R-08-12-18-7G4 - 12/18/2008RESOLUTION NO. R -08-12-18-7G4
WHEREAS, the City of Round Rock has previously entered into
an Interlocal Agreement with the City of Cedar Park for Interim
Water Supply, and
WHEREAS, the City now desires to enter into a First Amendment
to the Interlocal Agreement to extend the period of time that the
City will make interim water available to Cedar Park, 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 First Amendment to the Interlocal Agreement for
Interim Water Supply with the City of Cedar Park, a copy of same
being attached hereto as Exhibit "A" 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.
RESOLVED this 18th day of December, 2008.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\WDOX\RESOLUTI\R81218G4.DOC/rmc
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT
FOR INTERIM WATER SUPPLY
(2" REVISED; MAY, 2007)
THIS FIRST AMENDMENT ("First Amendment") is to that one certain Interlocal Agreement
for Interim Water Supply (2nd Revised; May, 2007) ("Agreement") and is made and entered into
this 13th day of November, 2008, by and between the City of Cedar Park ("Cedar Park") and the
City of Round Rock ("Round Rock"), collectively referred to herein as `'the Parties."
RECITALS
1. The Parties previously on February 10, 2006 entered into an Interlocal Agreement for
Interim Water Supply.
2. The Parties subsequently on August 10, 2006 entered into an Interlocal Agreement for
Interim Water Supply (Revised) which increased the amount of interim water service to be made
available to Cedar Park.
3. The Parties subsequently on May 25, 2007 entered into the Agreement which increased
the amount of interim water service to be made available to Cedar Park.
4. The Parties now wish to extend the period of time that Round Rock will make interim
water available to Cedar Park.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Unless the context clearly requires otherwise, terms used in this First Amendment shall
have the meaning as set forth in the Agreement.
ARTICLE TWO
AMENDMENTS
2.01 Section 3.01. Term of Agreement shall be amended to read as follows:
This Agreement shall be in effect until April 1, 2012. Upon mutual consent of
both parties, this Agreement may be extended.
EXHIBIT
"A"
ARTICLE III
MISCELLANEOIiS
3.01 To the extent necessary to effect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is
hereby ratified and confirmed.
3.02 This First Amendment may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies have caused this First Amendment to be duly executed as of the day and year
first above written.
Attest:
By:
LeAnn Quinn, City Secretary
Attest:
By:
Sara White, City Secretary
CITY OF CEDAR PARK, TEXAS
By:
Bob Lemon, Mayor
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
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DATE: December 11, 2008
SUBJECT: City Council Meeting — December 18, 2008
ITEM: 7G4. Consider a resolution authorizing the Mayor to execute Amendment No.
1 to the Interlocal Agreement for Interim Water Supply between the City
of Round Rock and the City of Cedar Park.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
The Interlocal Agreement for Interim Water Supply between the Cities of Cedar Park and Round
Rock was executed on May 24, 2007. Amendment No. 1 extends the period of time that Round
Rock will make up to four million gallons per day (MGD) of interim water available to Cedar
Park. This extension of time allows the completion dates of the Brushy Creek Regional Utility
Authority Water Treatment Plant and associated water lines to be delayed for an additional
year to the spring of 2012.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: City of Cedar Park
Background Information:
In order to provide Cedar Park 4 MGD, the City of Round Rock is in the process of completing
three Capital Improvement Projects. These projects include the RM 1431 36 -inch Water Line,
the RM 1431 2.0 MG Elevated Water Storage Tank, and the 7.5 MGD High Service Pump at our
Water Treatment Plant. Cedar Park agreed to contribute $1,000,000 toward these projects in
order for Round Rock to accelerate the project schedules.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
FIRST AMENDMENT TO THE INTERLOCAL AGREEM'ENT
FOR INTERIM 'WATER SUPPLY
2" REVSED; MAN LOO /1
TITUS FIRST \NTENDmENT rFirst Amendment-) is to that one certain Interlocal Agreement
tbr Intei-im Water Supplv (2"' Revised, T.',,,f.ay„ 2007) ("Agreement") and is made and entered into
this 13th, day of -November, 2008, by and between he Cit v of Cedar Park (Cedar Park") and the
GIN of Round Rock (Round Rock"), collectively referred to herein as the Parties."
RECIT A LS
The Parties previously on February 10. 2006 entered into an Interlocal M:Teement for
interim ',..'vater Supply.
The Parties subsequently on ugust 10, 2006 entered into an IntedOcai Agyeement for
-Interim Water Supply (Revised) which increa sed the amount of interim -water service to be made
..1\.:ailable. to Cedar Park.
. 7 .
The Parties subseduenthyr on May 25„ 2007 entered into the AW reement ,..vhich increased
roe nt of interim water service to be made available to Cedar Pa K.
he liarties no,,N, wish to extend the period of time that Round .Ruc
to Cedar Park.
make interim
HER.E.FORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round :Rock hereby contract and -.11.-iree as follows:
(
ARTICLE ONE
DEFINITIONS
Unless the context clearly requires otherwise terms used in this i\inendment shall
meaning as set forth in the IWIeement.
ARTICLE TWO
AMENDMENTS
Section 3 01. Term o13 Ayreernent shall be amended to read as fhllows-
Ihis Agreement shall he in effect until April 1 1.01). Upon rnu.tu{d consent of
;--ioth parties, this Agreement may be eteni.„- ed.
.4.RTICLE 111
MISCELLANEOUS
le
tie extent necessary to effect the terms and provisions of this First Amendment, the
Agreement is hereby amended and inodified. ln all other respects, the aforesaid Agreement is
hereby ratified and confirmed_
3.02 "fhis First Amendment may be executed in counterparts, each of v,zhich sha i be an
trial and ail of which tog.ether shall constitute but one and the same instrument.
IN WITNEQS. WHEREOF. the Parties hereto acting under authorily of their respective
y„overninQ. bodies have caused this Firsi. Amendment to be duly eNecuted as of the day and year
first above. written
LeAnn Quinn Secretary
•
k-19,ukt-
Sara City Secretarti
CiTY OF CEDAR PARK, 'TEXAS
13.ob fremion, .Mayor
CITY OF ROlir„VD ROCK, TEXS
Allan TivieGravi. Niavot
ARTICLE III
MISCELLANEOUS
3.01 To the extent necessary to effect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is
hereby ratified and confirmed.
3.02 This First Amendment may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies have caused this First Amendment to be duly executed as of the day and year
first above written.
Attest:
By��L2r.
LeAnn Quinn, City Secretary
Attest:
By:
Sara White, City Secretary
CITY OF CEDAR PARK, TEXAS
By:
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
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