right herein to a bona fide purchaser of the Property as long as the intended use of the service and the property remains the same or similar. 6.03. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and any and all actions brought to enforce the terms of this agreement shall be brought in Williamson County, Texas. 6.04. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. 6.05. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 3 6.06. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 6.07. The violation by Purchaser of any of City's ordinances related to the use or disposition of water shall render this Agreement voidable at the option of City. IN WITNESS HEREOF, the parties have executed this Out of City Water Service Agree ent in tw (2) unte arts, each of which will be deemed an original on this the day of J " ,t, 2007. PURCHASER PURCHASER By: r1,, Brian Robinson �/ By: l , z , �J���"Cn,xoo� Belinda Robinson Purchaser's Address: 16 Westview Drive Round Rock, TX 78664 CITY OF OUND ROC , TE By: y ell, Mayor ATTEST: Christine R. Martinez, City Secretary AP RAVED AS TO FORM FOR CITY: Stepha L. Sheets, City Attorney 4 EXHIBIT A Legal description of Property located at 11 Westview Drive, Round Rock, Texas 78664: 5.03 acres of land, more or less, out of the William Barker Survey and the C.E. Rowe Survey in Williamson County, Texas, and being a portion of that tract of land described in a deed to Leo Luedtke of record in volume 626. Page 350, Deed Records of Williamson County, Texas, and being locally known as Lot 15, Westview Addition, an unrecorded subdivision. 5 but-of-City Service Agreement 11 Westview Drive "Exhibit B" r i f AS , t� y4 s Fly' r y t� �y a 11 Westview give F fl� i K , Existing 18"Water Line �z ©sde.ROUND ROC PARCELS rGe.ROUNO ROCKMATERLINE6 ? 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