R-07-09-13-11D2 - 9/13/2007 RESOLUTION NO. R-07-09-13-11D2
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, Karen Gunther, a/k/a Karen S . Koonce, the owner of a
tract of land as shown in Exhibit "A" , ( "Property" ) has requested that
the City furnish wastewater service to said Property, and
WHEREAS, the Council hereby determines that the City has
adequate capacity of wastewater 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 owner 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 wastewater service to the Property, subject to the owner
compliance with the requirements of said §10 . 103, at the rates
specified in §10 . 202 (1) (b) of the Code, and in accordance with the Out-
of-City Wastewater Service Agreement described below, and
BE IT FURTHER RESOLVED,
0:\wdox\RESOLUTI\R70913D2.WPD/xmc
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Out-of-City Wastewater Service Agreement with
Karen Gunther, a/k/a Karen S. Koonce, 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 Septe eA27
Mayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Sec etary
2
EXHIBIT A
Legal description of Property(including any improvements):
Lot Number Eight (8), of Wildwood Country, in Williamson
County, Texas, according to the map or plat thereof recorded in
Cabinet "D," Slides 58-59, of the Plat Records of Williamson
County, Texas.
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
OUT-OF-CITY WASTEWATER SERVICE AGREEMENT
THIS OUT-OF-CITY WASTEWATER SERVICE AGREEMENT ("Agreement") is
made and entered by and between KAREN GUNTHER, a/k/a Karen S. Koonce, referred to
herein as the "Purchaser," and the CITY OF ROUND ROCK, TEXAS a home-rule municipality
located in Williamson and Travis Counties, State of Texas, referred to herein as the "City." The
Purchasers and the City are hereinafter referred to collectively as "the Parties," or individually as
a"Party."
rty.
RECITALS:
WHEREAS, the Real Property Records of Williamson County, Texas lists Purchaser as
the owner of record of the property at 16 Country 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 it is necessary for the Property to receive
wastewater service from the City notwithstanding the fact that the Property is outside the City's
corporate limits, and
WHEREAS, the City does not have an existing Out-of-City Wastewater Service
Agreement with the Purchasers of the Property to provide wastewater 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 wastewater service 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. Purchaser's Obligations Under this Agreement
1.01 Purchaser shall be required to own and install a standard wastewater service line
which will connect with the City's wastewater system located in Woodland Loop. Prior to
installation, the Purchaser shall submit a detailed drawing prepared by a licensed engineer in the
State of Texas for review and approval by the City of Round Rock.
120596/0160.0700/ps EXHIBIT
's nBn
1.02 Purchaser shall grant the City the right of entry and access to Purchaser's private
wastewater line attached to the City's wastewater system at all times to inspect, to investigate the
source of operational or maintenance problems, to prevent or detect, minimize, or avert
operational or maintenance problems, or for any other purpose reasonably related to the
provision of service under this Agreement. The Purchaser will cooperate with the City to
provide access for these purposes, provided that the City provides Purchaser at least one working
day's written notice or, in the event of an emergency, prior notice by telephone or confirmed
facsimile, of its need for access.
1.03 Purchaser shall be responsible for securing sufficient rights allowing Purchaser to
construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and
remove a wastewater system and lines, together with all necessary lines, pipes, conduits,
manholes, ventilators, and other equipment, improvements, accessories and appurtenances or
operations thereto, in, upon, over, under, above and across any necessary areas of private or
public property to connect to the City's wastewater system. Such right shall not conflict with any
existing drainage easements held by the City.
Article H. Provision of Wastewater Services
2.01. City agrees to sell Purchaser wastewater service as required by Purchaser for
domestic use on an as needed basis for one single-family residence located on the Property.
2.02. The wastewater service to be provided herein is for the Property as described in
Exhibits A and B and no other property.
2.03 Purchaser agrees to abide by all mandatory and voluntary use restrictions imposed
by the City on its own citizens.
Article I1I. Rates
3.01. Purchaser agrees to pay City for all wastewater services provided to Purchaser at
the rate authorized by Chapter 10, Section 10.202 (1)(b), Code of Ordinances, 1995 Edition, City
of Round Rock, Texas, as amended from time to time, applicable to customers located outside
the corporate limits of the City. Consistent with that provision, the volume charge shall be
contractually set as twice the winter average as determined by the City Water Billing Department
for residential customers located within the corporate limits of the City.
