R-01-08-09-13E5 - 8/9/2001 RESOLUTION NO. R-01-08-09-13E5
WHEREAS, §10 . 103 Code of Ordinances (1995 Edition) provides that
under certain conditions the City will furnish water service outside of
the city limits, and
WHEREAS, John P. and Betty A. Warren, the owners of a tract of
land as shown in Exhibit "A" , ( "Property") have requested that the City
furnish water service to said Property for one single-family residence,
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 owners 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 owners 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 for one single-family
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residence, subject to the owners' compliance with the requirements of
said §10 . 103 , at the rates specified in §10 . 201 (5) (b) of the Code, and
in accordance with the Water Service Contract described below, and
BE IT FURTHER RESOLVED,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Water Service Contract with John P. and Betty A.
Warren, a copy of said contract being attached hereto 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, and the Act .
RESOLVED this the 9th day of August, 2001 .
")A A 1. 1. 1
RO T A. STLUKA,R04TJR. , Mayor
City of Round Rock, Texas
ATTEST:
(44 IT F , 9
J E LAND, City Secretary
2 .
WATER SERVICE CONTRACT
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This Water Service Contract ("Contract" ) is made and entered
into by and between the City of Round Rock, a home-rule and
municipal corporation, hereinafter referred to as "City" , and John
P. and Betty A. Warren, hereinafter collectively referred to as
"Purchaser" . For and in consideration of the premises and the
mutual agreements, covenants, and conditions hereinafter set forth,
the parties hereto contract and agree as follows :
Article I . Provision of Water Service
1 . 01 . City agrees to sell Purchaser water required by
Purchaser for domestic uses on an as-needed basis, for the property
described more fully in the field notes attached hereto as Exhibit
"A" and made a part of this Contract .
1 . 02 . City' s obligation to provide water under this
Contract is subject to the capacity of City' s facilities to provide
water to Purchaser after meeting the municipal , domestic,
commercial, and industrial needs within City' s corporate limits,
and after meeting any contractual obligations existing as of the
date of execution of this Contract, but in no event shall the City
be obligated to provide more than three hundred fifty (350) gallons
per day, averaged over any consecutive thirty (30) day period, or
more than 875 gallons per day peak flow. Any water used for actual
firefighting will not be counted towards the maximum gallons
contracted for herein.
1 . 03 . Purchaser agrees to abide by all voluntary and
mandatory conservation and use restrictions imposed by City on its
own citizens .
Article II . Rates
2 . 01 . Purchaser agrees to pay City for all water delivered
to Purchaser at the rate authorized by Section 10 .201 (5) (b) , Code
of Ordinances (1995 Edition) , as amended from time to time,
applicable to sale of water to customers located outside the
corporate limits of City.
0:\wdox\CORR\unl\warren\00006730.WPD
2 . 02 . City shall render a monthly bill to Purchaser for
water consumed. Payment shall be made no later than the tenth
(10th) day following the mailing of the bill . Failure by Purchaser
to make a payment when and as specified will give City the option
to terminate all obligations of City under this Contract .
2 . 03 . Purchaser shall be subject to all provisions of the
Utility Billing Policy contained in Section 10 .203 , Code of
Ordinances (1995 Edition) , and as amended from time to time.
Article III . Compliance with Ordinances
3 . 01 . Purchaser agrees to comply with all of City' s
ordinances as they now exist or amended from time to time regarding
the sanitary use of water.
3 . 02 . Purchaser agrees to take all reasonable precautions
to maintain the sanitary condition of City' s water supply system.
3 . 03 . Purchaser agrees to pay a Water Impact fee in the
amount of Two Thousand Three Hundred Forty-Five and No/100 Dollars
($2 , 345 . 00) and to pay all other fees applicable to water service.
3 . 04 . Purchaser agrees to connect his residence to a City
wastewater line when requested by the City, and to pay all
applicable impact and connection fees .
Article IV. Force Majeure
4 . 01 . In the event either party is rendered unable, wholly
or in part, by force majeure to carry out any of its obligations
under this Contract, then the obligations of that party, to the
extent affected by the force majeure and to the extent that due
diligence is being used to resume performance at the earliest
practicable time, shall be suspended during the continuance of the
inability. The cause, as far as possible, shall be remedied with
all reasonable diligence. The term "force majeure" includes acts of
God, strikes, lockouts or other industrial disturbances, acts of
the 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
2 .
canals, partial or entire failure of water supply, and any other
inabilities of either party, whether similar to those enumerated or
otherwise, that are not within the control of the party claiming
the inability and that could not have been avoided by the exercise
of due diligence and care . It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty and that the
requirement that any force majeure be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts
by acceding to the demands of the opposing party if the settlement
is unfavorable to it in the judgment of the party having the
difficulty. Force majeure shall relieve City from liability to
Purchaser for failure to provide water service due to an inability
covered by this article . Force majeure shall not relieve Purchaser
of its obligation to make payments to City as provided in this
Contract .
Article V. Term
5 . 01 . The term of this Contract shall be for a term of ten
(10) years from the date hereof .
5 . 02 . This Contract shall become null and void upon the
annexation of Purchaser' s property by the City.
Article VI . Annexation
6 . 01 . As a condition for the provision of water service,
Purchaser, his heirs, successors and assigns, agree to execute and
file with the City a petition requesting the City to annex the
Property, when requested by the City. Failure to do so shall give
the City the option to terminate all obligations of the City under
this Contract .
Article VII . Miscellaneous Provision
7 . 01 . Purchaser agrees that it is prohibited from selling
or giving water purchased herein to anyone other than a resident or
guest of his residence .
