Contract - Jonah Water Special Utility District SUD - 3/10/2022 AGREEMENT FOR THETRANSFER OF
RETAIL WATER uTiLITY SERVICE AREA
BETWEEN THE CITY OF ROUND ROCK AND
JONAH WATER SPECIAL UTILITY DISTRICT
THIS A(JREEMENT FOR THE TRANSFER OF RETAIL WATER UTILITY SERVICE
AREA ("Agreement") is made and entered into by and between the CITY OF ROUND ROCK, a
Texas home rule Municipal orporation ("Round Rock") and JONAH WATER SPECIAL UTILITY
DISTRICT, a Conservation and Reclamation District of the State of Texas ("Jonah"). Round Rock
and Jonah are herein referred to as Parties of this Agreement.
WHEREAS, Round Rock is the holder of water- CCN #11047 from tile Public Utility
Commission or Texas (hereinafter "PUC"), for the provision of retail water service to certain areas
in and about Williamson County, ']I exas; and
WHEREAS, Jonah is the holder of water CCN 410970 from the PUC', for tile provision of
retail water service to certain areas in and about Williamson County, Texas; and
WHEREAS, the boundaries of the Round Rock CCN and the Jonah CCN are adjacent to one
another; and
WHEREAS, Jonah wishes to alter the boundaries of its CCN by decertifying and transferring
an area (the "Transfer Area") contained with the boundaries of the Jonah CCN to Round Rock, so
that such area is removed from the Jonah CCN and added to the Round Rock CCN; and
WHEREAS, Round Rock wishes to alter the boundaries of its CCN by amending tile
boundaries of its CCN to include the Transfer Area; and
NOW, THEREFOR.E, for good and valuable consideration, tile receipt and sufficiency of
which is, hereby acknowledged, Round Rock and Jonah hereby agree as follows:�
1.1 Round Rock is the owner and holder of CCN #114:147, attached hereto as Exhibit -A," and
incorporated herein by reference.
1.2 Jonah is the owner and holder of CCN 41097, attached hereto as Exhibit -13," and
incorporated herein by reference.
1.3 The Transfer Area is located within the boundaries of CCN 4410970 and adjacent to the
boundaries of CCN #11047, such property more fully described in Exhibit "C," attached
hereto and incorporated herein by reference,
Transfer of CCN Area
2.1 In accordance with Texas Water Code Section 13,248, and subject to the approval by the PUC,
Jonah hereby agrees to the modification of the boundaries of its CCN #10970 to exclude the
areacontained within the Transfer Area, such area to be transferred from Jonah's CCN #14.1970
to the area to be encompassed within the Round Rock CCN#11047.
12 In accordance with Texas Water Code Section 13.248, and subject to the approval by the PUC,
Round Rock hereby agrees to the expansion and modification of the boundaries of its CCN
#11047 to include the area contained within the Transfer Area, such area to be transferred from
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004631 34/ss2
Jonah's CCN#10970 to now be encompassed within Round Rock's CCN.
2.3 Round Rock agrees that, upon approval of the revision to its CCN boundaries by PUC to
include the Transfer Area within the boundaries of its CCN #11047, Jonah shall continue to
provide retail water service to the Transfer Area until such time as the owners and occupants in
the Transfer Area can be switched over to Round Rock's water system or a property within the
Transfer Area redevelops. Once the owners and occupants are switched over to Round Rock's
water system or the property redevelops, Round Rock shall be solely responsible for the
provision of retail water service to the owners and occupants of the Transfer Area under such
terms and conditions as are allowed under its CCN and any applicable governmental statutes
and regulations.
Compensation
3.1 Jonah and Round Rock agree that no compensation shall be due and owing between Round
Rock and Jonah in conjunction with such transfer, since no real or personal property of either
party is contained within either Transfer Area or is being affected by such transfer.
Facilities
4.1 Jonah currently owns water connections or water facilities within its respective transfer area.
Transfer and Amendment of CCNs
5.1 Round Rock shall file the appropriate applications with the PUC to formally transfer the
Transfer Area from Jonah's CCN to Round Rock's CCN. The Parties shall endeavor to obtain
PUC approval of the CCN transfers contemplated herein in an expeditious manner and will
support and cooperate with each other and the PUC to accomplish this goal.
5.2 Round Rock shall bear its own costs associated with preparing and filing the CCN application
and the pursuit of regulatory approvals.
