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R-00-09-28-9C6 - 9/28/2000RESOLUTION NO. R- 00- 09- 28 -9C6 WHEREAS, the City of Round Rock ( "City ") and Brushy Creek Municipal Utility District ( "District ") have previously entered into an Agreement for Temporary Wholesale Wastewater Service ( "Agreement ") whereby the the City provided temporary wholesale wastewater service to the District, and WHEREAS, the City and the District desire to terminate the Agreement so that the Lower Colorado River Authority may provide wholesale wastewater service to the District, 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 an Agreement for Termination of Temporary Wholesale Wastewater Services, a copy of said agreement being attached hereto and incorporated herein for all purposes. 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, and the Act. RESOLVED this 28th day of Sept E LAND, City Secretary K!\ WPOOCS \RESOLUTI \R00930C6.WPO / ROB RT A. STLUKA, J'., Mayor ATT ST: City of Round Rock, Texas ti /L1 THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT FOR TERMINATION OF TEMPORARY WHOLESALE WASTEWATER SERVICE This Agreement for Termination of Temporary Wholesale Wastewater Service (this "Agreement ") is made and entered into on the date set forth below, by and between the City of Round Rock, Texas, a Texas municipal corporation ("Round Rock ") and Brushy Creek Municipal Utility District, a municipal utility district created and operating under Article 16, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code, as amended (the "District "). Recitals A. Whereas, Round Rock and the District entered into that certain "Agreement for Temporary Wholesale Wastewater Service Between City of Round Rock and Brushy Creek Municipal Utility District" dated June 10, 1994 (the "Temporary Wastewater Agreement "); B. Whereas, pursuant to the Temporary Wastewater Agreement, Round Rock agreed to provide temporary wholesale wastewater service to that portion of the District located north of Brushy Creek and located in Round Rock's extraterritorial jurisdiction (the "North Area ") for a period of 180 days unless the District continued to negotiate in good faith an agreement with the City of Austin for permanent service; C. Whereas, the District has not entered into an agreement with the City of Austin for permanent service to the entire District, but the District has continued to deliver wastewater from the North Area to Round Rock, and Round Rock has continued to provide interim wholesale wastewater service to the North Area; provided, however, that neither Round Rock nor the District hereby admit or agree that the Temporary Wastewater Agreement remains in effect; D. Whereas, the Brazos River Authority ( "BRA "), the Lower Colorado River Authority ( "LCRA "), the City of Austin ( "Austin "), the City of Cedar Park and Round Rock have substantially completed negotiation of, and have approved, the terms of that certain "Wastewater Disposal Contract" pursuant to which each such entity will become a customer, or continue as a customer, of the "System" (as such term is defined therein); E. Whereas, the District, BRA and LCRA have negotiated and approved the terms of that certain "Subregional Wastewater Disposal Contract" pursuant to which LCRA shall provide wholesale wastewater service to the entire District, including the North Area, by and through its participation in the System; and F. Whereas, Round Rock and the District desire to terminate the Temporary Wastewater Agreement, to the extent it remains in effect, so that the LCRA may provide wholesale wastewater service to the District by and through its participation in the System. Now, Therefore, in consideration of the mutual covenants and agreements hereafter set forth, Round Rock and the District hereby agree as follows: NON - STANDARD WATER SERVICE AGREEMENT - Page 2 Agreement 1. Upon the commencement of wholesale wastewater service to the North Area by LCRA and BRA under the Subregional Wastewater Disposal Contract, the District and Round Rock agree that the District shall no longer deliver wastewater from the North Area to Round Rock, and Round Rock shall no longer accept, treat or dispose of such wastewater. Thereafter, Round Rock and the District agree