Contract - Steven Brink - 5/24/2018 OUT-OF-CITY WASTEWATER SERVICE AGREEMENT
THIS OUT-OF-CITY WASTEWATER SERVICE AGREEMENT ("Agreement"), is
made and entered by and between STEVEN BRINK,referred to herein as the"Customer,"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 Customer and the City are
hereinafter referred to collectively as "the Parties," or individually as a"Party."
RECITALS:
WHEREAS, the Customer is the owner of record of the property at 2603 Stephen Drive,
Round Rock, Texas 78664 ("Property"), being more particularly described in Exhibit "A" which
is hereby incorporated for all purposes; and
WHEREAS; the City has determined that it is desirable 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 Customer to provide wastewater to the Property, and
WHEREAS, the Customer and the City desire to enter into an agreement to formalize the
terms by which the City will provide wastewater service to the Property, and
WHEREAS, pursuant to Sec. 44-3, Code of Ordinances, 2010 Edition, the City Council
hereby determines that there is adequate capacity of wastewater treatment services available for
the purpose of servicing Customer without impairing services within the City, NOW,
THEREFORE:
In consideration of the mutual promises contained herein and other good and valuable
consideration, and the covenants and agreements hereinafter contained to be kept and performed
by the respective Parties hereto, it is agreed as follows:
Article I. Customer's Obligations Under this Agreement
1.01 Customer shall be required to own and install a standard wastewater service line
which will connect with the City's wastewater system at manhole number 1433075 as shown on
Exhibit"A". Prior to the installation, the Customer shall submit a detailed drawing prepared by a
licensed engineer in the State of Texas for review and approval by the City.
1.02 Customer shall grant the City the right of entry and access to Customer'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 reasonable related to the provision of service
under this Agreement. The Customer will cooperate with the City to provide access for these
purposes, provided that the City provides Customer at least one working day's written notice or,
00400450.DOC
in the event of an emergency, prior notice by telephone or confirmed facsimile, or its need for
access.
1.03 Customer shall be responsible for securing sufficient rights allowing Customer 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.
1.04 Customer shall comply with all requirements of Sec. 44-3 Code of Ordinances,
2010 regarding the furnishing of sewer services outside the city limits, a copy of such Sec. 44-3
being attached hereto as Exhibit B. Failure to comply with any of these requirements shall give
the City the option of terminating this Agreement.
Article II. Provision of Wastewater Services
2.01 City agrees to sell Customer wastewater service as required by Customer for
domestic use only on an as needed basis for one two-family (duplex) residence located on the
Property.
2.02 The wastewater service to be provided herein is for the Property as described in
Exhibit A and no other property.
2.03 Customer agrees to abide by all mandatory and voluntary use restrictions imposed
by the City on its own citizens.
Article III. Rates and Fees
3.01 Customer agrees to pay a Wastewater Impact Fee in the amount of$2,938.60 based
on 1.40 living unit equivalents; and to pay all other fees applicable to wastewater service.
3.02 Customer agrees to pay City for all wastewater services provided to Customer at
the rate authorized by Chapter 44, Section 44-3, Code of Ordinances,2010 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, all charges for wastewater service shall be twice
the rate for residential customers located within the corporate limits of the City. Because the
Property is served with water from a private well, the wastewater service will be calculated based
on the city-wide average water consumption for a single-family residence for December, January,
and February of each winter, as determined by the City. The aforesaid city-wide average
consumption number will then be multiplied by 1.4 to determine the consumption for the
Customer.
3.03 The City shall render monthly bills to Customer for wastewater services. Payment
shall be made no later than the sixteenth (16th) day following the mailing of the bill. Failure by
Customer to make a payment when and as specified will give the City the option to terminate all
obligations of the City under this Agreement.
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3.04 Customer shall be subject to the penalty provisions for late payment as now exist
in Chapter 44, Code of Ordinances, 2010 Edition, City of Round Rock, Texas, and as may be
amended from time to time.
Article IV. Compliance with Ordinances
4.01 Customer 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 Customer agrees to take all necessary precautions to maintain the sanitary
conditions of City's water supply system.
4.03 Customer agrees and understands that the City's willingness to provide wastewater
service to the Property is expressly contingent on the Property continuing to be used for its current
uses, namely one two-family residence. Customer shall not change or expand the existing uses
without the express written consent of the City,which may be withheld for any reason.Any change
or expansion of uses without the consent of the City will give the City the option of terminating
this Agreement.
4.04 Customer agrees that it will comply with all of the City's ordinances regarding
subdivision, zoning, development, and building permits.
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 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 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 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 Customer for failure to provide water
service due to an inability covered by this article. Force majeure shall not relieve Customer 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.
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6.02 This Agreement shall become null and void upon the annexation of the Property by
the City.
Article VII. Miscellaneous Provisions
7.01 Customer is prohibited from selling or giving wastewater service purchased herein
to anyone else.