3.02. The City shall render a monthly bill to Purchaser for wastewater services.
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.
3.03. 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.
2
Article IV. Compliance with Ordinances
4.01 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 the wastewater treatment system.
4.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary
conditions of City's water supply system.
4.03. Purchaser agrees to pay a Wastewater Impact Fee in the amount of one thousand
three hundred and six dollars, $1,306, based on one living unit equivalent; and to pay all other
fees applicable to wastewater service.
Article V. Force Majeure
5.01. In the event either Parry 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,
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 Parry 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 VI. Term
6.01. The term of this Agreement shall be for a term of twenty(20)years from the date
hereof.
6.02. This Agreement shall become null and void upon the annexation of the Property
by the City.
3
Article VII. Miscellaneous Provisions
7.01. Purchaser is prohibited from selling or giving wastewater service purchased
herein to anyone else.
7.02. 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.
7.03. 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.
7.04. 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.
7.05. 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.
7.06. 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.
7.07. The violation by Purchaser of any of City's ordinances related to the use or
disposition of wastewater shall render this Agreement voidable at the option of City.
IN WITNESS HEREOF, the parties have executed this Out of City Wastewater Service
Agreement in two (2) counterparts, each of which will be deemed an original on this the
day of , 2007.
PURCHAS R
By:
Karen Gunther
a/k/a Karen Koonce
Purchaser's Address:
16 County Drive
Round Rock, TX 78664
4
CITY OF ROUND ROCK,TEXAS
By:
Nyle Maxwell, Mayor
Attest:
Christine R. Martinez, City Secretary
For City, Approved as to Form:
Stephan L. Sheets, City Attorney
5
EXHIBIT A
Legal description of Property(including any improvements):
Lot Number Eight (8), of Wildwood Country, in Williamson
County, Texas, according to the map or plat thereof recorded in
Cabinet "D," Slides 58-59, of the Plat Records of Williamson
County, Texas.
6
DATE: September 6, 2007
SUBJECT: City Council Meeting - September 13, 2007
ITEM: 11D2. Consider a resolution authorizing the Mayor to execute an Out-of-
City Wastewater Service Agreement with Karen Gunther for the
property located at 16 Country Drive.
Department: Water and Wastewater Utilities
Staff Person: Michael D. Thane, Director of Utilities
Justification:
This resolution is for an Out-of-City Wastewater Service Agreement to serve the property
located at 16 Country Drive which is not within the City's corporate limits. The City does not
have an existing Out-of-City Wastewater Service Agreement with the owner to provide
wastewater service to this property. The property owner and the City wish to enter into an
agreement to formalize the terms by which the city will provide wastewater service to the
property. The City agrees to sell the owner wastewater service as required for domestic use
on an as-needed basis for one single-family residence. The owner agrees to pay the City for
all wastewater collected at the rate authorized by Chapter 10, Section 10.202 (1)(b), Code
of Ordinances, 1995 Edition, City of Round Rock Texas.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Ms. Karen Gunter - Property Owner of 16 Country Drive
Background Information:
In July 2007, the owner of the Property contacted the City of Round Rock Utility Department
to apply for wastewater service to this address because her current septic system was
failing and needs to be replaced. The owner contacted the Williamson County Health
Department to determine the requirements necessary to bring her septic system up to
current standards. Because of land requirements, the only method available to serve this
property would require an Aerobic Treatment Unit. The owner stated that this type of unit
would be an eyesore to the neighborhood, potentially damage her trees, and require an
alarm system.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
OUT-OF-CITY WASTEWATER SERVICE AGREEMENT
THIS OUT-OF-CITY WASTEWATER SERVICE AGREEMENT ("Agreement") is
made and entered by and between KAREN GUNTHER, a/k/a Karen S. Koonce, referred to
herein as the "Purchaser," and the CITY OF ROUND ROCK, TEXAS a home-rule municipality
located in Williamson and Travis Counties, State of Texas, referred to herein as the "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 owner of record of the property at 16 Country 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 it is necessary for the Property to receive
wastewater service from the City notwithstanding the fact that the Property is outside the City's
corporate limits, and
WHEREAS, the City does not have an existing Out-of-City Wastewater Service
Agreement with the Purchasers of the Property to provide wastewater 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 wastewater service 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. Purchaser's Obligations Under this Agreement
1.01 Purchaser shall be required to own and install a standard wastewater service line
which will connect with the City's wastewater system located in Woodland Loop. Prior to
installation, the Purchaser shall submit a detailed drawing prepared by a licensed engineer in the
State of Texas for review and approval by the City of Round Rock.
