R-08-10-23-12E4 - 10/23/2008RESOLUTION NO. R -08-10-23-12E4
WHEREAS, the City of Round Rock ("City"), the Bureau of
Reclamation, Lower Colorado River Authority, Brazos River Authority,
City of Georgetown, City of Cedar Park, and City of Leander
("Parties") agree to enter into a regional partnership to plan,
design, and construct permanent facilities to reclaim and reuse
water in Williamson County, and
WHEREAS, the City wishes to enter into a Memorandum of
Understanding with the Parties for the Williamson County Water Reuse
Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Memorandum of Understanding with the Parties, a
copy of same being attached hereto as Exhibit "A" and incorporated
herein.
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.
RESOLVED this 23rd day of October, 2008.
ALAN MCGRAW, Mayor
ATTEST•�,�, A re ();,-,E--t City of Round Rock, Texas
SARA L. WHITE, City Secretary
0:\WDOX\RESOLUTI\R81023E4.DOC/rmc
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MEMORANDUM OF UNDERSTANDING
NO. 09AG602350
FOR
WILLIAMSON COUNTY WATER REUSE PROJECT, TEXAS
This Memorandum of Understanding is between the Bureau of Reclamation, Lower Colorado
River Authority, Brazos River Authority, City of Round Rock, City of Georgetown, City of
Cedar Park, and City of Leander. These parties agree to enter into a regional partnership to plan,
design, and construct permanent facilities to reclaim and reuse water in Williamson County,
Texas under the authority of Public Law (P.L.) 102-575, as amended by P.L. 108-316. The
purpose of this MOU is to (1) identify the overall scope of work and responsibilities of
participating partners, (2) provide an overview of Reclamation Title XVI Program requirements,
and (3) describe the specific methods by which Reclamation will be distributing appropriated
Federal funds. The parties hereby agree to abide by the terms and provisions expressed or
referenced herein.
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EXHIBIT
5 vie
I. BACKGROUND AND OBJECTIVE
The Bureau of Reclamation's (Reclamation) water reclamation and reuse program
was authorized by the Reclamation Wastewater and Groundwater Study and
Facilities Act of 1992 (Title XVI of Public Law 102-575). Also known as Title
XVI, the Act directs the Secretary of the Interior to undertake a program to
investigate and identify opportunities for water reclamation and reuse. The Act
also provides authority to conduct research and to develop technologies for
desalting and reclamation of naturally impaired ground and surface waters. As
well, the Act authorized Reclamation to participate in the construction of five
recycling projects. Congress has since amended Title XVI several times with
other pieces of legislation; currently, there are about 45 projects authorized for
construction in nine states.
The Williamson County Water Recycling Act of 2004 (P.L. 108-316) amended
P.L. 102-575 and authorized Reclamation to participate in the planning, design,
and construction of permanent facilities to reclaim and reuse water in Williamson
County. To date, four municipalities have expressed interest obtaining Federal
funds under this authority. These include the cities of Round Rock, Georgetown,
Cedar Park, and Leander. These entities, along with representatives from the
Lower Colorado River Authority (LCRA) and Brazos River Authority (BRA), met
with Reclamation in June 2008 to discuss Reclamation's Title XVI Program
requirements. The parties have since agreed to form a partnership under the
purview of a Memorandum of Understanding (MOU) for implementation of the
Williamson County Water Reuse Project. The purpose of the MOU is to identify
(1) the overall scope of work and responsibilities of participating partners, (2)
Reclamation Title XVI Program requirements, and (3) the specific methods by
which Reclamation will be distributing appropriated Federal funds.
II. SCOPE OF WORK
The Williamson County Water Reuse Project (Project) is defined as the planning,
design, and construction activities associated with facilities to reclaim and reuse
water in Williamson County, Texas. The Williamson County Water Reuse
partnership (partnership) consists of Reclamation, LCRA, BRA, and all cities in
Williamson County wishing to obtain Federal funds under authority of P.L. 102-
575, as amended by P.L. 108-316.
III. RESPONSIBILITIES OF PARTIES
The terms and conditions of each party's cost-sharing agreement (cooperative
agreement) will outline the specific roles and responsibilities associated with each
City's project. For the purposes of the MOU, the parties agree to the following:
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The U.S. Bureau of Reclamation agrees to be a cooperating partner and to
manage, administer, and distribute Federal funding pursuant to requirements set
forth under P.L. 102-575, and amendments thereof, including P.L. 108-316.
