R-11-03-24-11C5 - 3/24/2011RESOLUTION NO. R-11-03-24-1105
WHEREAS, the City of Round Rock ("City") has previously entered into a Water and
Wastewater Agreement ("Agreement") with Vista Oaks Municipal Utility District ("Vista Oaks")
dated January 22, 1987, and
WHEREAS, the City and Vista Oaks have been in discussion regarding an amendment to the
Agreement with respect to water and wastewater service that the City provides Vista Oaks, and
WHEREAS, the City and Vista Oaks desire to express their understanding with respect to
amending the Agreement, specifically, amendment of Section 2.04, 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 Letter to
Vista Oaks regarding the 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 24th day of March, 2011.
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nte\0112\1104\MUNICIPAL\00216866. DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Mayor
Alan McGraw
Mayor Pro -Tem
Carlos T. Salinas
Councilmembers
Rufus Honeycutt
George White
Joe Clifford
John Moman
Kris Whitfield
City Manager
Steve Norwood
City Attorney
Stephan L Sheets
March 24, 2011
Doug Mink, President
Williamson County MUD No. 9
Crossroads Utility Services
2601 Forest Creek Drive
Round Rock, Texas 78665
EXHIBIT1
„A„
„A„
RE: Water and Wastewater Agreement dated January 22, 1987 ( the
"Agreement") regarding garbage collection services
Dear Mr. Mink:
As you know, staff and legal representatives of the City of Round Rock
("City") and the Vista Oaks Municipal Utility District ("District") have been in
discussions for the past several months regarding an amendment to the Agreement
with respect to water and wastewater service that the City provides the District. While
significant progress is being made, it is nevertheless probable that it will require
several more weeks, if not a couple of months to complete these ongoing discussions
so that a fmal document can be agreed upon.
In the meantime, it has been brought to the City Councils' attention that
section 2.04 of the Agreement provides that the City is to furnish garbage collection
service to the District and the District is to pay for such service and bill its customers
at the monthly rate established from time to time by the City. The City understands
that the District would prefer to contract directly with Round Rock Refuse, Inc. to pick
up the garbage from the District's customers, which would not be in compliance with
the provisions of the aforesaid section 2.04 of our Agreement. However, in spite of
section 2.04, the City Council does not object to the District's desire to contract
directly with Round Rock Refuse, Inc. for garbage collection services. Accordingly,
the City is agreeable that it will no longer furnish these services, nor will it bill the
District for these services.
The City Council anticipates that when the above described discussions are
complete with respect to amending the Agreement, that the above understandings
expressed in this letter will be incorporated into the amendment. If this letter meets
with the District's approval, please execute where indicated below and return an
executed copy to the City.
CITY OF ROUND ROCK INFRASTRUCTURE DEVELOPMENT 6 CONSTRUCTION MANAGEMENT, zoo8 Enterprise Dr. • Round Rock, Texas 78664
Phone 512.218.5555 • Fax 512.218.5563 • www.roundrocktexas.gov
Sincerely,
Alan McGraw, Mayor
City of Round Rock, Texas
The District acknowledges and agrees with the terms of this letter:
Doug Mink, President
Williamson County MUD No. 9
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 1105.
City Council Agenda Summary Sheet
Consider a resolution authorizing the Mayor to execute a Letter to Vista Oaks Municipal
Agenda Caption: Utility District regarding Water and Wastewater Agreement dated January 22, 1987.
Meeting Date: March 24, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Michael Thane, P.E.
Director of Infrastructure Management
Item Summary:
Staff and Legal representatives of the City of Round Rock and the Vista Oaks Municipal Utility District ("District")
have been in discussions over the past several months regarding an amendment to the Agreement with respect to
water and wastewater service that the City provides the District. While significant progress is being made, it is
nevertheless probable that it will require several more weeks, if not a couple of months to complete these ongoing
discussions so that a final document can be agreed upon.
In the meantime, it has been brought to the City Councils' attention that section 2.04 of the Agreement provides
that the City is to furnish garbage collection service to the District and the District is to pay for such service and bill
its customers at the monthly rate established from time to time by the City. The City understands that the District
has negotiated a contract directly with Round Rock Refuse, Inc. to pick up the garbage from the District's customers;
however the contract is not in compliance with the provisions of the aforesaid section 2.04 of our Agreement. Staff
recommends, in spite of section 2.04, City Council approval of the District's desire to contract directly with Round
Rock Refuse, Inc. for garbage collection services which would result in the City to no longer furnish these services,
nor bill the District for these services.
Strategic Plan Relevance:
28.0 - Protect public health and protect the environment through proper waste disposal.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval
'ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Mayor
Alan McGraw
Mayor Pro -Tem
Carlos T. Salinas
Councilmembers
Rufus Honeycutt
George White
Joe Clifford
John Moman
Kris Whitfield
City Manager
Steve Norwood
City Attorney
Stephan L. Sheets
March 24, 2011
Doug Mink, President
Williamson County MUD No. 9
Crossroads Utility Services
2601 Forest Creek Drive
Round Rock, Texas 78665
RE: Water and Wastewater Agreement dated January 22, 1987 ( the
"Agreement") regarding garbage collection services
Dear Mr. Mink:
As you know, staff and legal representatives of the City of Round Rock
("City") and the Vista Oaks Municipal Utility District ("District") have been in
discussions for the past several months regarding an amendment to the Agreement
with respect to water and wastewater service that the City provides the District. While
significant progress is being made, it is nevertheless probable that it will require
several more weeks, if not a couple of months to complete these ongoing discussions
so that a final document can be agreed upon.
In the meantime, it has been brought to the City Councils' attention that
section 2.04 of the Agreement provides that the City is to furnish garbage collection
service to the District and the District is to pay for such service and bill its customers
at the monthly rate established from time to time by the City. The City understands
that the District would prefer to contract directly with Round Rock Refuse, Inc. to pick
up the garbage from the District's customers, which would not be in compliance with
the provisions of the aforesaid section 2.04 of our Agreement. However, in spite of
section 2.04, the City Council does not object to the District's desire to contract
directly with Round Rock Refuse, Inc. for garbage collection services. Accordingly,
the City is agreeable that it will no longer furnish these services, nor will it bill the
District for these services.
The City Council anticipates that when the above described discussions are
complete with respect to amending the Agreement, that the above understandings
expressed in this letter will be incorporated into the amendment. If this letter meets
with the District's approval, please execute where indicated below and return an
executed copy to the City.
CITY OF ROUND ROCK INFRASTRUCTURE DEVELOPMENT & CONSTRUCTION MANAGEMENT, 2008 Enterprise Dr. • Round Rock, Texas 78664
Phone 512.218.5555 • Fax 512.218.5563 • www.roundrocktexas.gov
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Sincerely,
ni
an McGraw, Mayor
City of Round Rock, Texas
The District acknowledges aid agrees with the terms of this letter:
Doug Mink, President
Williamson County MUD No. 9