R-01-08-09-13E6 - 8/9/2001 RESOLUTION NO. R-01-08-09-13E6
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, Douglas E. and Martha J. Martin, 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
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\00008648.WPD/SC
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 Douglas E. and Martha
J. Martin, 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 .
1,-�-M 19. . 44 rL.- Z- I 1
ROBERT A. STLUKA, JiV, Mayor
City of Round Rock, Texas
ATTEST:
AA
(In MIJ
J(JNNE 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
Douglas E . and Martha J. Martin, 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\CORA\unl\martin\00006280.WPD/to
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
canals, partial or entire failure of water supply, and any other
2 .
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.
7 . 03 . This Contract shall be construed under and in
accordance with the laws of the State of Texas, and any and all
3 .
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, in duplicate, at Round Rock, Williamson County,
Texas, on the day of 2001 .
ATTEST: CITY OF ROUND ROCK
: 2�4� L
By.
J nne Land, City Secretary Ro ert A. Stluka, Jr. , Mayor
PURCHASER
G �
Doug.Zas E. Martin
Ma tha J. rtin
4 .
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day
of a_ , 2001, by Robert A. Stluka, Jr. , Mayor of the
City 0JURound Rock, Texas, a home-rule municipal corporation, on
behalf of said corporation.
s 4P'.PY,PuB i4
CHRISTINESPRECHER
Notary Public•, tate of Texas
y ( Notary Public,State o1 Texas q
my Commiss&ExpMQ1-11-= Printed Name :
,,11�rF OF �Pr My Commission Expires : AW-1125
sy.r'sevaa.�
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
is instrument was acknowledged before me on the day
3-'J_A
of 2001, by Douglas E. and Martha J. Martin.
Notary Public, tate Texas
Printed NamNa
e
t*` M P"M My Commission Expires :
rX(flm Prim's net,in,f a
S .
/SU.RVEY PERFORMED FOR _�2Le /l>ldrr�f it . s�f1n J08 No. Gd7S.01
IMPROVEMENT SURVEY OF /n 7�7c_ As,?__Zhn� Ar -
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OF RECORD IN ..-Ya1 �, 5 �...- OF THE fwd RECORDS OF
L✓1//ia camel COUNTY, TEXAS.
PERIMETER DESCRW ION _ ' QT7ACHED SCALE
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NOT REQUIREO LEGENL' IRON PIN FOUND • .
IRON PIN SET .o
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J EXHIBIT
NOTE: Easement granted to TP&T. and
Southwestern Beil recorded in Vol .
"An
710, Page 7.84, Dred Records, Wil.lin;
son County, 'Texas, does affect this
tract.
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I NOTE: Easement granted to T1*1&L and
I Southwestern Bell, recorded in Vol ,
710, Page 194, Deed Records, Wil.liar
son County, Texas, docs affect this
tract.
RC5IS7ERED FLOOD STATEMENT: 1 HAVE EXAMINED THE FEDERAL INSURANCE ADMIN!STkATION'S
NSLIC SURVEYOR, DO HEREB'f CERTIFY 71111% THE FLOOD HAZARD WAP FOR —j�f cd1Ct15�uG1_ _ COUNTY, TF.YAS. COM`RINITY NO.
ABOVE PLOT CORRECTLY REPRESENTS THE PROPERTY �1Q21, EFFEC'1rVE DATE IIF ALgy, AND THAI MAP iNUICAIFS 'i HAI
A+ DETERMINED ;�r AN ON-THE-GROUND SURVEY THIS PROPERTY 15 1104 WITHIN ZONE A (SPECIAL. FLOOO HAI.ARG AREA1 AS
PERFORPZP :iNDER MY '.;UPERISION AND DIRECTION SHOWN ON PANEL W14 )q OF STAID RAP.
