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BCRUA_R-13-07-17-12ARESOLUTION NO. A RESOLUTION DETERMINING AND MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF A PORTION OF THE SANDY CREEK PARK FOR A REMOTE PUMPING STATION FOR A DEEPWATER INTAKE ON LAKE TRAVIS. WHEREAS, the Cities of Round Rock, Cedar Park, and Leander ("Cities") are the founding participating cities of the Brushy Creek Regional Utility Authority, Inc., ("BCRUA"); and WHEREAS, the purpose of the BCRU A is to aid, assist, and act on behalf of the Cities in the performance of their governmental functions to promote the common good and general welfare of the Cities, including the financing, construction, acquisition, ownership, maintenance and operation of a regional water transmission, treatment, and distribution system; and WHEREAS, in accordance with its stated purpose, the BCRUA is proposing to locate and construct a deepwater intake and remote pumping station near Lake Travis (the "Project"); and WHEREAS, the Project will involve the use of a small portion of the Sandy Creek Park, which is owned or controlled by the Lower Colorado River Authority ("LCRA") and Travis County, which site is described on Exhibit A, attached hereto and incorporated herein (the "Site"); and WHEREAS, the Tex. Parks and Wildlife Code, Chapter 26 ("Chapter 26") provides that a municipality of the state may not approve a project that requires the use of public park land unless the municipality, acting through its duly acting governing body determines that (l) there is no feasible and prudent alternative to the use of such land, and (2) the project includes all reasonable planning to minimize harm to the land as a park resulting from the proposed use of the land; and WHEREAS, the Project will benefit the surrounding communities by insuring a drought-resistant water supply for the BCRUA and result in elimination of two floating intakes currently situated on the waters of Lake Travis; and WHEREAS, the previously-chosen pumping station was to be located within the residential portion ofthe Village ofVolente and would result in great disruption to said community; and WHEREAS, location of the remote pumping station upon the Site will result in reduced traffic impacts along Lime Creek Road and local neighborhood collector roads within Volente, and WHEREAS, the remote pumping station on the Site will result in no measurable increase to noise levels at the park and will be designed in a way that complements its natural surroundings; and WHEREAS, all pipelines to and from the pumping station will be tunneled to avoid surface impilcts and result in minimal disruption to the Village ofVolente and areas surrounding the Site; and WHEREAS, placement of the remote pumping station on the Site will eliminate need for buried electrical lines along Lime Creek Road; and WHEREAS, the Project incorporates all reasonable planning to avoid harm to the use of the surrounding park as a park or recreation area; and Chapter 26 BCRUA Resolution 00278571.docxBCRUA resolution; Chapter 26 BCRUA Resolution 00278571.docx WHEREAS, Chapter 26 also requires that the foregoing findings may be made only after notice and a hearing as required by said Chapter 26; and WHEREAS, written notice of the public hearing was personally delivered to the Lower Colorado 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 consecutive weeks, the last publication being no less than one week and no more than two weeks before the public hearing, in a newspaper of general circulation that is published at least six days a week in the county where the Site is situated; WHEREAS, the BCRUA 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 17 d\ day of July, 2013 at 7:00 o'clock P.M., in the Cedar Park Recreation Center Meeting Room, 1435 Main Street, Cedar Park, Texas; and WHEREAS, said public hearing was in fact held at such time and place; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, THAT ARTICLE I The Board 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 Board further finds and determines that the Project is essential to the public health and safety of the citizens of the Cities. ARTICLE II The Board hereby finds and determines that each and every requirement set forth in Chapter 26, Tex. Parks and Wildlife Code concerning public notices, agendas, public hearings, consideration, findings, and other procedural matters have been fully complied with. ARTICLE III The Board, after considering the public testimony and other information presented at the aforesaid public hearing, hereby finds and determines that given the community wishes of the Village of Volente, the significant additional disruption and negative traffic impacts of not utilizing the Site for the Project, the Project's location adjacent to an existing water treatment plant, the significant planned buffer between the Project and the nearest residence that 1) there is no feasible and prudent alternative to the use or taking of the Site for the "Project"; and 2) the Project includes all reasonable planning to minimize harm to the Site as a park resulting from the use or taking. ARTICLE IV The Board hereby finds and resolves that the Project is approved as currently planned. The BCRUA General Manager authorized and directed to complete or cause to be completed the design and 2 engineering of the Project utilizing the Site as the remote pumping station location. All actions heretofore taken by the Board, the President, the General Manager, and the Board's attorneys with respect to the Site and the Project are hereby confirmed, ratified, approved and adopted by the Board. ARTICLE V The Board 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 ordinance 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. READ, APPROVED, and ADOPTED on this the 17 th day of July, 2013. tility Authority, Inc. 3 DATE: July 12, 2013 SUBJECT: Joint Meeting -July 17, 2013 ITEM: 12A. Consider a resolution of the Board of Directors of the BCRUA 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 regional water treatment and distribution system. (President Fuller)