R-01-07-26-14E6 - 7/26/2001RESOLUTION NO. R- O1- 07- 26 -14E6
WHEREAS, on October 1, 2000 the City of Round Rock entered into
a Wastewater Disposal Contract with the Brazos River Authority, the
Lower Colorado River Authority, and the City of Austin for regional
wastewater disposal services, and
WHEREAS, the City Council wishes to enter into an Interceptor
Line Acquisition, Construction and Transportation Service Contract with
the Brazos River Authority, the Lower Colorado River Authority, and the
City of Austin for the construction, acquisition, maintenance and
operation of the Southwest Interceptor Line and the Round Rock South
Interceptor Line, 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 Interceptor Line Acquisition, Construction and
Transportation Service Contract with the Brazos River Authority, the
Lower Colorado River Authority, and the City of Austin, 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
O.\ WPOOCS \RSSOLOTI \81071686.NP0/6c
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 26th day of July, 2001.
E LAND, City Secretary
2
ROBERT A. STLUKA, R., Mayor
City of Round Rock, Texas
INTERCEPTOR LINE
ACQUISITION, CONSTRUCTION AND
TRANSPORTATION SERVICE CONTRACT
This "Interceptor Line Acquisition, Construction and Transportation Service Contract"
(the "Service Agreement ") is entered into among the Brazos River Authority ( "BRA "), the Lower
Colorado River Authority ( "LCRA "), the City of Round Rock ( "Round Rock ") and the City of
Austin ( "Austin "). Round Rock and Austin are hereafter sometimes referred to as the
"Customers."
RECITALS
BRA, LCRA, Austin and Round Rock are also parties, together with the City of Cedar
Park ( "Cedar Park") to that certain Wastewater Disposal Contract dated October 1, 2000 (the
"Wastewater Disposal Contract ") pursuant to which BRA and LCRA, acting as an Alliance,
provide regional wastewater disposal services to Round Rock, Cedar Park, Austin and LCRA
itself from the Brushy Creek Regional Wastewater Disposal System (hereafter, the "System," as
defined in the Wastewater Disposal Contract).
The purpose of this Service Agreement is to provide for the construction, acquisition,
maintenance and operation of those two certain wastewater interceptor lines and related facilities
generally described on Exhibit A hereto (respectively, the "Southwest Interceptor Line" and the
"Round Rock South Interceptor Line" or, collectively, the "Interceptor Lines ") to be connected
with and flow to the System to provide wastewater transportation services to Round Rock and
Austin but not to Cedar Park or LCRA. NOW, THEREFORE,
IT IS HEREBY AGREED AMONG BRA, LCRA, ROUND ROCK AND AUSTIN AS
FOLLOWS:
Agreement
Section 1. Purpose of Service Agreement. The purpose of this Service Agreement is to
provide for construction, acquisition, maintenance and operation of the Interceptor Lines which
are to be connected to and flow into the System but which will not benefit Cedar Park or LCRA
and for which the parties agree Cedar Park and LCRA should not bear any cost responsibility.
This Service Agreement does not amend or change in any way the Wastewater Disposal Contract
or the rights and obligations of BRA, LCRA, Round Rock, Austin or Cedar Park thereunder. The
Interceptor Lines shall not become part of the System unless and until BRA, LCRA, Round Rock,
Cedar Park and Austin so agree. This Service Agreement is for Wastewater transportation
services only, not Wastewater treatment and disposal services.
Section 2. Definitions; Incorporation. Capitalized terms used herein have the meanings
ascribed to them in the Wastewater Disposal Contract except as otherwise provided herein. The
provisions of the Wastewater Disposal Contract are incorporated in this Service Agreement to the
extent applicable as provided by this Service Agreement; provided, however, Sections 1.01(b),
(f), (g), (h), (f), (jjj) and (mmin); 2.03; 2.04; 2.07; 3.01(b); 4.01(a); 5.04(b) and (e); Article VI;
and 7.23 are inapplicable hereto.