5.3 Round Rock and Jonah agree that,pending PUC approval,Jonah shall continue to provide retail
water service to the Transfer Area until such time as the owners and occupants in the Transfer
Area can be switched over to Round Rock's water system or a property in the Transfer Area
redevelops.
Customers
6.1 Upon approval of the transfer of the Transfer Area by the PUC and once owners and occupants
in the Transfer Area are switched over to the City's water system or a property in the Transfer
Area redevelops, Jonah shall transfer all existing water customers within the Transfer Area to
Round Rock.
General Provisions
7.1 Effective Date. This Agreement is effective and enforceable as between Round Rock and
Windermere following execution by both parties.
7.2 Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED
AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
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ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE
PERFORMABLE IN TRAVIS COUNTY,TEXAS, AND IT IS AGREED THAT ANY CIVIL
ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS
HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN
CONNECTION HEREWITH, SHALL BE BROUGHT IN A COURT OF COMPETENT
JURISDICTION SITTING IN TRAVIS COUNTY, TEXAS. IT IS AGREED THAT ANY
ADMINISTRATIVE LAW ACTION BROUGHT TO ENFORCE OR CONSTRUE THE
TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE
OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT AT THE PUC OR
ITS SUCCESSOR AGENCY.
7.3 Construction and Severability. If this Agreement, or any word, clause, sentence, paragraph or
other part thereof, shall be susceptible to more than one or conflicting interpretations, then the
interpretation which is more nearly in accordance with the general purposes and objectives of
this Agreement shall govern. In the event 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 hereof and
this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
7.4 Unintended Omission. If any punctuation, word, clause, sentence or provision necessary to
give meaning, validity or effect to any other word, clause, sentence or provision appearing in
this Agreement shall be omitted here from, then it is hereby declared that such omission was
unintentional and that the omitted punctuation, word, clause, sentence or provision shall be
supplied by inference.
7.5 Amendment. This Agreement may not be amended or terminated except by an instrument
signed by all parties to this Agreement.
7.6 Limitation of Liability. Neither party shall be responsible for indirect, incidental, special,
exemplary or punitive damages.
7.7 Assignment. Neither party may assign this Agreement without the prior written consent of the
other,which consent shall not be unreasonably withheld,delayed or denied.
7.8 Attorneys' Fees. In the event of any dispute and/or legal action arising from an interpretation
and/or performance of any of the provisions of this Agreement,the parties hereby agree that the
prevailing party shall be awarded reasonable attorneys' fees and costs.
7.9 Notice. Any notice required or permitted by this Agreement shall be in writing and shall be
delivered as follows with notice deemed given as indicated: (i) by personal delivery; (ii) by
overnight courier upon written verification of receipt; or (iii) by certified or registered mail,
return receipt requested,to the following:
If to Round Rock: If to Jonah:
City of Round Rock Jonah Water Special Utility District
Attn: City Manager P.O.Box 455
221 E.Main St. Hutto,Texas 78634
Round Rock,Texas 78664 Tel.(512)759-1286
Tel.(512)218-5460
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With a copy to:
Shects & Crossfield, PLLC John Carlton
Attn: Steve Sheets The Carlton Law Firm, MAX
309 E, Main St. 4301 Westbrook Drive, Suite 13-130
Round Rock, Texas 78664 Austin, Texas 78746
Tel. (512) 255-8877 Tel. (512) 614-0901
7.10 Fntire ALreement,-This Agreement renects the entire agreement between the parties hereto
pertaining to the subject matter hereof and supersedes all prior and contemporaneous
agreements and understandings of the parties in connection herewith.
7.11 Multfil?tq_CounLerM�, This Agreement may be executed in multiple countcrparts, each of
-- L_ _
which shall be deemed an original, and all of which together shall be construed as one and the:
same instrument.
7.12 Authority. ]"'his Agreement has been approved by both the Round Rock City Council and the
Board of Directors of Jonah Water Special Utility District,
WFIEREFORE, this Agreement is executed this day of 202atRound Rock,
Texas.
CITY OF;7D IOC K,
By:
Crat Mor an,
organ, PwIyor
JONAH WATER SPECIAL UTILITY DISTRICT
By,r�'7
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Printed Namc:7��
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Title:
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Date;Saved':2/9/2121 4A1 BSM