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R-09-06-25-11B1 - 6/25/2009RESOLUTION NO. R -09-06-25-11B1 WHEREAS, the City of Round Rock ("City") has previously entered into a Water and Wastewater Agreement ("Agreement") with Walsh Ranch Municipal Utility District ("Walsh Ranch") by Resolution No. R -06-05-11-13C1; and WHEREAS, the City and Walsh Ranch now desire to enter into a First Amendment to the Agreement to amend Sections 4.03 and 5.02 regarding the reading of irrigation/construction meters and wastewater charges on irrigation and construction meters, 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 Walsh Ranch Municipal Utility District Water and Wastewater Agreement, 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 25th day of June, 2009. Cte Yvi ALAN MCGRAW, Mayor ATTEST: City of Round Rock, Texas ___91A4/0-1141(Aitt SARA L. WHITE, City Secretary 0:\wdax\SCC1nts\0112\0905\MJNICIPAL\R90625HI.DOC/rmC FIRST AMENDMENT TO WALSH RANCH MUNICIPAL UTILITY DISTRICT WATER AND WASTEWATER AGREEMENT STATE OF TEXAS COUTNY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: This First Amendment to Walsh Ranch Municipal Utility District Water and Wastewater Agreement (this "Amendment") is entered into as of the date last herein written by and between the CITY OF ROUND ROCK, TEXAS (the "City"), a home rule municipality located in Williamson County, Texas, and the WALSH RANCH MUNICIPAL UTILITY DISTRICT (the "District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Texas constitution and operating under the provisions of Chapter 54 of the Texas Water Code. WITNESSETH: WHEREAS, the City and the District entered into that certain Walsh Ranch Municipal Utility District Water and Wastewater Agreement (the "Original Agreement"), dated May 11, 2006, and approved by the City pursuant to Resolution R -06-05-11-13C1; and WHEREAS, the Original Agreement establishes rates and billing methods for water and wastewater service that is provided to the District by the City; and WHEREAS, under the Original Agreement, the billing method for determining the wastewater volume used by the District is to multiply the volume of water used by 70%; and WHEREAS, on or about September 10, 2008, the District notified the City that the District was being charged for sewer based on the volume of water that passed through 4 dedicated irrigation meters and 1 construction meter within the District, even though such water never entered the City's wastewater system; and WHEREAS, the District has requested that the City exclude the volume of water that passes through the irrigation meters from wastewater calculations, and that the City provide the District with a credit for its bills for wastewater changes on the irrigation meters, and the City is agreeing to such request, on the terms and conditions set forth herein; and NOW, THEREFORE, for and in consideration of the premises and the mutual obligations and benefits herein contained, the City and the District hereby agree as follows: 1. Reading Irrigation Meters. Section 4.03 of the Original Agreement is hereby amended to add the following quoted language to the end of Section 4.03: First Amendment to Walsh Ranch Municipal Utility District Water and Wastewater Agreement Page 1 EXHIBIT nAn DATE: June 18, 2009 SUBJECT: City Council Meeting — June 25, 2009 ITEM: 11B1. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Walsh Ranch Municipal Utility District Water and Wastewater Agreement. Department: Staff Person: Justification: Water and Wastewater Utilities Michael Thane, P.E., Director of Utilities Amendment No. 1 to the Water and Wastewater Agreement is amending Section 4.03 regarding the reading of irrigation/construction meters and Section 5.02 regarding wastewater charges on irrigation and construction meters. The MUD will read all dedicated irrigation and construction meters monthly and report the readings to the City every City billing cycle. The City has the right to read these readings and to reconcile any discrepancies, if necessary. Section 5.02 is amended to affirm that the MUD will not pay wastewater charges based on the volume of water that passes through an irrigation or construction meter. The MUD has requested that the City exclude the volume of water that passes through the irrigation/construction meters from wastewater calculations and to be credited for its past bills for wastewater charges on the irrigation/construction meters. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The original agreement, which was entered into May 11, 2006, established rates and billing methods for water and wastewater services that are provided to the MUD by the City. The billing method for determining the wastewater volume is to multiply the volume of water used by 70%. In September 2008, the City was notified by the MUD that they were being charged for sewer based on the volume of water that passed through four dedicated irrigation meters and one construction meter, even though the water never entered the City's wastewater system. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS FIRST AMENDMENT TO WALSH RANCH MUNICIPAL UTILITY DISTRICT WATER AND WASTEWATER AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON This First Amendment to Walsh Ranch Municipal Utility District Water and Wastewater Agreement (this "Amendment") is entered into as of the date last herein written by and between the CITY OF ROUND ROCK, TEXAS (the "City"), a home rule municipality located in Williamson County, Texas, and the WALSH RANCH MUNICIPAL UTILITY DISTRICT (the "District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Texas constitution and operating under the provisions of Chapter 54 of the Texas Water Code. WITNESSETH: WHEREAS, the City and the District entered into that certain Walsh Ranch Municipal Utility District Water and Wastewater Agreement (the "Original Agreement"), dated May 11, 2006, and approved by the City pursuant to Resolution R -06-05-11-13C1; and WHEREAS, the Original Agreement establishes rates and billing methods for water and wastewater service that is provided to the District by the City; and WHEREAS, under the Original Agreement, the billing method for determining the wastewater volume used by the District is to multiply the volume of water used by 70%; and WHEREAS, on or about September 10, 2008, the District notified the City that the District was being charged for sewer based on the volume of water that passed through 4 dedicated irrigation meters and 1 construction meter within the District, even though such water never entered the City's wastewater system; and WHEREAS, the District has requested that the City exclude the volume of water that passes through the irrigation meters from wastewater calculations, and that the City provide the District with a credit for its bills for wastewater changes on the irrigation meters, and the City is agreeing to such request, on the terms and conditions set forth herein; and NOW, THEREFORE, for and in consideration of the premises and the mutual obligations and benefits herein contained, the City and the District hereby agree as follows: 1. Reading Irrigation Meters. Section 4.03 of the Original Agreement is hereby amended to add the following quoted language to the end of Section 4.03: First Amendment to Walsh Ranch Municipal Utility District Water and Wastewater Agreement Page 1 v,,0i/o (..i.- Lt8 ( "The District shall read all irrigation and construction meters within the District on a monthly basis, and shall promptly report those readings to the City every City billing cycle. The City shall have the right, at all times, to read the District's irrigation and construction meter readings and to reconcile any discrepancies. 2. No Wastewater Charges on Irrigation Meters. Section 5.02 of the Original Agreement is hereby amended to add the following quoted language to the end of Section 5.02: "The District shall not pay wastewater charges based on the volume of water that is used for irrigation purposes that passes through an irrigation meter, or construction purposes that passes through a construction meter. Within thirty (30) days after the date this Amendment is approved by both the City and the District, the City shall provide the District with a credit to its bill for (a) 100% of all wastewater charges that were based on the volume of water that passed through the District's 4 irrigation meters and 1 construction meter after September 10, 2008, and (b) 50% of all wastewater charges that were based on the volume of water that passed through the District's 4 irrigation meters and 1 construction meter from June 1, 2008 to September 10, 2008." 3. The City and the District acknowledge and agree that the Original Agreement is hereby ratified, and shall remain in full force and effect, unmodified except as set forth herein. Except as may be set forth herein, capitalized terms shall have the same meaning as set forth in the Original Agreement. IN WITNESS WHEREOF, the City and the District, acting under the authority of their respective governing bodies, have caused multiple copies of this Amendment to be duly executed, each of which to be of equal dignity, as of the Vi -day of (14:e1 , 20(P Attest: By: .631/144/L RAVU. Name: Title: City of Round Rock Texas By: )1'1 ✓i - Name: Wm M N/ Title: M Pe - First Amendment to Walsh Ranch Municipal Utility District Water and Wastewater Agreement Page 2 Attest: By: Name: Title: C1c444e:b /'&fdv SISTA IJI" - 124-- 1u -I Walsh Ranch M nicipal Utility District By: Name: Title: First Amendment to Walsh Ranch Municipal Utility District Water and Wastewater Agreement Page 3