120596/0160.0700/ps
R-Ul-C(i-l3 1i0.)-
1.02 Purchaser shall grant the City the right of entry and access to Purchaser's private
wastewater line attached to the City's wastewater system at all times to inspect, to investigate the
source of operational or maintenance problems, to prevent or detect, minimize, or avert
operational or maintenance problems, or for any other purpose reasonably related to the
provision of service under this Agreement. The Purchaser will cooperate with the City to
provide access for these purposes, provided that the City provides Purchaser at least one working
day's written notice or, in the event of an emergency, prior notice by telephone or confirmed
facsimile, of its need for access.
1.03 Purchaser shall be responsible for securing sufficient rights allowing Purchaser to
construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and
remove a wastewater system and lines, together with all necessary lines, pipes, conduits,
manholes, ventilators, and other equipment, improvements, accessories and appurtenances or
operations thereto, in, upon, over, under, above and across any necessary areas of private or
public property to connect to the City's wastewater system. Such right shall not conflict with any
existing drainage easements held by the City.
Article II. Provision of Wastewater Services
2.01. City agrees to sell Purchaser wastewater service as required by Purchaser for
domestic use on an as needed basis for one single-family residence located on the Property.
2.02. The wastewater service to be provided herein is for the Property as described in
Exhibits A and B and no other property.
2.03 Purchaser agrees to abide by all mandatory and voluntary use restrictions imposed
by the City on its own citizens.
Article III. Rates
3.01. Purchaser agrees to pay City for all wastewater services provided to Purchaser at
the rate authorized by Chapter 10, Section 10.202 (1)(b), Code of Ordinances, 1995 Edition, City
of Round Rock, Texas, as amended from time to time, applicable to customers located outside
the corporate limits of the City. Consistent with that provision, the volume charge shall be
contractually set as twice the winter average as determined by the City Water Billing Department
for residential customers located within the corporate limits of the City.
3.02. The City shall render a monthly bill to Purchaser for wastewater services.
Payment shall be made no later than the sixteenth (16a') 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.
3.03. 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.
2
Article IV. Compliance with Ordinances
4.01 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 the wastewater treatment system.
4.02. Purchaser agrees to take all reasonable precautions to maintain the sanitary
conditions of City's water supply system.
4.03. Purchaser agrees to pay a Wastewater Impact Fee in the amount of one thousand
three hundred and six dollars, $1,306, based on one living unit equivalent; and to pay all other
fees applicable to wastewater service.
Article V. Force Majeure
5.01. 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 Parry, 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,
partial or entire failure of water supply, and any other inabilities of either Parry, 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 Parry 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 VI. Term
6.01. The term of this Agreement shall be for a term of twenty(20) years from the date
hereof.
6.02. This Agreement shall become null and void upon the annexation of the Property
by the City.
3
Article VII. Miscellaneous Provisions
7.01. Purchaser is prohibited from selling or giving wastewater service purchased
herein to anyone else.
7.02. 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.
7.03. 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.
7.04. 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.
7.05. 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.
7.06. 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.
7.07. The violation by Purchaser of any of City's ordinances related to the use or
disposition of wastewater shall render this Agreement voidable at the option of City.
IN WITNESS HEREOF, the parties have executed this Out of City Wastewater Service
Agreement in two (2) counterparts, each of which will be deemed an original on this the
day of , 2007.
PURCHA�ER
By:
_, Avi
Ka n Gunther
a/k/a Karen Koonce
Purchaser's Address:
16 County Drive
Round Rock, TX 78664
4
C F CK, XAS
By:
ell, Mayor
Attest:
h, 79)1'1 "JFY41,I
Christine R. Martinez, City Secretary )�
AForit , Appr ved a to Form:
L. Sheets, City Attorney
5
EXHIBIT A
Legal description of Property(including any improvements):
Lot Number Eight (8), of Wildwood Country, in Williamson
County, Texas, according to the map or plat thereof recorded in
Cabinet "D," Slides 58-59, of the Plat Records of Williamson
County, Texas.
6
Out of Clity Wastewater
Service Agreement
16 Country Drive
"Exhibit B"'
6
60
6
Proposed Wastewater
Service
16 Country Die
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