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Contract - Tark Properties LLC - 7/14/2016OUT -OF -CITY WATER SERVICE AGREEMENT TI -IIS OUT -OF -CITY WATER SERVICE AGREEMENT ("Agreement"), is made and entered by and between TARK PROPERTIES, LLC, a Texas limited liability company referred to herein as the "Customer," and the CITY OF ROUND ROCK, TEXAS a home -rifle 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 2502 County Road 172, Round Rock, Texas 78680 ("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 water service from the City notwithstanding the fact that the Property is outside the City's corporate limits, and WHEREAS, the Customer and the City desire to enter into an agreement to formalize the terms by which the City will provide water 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 water services available for the purpose of servicing Customer without impairing services within the City, NOW THEREFORE: WITNESSETH: That for and 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 water service line which will connect with the City's water system located as shown in Exhibit "B". 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 water line attached to the City's water 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, 00359247.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 water line, 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 water system. 1.04 Customer shall comply with all requirements of Sec. 44-3 Code of Ordinances, 2010 regarding the furnishing of water services outside the city limits, a copy of such Sec. 44-3 being attached hereto as Exhibit C. Failure to comply with any of these requirements shall give the City the option of terminating this Agreement. Article I1. Provision of Water Services 2.01 City agrees to sell Customer water service as required by Customer for domestic use on an as needed basis for one conmiercial business located on the Property. 2.02 The water 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 3.01 Customer agrees to pay City for all water services provided to Customer at the rate authorized by Chapter 44, Section 44-30, 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. 3.02 The City shall render a monthly bill to Customer for water services. Payment shall be made no later than the sixteenth (16`x') 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. 3.03 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. P) 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 use of the water supply 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 to pay a Water Impact Fee in the amount of Four Thousand Twenty-five dollars, $4,025.00, based on one living unit equivalent; and to pay all other fees applicable to water service. 4.04 Customer agrees and understands that the City's willingness to provide water service to the Property is expressly contingent on the Property continuing to be used for its current uses, namely an office and warehouse facility. 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. 