Section 3. Acquisition of Existing Portions of the Interceptor Lines. Contemporaneously
with execution of this Service Agreement, LCRA and Round Rock are entering into that certain
"Agreement for Acquisition of Wastewater System Assets (Southwest Interceptor Line and
Round Rock South Interceptor Line)" (the "Interceptor Line Acquisition Agreement ") pursuant
to which LCRA will acquire for the benefit of Austin and Round Rock certain existing portions of
the Interceptor Lines currently owned by Round Rock.
Section 4. Construction of Southwest Interceptor Line. LCRA agrees to construct and
acquire the Southwest Interceptor Line and acquire appropriate easements or rights -of -way for
the Southwest Interceptor Line in conformity with the requirements of Section 2.01 of the
Wastewater Disposal Contract, including retaining the services of BRA to provide inspection
during construction. All actions of LCRA, Round Rock and Austin heretofore undertaken or
accomplished in connection with this Section 4 are hereby in all respects ratified, approved and
confirmed by the parties. Notwithstanding anything herein to the contrary, the parties agree that
the Southwest Interceptor Line may be constructed and acquired in phases.
Section 5. Applicability of Provisions of Wastewater Disposal Contract. Notwithstanding
the provisions of Section 1 of this Service Agreement that the Interceptor Lines shall not be part
of the System, the parties agree nonetheless that the terms and provisions of the Wastewater
Disposal Contract (other than those terms declared to be inapplicable pursuant to Section 2
hereof) shall be applicable to their rights and responsibilities in regard to the use, financing and
operation of the Interceptor Lines such that as between them, the Interceptor Lines shall be
considered as if they were part of the System to be owned by LCRA, operated by BRA, and used
to provide Wastewater transportation services to Round Rock and Austin as Customers of the
Interceptor Lines as if they were the "System" as defined in the Wastewater Disposal Contract;
provided, however, Round Rock and Austin shall be the only "Customers" for the Reserved
Capacity in the Interceptor Lines; shall be entitled to the portions of the Reserved Capacity of
same as described in Exhibit B hereto; shall share 100% of the Annual Operation and
Maintenance Expense Requirement of the Interceptor Lines on the basis of their respective flows
into those lines pursuant to the methodology described in Section 5.05 of the Wastewater
Disposal Contract; and shall share in the Annual Project Requirement for the Interceptor Lines on
the basis described in Exhibit C hereto.
Section 6. Commencement of Wastewater Transportation Services. Notwithstanding
any other provisions of this Service Agreement, or the Wastewater Disposal Contract, BRA shall
commence provision of Wastewater transportation services to Round Rock and Austin from the
Southwest Interceptor Line and Round Rock South Interceptor Line upon acquisition of the
existing portions of each of those lines from Round Rock pursuant to the Interceptor Line
Acquisition Agreement.
2
Section 7. Effective Date. This Service Agreement shall become effective upon execution
by BRA, Round Rock and Austin.
Section 8. Term of Service Agreement. This Service Agreement shall continue in force
and effect from the Effective Date hereof for a period ending July 17, 2037, and thereafter, shall
continue in effect until any Bonds, or Bonds issued to refund same, if any, have been paid in full.
Round Rock and Austin hereunder shall have the right to the continued performance of services
provided hereunder for the useful life of the Southwest Interceptor Line and the Round Rock
South Interceptor Line to the extent of Round Rock's and Austin's Reserved Capacity in each of
those lines after amortization of LCRA's investment in those facilities, upon payment ofjust and
reasonable charges by them.
IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective
governing bodies have caused this Service Agreement to be duly executed in several counterparts,
each of which shall constitute an original, all as of the day of
2001.
ATTEST:
By:
Name:
Title:
BRAZOS RIVER AUTHORITY
By:
Name: Philip Ford
Title: General Manager
LOWER COLORADO RIVER AUTHORITY
By:
Name: Paul E. Thornhill, P.E.
Title: Manager, WaterCo
3
ATTEST:
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
Exhibits:
CITY OF ROUND ROCK
By:
Robert Stluka
Mayor
CITY OF AUSTIN
By
Roger Chan
Assistant City Manager
Exhibit A - Interceptor Lines (including portions to be acquired from Round Rock and the two
phases of the Southwest Interceptor Line to be constructed by LCRA).