The Lower Colorado River Authority agrees to be a cooperating partner and to
provide technical or administrative assistance on Title XVI program
implementation when requested.
The Brazos River Authority agrees to be a cooperating partner and to provide
technical or administrative assistance on Title XVI program implementation when
requested.
The City of Round Rock agrees to be a cooperating partner and to provide
technical or administrative assistance on Title XVI program implementation when
requested. This may include sharing project information, such as planning,
design, and construction costs with other participating partners in order to
facilitate implementation of the regional Williamson County Water Reuse Project.
The City of Georgetown agrees to be a cooperating partner and to provide
technical or administrative assistance on Title XVI program implementation when
requested. This may include sharing project information, such as planning,
design, and construction costs with other participating partners in order to
facilitate implementation of the regional Williamson County Water Reuse Project.
The City of Cedar Park agrees to be a cooperating partner and to provide
technical or administrative assistance on Title XVI program implementation when
requested. This may include sharing project information, such as planning,
design, and construction costs with other participating partners in order to
facilitate implementation of the regional Williamson County Water Reuse Project.
The City of Leander agrees to be a cooperating partner and to provide technical
or administrative assistance on Title XVI program implementation when
requested. This may include sharing project information, such as planning,
design, and construction costs with other participating partners in order to
facilitate implementation of the regional Williamson County Water Reuse Project.
Note: This MOU may be amended at any time to include additional cities in
Williamson County wishing to receive Federal funding under the Title XVI
Program. See Terms of Agreement (Section VI).
IV. TITLE XVI PROGRAM REQUIREMENTS
Section 1631 of P.L. 102-575 states that funds may not be appropriated for the
construction of any authorized project until after:
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1. The Secretary has approved a cooperative agreement with the non -Federal
project sponsor which commits the sponsor`to funding its proportionate
share of project costs.
2. An Appraisal Investigation and Feasibility Study that complies with the
provisions of Sections 1603 and 1604 have been completed by the
Secretary or the non -Federal project sponsor.
3. The Secretary has determined that the non -Federal project sponsor is
financially capable of funding its proportionate share of project costs.
Note: Reclamation's approval of Federal funds for construction of a Title XVI
project constitutes a Federal action, and is therefore subject to compliance with
the National Environmental Policy Act (NEPA). NEPA compliance requirements
are also outlined in this MOU.
Cooperative Agreement Requirements
Project sponsors have the option of entering into a cooperative agreement with
Reclamation for planning studies only (i.e., Appraisal and/or Feasibility Report),
or for combined activities associated with planning, design, and construction.
Either option will depend on the project's status, as well as the level of
commitment each City is willing to make to fund its proportionate share of project
costs. It is important to note that the cooperative agreement for the planning
phase in no way obligates the project sponsor to enter into an agreement for the
construction phase of the project. Similarly, the sponsor may discontinue the
planning and/or construction agreements at any time as long as it contributes 75
percent of accrued costs to date.
Project partners have agreed that the most efficient method of funding distribution
would be through multiple cooperative agreements between Reclamation and each
participating entity for its proportionate share of planning, design, and
construction expenses. In other words, Reclamation would enter into a
cooperative agreement with the City of Round Rock for activities associated only
with Round Rock's Title XVI project. Separate cooperative agreements would be
executed for projects with other cities.
Overall, Title XVI cooperative agreements will follow the same general structure
and format and contain similar mandates and stipulations. It is the responsibility
of each sponsor to meet the requirements of its particular agreement.
Appraisal Investigation and Feasibility Study Requirements
Title XVI projects that have not been authorized for construction are required to
undertake both Appraisal Investigation and Feasibility Studies. However, Title
XVI projects that do have construction authority (as is the case with Williamson
County projects authorized under P.L. 108-316) are not required to undertake an
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Appraisal Investigation and should proceed directly to a Feasibility Study. In
order to accommodate this course of action, Reclamation designed the Feasibility
Study requirements to include all Appraisal requirements set forth in Section 1603
of P.L. 102-575.