4.05 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. 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 water service purchased herein to anyone else. 7.02 Customer 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 Customer of any of Cily's ordinances related to the use or disposition of water, 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 Water Service Agreement in two (2) counterparts, each of which will be deemed an original on this the '2, ) day of J K x, e , 2016. 4 TARK PROPERTIES, LLC By: Customer's Address: f�'231? p 1�.2Gf Si t -A iA S'-, ,� , `T y 7 e 7 17 CITY OIC' ,ODUNll ROCK, TEXAS By: !� ' ' Alan McGraw, Mayor Attest:,, d�gb4ywl"--L Sara White, City Clerk For Ci y, pprov d as to F rm: Step ian T Sheets, City Attorney ` T4RIf PMA' .MINOR PLr4T LOT 1/13LOCK A - 0.4985 AC/21,717 SO FT •+� 0.YE LOT FOR DEVELOPMENT USE -0.4988 AC AYV,W A AW GCfA A:L/A)7WS677 paAAC7 O /d AC L]'NIA M/F ST 50' ROW 2 1 J $ JJJ A2Y'N UJ7DPAL OCXyrtl/Nl57 AC21'57c/ OwArJ " 1171'34'12'f (2I7_ 1, 1; I I 1 LOT 2 1 13WCK A I I I IV NE f-574 42r6 7 �3,iiV7Aef.SiFWF� YcY/.3'TF77fL:0� e o SCVa r C 9.Ytl. 7AVSIff 00:/ iC43:AJI1J C-NICJ l.9SZl AC 0 lot I --- A&RTIN 14 MbRl �cH ,:0'ROW O mN $4 s FTTy-- ao�'. a "n g I ' LfW3' 2RCSS55; [P me/wiJN/637YJ lflN.r'J Sd'.A7 AC Sr CrJ.'J.'ER 6264 AC IIX 42711V^ 271 DRbcr Jicwrso cv)ZKf Of0 Ar 6IVA5 `MV, 10' PU- { 574/426 DRACT SNC i 1 1 I LOCATICH IFAP clot to eedo 4•�• ,QN yd" � Kd V A 4 t0 b -sl ap9� CSt N ��. Vdo IFGERO FRC FOUND 1/2' RM ROD W/CAI' FR FOVND 1 2. LRCM ROD SIRC SET 1/Y 1'I RCD w/CM LABZEO 'KATERL00 RPLS 4324' UTI U FY POLE G fn/E PUSUC ULUfl EASEMENT CPRACT CETOAL PUEUC RECOWS kMJJAYSUI CW:ITY TEXAS CACI WFY.7eL RECORDS WWANW1 COUNTY TEYAS PR4CT PLAT RECORDS WLUAVS'tl COUNTY 7EYAS (RECcv CAU.) BDJNOMY USE fJ10 NFR L'%! - -- EAStVVIT ME------------ eL SWONAYf: SFIMLE SEr OI UPdt ELEVAWI 814.80' NAI1159 PAYE OF BEGMSO POO EEA'bVC M1 - CEWRAL TEXAS ZONE STATE PLANE COW)NATES GRAPHIC SCALE 57 0 25 50 t 200 (INrm) T INCH - 50 FT. fIE1D NOTES FM 0.4946 ACRE(0.499) ACRE OF LAVO OUT OF AND A PART OF THE JACOB L. NIA4RELL SURELY. ABSTRA T A'0. 284. MWAVSON COUNTY. TEYAS, AND KIND A PORTION OF A 62.64 ACRE TRACT DE5029E0 N A PARTITION DEED RECORDED 114 DOCUMENT NO. 2005075456, CFRCUL RECORDS CXS)W TO TAW PROPERTIES LC0.. BY DEED RECORDED N DOCWFHT A0. 2015026894, OFFICIAL PUBW RECORDS YILLULSCH COUNTY, 710CAS. FCR WCH A MORE PARTVOUAR DESCRPrA4 BY W=AIL BOUNDS IS AS FOIlOFfS; BEGNMM of a sT- !matte mor. 1 f -d In the east Era of Canty Raad 174 a 100 foot P,V;: ROM, - cehq U-.. fIW tamer of a 1.9521 - tract 1-w,-4 to .% ma E. Carol, Tract., by deed recadrd in O -all Na 20050032]0, CIC,Cd Pltl% Recadl. fxthu Feng the SN mma of o 0.4986 avt(0.499 a.) one Iraq can.eye•J to Tock Pfolat'es. LLC, by dtt3 mwdid In Ooament 110. 201YR71,?t, Of`a;d P�L'a R -ed .,araal C-1/. 7 -&for t`e SE caner hvnt f,- e"th ppd.+l efih Dint, a 1/2' Men rW fou :d n the ...I Tia of ..