Exhibit B - Reserved Capacity Table for Interceptor Lines
Exhibit C - Allocation Factors for Annual Project Requirement
4
t
'Exhibit A
Southwest Interceptor
and Round Rock South
Interceptor
pi
•
1%
1.11/ MAX 01 FEET
r"
F
t \ Phase A \ t } 7 1 =1
SOU West _ ;
' \Intercc s '"n } , ; �
F
,
,
EXHIBIT A TO INTERCEPTOR LINE ACQUISITION, CONSTRUCTION AND
TRANSPORTATION SERVICE CONTRACT
ck
ceptor
—
^ 1
Interceptor Line
Austin Reserved
Capacity
Round Rock Reserved
Capacity
Southwest Interceptor Line
1412 LUEs **
All Other LUEs **
Round Rock South Interceptor Line
1551 LUEs **
All Other LUEs **
EXHIBIT B
Interceptor Line
Acquisition, Construction and Transportation Service Contract
RESERVED CAPACITIES*
*Reserved Capacities in initial Interceptor Lines described on Exhibit A. Future Expansions to
those Interceptor Lines beyond those described on Exhibit A will be agreed upon as the
Expansions are designed.
** 1 LUE equals 350 gallons of Wastewater per day on a 30 -day average.
6
Interceptor Line
EXHIBIT C
Southwest Interceptor Line and Round Rock South Interceptor Line
Acquisition, Construction and Transportation Service Contract
Annual Project Requirement Allocation Percentages*
Austin Cost Share Round Rock Cost Share
Southwest Interceptor Line
A. Acquired from Round Rock 100% 0%
B. Constructed by LCRA 44.05% 55.95%
Round Rock South
Interceptor Line N /A % ** N /A % **
*Cost Shares in initial Interceptor Lines described on Exhibit A. Future Extensions to those
Interceptor Lines beyond those shown on Exhibit A will be agreed upon as the Expansions are
designed.
* *Currently, no Annual Project Requirement to be allocated. Allocations will be agreed upon
before any Expansions of the Round Rock South Interceptor Line are constructed.
7
DATE: July 20, 2001, 2001
SUBJECT: City Council Meeting — July 26, 2001
ITEM: 14.E.6. Consider a resolution authorizing the Mayor to execute an Interceptor
Line Acquisition, Construction and Transportation Service Contract
with the Brazos River Authority, the Lower Colorado River Authority,
and the City of Austin. In order to provide service to the southwest
portion of Round Rock a sewer line was constructed by the LCRA for
use of both Round Rock and Austin. This agreement covers the
construction, acquisition and transportation service for this line.
Resource: Jim Nuse, Public Works Director
History: In order to provide service to the southwest portion of Round Rock a sewer line
was constructed by the LCRA for use of both Round Rock and Austin. This
agreement covers the construction, acquisition and transportation service for this
line.
Funding:
Cost: Phase A- Southwest Interceptor: $1,124,870
Phase B and C — Lake Creek and Rubio: $ 746,117
Source of funds: Utility Account
Outside Resources: BRA, LCRA and City of Austin
Impact: This project provides wastewater service to the southwest portion of town.
Benefit: Efficient sewer service.
Public Comment: N/A
Sponsor: N/A
INTERCEPTOR LINE
ACQUISITION, CONSTRUCTION AND
TRANSPORTATION SERVICE CONTRACT
This "Interceptor Line Acquisition, Construction and Transportation Service Contract"
(the "Service Agreement ") is entered into among the Brazos River Authority ( "BRA "), the Lower
Colorado River Authority ( "LCRA'), the City of Round Rock ( "Round Rock ") and the City of
Austin ( "Austin "). Round Rock and Austin are hereafter sometimes referred to as the
"Customers."
RECITALS
BRA, LCRA, Austin and Round Rock are also parties, together with the City of Cedar
Park ( "Cedar Park ") to that certain Wastewater Disposal Contract dated October 1, 2000 (the
"Wastewater Disposal Contract ") pursuant to which BRA and LCRA, acting as an Alliance,
provide regional wastewater disposal services to Round Rock, Cedar Park, Austin and LCRA
itself from the Brushy Creek Regional Wastewater Disposal System (hereafter, the "System," as
defined in the Wastewater Disposal Contract).