A Feasibility Study contains a detailed analysis of the preferred alternative,
including cost -benefits relative to the no action alternative and a justification of
why the preferred alternative is selected in terms of meeting objectives, demands,
needs, cost-effectiveness, etc. Under P.L. 102-575, Reclamation's share of
Feasibility Study costs is no more than 50 percent, the cost of which count
towards the total project cost. Generally, Reclamation applies the 50 percent cost -
share to unauthorized projects or for authorized projects where sponsors are
unsure as to whether the project will proceed towards construction. However, if
these projects are eventually constructed under Title XVI authority, Reclamation
will reduce its proportionate share of construction costs by any amount incurred
during Feasibility that would cause Reclamation to exceed its maximum
authorized share of 25 percent. Following this rationale, in the case where a
sponsor is authorized but is certain that construction activities will occur after
Feasibility, Reclamation will limit its share of Feasibility Study costs to 25
percent.
Reclamation has strict requirements on the content and review of Feasibility
Studies. These are outlined in Reclamation's Directives and Standards (WTR 11-
01), Title XVI Water Reclamation and Reuse Program Feasibility Study Review
Process. The Feasibility Study may be conducted by the project sponsor or their
designated third party contractor. The Feasibility Study process will conclude
only when Reclamation has notified a City that the Feasibility Report is complete
and meets all requirements established in WTR 11-01 and P.L. 102-575.
Determination of Financial Capability
Reclamation will not provide funds for construction of an authorized Title XVI
project until it has determined that the project sponsor has adequately
demonstrated its financial capability of paying for its proportionate share of
project costs. If a sponsor is preparing a Feasibility Report, the minimum
requirements to show financial capability are:
1. Proposed schedule for project implementation;
2. A statement or discussion on the willingness to pay for its share of capital
costs and the full operation, maintenance, and replacement costs;
3. A Funding Plan that outlines the project's construction, operation,
maintenance, and replacement costs, including an analysis of how the
project sponsor will pay for these costs;
4. Description of all Federal and non -Federal sources of funding and any
restrictions on such sources.
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If a sponsor wishes to proceed directly to design and construction after Feasibility,
then a more complete analysis of financial capability would need to be provided in
the Feasibility Report itself, or as an appendix. A more detailed analysis of
financial capability would include an evaluation of debt, general indicators of
economic well-being, fmancial management indicators, and the impact of
alternatives on water/wastewater rates. Some specific examples are provided
below.
Two debt indicators, bond rating and overall net debt, are useful for assessing the
current debt burden and the ability to issue new debt. Overall net debt is debt
repaid by property taxes in the water user service area. This indicator includes
debt directly issued by local jurisdictions and by overlapping entities, such as
school districts, but excludes debt repaid by special user fees. The level of debt
owed by the service area population is compared to the full market value of real
property used to support that debt. This ratio serves as a measure of financial
wealth in the community's service area.
Socio-economic indicators can be used to assess general economic well-being of
the community. General indicators include income, poverty rate, population
growth, and employment projections. The financial management indicators
include property tax revenues as a percentage of full market property value and
the property tax revenue collection rate. Together these are indicators of the
property tax burden. The collection rate is a measure of the efficiency of the tax
collection system and the acceptability of given tax levels to residents.
Finally, the effect of alternatives considered on water or wastewater rates and
average bills paid compared to current rates and costs can be used to evaluate the
potential for rate shock on water users.
Reclamation will notify each City on whether it has determined it financially
capable of funding its proportionate share of project costs.
NEPA Compliance Requirements: An Overview
Reclamation's approval of Federal funds for construction of a Title XVI project
constitutes a Federal action, and is therefore subject to compliance with the
National Environmental Policy Act (NEPA). NEPA and accompanying Council
on Environmental Quality (CEQ) regulations require Reclamation to determine
and disclose the environmental impacts of its proposed actions prior to
implementing the proposed actions. CEQ regulations for implementing NEPA
also require integration with other environmental review procedures required by
law. These include, but are not limited to, Endangered Species Act (ESA), Fish
and Wildlife Coordination Act (FWCA), Clean Water Act (CWA), National
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Historic Preservation Act (NHPA), and other environmental or cultural
requirements, as well as Native American and environmental justice requirements.
The level of NEPA documentation typically depends on the scope of the project.
