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R-11-10-06-11D1 - 10/6/2011RESOLUTION NO. R -11-10-06-11D1 WHEREAS, the City of Round Rock ("City") has previously entered into a Water and Wastewater Agreement ("Agreement") with Walsh Ranch Municipal Utility District ("District") by Resolution No. R-06-05-11-13 Cl ; and WHEREAS, the City and the District now desire to enter into Amendment No. 2 to the Agreement to update the method in which the City will bill the District for their wholesale wastewater service, 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, Amendment No. 2 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 6th day of October, 2011. ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\ 1104 \MUNICIPAL \00233742.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas AMENDMENT NO. 2 TO WALSH RANCH MUNICIPAL UTILITY DISTRICT WATER AND WASTEWATER AGREEMENT EXHIBIT „A„ The City of Round Rock, Texas, a home rule city located in Williamson County, Texas (the "City"), and Walsh Ranch Municipal Utility District, a political subdivision of the State of Texas, created and operating under Chapters 49 and 54, Texas Water Code (the "District") previously entered into a Walsh Ranch Municipal Utility District Water and Wastewater Agreement dated May 11, 2006, and amended on June 25, 2009 (collectively, the "Agreement") setting forth the terms upon which the City would provide water and wastewater service to the District. The City and the District now wish to amend the Agreement as provided in this Amendment No. 2 to Walsh Ranch Municipal Utility District Water and Wastewater Agreement (this "Amendment"). Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the District agree as follows: 1. AMENDMENT TO SECTION 1.01. Section 1.01 of the Agreement is amended by adding the following subsections (m) and (n): (k) Winter -Average Usage: The District's average Water usage during the preceding Winter -Averaging Period. (1) Winter -Averaging Period: the months of December, January, and February, unless another winter -averaging period is approved by the City Council of the City. 2. AMENDMENT TO SECTION 5.02. Section 5.02 of the Agreement is deleted and replaced with the following: 5.02 The initial rate to be charged by the City to the District for wastewater services under this Agreement will be $3.52 per 1,000 gallons. Unless the District and the City agree otherwise, the City will compute the District's monthly billing for Wastewater service on the basis of (a) the Wastewater rate for the District, as established by the City Council in accordance with this Agreement, multiplied by (b) the District's Winter -Average Usage. The District's Winter -Average Usage will be calculated by dividing the District's total Water usage during the Winter -Averaging Period, as determined by the District's master Water meter readings, less a deduction for (i) Water used for irrigation purposes and measured by irrigation -only water meters and (ii) Water measured by fire hydrant meters during the time period covered by the master meter readings in question, during the Winter -Averaging Period and dividing that adjusted total usage by the number of months in the Winter -Averaging Period. The Winter -Average Usage so determined will apply until a new Winter -Average Usage is determined during the next Winter -Averaging Period. 2nd amendment- Clean Final- 9-9-11 (00232630).DOC The City will read the master Water meter(s) and all irrigation and fire hydrant meters within the District on the same day of each month during the Winter -Averaging Period, and will provide the District with an itemized report which reflects the master Water meter(s) and each irrigation and/or fire hydrant meter in use within the District and the water usage registered by those meters during the preceding usage period. The District agrees to provide the City access to the meters and otherwise cooperate with the City to enable it to perform the meter readings. The City will deduct the irrigation and fire hydrant usage detailed on the itemized report from the District's total Water usage when calculating the District's Winter -Average Usage. The District will have the right to perform meter read checks and otherwise verify the information provided by the City in its itemized reports. 3. DEFINED TERMS. All terms delineated with initial capital letters in this Amendment that are defined in the Agreement have the same meanings in this Amendment as in the Agreement. Other terms have the meanings commonly ascribed to them. 4. EFFECT OF AMENDMENT. Except as specifically provided in this Amendment, the terms of the Agreement continue to govern the rights and obligations of the parties, and all terms of the Agreement remain in full force and effect. If there is any conflict or inconsistency between this Amendment and the Agreement, this Amendment will control and modify the Agreement. 5. EXECUTION; COUNTERPARTS. To facilitate execution, this Amendment may be executed in any number of counterparts, and it will not be necessary that the signatures of all parties be contained on any one counterpart. Additionally, for purposes of facilitating the execution of this Amendment: (a) the signature pages taken from separate, individually executed counterparts of this Amendment may be combined to form multiple fully executed counterparts; and (b) a facsimile signature will be deemed to be an original signature for all purposes. All executed counterparts of this Amendment will be deemed to be originals, but all such counterparts, when taken together, will constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the dates indicated below, to be effective , 2011. ATTEST: Sara L. White, City Secretary CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date: 2 Secretary, Board of Directors WALSH RANCH MUNICIPAL UTILITY DISTRICT by: ,� President, Board of Directors Date: 3 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY City Council Agenda Summary Sheet Agenda Item No. *11D1. Agenda Caption: Consider a resolution authorizing the Mayor to execute Amendment No. 2 to Walsh Ranch Municipal Utility District Water and Wastewater Agreement regarding the wastewater billing methodology. Meeting Date: October 6, 2011 