The purpose of this Service Agreement is to provide for the construction, acquisition,
maintenance and operation of those two certain wastewater interceptor lines and related facilities
generally described on Exhibit A hereto (respectively, the "Southwest Interceptor Line" and the
"Round Rock South Interceptor Line" or, collectively, the "Interceptor Lines ") to be connected
with and flow to the System to provide wastewater transportation services to Round Rock and
Austin but not to Cedar Park or LCRA. NOW, THEREFORE,
IT IS HEREBY AGREED AMONG BRA, LCRA, ROUND ROCK AND AUSTIN AS
FOLLOWS:
Agreement
Section 1. Purpose of Service Agreement. The purpose of this Service Agreement is to
provide for construction, acquisition, maintenance and operation of the Interceptor Lines which
are to be connected to and flow into the System but which will not benefit Cedar Park or LCRA
and for which the parties agree Cedar Park and LCRA should not bear any cost responsibility.
This Service Agreement does not amend or change in any way the Wastewater Disposal Contract
or the rights and obligations of BRA, LCRA, Round Rock, Austin or Cedar Park thereunder. The
Interceptor Lines shall not become part of the System unless and until BRA, LCRA, Round Rock,
Cedar Park and Austin so agree. This Service Agreement is for Wastewater transportation
services only, not Wastewater treatment and disposal services.
Section 2. Definitions; Incorporation. Capitalized terms used herein have the meanings
ascribed to them in the Wastewater Disposal Contract except as otherwise provided herein. The
provisions of the Wastewater Disposal Contract are incorporated in this Service Agreement to the
1e- 01- 07- 026 - /4'E6
S: ! •
extent applicable as provided by this Service Agreement; provided, however, Sections 1.01(b),
(f), (g), (h), (ff), (jjj) and (mmin); 2.03; 2.04; 2.07; 3.01(6); 4.01(a); 5.04(b) and (e); Article VI;
and 7.23 are inapplicable hereto.
Section 3. Acquisition of Existing Portions of the Interceptor Lines. Contemporaneously
with execution of this Service Agreement, LCRA and Round Rock are entering into that certain
"Agreement for Acquisition of Wastewater System Assets (Southwest Interceptor Line and
Round Rock South Interceptor Line)" (the "Interceptor Line Acquisition Agreement ") pursuant
to which LCRA will acquire for the benefit of Austin and Round Rock certain existing portions of
the Interceptor Lines currently owned by Round Rock.
Section 4. Construction of Southwest Interceptor Line. LCRA agrees to construct and
acquire the Southwest Interceptor Line and acquire appropriate easements or rights -of -way for
the Southwest Interceptor Line in conformity with the requirements of Section 2.01 of the
Wastewater Disposal Contract, including retaining the services of BRA to provide inspection
during construction. All actions of LCRA, Round Rock and Austin heretofore undertaken or
accomplished in connection with this Section 4 are hereby in all respects ratified, approved and
confirmed by the parties. Notwithstanding anything herein to the contrary, the parties agree that
the Southwest Interceptor Line may be constructed and acquired in phases.
Section 5. Applicability of Provisions of Wastewater Disposal Contract. Notwithstanding
the provisions of Section 1 of this Service Agreement that the Interceptor Lines shall not be part
of the System, the parties agree nonetheless that the terms and provisions of the Wastewater
Disposal Contract (other than those terms declared to be inapplicable pursuant to Section 2
hereof) shall be applicable to their rights and responsibilities in regard to the use, financing and
operation of the Interceptor Lines such that as between them, the Interceptor Lines shall be
considered as if they were part of the System to be owned by LCRA, operated by BRA, and used
to provide Wastewater transportation services to Round Rock and Austin as Customers of the
Interceptor Lines as if they were the "System" as defined in the Wastewater Disposal Contract;
provided, however, Round Rock and Austin shall be the only "Customers" for the Reserved
Capacity in the Interceptor Lines; shall be entitled to the portions of the Reserved Capacity of
same as described in Exhibit B hereto; shall share 100% of the Annual Operation and
Maintenance Expense Requirement of the Interceptor Lines on the basis of their respective flows
into those lines pursuant to the methodology described in Section 5.05 of the Wastewater
Disposal Contract; and shall share in the Annual Project Requirement for the Interceptor Lines on
the basis described in Exhibit C hereto.
