G-13-07-25-G1 - 7/25/2013ORDINANCE NO. C7-' 13 -03 -jib -GE
N ORDINANCE DETERMINING AND MAKING CERTAIN FINDINGS
ITH RESPECT TO THE USE OF A PORTION OF THE SANDY CREEK
ARK FOR A REMOTE PUMPING STATION FOR A DEEPWATER
I TAKE ON LAKE TRAVIS (THE "PROJECT"); APPROVING THE
ROJECT; AND PROVIDING FOR A SAVINGS CLAUSE AND
EPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
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HEREAS, the Cities of Round Rock, Cedar Park, and Leander are the
foundin ! participating cities of the Brushy Creek Regional Utility Authority, Inc.,
("BCRU "); and
HEREAS, the purpose of the BCRUA is to aid, assist, and act on behalf of the
Cities i the performance of their governmental functions to promote the common good
and ge eral welfare of the Cities, including the financing, construction, acquisition,
owners ip, maintenance and operation of a regional water transmission, treatment, and
distribu ion system; and
HEREAS, in accordance with its stated purpose, the BCRUA is proposing to
locate : nd construct a deepwater intake and remote pumping station near Lake Travis
(the "P oject"); and
HEREAS, the Project will involve the use of a small portion of the Sandy Creek
Park, hich is owned or controlled by the Lower Colorado River Authority ("LCRA") and
Travis ounty, which site is described on Exhibit A, attached hereto and incorporated
herein the "Site"); and
HEREAS, the Tex. Parks and Wildlife Code, Chapter 26 ("Chapter 26")
provid:s that a municipality of the state may not approve a project that requires the use
of publ c park land unless the municipality, acting through its duly acting governing body
determines that (1) there is no feasible and prudent alternative to the use of such land,
00278878.DO(X
and (2) the project includes all reasonable planning to minimize harm to the land as a
park re-ulting from the proposed use of the land; and
HEREAS, the Project will benefit the surrounding communities by insuring a
drough resistant water supply for the BCRUA and result in elimination of two floating
intakes currently situated on the waters of Lake Travis; and
HEREAS, the previously -chosen pumping station was to be located within the
residen ial portion of the Village of Volente and would result in great disruption to said
commu ity; and
HEREAS, location of the remote pumping station upon the Site will result in
reduce» traffic impacts along Lime Creek Road and local neighborhood collector roads
within olente, and
HEREAS, the remote pumping station on the Site will result in no measurable
increas- to noise levels at the park and will be designed in a way that complements its
natural surroundings; and
HEREAS, all pipelines to and from the pumping station will be tunneled to
avoid -urface impacts and result in minimal disruption to the Village of Volente and
areas -urrounding the Site; and
HEREAS, placement of the remote pumping station on the Site will eliminate
need f buried electrical lines along Lime Creek Road; and
HEREAS, the Project incorporates all reasonable planning to avoid harm to the
use of he surrounding park as a park or recreation area; and
HEREAS, Chapter 26 also requires that the foregoing findings may be made
only a er notice and a hearing as required by said Chapter 26; and
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HEREAS, written notice of the public hearing was personally delivered to the
Lower 1 olorado River Authority and Travis County at least thirty days before the public
hearing and notice of the public hearing was published once a week for three
consec tive weeks, the last publication being no less than one week and no more than
two we-ks before the public hearing, in a newspaper of general circulation that is
publish -d at least six days a week in the county where the Site is situated; and
HEREAS, the City has duly posted notice of the public hearing in compliance
with the terms of §26.002 of the Tex. Parks and Wildlife Code to be held on the 17th day
of July, 2013 at 7:00 o'clock P.M., in the Cedar Park Recreation Center Meeting Room,
1435 ain Street, Cedar Park, Texas; and
HEREAS, said public hearing was in fact held at such time and place; Now
Therefore
= E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXA , THAT:
he City Council of the City of Round Rock, Texas hereby finds and determines
that all of the recitals set forth above are true and correct, and are incorporated herein
as findings of fact. The City Council further finds and determines that the Project is
essent al to the public health and safety of the citizens of the City.
II.
he City Council of the City of Round Rock, Texas hereby finds and determines
that a -ch and every requirement set forth in Chapter 26, Tex. Parks and Wildlife Code
conce ning public notices, agendas, public hearings, consideration, findings, and other
procedural matters have been fully complied with.
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Ill.
he City Council of the City of Round Rock, Texas, after considering the public
testimo y and other information presented at the aforesaid public hearing, hereby finds
and dermines that given the community wishes of the Village of Volente, the
significnt additional disruption and negative traffic impacts of not utilizing the Site for
the Pr•'ect, the Project's location adjacent to an existing water treatment plant, the
signific.; nt planned buffer between the Project and the nearest residence that
) there is no feasible and prudent alternative to the use or taking of the Site
for the "Project"; and
the Project includes all reasonable planning to minimize harm to the Site
as a park resulting from the use or taking.
IV.
he City Council of the City of Round Rock hereby finds and ordains that the
Project is approved as currently planned. The BCRUA is authorized and directed to
compl= e or cause to be completed the design and engineering of the Project utilizing
the Sit: as the remote pumping station location. All actions heretofore taken by the City
Counci , the Mayor, city staff, the City Manager, and the City Attorney with respect to
the Sit- and the Project are hereby confirmed, ratified, approved and adopted by the
Council.
V.
All ordinances, parts of ordinances, or resolutions in conflict herewith are
expres.ly repealed.
The invalidity of any section or provision of this ordinance shall not
invalid ate other sections or provisions thereof.
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The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this ordinance was adopted was posted
and thsuch meeting was open to the public as required by law at all times during
which t is ordinance and the subject matter hereof were discussed, considered and
formall acted upon, all as required by the Open Meetings Act, chapter 551, Texas
Govern ent Code as amended.
EAD and APPROVED on first reading this the [- 'day of July, 2013.
EAD, APPROVED, and ADOPTED on second reading this the Z5 day of
July, 2113.
ATTES
i
SARA WHITE, City Clerk
OrY?
ALAN McGRAW, Mayor
City of Round Rock, Texas
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,ROUND ROCK TEXAS
PURPOSE PASSIM rROSPERn
City of Round Rock
Agenda Item Summary
Agenda Number: G.1
Title: Consider an ordinance of the city council for the City of Round Rock
determining and making certain findings with respect to the use of a
portion of the Sandy Creek Park for a remote pumping station for the
BCRUA, regional water treatment and distribution system (the "Project"),
approving the project, and providing for related matters. (Second Reading)
Type: Ordinance
Governing Body: City Council
Agenda Date: 7/25/2013
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost:
Indexes:
Attachments: Ordinance
Text of Legislative File 13-564
The first reading of this ordinance was considered at a special called meeting held on July
17th between the BCRUA and the cities of Cedar Park, Leander, and Round Rock. The
ordinance is in regards to using a portion of Sandy Creek Park for a remote pumping station
that will be constructed with phase two for the BCRUA, regional raw water treatment and
distribution system. This is the second reading of the ordinance.
Staff recommends approval.
City of Round Rock Page 1 Printed on 7/19/2013