Most Title XVI construction projects will require, at a minimum, an
Environmental Assessment (EA). An EA should contain a brief discussion of the
purpose and need for the Title XVI project, alternatives to the proposal, the
environmental impacts of the proposed Title XVI project and other alternatives,
and a list of agencies and persons consulted. Most importantly, the EA should
provide sufficient evidence and analysis for a determination on whether to prepare
an Environmental Impact Statement (EIS). An EIS provides a more in depth
analysis of significant environmental impacts and informs decision -makers and
the public of alternatives which would avoid or minimize adverse impacts or
enhance the quality of the environment. If an EIS is not required, then
Reclamation will prepare a Finding of No Significant Impact (FONSI), which
briefly explains the reasons why the Title XVI project would not have a
significant effect on the environment and, therefore, why an EIS will not be
prepared. If an EIS is required, which may be the case with more complex Title
XVI projects, or those projects resulting in potential uncertain or controversial
impacts, Reclamation must file a Notice of Intent in the Federal Register
informing the public of its decision to prepare an EIS. An EIS culminates in a
Record of Decision (ROD), whereby Reclamation informs the public of its
decision on whether to implement the proposed action.
Cities are encouraged to contact Reclamation for further information on NEPA
requirements and the level of NEPA documentation needed for their Title XVI
project.
NEPA Compliance Requirements: Feasibility Reports
Reclamation will not provide funds for construction of an authorized Title XVI
project until NEPA compliance documentation has been completed. If a sponsor
wishes to proceed directly to construction after Feasibility, NEPA documentation
must be provided in full within the Feasibility Report itself. If a sponsor is not
ready to proceed towards construction, then NEPA documentation may be
prepared at a later date, but before construction. In this particular case, the
Feasibility Report must include sufficient information on each alternative to allow
Reclamation to assess the potential measures and costs that may be necessary to
comply with NEPA and any other applicable Federal laws. Reclamation's
Directive and Standard (WTR 11-01), Title XVI Water Reclamation and Reuse
Program Feasibility Study Review Process, provides a summary of environmental
considerations that must be taken into account as part of the Feasibility Report.
NEPA Compliance Requirements: Construction
Reclamation will not provide funds for construction until all NEPA and other
environmental requirements have been met. If a project sponsor proceeds with
construction prior to the completion of NEPA compliance, and without
Reclamation's approval, Reclamation may disallow any associated costs that the
project sponsor incurs from Federal funding.
Certain non -construction activities carried out prior to the completion of NEPA
compliance documentation may be eligible for funding provided that these
activities will not adversely affect the human and/or natural environment or
selection of the preferred alternative. Project sponsors are advised to consult with
Reclamation prior to proceeding with such activities to determine whether they
will adversely affect the human and/or natural environment or the selection of the
preferred alternative. Consultation can only reduce the risk of such activities
becoming ineligible for Federal funding. Reclamation cannot formally review the
eligibility of such activities until NEPA compliance has been completed.
Construction Initiation:
A Title XVI project sponsor may not complete final design or initiate construction
activities until it has been notified in writing by Reclamation that all Title XVI
Program requirements have been met. Exhibit A illustrates the Title XVI
process for projects authorized by P.L.108-316.
Exception
In some cases, project sponsors may be approved by Reclamation to incur
"Preaward" construction costs before the execution of a construction cooperative
agreement. This is only an option for those sponsors wishing to enter into
separate cooperative agreements for planning and design/construction. The
benefit is that construction may begin while the cooperative agreement paperwork
is being prepared and processed. However, in order to qualify for reimbursement
of Preaward costs, all of the following criteria must be met: (1) all other Title
XVI requirements must be met, including completion of a Feasibility Report,
NEPA compliance, and financial capability; (2) the cost of such activities does not
exceed 25 percent of the total cost of construction; and (3) Reclamation provides
advance approval. Once approved, the estimated Preaward costs will be included
as part of the construction cooperative agreement.
Project modifications
Reclamation understands that project scopes may change in the future.
Reclamation will work with project sponsors to expeditiously modify either
agreements to include any such modifications. Project modifications would
necessarily reflect any subsequent budgetary changes and cost commitments, and
have to address compliance with NEPA. Substantial changes to the project scope
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as defined in the final NEPA document must be approved by Reclamation before
initiating any such changes.
V. DISTRIBUTION OF FEDERAL FUNDS
Pursuant to P.L. 102-575, as amended by P.L. 108-316, Reclamation is authorized
to provide up to 25 percent of the total project cost or $20 million, whichever is
less. Reclamation will not provide funds for the operations and maintenance of
any authorized project.
Title XVI Cost -Ceiling
The $20 million Federal cost -ceiling applies to the cumulative total for all Title
XVI projects authorized under P.L. 108-316. Based on initial cost estimates
provided by cities in the MOU, Reclamation does not foresee reaching the $20
million ceiling. However, if in the future a City (either new or existing under the
MOU) wishes to obtain Federal funds for a project under P.L. 108-316, and
Reclamation's proportionate share would result in exceeding the $20 million cost -
ceiling, then Reclamation would have to renegotiate its proportionate share of
costs with all other project sponsors that have executed cooperative agreements.
