R-09-12-03-8D2 - 12/3/2009RESOLUTION NO. R -09-12-03-8D2
WHEREAS, the Cities of Round Rock, Austin, and Cedar Park (the
"Cities"), and the Lower Colorado River Authority ("LCRA"), entered
into a Purchase Agreement on September 10, 2009, whereby the LCRA
agreed to transfer the Brushy Creek Regional Wastewater System
("BCRWWS") to the Cities on or about December 8, 2009, and
WHEREAS, the City Council of the City of Round Rock wishes to
authorize the Mayor to execute any and all documents required for
said transfer, 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 any and all documents required for the transfer
of the BCRWWS from LCRA to the Cities, including but not limited to
an Agreement Terminating the Wastewater Disposal Contract and a
Termination of Interceptors Contract, copies of same being attached
hereto as Exhibits "A" and "B" respectively.
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.
O:\wdox\SCC1nts\0112\0905\MUNICIPAL\R91203D2.DOC/rmc
RESOLVED this 3rd day of December, 2009.
ATTEST:
7/V144A---
SARA . WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
TERMINATION OF WASTEWATER DISPOSAL CONTRACT
WHEREAS, the Brazos River Authority ("Brazos"), the Lower Colorado River
Authority ("LCRA"), the City of Round Rock ("Round Rock"), the City of Cedar Park
("Cedar Park") and the City of Austin ("Austin") entered into that certain "Wastewater
Disposal Contract" dated October 1, 2000, as amended ("Contract"), for the purpose of
providing wastewater services through the Brushy Creek Regional Wastewater System
("System");
EXHIBIT
a 'An
3
WHEREAS, LCRA, Round Rock, Cedar Park and Austin entered into the
"Purchase Agreement for the Brushy Creek Regional Wastewater System" dated
September 10, 2009 ("Purchase Agreement"), by which LCRA agreed to sell the System
to Round Rock, Cedar Park and Austin;
WHEREAS, Brazos, LCRA, Round Rock, Cedar Park and Austin desire to
terminate the Contract because of the sale of the System effective December 8, 2009, in
accordance with the Purchase Agreement, provided that Brazos acknowledges receipt
from LCRA of payment of operation and maintenance fees due to Brazos under the
Contract for the entire month of December 2009 ("December Payment"); and,
WHEREAS, Brazos, Round Rock, Cedar Park and Austin propose to enter into a
new agreement by which Brazos shall operate the System ("New Operations
Agreement"), but the drafting and execution of the New Operations Agreement is not yet
complete;
TI-IEREFORE, it is hereby agreed between Brazos, LCRA, Round Rock, Cedar
Park and Austin that the Contract is terminated effective December 8, 2009, and each of
the undersigned parties, respectively, fully releases and discharges the other undersigned
parties from any further obligations under the Contract; provided that Brazos agrees to
continue operation of the System for the month of December in consideration of the
December Payment and further agrees that operations and maintenance fees under the
New Operations Agreement will not take effect until January 1, 2010; and further
provided that Brazos agrees to continue operation of the System after January 1, 2010, if
necessary, on a month to month basis until the approval and execution of the New
Operations Agreement for the payment of operation and maintenance fees calculated for
such months pursuant to the Purchase Agreement and under the same standard of care
provided in the Purchase Agreement and as it has been providing since its
commencement of operations of the Brushy Creek Regional Wastewater System.
BRAZOS RIVER AUTHORITY
By:
Phil Ford, General Manager/CEO
Termination of Wastewater Disposal Contract
Attest:
Attest:
LOWER COLORADO RIVER AUTHORITY
By:
Thomas G. Mason, General Manager
THE CITY OF ROUND ROCK, TEXAS
By:
Name:
Title:
By:
Name:
Title:
THE CITY OF CEDAR PARK, TEXAS
By:
Name:
Title:
By:
Name:
Title:
Termination of Wastewater Disposal Contract 2
Attest:
THE CITY OF AUSTIN, TEXAS
By:
Name:
Title:
By:
Name:
Title:
Termination of Wastewater Disposal Contract 3
TERMINATION OF INTERCEPTORS CONTRACT
WHEREAS, Brazos River Authority ("Brazos"), the Lower Colorado River
Authority ("LCRA"), the City of Round Rock ("Round Rock") and the City of Austin
("Austin") entered into that certain "Interceptor Line Acquisition, Construction and
Transportation Service Contract" dated July 1, 2001, as amended ("Interceptors
Contract"), for the purpose of providing wastewater services through the Brushy Creek
Regional Wastewater System ("System");
WHEREAS, LCRA, Round Rock and Austin and also the City of Cedar Park
("Cedar Park") entered into the "Purchase Agreement for the Brushy Creek Regional
Wastewater System" dated September 10, 2009 ("Purchase Agreement"), by which
LCRA agreed to sell the System to Round Rock, Cedar Park and Austin;
WHEREAS, Brazos, LCRA, Round Rock and Austin desire to terminate the
Interceptors Contract because of the sale of the System effective December 8, 2009, in
accordance with the Purchase Agreement; and,
THEREFORE, it is hereby agreed between Brazos, LCRA, Round Rock and
Austin that the Interceptors Contract is terminated effective December 8, 2009, and
Brazos, Round Rock and Austin fully release and discharge LCRA from any further
obligations under or related to the Interceptors Contract.
BRAZOS RIVER AUTHORITY
By:
Phil Ford, General Manager/CEO
LOWER COLORADO RIVER AUTHORITY
By:
Thomas G. Mason, General Manager
Termination of Interceptors Contract 2
Attest:
THE CITY OF ROUND ROCK, TEXAS
By:
Name:
Title:
By:
Name:
Title:
Termination of Interceptors Contract 3
Attest:
THE CITY OF AUSTIN, TEXAS
By:
Name:
Title:
By:
Name:
Title:
Termination of Interceptors Contract 4
DATE: November 24, 2009
SUBJECT: City Council Meeting — December 3, 2009
ITEM: 8D2. Consider a resolution authorizing the Mayor to execute any and all documents
required for the closing of the purchase of the Brushy Creek Regional
Wastewater System, including but not limited to a Termination of Interceptors
Contract and an Agreement Terminating the Wastewater Disposal Contract with
the LCRA.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
In October 2000, the Cities of Round Rock, Austin, and Cedar Park, the Lower Colorado River Authority
(LCRA), and the Brazos River Authority (BRA) entered into a Wastewater Disposal Contract for the
ownership and operation of the Brushy Creek Regional Wastewater System (BCRWWS). Over the past
two years, the Cities have been in negotiations with the LCRA on the transfer of the BCRWWS back to
the Cities.
On September 10, 2009, the LCRA and the Cities of Round Rock, Cedar Park, and Austin entered into a
Purchase Agreement by which the LCRA agreed to sell the BCRWWS. The closing of the purchase of the
BCRWWS by the Cities is set to occur on December 8, 2009. At closing, the LCRA shall transfer the
BCRWWS to the Cities and the Cities agree to fully release and discharge LCRA from any further
obligations or liability related to the BCRWWS. Because a new Master Contract for the Cities of Round
Rock, Austin, and Cedar Park will be entered into for the ownership and operation of the BCRWWS, it is
necessary to terminate the existing Wastewater Disposal Contract and an Interceptors Contract.
Strategic Plan Relevance:
Public Health and Safety Strategic Initiative
Goal No. 27.0 "Ensure there is an adequate, affordable and safe water supply."
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: LCRA, BRA, City of Cedar Park, and City of Austin
Public Comment: N/A