*AC-dI tract I,- Sl7v49'E a1 o dslond .1 92-49 feel; TFOICE 1120'3348'!8 a'xg 0'4 Cwnty Real 172 for Sstasce of 97.85 feat to 0 1/2' von rpt ferid of Ile Sb - al 0 0.497 ave tract ca Meted to Ben Kern Uttud by deet --creel i, 0--t 110. 2011CH3761, 01RWf P�b'e Ra-crCs,r .• ba,g tF.e Ari cane of the huen drssbed treat 1- •'d1 p0,L a rotroad tpTe 1a 1 at the SR -'r el 0 0.18 arae tract a 11 to Rmdd A. cid L.- E Beech by deed retarded in Om -1 lea. 2C/)704661$. Cfficd Reeards, of the 10= rano of Ire hlastctol of L)mds S_e and Conly RCad l7Z b -s N20'23'53'W at a d:at- of 149.72 Net; THENCE N71J412'E Via 4aJth Fare d 1a14 Ltud tree[ far a e'stuce of 217.43 feet to o aO v Cmvete rr -n.n:mt fand n the .est Inc of ""'So care Cad carneyti to Nadso OIcra by deed e a 68 del In Va- 26, Pave T;5. Of0ool Rew4l, s -c berg the SW coria of r.'d Ulterd tract -.1 the NE caner of 04 her<n dt-4cJ frac@ THENCE S20'49'45'E do,4 sdd .811 free at Me Ortega tract far a d'stmce al 93.85 feel to o I/2' ►m rcd •IN cap rt at the UE eerier of the ofa,-C led C-1 trod, care birq V. SE comer of Va harm d,wbel tract tram .vim pdnl, a 1/2' Ir., red I .nd of V.4 59 c,- el sa;1 Ortega Mt. bees S20'49'51'E at a dyt- of M46 fact; TH1:CE S71.34'12'W da:q the curmm r.4 blt.ean Va [err Y tract a:d the teen Gsa2N frit for a eslmce of 217.1 fetl to the PONT OF ¢ECV!:0, cmtannq 0.4955 caa at True. mere a fess. OMVM LOT 1/BL= A -EARA PRCPERTIES, LLC EXHIBIT ACREAOL•0.4935 ACRE/21,717 SO FT t SURVEYOR: THWAS P. D Y04 RP,LS 4324 AWBFR CF BLOOM ONE BLOCK A WATER 00 SURLSYORS INC. y, tMAR FEET OF Ww STREETS NCAVE PO 001( 150176 RAT SUBATTAL DATE 12/8/2016 S AUSTIN ' TEXAS 78716-0716 DATE OF PLAWN0 AND 2CNN'0 WAISSON ItEVEFIT/6/Mli Phone: 512-481-5602 LLA 1E LTEVA71OtJ 81{bop f�A OL gC^v CA 172; wi N.water100rinC}Ols.<Nn LI• TBPL5 FlRU j 10124400 PATENT SUMEY; 0.4992 ACRES OUT OF TFC 4ACC-3 V. HARRELL SURLY ��yy ABSTRACT 1;0. 2G1. IR WWAUSOV COUNTY. TEXAS. J14612P CL e- E7NOWERNC2 LANGLEY ENCNEERNI. LLC. NWM OF LOTS BY TYPE; ONE LOT FOR DEI£LOPVEHT USE SHEET 1 OF 2 T14R.K PWRA' ffMOP PL4T STATE OF TDOLS : CCUNTY OF Y6l7AVSON s ATAK QIL V31 BY THM PFS S -NTS - MAT TA -RC FROPERTES LLC, A TEXAS CORPORAT.SN, AS TIE OVER CF THAT CERTAV O<SFS ACRE TRACT OP LAND OUT OF THE JA" V. IAMELL SURVEY, ABSTRACT TND. 234, G7 W2VAUSCN CCONTY, TEXAS, CON%EYEO TO US BY DEED RECYs7DED 01 DOCUVENT NO. 201502&94, OFFICIAL PUBLIC RECORDS. DO HEREBY CERTIFY THAT THERE ACE NO UEN HOAERS ACJ CM.CATE TO TAE PJELIC FCREVER THE USE OF THE STREETS, ALLEYS, EA5EUUITS ANO ALL OTHER LADS NTEIF.EO FOR FIVELIC DEDKCATIOH AS SHO001 HEREON 70 BE KNO611 AS TAXX PARK TAR< P.ICFERTIES LLC BY: AL % KHa}3)Z, 115 OU HTK N 6I�HWJt9O1 COLIHIY : 743 /ISS�MAI,EY�TT MORE VE GY TEE Zz-DAY o-�C_ '�1111C 1� ply A.P. �%AS�AC<VOn-EOCEO BY,_LA1.AA1 rw(Aa. VO'LAIENTS S:P. DAN THEREON WERE PROPERLY ACM UNDER DY PERSrrWk, SUPERVS'&I KOTAAr PVBUC. STATE OF TEXAS ROCiI, 2010 CDITID'I AS AVENiW. FR %-W HAVE- filfifti.t UNUM _; —6-L- T 0% zo%L. YY [OMSSOI FrFA7e'S:_�T_, THOVAS MOT RPl_S 4]24 AAl^�Aw r.4gY L_1,�war�Ax�o`nynr' M'ATFFOOO 9JRY.1DR5 INC. P -O. BOA ICGUS A.USTV. TEXAS 73716-0176 PHONE 561-9502 T}4Crs",LX D!