At that time, in cooperation with MOU partners, Reclamation will develop a
funding distribution process that accommodates the addition of future projects
while maintaining the Federal cost -share below $20 million.
Federal Reimbursement
Reclamation will administer the Title XVI Program on a reimbursement basis,
with each City submitting quarterly requests for payment pursuant to stipulations
outlined in each City's cooperative agreement. If appropriations are made by
Congress in advance of project expenditures, Reclamation will obligate enough
funds each quarter to pay reimbursement requests that are submitted to
Reclamation. If multiple agreements are in place, Reclamation will rank those
agreements based on the date of agreement execution; the earlier the date of
execution, the higher the rank. Reimbursement requests from higher ranked
agreements will be paid first, with no more than two thirds any one year's
available funding paid to any one City. The next highest ranked requests would
then be paid until all reimbursement requests have been paid in full or until funds
have been exhausted, whichever comes first. However, if no other reimbursement
requests from other City's have been submitted, or if at the end of the fiscal year
all other quarterly requests have been paid and funds remain, the funding limit
will be lifted. If funds still remain after paying all outstanding reimbursement
requests, those funds may be carried over to the next fiscal year (if possible) or
obligated based on projections outlined in each sponsor's Work Plan and Budget'.
' Under terms of each construction cost-sharing agreement, sponsors are required to submit an
Annual Work Plan and Budget, which identifies the anticipated work accomplishments and
estimated expenditures for each reporting period for that fiscal year.
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If project expenditures "outpace" Federal funding, and Reclamation is unable to
repay its proportionate share of project costs for a particular quarter(s) (this may
occur for multiple quarters, depending on funding levels), then sponsors have two
options: (1) discontinue activities until further appropriations are made or (2) pay
100 percent of all project costs, in advance, up until the project is completed.
Once appropriations are made by Congress, Reclamation will pay each individual
quarterly reimbursement request, beginning with the oldest, highest ranking
request, with no more than two-thirds of any one year's available funding will be
paid to any one City. Again, if no other reimbursement requests from other City's
have been submitted, or if at the end of the fiscal year all other quarterly requests
have been paid and funds remain, the funding limit will be lifted. If appropriated
funds are not sufficient to pay all reimbursement requests for a particular quarter,
Reclamation will resume payment of that quarter's requests before moving to the
next quarter (if or when funds become available).
Appropriation of Federal Funds
Reclamation's ability to reimburse project costs is contingent upon the
appropriation of funds by Congress. It is impossible to speculate how long, if
ever, Congressional appropriations may take, so there is a level of risk associated
with a sponsor incurring advanced expenditures with the intent on being
reimbursed by Reclamation.
VI. TERMS OF AGREEMENT
Period
This MOU will expire on September 30, 2018 or upon termination of all cost
share agreements with all sponsors, whichever comes first.
Termination
Before terminating the cost share agreement, Reclamation will verify that
construction is complete and that the funds were used for the authorized purpose.
Amendments
This MOU may be extended or amended at any time by written consent of the
designated representatives of the parties hereto, provided justification is given to
the other parties and accepted. This MOU is renegotiable upon agreement of all
parties.
Exception
Reclamation reserves the right to unilaterally modify the MOU to allow
participation of other entities in Williamson County wishing to obtain Federal
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funds under the authority of P.L. 108-316. This would be done in coordination
with existing MOU partners.
Liability
Effective on the date of conveyance, the Cities will hold the United States
harmless and will indemnify the United States for any and all claims, costs,
damages, and judgments of any kind arising out of any act, omission, or
occurrence related to the Projects, except for such claims, costs, or damages
arising from acts of negligence committed by the United States or by its
employees, agents, or contractors prior to the date of conveyance for which the
United States is found liable under the Federal Tort Claims Act, 28 U.S.C. 2671.
VII. REQUIRED CLAUSES
During the performance of this MOU, the participants agree to abide by the terms
of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of race, color, religion, sex, or national origin.
No member or delegate to Congress, or resident Commissioner, shall be admitted
to any share or part of this MOU or to any benefit arising from it. However, this
clause does not apply to this MOU to the extent that this MOU is made with a
corporation for the corporation's general benefit.