7.02 Customer shall be permitted to assign its rights 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 Customer of any of City's ordinances related to the use or
disposition of wastewater, or to subdivision, zoning, development or building ordinances shall
render this Agreement voidable at the option of City.
IN WITNESS HEREOF, the parties have executed this Out of City Wastewater Service
Agreement on this the day of 52018.
(Signatures on Following Pages)
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Steven Brink
CITY OFR UND ROC , TEXAS
By:
Craig organ, ayor
Attest:
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Sara White, City Clerk
For it , Approved as to Form:
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Steph L. Sheets, City Attorney
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Exhibit A
2603 Stephen Drive ROUND ROCK TEXAS
UTNRIii ANO ENVIRONMENTAL SEpYIRS
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EXHIBIT B
Sec. 44-3. Furnishing of water, reuse water, and sewer services outside city limits.
(a) Conditions under which city services will be provided. The city shall furnish water, sewer and/or reuse
water services to residential and commercial users located outside the city limits only upon the
following conditions:
(1) Adequate capacity exists. There is adequate capacity of city services available for the purpose
of servicing residential and commercial users outside the city without impairing services within
the city. Whether such adequate capacity exists shall be determined solely by the city council,
and the determination of the city council shall be final.
(2) Owners outside city limits to bear costs of lines and furnish easements. The construction costs
of water, sewer and/or reuse water lines and appurtenances which serve residential and
commercial users outside the city limits shall be paid for by the owner,developer,or political entity
requesting the service. Such owner, developer, or political entity shall also furnish suitable
construction and permanent easements and rights-of-way for utility lines.
(3) Construction to conform to city standards. All design and construction shall be in accordance
with city standards and specifications.
(4) New subdivisions to comply with subdivision regulations. New subdivisions (any plat recorded
after the date of passage of this section) desiring city water, sewer and/or water reuse services
shall comply with the subdivision regulations of the City of Round Rock, Texas, in effect at the
time such new subdivision is approved. Existing subdivisions whose plats were recorded with the
County Clerk of Williamson County,Texas, at the time of the passage of the original Ord. No.269
(January 8, 1976)can be furnished with water and sewer services without the necessity of having
sanitary sewer collection and treatment facilities.
(5) City to have right of review. The city shall have the right to review and approve all plats and plans
and inspect and approve all water, sewer and/or reuse water construction within subdivisions
where water, sewer, and/or reuse water service is to be provided.
(6) Water and sewer facility requirements. Except as provided in subsection (4) of this section, all
residential and commercial users shall have sanitary sewer collection and treatment facilities.
Water will not be provided to residential and commercial users who utilize septic tanks save and
except water can be provided to subdivisions whose plats were recorded with the County Clerk
of Williamson County, Texas, at the time original Ord. No. 269 was adopted (January 8, 1976).
(7) Water, sewer, and/or reuse water lines to meet ultimate requirements of city. Where water,
sewer, and/or reuse water lines and appurtenances are extended outside the city limits, the lines
shall be sized to serve the ultimate requirements of the city.
(8) Extended lines to be designed and inspected by city's engineer. All water, sewer, and/or reuse
water lines and appurtenances extending from existing city facilities to any tract of land outside
the city limits requesting water, sewer, and/or reuse water service shall be designed and
inspected by the city's engineer. The owner, developer, or political entity requesting the service
shall pay for these services in keeping with the current contract between the city and the engineer
employed by the city.
(9) City may reimburse owner for oversized lines. Where the size of the water, sewer, and/or reuse
water lines required to meet the ultimate requirements for the city is larger than eight inches and
the total capacity is not required to serve the tract of land to be developed, the city may enter into
a contract with the owner, developer, or entity constructing the lines for reimbursement for the
excess capacity as other users request and are granted service. The developer or entity
requesting service from an existing line shall pay a tap fee on a pro rata basis, as hereinafter set
forth. The reimbursement to the owner, developer, or entity who paid for the line construction
shall be made only from those tap fees paid to the city by users of the facility paid for by the said
owner, developer, or entity.
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(10) Pro rata basis for tap fee. The pro rata basis for the tap fee shall be computed based upon the
required demand for use and the fire protection as specified by the engineering criteria approved
by the city's engineer. The basis for cost shall be the actual total cost of the facility plus five
percent interest. The total cost shall include, but shall not be limited to, construction costs,
engineering costs, and inspection costs.
(11) Wholesale bulk rate sales of water. Facilities constructed and paid for by another public entity
or facilities which will later be acquired by a public entity may be owned,operated,and maintained
by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk
rate. The city shall own, operate, and maintain all other facilities.
(b) Rates. The rates paid by residential and commercial users located outside the city limits for the use
of the water,sewer, and/or reuse water facilities of the city shall be in accordance with sections 44-32,
44-33, and 44-34.
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