<fiY Rj A. PROVED THS TPE SAY OF -- 201_A0.. BY THE CITY PLA.`N7:G AND ZC<:I;G CCNVSS•ON OF THE QTY CF ROUND ROCK, TEYAS, AND AUTHORIZED TO BE FILED FOR RECCRD BY THE COUNTY CLERK OF W'WAUSO•I COUNTY, TEAS. MVO PAVUSKA. CHA:RUAN ROAD HAVE AND ADDRESS AWISSVENTS %ERF.ED THS THE - DAY OF _— 201_AO, VILLIAYSYI COMFY AODRESSKG COORD14ATOR ENCINCERS CERTIRCADON 1, BROC< LANSLEY. DO HEREBY CENTI" I THAT THE WCCUATO4 CONTANEO C4 THIS PUT CCW -RUES MTM CHAPTER M, S:18DI%tiUNS, CODE OF OiD.NA'ICES, CITY OF RVIND RO7c. 2010 ElXWl AS AMOEO. AND THE DE5G4 AND CGNSTWCTCAI STAV.DAROS ADOPTED BY THE OTY OF RDJ%D ROCK. TEXAS. PIG DATE F s WNLtEY ENNO4EFR4C. LLC AB OCafiA+TOL><r 72001 !'� }ticiTi4" BASED CN THE REPPJESR.7ATOS OF T. -'E ENGNEER OR SURMICIR VN(M SEAL IS AIMED HERETO. A'O AFTER REVEIN OF THE PLAT AS PIEPiEYT ESED BY SAID ENONEM OR S,RVEYOR I FIND THAT TRIS PIAT CO FLIES WTH THE Wt UAVSON CClMjTY FLOO'DPLAN REOAAEO4S THIS CERtJ)CATION IS VADE SOLELY UPON SUCH REPRESENTATIONS AVO 54OA0 NOT'k RELIED VFCN FOR %ERFiCAT,ONS 0= THE FACTS ALLEGED. WWAUSON CCV4TY DSCLAUS L%Y RESPCNSEUTY TO ANY OEVBER OF THE PJ3JC FCR VOEPENJENT %£RFICATEOI OF THE REPR17SENYATCNS. FACTUAL OR OTVff #KM tVITAhEO IN TTS PLAT Ai0 THE DOMWE NTS ASSOCIATED WFH IT. IYLUAUSOY 7177 Fl.IXAPIJ:N ADUN•STRATCR 1F WATERLOO SUR%EYORS INC, PO BOX 160176 $ AUSTIN, TEXAS 78716-0716 PhoF,e: 512-481-9602 w•x.W alMoosJnnyOTacorn TSPLS FIRM+ 10124400 J14612P DATE SuRVETMIS QvTTFXArxN THAT I, THWAS P. D•XOI• DO HEF.EGY CERTIFY THAT THS PLAT NAS PREPARED rROU AN ACTUAL AND ACCURATE CN-7HE-CRGMD SJ.9%£Y OF THE UVD ANO THAT THE COINER VO'LAIENTS S:P. DAN THEREON WERE PROPERLY ACM UNDER DY PERSrrWk, SUPERVS'&I T.1 ACCORDANCE PATH CHAPTER K, SUBDVSO.S, CC -CE OF OTDNASCES, OTY OF ROJV3 ROCiI, 2010 CDITID'I AS AVENiW. _; —6-L- 12- 2 2 r THOVAS MOT RPl_S 4]24 A7 F M'ATFFOOO 9JRY.1DR5 INC. P -O. BOA ICGUS A.USTV. TEXAS 73716-0176 PHONE 561-9502 T}4Crs",LX D!<fiY Rj BASED ON THE REPRESENTAYGNS Q THE FNO\EER OR SUR%£YOR WHOSE SEAL IS AFI/10 HERETO. M] '7ER REV'EW CF THE FLAT AS REPNL<ENfEO BY SAD E NGXEM Oi ASIRYn- W I FIND THAT THIS SURVEY FLAT CCHPUES WTH THE RECOREVEITS OF EOKA97S AOJ-EA REOA.ATONS FOR WLUAU5Cll CO'I,ITY AND YILUAUSON COUNTY CN -SITE 5EW'AGE FACILITY REGVLATOKNS. MS CERT -CATION IS VADE SOLELY UPON SUCH REPRESDITAT,OIS A%D SHOAD NOT EE RELIED UPON FOR %TRF7CATONS OF T¢ FACTS ALLECJ:O, THE W'WAVSOEI COUNTY AI:D ORES HEALTH DSIR•CT (RCCFTD) AND WWAU504 COMITY CNSOAA ANY RESPONSSUTY TO ANY VEVEER Or T1+E PJ>JC FW INDEPENDENT NFRTICATION OF THE REPn'ERIITATRYIS FACTUAL CR OTHERNSE• OWTAAEO rl 71-5 PLAT AND TIr DOCWENTS ASMUATEO WTH IE }ECUTIV£ DRECTCA DATE Y:LUAVSO4 COLONTY AND OT1E$ HEALTH DiSCTTSCT CiAERAL NOTE& 1. SIDEWALKS SHALL BE CCNSTRUCTED IN ACCORDANCE WITH CHAPTER 35. SUIT)tMO7N4. CODE OF CRDNA.W--S CITY OF RORO ROCK, TEXAS. 