7 . 02 . Purchaser shall be permitted to assign its rights
herein to a bona fide purchaser of its property as long as the
intended use of the water remains the same or similar.
3 .
7 . 03 . This Contract shall be construed under and in
accordance with the laws of the State of Texas, and any and all
actions brought to enforce the term of this Contract shall be
brought in Williamson County.
7 . 04 . This Contract shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, legal representatives, successors, and
assigns where permitted by this Contract .
7 . 05 . In case any one or more of the provisions contained
in this Contract shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision thereof, and this Contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
7 . 06 . This Contract constitutes the sole and only
agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
7 . 07 . The violation by Purchaser of any of City' s
ordinances related to the use of water shall render this Contract
voidable at the option of City.
EXECUTED, i`n,, duplicate, at Round Rock, Williamson County,
Texas, on the day of 2001 .
ATTEST: CITY OF ROUND ROCK
AA AA
By:
idnne Land, City Secretary Ro ert A. Stluka, Jr. , Mayor
PURCHASER
u, V. Gt.{`-�
John 0
P. Warren
Betty A. Warren
4 .
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the ICO day
of / , 2001, by Robert A. Stluka, Jr. , Mayor of the
City ofaZound Rock, Texas, a home-rule municipal corporation, on
behalf of said corporation.
CHRISTINE SPRECHER
aryPubhc,ShateofTem Notary Publi , 'State of cTexas
s My romn��a �oo,„-z C A7YI G�t-�r
Printed Name
My Commission Expires :
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the �_ day
of `S 2001, by John P. and Betty A. Warren.
Notary Public, State of Texas
'OSE A.MCMIWN Printed Name : A - mL.hN, 1 r)
:OMMISSION EXPIRES My Commission Expires : - _ t-►
May 2,2005
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P.P. DEA10MS 147h/ER R.LE
FIELD NOTES FOR JOHN P. WARREN:
BEING a 5.32-acre tract of land situated in
the Asa Thomas Survey, Abstract No. 609,
n Willamson County, Texas, and being a part
q of that certain 109.11-acre tract of land
ti 0 conveyed by deed to Leo and Dorothy Luedtke,
Q 3- as recorded in Volume 626, Page 350, Deed
Records of Williamson County, Texas; also
being that certain tract of land conveyed by
• o deed to Raymond B and Myra E. Klepzig,Vj
. ,
0 as recorded in Volume 668, Page 847, Deed
Records of Williamson County, Texas. Sur-
veyed on the ground in the month of June,
1982, under the supervision of R. T. Magness,
Jr. , Registered Public Surveyor, and being
more particularly described as follows:
BEGINNING at an iron pin found in the South
line of Gattis School Road (County Road No.
d fh e 168) , marking the N.E. corner of said 5.32-
E ve acre Klepzig tract, for the N.E. corner
L e Acl-es hereof; said corner also being N 89° 42' W,
�pg. 11 X50 225.00 feet from an iron pin found marking
2(o the N.E. corner of said 109.11-acre Luedtke
tract;
EIBIT THENCE S 00 03' 30" W, 1029.54 feet to an
iron pin found in the South line of said
l 109.11-acre Luedtke tract, marking the S.E.
corner of said 5.32-acre Klepzig tract,
for the S.E. corner hereof;
THENCE N 890 51' 30" W, 224.97 feet, with
' said South line to an iron pin found marking
the S.W. corner of said 5.32-acre Klepzig
NQ9'S/;SDs✓f?0.97• ract, for the S.W. corner hereof;
THENCE N 0° 03' E, 1028.34 feet to an iron
pin found in said South line of County
Road No. 168, marking the N.W. corner of
said 5.32-acre Klepzig tract, for the
N.W. corner hereof;
Page 1 of 2
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VOL 878PAGE 922
FIELD NOTES FOR JOHN P. WARREN, Cont.
.THENCE N 890 50' E, 225.07 feet with said South line of County Road
No. 168 to the place of BEGINNING and containing 5.32 acres of land.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
I, R. T. Magness, Jr. , Registered Public Surveyor, do hereby certify►
that the above-described tract of land was surveyed on the ground 4 —`
under my personal supervidion during the month of June, 1982, and that
said description is true and correct to the best of my knowledge and
belief. The improvements on this tract are as shown on the attached
plat. The residence thereon is situated such that water drains away
from all sides of same and is not located within any established flood-
plain. I do not detect any encroachments except as shown hereon.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson
County, Texas, this the 7th day of June, 1982, A.D.
R. T. Magness,wAr.
Registered PubAk Surve No. 1433 ♦�Pt�. OF
,F5,+�
to of Tex �y;
3S .................
R. T. MAGNESS. JR. 1
�.....................:....
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1433
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DATE: August 6, 2001
SUBJECT: City Council Meeting—August 9, 2001
ITEM: 13.E.5. Consider a resolution authorizing the Mayor to execute a Water
Services Contract with John A and Betty A. Warren for water
service outside of the city limits. The Warren tract is located on
Gattis School Road across from the Sonoma Subdivision. The
Warrens would like access to City water and are prepared to cost
share with their neighbors the Martins. The contract includes a
provision for the fees and an agreement for annexation.
Resource: Jim Nuse, Director Public Works
History: The Warren tract is located on Gattis School Road across from Sonoma. The
Warrens would like access to the City water and are prepared to cost share with
their neighbors the Martins. The attached agreement covers fees and an
agreement for annexation.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Impact: This will be another paying customer on the system.
Benefit: This property will pay a water impact fee.
Public Comment: N/A
Sponsor: N/A