CM-2023-180 - 8/4/2023 AMENDMENT NUMBER 1 TO
CAPITAL AREA COUNCIL OF GOVERNMENTS"LEASE OF SITE FOR AIR QUALITY
MONITORING"
Recitals
The Capital Area Council of Governments("CAPCOG") is a regional planning commission
and political subdivision of the state of Texas organized and operating under the Texas
Regional Planning Act of 1965, as amended, chapter 391 of the Local Government Code.
The City of Round Rock ("City") is a city that has leased land to CAPCOG for the purpose
of ambient air quality monitoring since October 9, 2020.This agreement was authorized
by Chapter 791 of the Government Code and is captioned "Lease of Site for Air Quality
Monitoring" (hereinafter"Original Lease").
Purpose of Amendment
The purpose of Amendment Number 1 is to extend the Term of the Original
Lease from its current end date of December 31, 2023,to December 31, 2026, in order
to enable continued collection of ambient air quality data at this site through the
expiration date of CAPCOG's 2019-2026 Regional Air Quality Plan Addendum.
CAPCOG and City are willing to amend the Original Lease agreement as stated
below. This Amendment is pursuant to the authority implicit in Article 8.2,which
indicates that the Original lease may be amended by a writing signed by all parties.
REVISION 1. Section 3. "Term" is amended as follows:
"3.1 This Lease begins on the date it is executed on behalf of City and it
ends December 31, 20232026."
Sections 3.2 is not affected by this Amendment and remain as seen in the
Original Lease.
Miscellaneous
Each individual signing this Amendment 1 to the Original Lease on behalf of a party
warrants that he or she is legally authorized to do so and that the party is legally
authorized to perform the obligations undertaken.
This Amendment 1 to the Original Lease is executed in duplicate originals.
Except as amended herein, the terms and conditions of the Original Lease remain in full
force and effect.
AMENDMENT NUMBER 1 TO LEASE OF SITE FOR AIR QUALITY MONITORING Page 1 of 2
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CITY OF ROUND ROCK CAPITAL AREA COUNCIL OF
GOVER MENTS
By: By:
Eattrie-liacHey er O ' Betty Vo'ghts
/54-• City Manager Executive Director
Date: � Date: 1 61`' (/
AMENDMENT NUMBER 1 TO LEASE OF SITE FOR AIR QUALITY MONITORING Page 2 of 2
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° Capital Area Council of Governments
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BASTROP BLANCO BURNET CALDWELL FAYETTE HAYS LEE LLANO TRAVIS WILLIAMSON
August 18,2023
City of Round Rock
Attn: Brooks Bennett
Assistant City Manager
221 East Main Street
Round Rock,Texas 78664
Dear Mr. Bennett:
On August 14, 2023, Betty Voights, Executive Director, executed Amendment No. 1 to Capital Area Council of
Governments "Lease of Site for Air Quality Monitoring".
Enclosed is an executed original agreement for your records. If you have any questions, please feel free to
contact Anton Cox at 512-916-6036.
Sincerely,
Ramon Zarate
Air Quality Program Specialist
Enclosure: CM-2023-180
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing Amendment Number 1 to the Capital Area Council of
Governments"Lease of Site For Air Quality Monitoring."
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/4/2023
Dept Director: Michael Thane,PE
Cost:
Indexes:
Attachments: CAPCOG-City of Round Rock Site Lease Agreement Amendment 1 7_17_2023,LAF
Department: Utilities&Environmental Services
Text of Legislative File CM-2023-180
Capital Area Council of Governments(CAPCOG)currently keeps one of their air quality monitoring stations
in the City of Round Rock as part of their air quality monitoring program.This program provides air quality
data to be used by CAPCOG and its members.The station is a small 6 foot by 10-foot trailer that requires
open space away from highways and potential pollution sources.
The air monitoring station is required to remain stationary in an open area away from air pollution sources
and requires access to a 30 amp/110-volt RV outlet to operate.These requirements mean the site must be
on City-owned land with access to electric.The Brushy Creek West Regional Wastewater treatment Plant is
a suitable location as it has both electric and adequate space.The air monitoring station has been located
here since October 9,2020,with no major issues.The Wastewater Treatment Plant pays the monthly
electrical bill for the air monitoring quality station.
The Utilities and Environmental Services Department recommends renewing this lease agreement with
CAPCOG until December 31,2026.
City of Round Rock Page 1 of 1