VIII. CONFIDENTIALITY
Partners agree to make information available to one another that would assist in
implementation of the Williamson County Water Reuse Project. This may
include sharing information related to project work plans, budget, and costs.
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EXHIBIT A
Ready to Proceed with
Construction
Execute Cooperative
Agreement for Planning,
Design, and Construction
Appraisal Investigation
Report (optional)
Feasibility Report that
includes NEPA Compliance
and Financial Capability
•
/ 1
Notification from
Reclamation that all Title
XVI Requirements have
been met.
•
J
•
Construction May
Begin
Title XVI Process for Projects
Authorized by P.L. 108-316
Not Ready to Proceed with
Construction
Execute Cooperative
Agreement for Planning
Only
Appraisal Investigation
Report (optional)
/OR\
Feasibility Report that
includes NEPA Compliance
and Financial Capability
Feasibility
Report
NEPA
Compliance
Financial
Capability
•
"Preaward" Construction Activities
May Begin, if Approved
•
Execute Cooperative agreement for Design and
Construction
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Notification from
Reclamation that all
Title XVI Requirements
have been met
\
Construction May
Begin
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MEMORANDUM OF UNDERSTANDING
NO. 09AG602350
FOR
WILLIAMSON COUNTY WATER REUSE PROJECT, TEXAS
Alan McGraw, Mayor
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Signature
Date
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MEMORANDUM OF UNDERSTANDING
NO. 09AG602350
FOR
WILLIAMSON COUNTY WATER REUSE PROJECT, TEXAS
Mark Trevino, Area Manager
U.S. Bureau of Reclamation
5310 Highway 290 West, Suite 510
Austin, Texas 78735
Signature
Date
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MEMORANDUM OF UNDERSTANDING
NO. 09AG602350
FOR
WILLIAMSON COUNTY WATER REUSE PROJECT, TEXAS
George G. Garver, Mayor
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
Signature
Date
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MEMORANDUM OF UNDERSTANDING
NO. 09AG602350
FOR
WILLIAMSON COUNTY WATER REUSE PROJECT, TEXAS
Anthony Johnson, City Manager
City of Leander
P.O. Box 319
Leander, Texas 78646
Signature
Date
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MEMORANDUM OF UNDERSTANDING
NO. 09AG602350
FOR
WILLIAMSON COUNTY WATER REUSE PROJECT, TEXAS
Robert S. Lemon, Mayor
City of Cedar Park
600 North Bell Boulevard
Cedar Park, Texas 78613
Signature
Date
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MEMORANDUM OF UNDERSTANDING
NO. 09AG602350
FOR
WILLIAMSON COUNTY WATER REUSE PROJECT, TEXAS
Phil Ford, General Manager/CEO
Brazos River Authority
P.O. Box 7555
Waco, Texas 76714
Signature
Date
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MEMORANDUM OF UNDERSTANDING
NO. 09AG602350
FOR
WILLIAMSON COUNTY WATER REUSE PROJECT, TEXAS
999
Lower Colorado River Authority
999
Austin, Texas 78735
Signature
Date
DATE: October 16, 2008
SUBJECT: City Council Meeting — October 23, 2008
ITEM: 12E4. Consider a resolution authorizing the Mayor to execute a Memorandum
of Understanding between the Bureau of Reclamation, City of Round
Rock, Lower Colorado River Authority, Brazos River Authority, and other
cities in the Williamson County Water Reclamation and Reuse Project.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
The City of Round Rock has plans to expand the existing reuse water system. By entering into
this Memorandum of Understanding (MOU) with the Bureau of Reclamation, LCRA, BRA, and
other Williamson County Cities, each individual Williamson County City is responsible for
obtaining an agreement with the Bureau of Reclamation to fund their reuse projects. In the
initial Federal Legislation (Public Law 102-575, Title XVI, Section 1621, as amended), LCRA was
named as the contract administrator. LCRA has agreed as stated in the MOU) to turn the
responsibility of managing the agreements over to the individual cities that have projects with
the Bureau of Reclamation.
Funding:
Cost: N/A
Source of funds: Self Financed Utility Fund
Outside Resources: United States Federal Bureau of Reclamation
Background Information:
The City Council approved the funding agreement with the Bureau of Reclamation at the
September 25, 2008 council meeting. The agreement establishes the City of Round Rock as the
direct manager for working with the Bureau of Reclamation for recovering up to 25% of the
qualified project expenses for reimbursement. The agreement also spells out the requirements
for qualifying a project for reimbursement.
Public Comment: N/A