ON 1HE 30]t� GAY Or _ P. OE k'ARN!NG: I 1HIS SITE 1S NOT WITHIN AN IDENTIFIED SPECIAL FLUOD EA,,AKD
THE, PROPERTY PLATTED REWON ?S CORRFCi ',NO RU.'—THIS FLOOD STATEMENT DOES YOT IMPLY THA7 THE �RUI'ERIY AN., !I)R liar.
THERE; ARE LIC AF?PARENi SI;CREPANCIF5. STRUCTURES THEREUN WILL SE FREE FROM FLOODING OR '!00,5 DAMAGE. ,`iN RARE
CGNFLICTS, SHORTAGF_� - APFA, BOUNDARY LINE OCCASIORS, GREATER FLOODS CAN AND WILL OCCUR aND FLOOD HEIGHTS t1AY RE
CONFLICTS. ENCROACH rscl(TS, OVERLAPPING OF INCREASED B° MAN-MADE 'OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT
IMPROVEWATS, CREATE LIABILITY ON THE PART OF THF.SURVEYOR.
; VISIBLE UTILITY
�'X*1 LINES !.R ROCK IN
PLACE, EXCEPT AS
.............. •}•:••: �HOM11 4EREOri, AND Page 1 OF L
t R.,1-JY9Ari IR. SAID PROPERTY HAS g
ACCESS TO AND FP.GM
!OG'•` j B- ,.,�?,� A OfDiCAIED ROADWAY. Steger & Bizzeil , Inc--
JfEPT ASCONSu TIN: ENGlNF_ERS SURVEY
G' SURv HEREON. -4-30-117r vp .Kr:z «�H•eEppos o,tir., re>a_ FES;
F)IU NOTES FOR DOUGLAS E. AND MAla'HA J. MARTIN:
BEING a 5.30 acre ' tract of land situated in the Asa Thomas Survey,
Abstract No. 609, Williamson County, Texas, and being that certain tract
of land conveyed by deed to Douglas E. Martin and wife, Martha J. Martine,
as recorded in Volume 821, Page 258, Deed Records, Williamson County,
Texas. Surveyed on the grand in the month of April,' 1987, under the
supervision of R. T. Magness, Jr. , Registered Public Surveyor, and being
more particularly described as follows:
BEGINNM at an iron pin found in the South line of the Gattis School.
Road' (County Road No. 168) on or near the East line of said Asa Thomas
Survey, marking the Northeast corner of said Martin tract for the
Northeast conger hereof;
=CE N 890 50' W, 224.71 feet with the said South line of Gattis School
Road to an iron pin found, marling the Northwest corner hereof;
TH NM S 0° O1' 30" E, 1029.15 feet to an iron pin find in the South
line of said Martin, tract *for the Southwest corner hereof;
TfIR M S 890 57' E, 224.41 feet with the said South line to an iron pin
found,** mar ing the Southeast corner of said Martin tract for the
Southeast corner hereof, said comer being on or near the said East line
of Asa Thomas Survey;
THII`M with the East line of said Martin tract, an or near the said East
line of Asa Tbcmas Survey, N 0° 01' W, 1002.37 feet to an iron pin found;
and N 0° 15' E, 26.33 feet to the place of BEGI W= and containing 5.30
acres of Land.
Page 2 of 2
Job No. H-6378.01
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4,4TnToi
DATE: August 6, 2001
SUBJECT: City Council Meeting—August 9, 2001
ITEM: 13.E.6. Consider a resolution authorizing the Mayor to execute a Water
Services Contract with Douglas E. and Martha J. Martin for water
service outside of the city limits. The Martin tract is located on Gattis
School road across from the Sonoma Subdivision. The well at this
home has failed and they are requesting Round Rock water. The
Martins have agreed to pay all the fees for the service and to be
annexed upon the City's request.
Resource: Jim Nuse, Director Public Works
History: The Martin tract is located on Gattis School Road across from Sonoma. The
well at this home has failed and they are requesting Round Rock water. They
are agreeing to payment of all fees and to annex upon a Round Rock request.
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