CM-2023-177 - 8/4/2023FIRST AMENDMENT TO
AGREEMENT FOR THE TRANSFER OF
RETAIL WATER UTILITY SERVICE AREA
BETWEEN THE CITY OF ROUND ROCK AND
JONAH WATER SPECIAL UTILITY DISTRICT
CITY OF ROUND ROCK §
STATE OF TEXAS §
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
THIS AMENDMENT TO THE AGREEMENT for the Transfer of Retail Water Utility
Service Area Between the City of Round Rock and Jonah Water Special Utility District, hereinafter
called "First Amendment," is made by and between the City of Round Rock, Texas, a home -rule
municipality, hereinafter called the "Round Rock" and "Jonah," a Conservation and Reclamation
District of the State of Texas.
WHEREAS, Round Rock and Jonah previously executed the referenced "Agreement for
the Transfer of Retail Water Utility Service Area Between the City of Round Rock and Jonah
Water Special Utility District" hereinafter called the "Agreement" on March 10, 2022 by
Resolution No. R-2022-083; and
WHEREAS, Round Rock is the holder of water CCN #11047 from the Public Utility
Commission of Texas ("PUC"), for the provision of retail water service to certain areas in and
about Williamson County, Texas; and
WHEREAS, Jonah is the holder of water CCN #10970 from the PUC, for the
provision of retail water service to certain areas in and about Williamson County, Texas; and
WHEREAS, Jonah wishes to alter the boundaries of its CCN by decertifying and
transferring an area (the "Transfer Area") contained within the boundaries of the Jonah CCN
to the City, so that such area is removed from the Jonah CCN and added to the Round Rock
CCN; and
WHEREAS, Round Rock wishes to alter the boundaries of its CCN by amending the
boundaries of its CCN to include the Transfer Area; and
WHEREAS, Round Rock and Jonah desire to amend the acreage of the Transfer Area
described in the original Agreement;
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this First Amendment, the Round Rock and Jonah agree that said Agreement is
amended as follows:
86-1940-440 Uss2
-c3>0-�, 3 Y 77
I.
1.0 Exhibit "C" of the original Agreement is hereby removed from the Agreement in
its entirety and replaced with the attached Exhibit "C," incorporated herein by reference for all
purposes, revising the acreage of the Transfer Area to 2,123.4 acres.
II.
2.0 This First Amendment shall amend the original Agreement only as set forth herein
with no other changes in terms or conditions of the original Agreement.
IN WITNESS WHEREOF, Round Rock and Jonah have executed this First Amendment to be
effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title: i _&Lg&�yr
Date Signed: � o j's
ATTEST:
By:
4---Q-1, 1-1 - &-�+-
y Clerkeij
FOR CITY, APPROVED AS TO FORM:
By: ,: �City
pStehanie L. Sandre, Attorney
JONAH WATER SPECIAL UTILITY
DISTRICT
By:
Printed Name:
Title: C�eiY1e,CPr� Yirl2ylrl(i 1?r
Date Signed:
or
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ROUND RACK
TExnS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing First Amendment to Agreement for the Transfer of Retail
Water Utility Service Area Between the City of Round Rock and Jonah Water
Special Utility District
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/4/2023
Dept Director: Michael Thane, PE
Cost:
Indexes:
Attachments: LAF, Transfer Agreement, Map
Department: Utilities & Environmental Services
Text of Legislative File CM-2023-177
Round Rock and Jonah previously executed an agreement for the transfer of retail water utility service
area on March 10,2022 through Resolution No. R-2022-083. A petition requesting the Public Utility
Commision (PUC) approval of the transfer agreement was submitted to the PUC of Texas on April 19,
2023. The PUC reviewed the transfer agreement and found the total acreage for the transfer area was
I ncorrect.The PUC requested that the City of Round Rock and Jonah Water SUD amend the transfer
agreement to reflect the actual total acres being transferred. This amendment was sent to Jonah Water
SUD and signed by their General Manager Bill Brown on July 25,2023. To finalize the amendment, the City
of Round Rock needs to approve the amendment before it will be sent back to the PUC to complete the
petition process.
Cost:
Source of Funds:
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