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane, P.E. Utilities Director Item Summary: The City and Walsh Ranch Municipal Utility District (MUD) would like to amend the May 11, 2006 Wholesale Water and Wastewater Agreement to update the method in which the City will bill the MUD for their wholesale wastewater service. In accordance with the previously existing Water and Wastewater Agreement, the billing method is based on 70% of the MUDs then -current water usage, excluding water used for irrigation purposes and measured by irrigation -only water meters as well as construction meters. City staff and representatives from the MUD have come to an agreement upon changing the way the MUD is billed monthly for wastewater from the 70% of water usage approach to a winter average water usage approach. This new approach will take the average water used, minus the irrigation and construction water, for the months of December, January, and February of each year. This winter average water usage is how the MUD will be billed for their wholesale wastewater service for the following 12 months. Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW AMENDMENT NO. 2 TO WALSH RANCH MUNICIPAL UTILITY DISTRICT WATER AND WASTEWATER AGREEMENT The City of Round Rock, Texas, a home rule city located in Williamson County, Texas (the "Cita"), and Walsh Ranch Municipal Utility District, a political subdivision of the State of Texas, created and operating under Chapters 49 and 54, Texas Water Code (the "District") previously entered into a Walsh Ranch Municipal Utility District Water and Wastewater Agreement dated May 11, 2006, and amended on June 25, 2009 (collectively, the "Agreement") setting forth the terms upon which the City would provide water and wastewater service to the District. The City and the District now wish to amend the Agreement as provided in this Amendment No. 2 to Walsh Ranch Municipal Utility District Water and Wastewater Agreement (this "Amendment"). Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the District agree as follows: 1. AMENDMENT TO SECTION 1.01. Section 1.01 of the Agreement is amended by adding the following subsections (m) and (n): (k) Winter -Average Usage: The District's average Water usage during the preceding Winter -Averaging Period. (1) Winter -Averaging Period: the months of December, January, and February, unless another winter -averaging period is approved by the City Council of the City. 2. AMENDMENT TO SECTION 5.02. Section 5.02 of the Agreement is deleted and replaced with the following: 5.02 The initial rate to be charged by the City to the District for wastewater services under this Agreement will be $3.52 per 1,000 gallons. Unless the District and the City agree otherwise, the City will compute the District's monthly billing for Wastewater service on the basis of (a) the Wastewater rate for the District, as established by the City Council in accordance with this Agreement, multiplied by (b) the District's Winter -Average Usage. The District's Winter -Average Usage will be calculated by dividing the District's total Water usage during the Winter -Averaging Period, as determined by the District's master Water meter readings, less a deduction for (i) Water used for irrigation purposes and measured by irrigation -only water meters and (ii) Water measured by fire hydrant meters during the time period covered by the master meter readings in question, during the Winter -Averaging Period and dividing that adjusted total usage by the number of months in the Winter -Averaging Period. The Winter -Average Usage so determined will apply until a new Winter -Average Usage is determined during the next Winter -Averaging Period. 2nd amendment- Clean Final- 9-9-11 (00232630).DOC Q -(I- (0 -A - trP( The City will read the master Water meter(s) and all irrigation and fire hydrant meters within the District on the same day of each month during the Winter -Averaging Period, and will provide the District with an itemized report which reflects the master Water meter(s) and each irrigation and/or fire hydrant meter in use within the District and the water usage registered by those meters during the preceding usage period. The District agrees to provide the City access to the meters and otherwise cooperate with the City to enable it to perform the meter readings. The City will deduct the irrigation and fire hydrant usage detailed on the itemized report from the District's total Water usage when calculating the District's Winter -Average Usage. The District will have the right to perform meter read checks and otherwise verify the information provided by the City in its itemized reports. 3. DEFINED TERMS. All terms delineated with initial capital letters in this Amendment that are defined in the Agreement have the same meanings in this Amendment as in the Agreement. Other terms have the meanings commonly ascribed to them. 4. EFFECT OF AMENDMENT. Except as specifically provided in this Amendment, the terms of the Agreement continue to govern the rights and obligations of the parties, and all terms of the Agreement remain in full force and effect. If there is any conflict or inconsistency between this Amendment and the Agreement, this Amendment will control and modify the Agreement. 5. EXECUTION; COUNTERPARTS. To facilitate execution, this Amendment may be executed in any number of counterparts, and it will not be necessary that the signatures of all parties be contained on any one counterpart. Additionally, for purposes of facilitating the execution of this Amendment: (a) the signature pages taken from separate, individually executed counterparts of this Amendment may be combined to form multiple fully executed counterparts; and (b) a facsimile signature will be deemed to be an original signature for all purposes. All executed counterparts of this Amendment will be deemed to be originals, but all such counterparts, when taken together, will constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the dates indicated below, to be effective 12,1 -DL -v- 6 , 2011. ATTEST: 414,1A, . Sara L. White, City Secretary CITY ROUND ROCK, TEXAS Th By: Alan McGraw, Mayor Date: 10'4' di 2 Secretary, Board of Directors WALSH RANCH MUNICIPAL UTILITY DISTRICT '/ by: /erna%z:d%t .•-• •..---;, President, Board of Directors Date: 3