2310, AS AUENDEO, AV WIN THE DESOH A%o COVS MOTION STANOARM 2 NO PCRT.O1 0= THS PLAT IS E7NCROACHEO BY ME ULTIVATE IX ANNUAL CHANCE FLOOOPLAN 7. A TER (10) FOOT PUE AND SOEKALK EASEUEHT ADJTTVO ANO AOCO THE STREET SOE ONES IS HEREBY DEDCATED FOR ALL STREET SLY PROPERTY LOTS SHORN HERECFL 4. NO PORTON OF T`:'S TRACT IS ENCROACHED BY ANY SPECIAL FLOOD HAZAR3 AREAS IN UNDATED BY TFE 111 ANWAL CHANCE FLOOD AS IDENTJ.EO BY THE U.S FEDERAL EVERCENCY VANACYAIDIT ACENCY BOUNDARY YAP (FLOOD INSURANCE RATE VAP) AWRER 4S491Os5S0E, EFFECT%£ DAT. SEPTEVIIER 26, 2005. FOR WLUAYSOH CCUNTY, TEXAS. S PTM SETBACKS ' ROOT 7E7UTIE5, 1010 %S Av jEpTM CHAPTER 45, 2ON4NO, CODE OF CORONA\CES, PLANS FOR WATER, WASTEWATER; AND STCRU DRAACE IYPROWNENTS MIST BE PRESENTED TO THE OSTRCT MC, APPROVED BY THE DISTRICTS ENO\EEA Pr7GR TO SE(i',NNC CONSTRUCTION ACTINTES ALL WATER WASTEWATER AND STOW DRA7ACE nl.ROF_VENTS VAY BE INSPECTED BY THE DSIRcl STATE OF TEXAS . )CTA7'N ALL MEN BY THESE PRESERTS : CcUPm OF WFUAVSM : THAT E NANCY FOSTER CLERK OF THE COUNTY COURT CF SCO COANTY, 00 HEREBY CERTIFY THAT THE FOREWhO INSTRNJENT W WRIVNO. W7H RS CERTIFICATION[ OF AU UMFIGATION MAS FLED FOR RECORD RE VY OFFICE ON TIFF— DAY CP 201— AO.. AT _____ O'CLOCK — .U- AND OAY RECORDED THE _ DAY OF 201 A 0. AT —_- VCLOOC — U, IN THE PIAT RECCFDS OF SAID CCU!1TY LY OOCUVEIr KO.- VAthTSS VY HAND AA SEAL OF THE COUNTY ODA- T OF SAD COUNTY, AT UY OFFICE CEORCETOAV, TEXAS. THE DATE LAST ABOVE WfiTTFN. NA\'CY R•STER. CLERK COUNTY COURT YIWAVSOH COUNTY. TEXAS BY: DEPUTY SKEET 2 OF 2 Legend caQ Y U Proposed Water Meter ----- Proposed Water Service 0 -E WATERLINES m E O O Q Date: 6/14/2016 N S SA PROPOSED WATER SERVICE m. & PROPOSED WATER METER 172 2502 CR 172 EXHIBIT B 2502 CR 172 Exhibit "C" 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, andlor 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. (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. 9 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-74029 Tark Properties LLC Austin, TX United States Date Filed: 06/21/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Tark Properties LLC Water Service 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Tark Properties LLC Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. aevMc.�..,�,r�rc_.mr a.s�a:rssr�xe•�s�� � JASON MILLER h,Jy COMMISSION EXPIRES July 16, 2018 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn o and subscribed before me, by the said /`�� C' this the of j� 20, to certify which, witness my hand and seal of office. LZ Signature of officer administering oath Printed name of officer administering oath Title of ot5eer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-74029 Date Filed: 06/21/2016 Date Acknowledged: 07/07/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tark Properties LLC Austin, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Tark Properties LLC Water Service 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Tark Properties LLC Austin, TX United States X 5 Check only if there is NO Interested Parry. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us version v1.u.iu21