that the Temporary Wastewater Agreement, to the extent it remains in effect, shall terminate, be void and of no further effect, and Round Rock shall have no obligation (to the extent it may have any obligation) to provide wholesale wastewater service to the North Area. 2. The proposed Subregional Wastewater Disposal Contract provides that LCRA and BRA shall commence the provision of wholesale wastewater service to the North Area upon termination of the Temporary Wastewater Agreement and requires that the District provide at least three (3) days prior written notice thereof to LCRA and BRA. Upon execution of the Subregional Wastewater Disposal Contract by all parties thereto, the District agrees to provide written notice to LCRA, BRA and Round Rock. The notice shall specify the date pursuant to which LCRA and BRA shall commence wholesale wastewater service to the North Area under the Subregional Wastewater Disposal Contract. This date shall be the same date on which the District shall cease delivery of wastewater from the North Area to Round Rock, and Round Rock shall cease accepting such wastewater for treatment and disposal. The parties agree that the date specified in the notice shall be not less than three (3) business days after the notice is given, nor greater than ten (10) business days after such date. 3. Upon commencement of wholesale service to the North Area by LCRA and BRA, Round Rock shall prepare and send a bill to the District for all wholesale wastewater services provided to the District prior to the date of termination. The bill shall be based upon the same general terms and conditions that prior bills have been sent to the District for the treatment and disposal of wastewater generated within the North Area. The District shall pay such bill within thirty (30) days after receipt. 4. Each of the Parties hereto agrees to take all such further actions as may be reasonably required from time to time, in order to fulfill their respective obligations and agreements hereunder and to ensure the binding effect of this Agreement. 5. Until changed by written notice thereof, any notice required under this Agreement may be given to the respective parties by certified mail, postage prepaid, or by hand- delivery to the address of teh other party shown below: THE DISTRICT: Brushy Creek Municipal Utility District Attn: General Manager 901 Great Oaks Drive Round Rock, Texas 78681 ROUND ROCK: City of Round Rock Attn: Director of Public Works 221 East Main Street Round Rock, Texas 78664 6. The undersigned represent that they are authorized to enter into this Agreement on behalf of the respective parties hereto. NON - STANDARD WATER SERVICE AGREEMENT - Page 3 ATTEST: Cj ' Secretary EXECUTED AS OF THE e0 DAY OF ::ODMA\PCDOCSWUSTIN IU4264213 1002:22157 -2 NON - STANDARD WATER SERVICE AGREEMENT - Page 4 BRUSHY CREEK MUNICIPAL UTILITY DISTRICT BY: s Griffith, Preside DATE: September 22, 2000 SUBJECT: City Council Meeting — 7:00 p.m. ITEM: 9.C.6. Consider a resolution authorizing the Mayor to execute an Agreement for Termination of Temporary Wholesale Wastewater Service with the Brushy Creek Municipal Utility District. Staff recommends approval. Staff Resource Person: Jim Nuse, Public Works Director. CITY OF ROUND ROCK Mayor Robert A. SHuka, Jr. Mayor Prodem Earl M. Hairston Council Members Tam Nielson Carrie Pin Earl Palmer Isabel Gallahan Jimmy Joseph City Manager Robert L Benner, Jr. Clty Attorney Stephan L Sheets November 15, 2000 Mr. Anthony S. Corbett Winstead Sechrest & Minick 100 Congress Avenue, Suite 800 Austin, Texas 78701 Dear Mr. Corbett: 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 00- 09- 28 -9C6 at their regularly scheduled meeting on September 28, 2000. This resolution approves the agreement for Termination of Temporary Wholesale Wastewater Services. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to contact Jim Nuse at 218 -5560. Sincerely, Joanne Land Assistant City Manager Enclosures Fax: 512 -218 -7097 1- 800 - 735.2989 TDD 1- 800 - 735 -2988 Voice www. ©.round- mck.tx.us Mayor Robert A. Stluka Jr. Mayor Pro-tem Earl M. Hairston Council Members Tom Nielson Carrie Pitt Earl Palmer Isabel Gallahan Jimmy Joseph Qty Manager RobertL Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK November 15, 2000 Mr. Mike Taylor General Manager Brushy Creek Municipal Utility District 901 Great Oaks Drive Round Rock, TX 78681 Dear Mr. Taylor: 221 East Main Street Round Rock. Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 00- 09- 28 -9C6 at their regularly scheduled meeting on September 28, 2000. This resolution approves the agreement for Termination of Temporary Wholesale Wastewater Services. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to contact Jim Nuse at 218 -5560. Sincerely, Enclosures Fax: 512- 218 -7097 Joanne Land Assistant City Manager 1 -800- 735 -2989 TDD 1- 800-735 -2988 Voice www.ci.rouad- rock.tx.us NO. PIECES I - - DESCRIPTION • ..WEIGHT - SPECIAL INSTRUCTIONS - WAR/DELAY TIME - HR _ MIN ' ` TOTAL CHARGES. DRNER 1� ` ��� pp • RV P . RECEIVED RY (512) 892 -1878 • 892 -2510 FAX Coi.RIER DEPOT co BILL TO: ['SHIPPER ❑ RECEIVER NAME 1AlinsLead. Secflrest ro- fo9inick P C. ADDREsg00 Congress Ste. 800 att/lusbn, Texas 78701 ATTN: Peggy Dickens X -2878 CUSTOMER NUMBER DA c C/ L DELIVERY TYPE: ❑ ASAP ❑ 1 HR Ar2 HR ❑ 4 HR ❑ RU'DOWOW �"-)7 O ON ACCOUNT CLIENSHT: I9/ // • P.O. BOX 93097, AUSTIN, TEXAS 78709 -3097 - DEINERYTICRET NUMBER NAME t' ADDRESS j 014120 ❑ AFTER HOURS MATTER: / 1 ?(� ATTN: ❑ ROUND TRIP . „ 41. A-r• ,.•S', L : f' , ..,i , '''',"A; ' • ,i , t = ;,,,, " A 11. H ir, . \ .; ,, ' r..r.1. '.4 11+4ihr?tr^111'... ,. 1i• '. .1.1 If ,v1441: -. ......"., r!. . '"" ''' i r f H 1 , 11 rir , r- -, 40,.•,-, —lc -.• '':' -, .• 1 , J 114 1, ' IfT ' ' i • '' 414±14 T: LTI .._= - i " i —' -•-..-• _ --, .4,- ..: • . . , 1 - '''.' 11 1: 1 . , •.. —., -id,:iiiiiii#,' 74 4 7 ' • .-- [itti I, =••:•• f ' '' •- .-";'!!■* 114 ....' - - „ i l lf-k ke i ' t , „ ' ' „ f, . ;-'4-''' ' ■ . • __ 9:00,1 ,...... '' .. - " ' `-- - f410, !'1 ■ • - - 4,7, OA,- Ii..44r17.1.2 3_110 15;1 I tti 4 - r I ':' qth i It••,,,...,....14.-- -,.],iirv-11•''' ,il..! ? ''' - .."." .■ 11 11. ' ',.!' ''.-;;;1■ : , • 1 ,, • ' ,. .i.. - 'r A. ,, ,I.hil ,. ... . ;•;_ • •'14.' .- ......1•••!, ■4, . .1',,,L, , .!! 4 ''' ..,;;; .--,,.., ,- ,,- r 1 ' • : r ,.; . L.,i •:' 11 '0: A J' „I ' 2.. , .. . 4 1 101.., , ,..1f , :;t,.: , WINSTEAD SECHREST & MINICK A Professional Corporation 1 Attorneys & Counselors September 29, 2000 Mr. Steve Sheets City of Round Rock 221 East Main Round Rock, TX 78664 Dear Steve: Enclosed please find four copies of the Agreement for Termination of Temporary Wholesale Wastewater Service which have been signed by Brushy Creek Municipal Utility District. Please have all copies signed by the City of Round Rock and return two executed copies to me. ASC:pd Re: Brushy Creek Municipal Utility District Thank you for your assistance. ::ODMA\PCDOCS\AUSTIN_11149448 \1 1002:22157 -1 Very truly yours, I Anthony S. Corbett DALLAS HOUSTON AUSTIN MEXICO CITY Suite 800 100 Congress Avenue Austin, Texas 78701 512/474 -4330 fax 512/370 -2850 www.winstead.com direct dial: 512/370.2847 wodreee®winseead. om * * * * * * * * * * * * * ** -COMM. JOURNAL- * * * * * * * * * * * * * * * * * ** DATE OCT -25 -2000 * * * ** TIME 09:07 * ** P.01 MODE = MEMORY TRANSMISSION START= OCT -25 09:01 END=OCT -25 09:07 FILE NO.= 162 STN NO. COM ABBR NO. STATION NAME /TEL. NO. PAGES DURATION 001 OK n 94530865 006/005 00:02'47" -CITY OF ROUND ROCK ***** * * * * * * * * * * * * * * * * * * *** * * * ***** ** - 5122187097 - * * * ** - 5122187097- * * * * *** ** CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 (512) 218 -5400 FAX COVER SHEET DATE: /0 /- 025 - 00 TOTAL PAGES (INCLUDING COVER SHEET): (L2 ATTENTION: Ran, �4ILLt2J )1(/YL/ DEPARTMENT: COMPANY: FAX 0: ! 5a-oh, 5 FROM: �t� _ �l� U I �r �� ! '41Le-re...ta.) I DEPARTMENT: DEPT. PHONE #: 9 f & 5z/ oy COMPANY: CITY OF ROUND ROCK COMMENTS: September 9, 2000 BRUSHY CREEK Municipal Utility District 901 Great Oaks Drive • Round Rock, Texas 78681 - 2506 (512) 255 -7871 FAX (512) 255 -0332 City of Round Rock Attn: Director of Public Works 221 East Main Street Round Rock, TX 78664 Dear Director: Please sign the enclosed AGREEMENT FOR TERMINATION OF TEMPORARY WHOLESALE WASTWATER SERVICE and retum to the Brushy Creek MUD. Feel free to call me at (512) 255 -7871 ext. 211 if you have any questions. Sincerely, Mike Taylor General Manager p ECEOVE Sill SEP 11 11a PU WORKS ROCK