Section 6. Commencement of Wastewater Transportation Services. Notwithstanding
any other provisions of this Service Agreement, or the Wastewater Disposal Contract, BRA shall
commence provision of Wastewater transportation services to Round Rock and Austin from the
Southwest Interceptor Line and Round Rock South Interceptor Line upon acquisition of the
existing portions of each of those lines from Round Rock pursuant to the Interceptor Line
Acquisition Agreement.
2
2001.
ATTEST:
Section 7. Effective Date. This Service Agreement shall become effective as ofJuly 1,
Section 8. Term of Service Agreement. This Service Agreement shall continue in force
and effect from the Effective Date hereof for a period ending July 17, 2037, and thereafter, shall
continue in effect until any Bonds, or Bonds issued to refund same, if any, have been paid in full.
Round Rock and Austin hereunder shall have the right to the continued performance of services
provided hereunder for the useful life of the Southwest Interceptor Line and the Round Rock
South Interceptor Line to the extent of Round Rock's and Austin's Reserved Capacity in each of
those lines after amortization of LCRA's investment in those facilities, upon payment of just and
reasonable charges by them.
IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective
governing bodies have caused this Service Agreement to be duly executed in several counterparts,
each of which shall constitute an original, all as of the 1" day ofJuly, 2001.
By: 511,.;/..,21 C. V,.
Name: M;c..A,
Title: E %c MU& COwlit t
BRAZOS RIVER AUTHORITY
By:
Philip Ford
Title: General Manager
LOWER COLORADO RIVER AUTHORITY
By:
Name: Roddy J. tfioss, P.E.
Title: Executive Manager, Water and Wastewater
Utilities
3
ATTEST:
By:
Name:
Title:
ATTEST:
By:
Name
Title:
By:
1 JDAN,t+IE LAND
/557 any 1J4 ,eye.
ATTEST:
Name: B1E rrY G • 8.104.0
Title: AO Peer Y c, r Y c t E .f.e
Exhibits:
CITY OF RSUND ROCK
B
Mayor
CITY OF AUSTIN
By
ger Chan
ssistant
Exhibit A - Interceptor Lines (including portions to be acquired from Round Rock and the two
phases of the Southwest Interceptor Line to be constructed by LCRA).
Exhibit B - Reserved Capacity Table for Interceptor Lines
Exhibit C - Allocation Factors for Annual Project Requirement
4
Exhibit A
Southwest Interceptor
and Round Rock South
Interceptor
EXHIBIT A TO INTERCEPTOR LINE ACQUISITION, CONSTRUCTION AND
TRANSPORTATION SERVICE CONTRACT
Interceptor Line
Austin Reserved
Capacity
Round Rock Reserved
Capacity
Southwest Interceptor Line
1412 LUEs **
All Other LUEs ** .
Round Rock South Interceptor Line
1551 LUEs **
All Other LUEs **
EXHIBIT B
Interceptor Line
Acquisition, Construction and Transportation Service Contract
RESERVED CAPACITIES*
*Reserved Capacities in initial Interceptor Lines described on Exhibit A. Future Expansions to
those Interceptor Lines beyond those described on Exhibit A will be agreed upon as the
Expansions are designed.
** 1 LUE equals 350 gallons of Wastewater per day on a 30 -day average.
6
Interceptor Line
EXHIBIT C
Southwest Interceptor Line and Round Rock South Interceptor Line
Acquisition, Construction and Transportation Service Contract
Annual Project Requirement Allocation Percentages*
Southwest Interceptor Line
A. Acquired from Round Rock 100% 0%
B. Constructed by LCRA 44.05% 55.95%
Round Rock South
Interceptor Line N /A % ** N /A % **
*Cost Shares in initial Interceptor Lines described on Exhibit A. Future Extensions to those
Interceptor Lines beyond those shown on Exhibit A will be agreed upon as the Expansions are
designed.
* *Currently, no Annual Project Requirement to be allocated. Allocations will be agreed upon
before any Expansions of the Round Rock South Interceptor Line are constructed.
Austin Cost Share Round Rock Cost Share
7
SCANNED #1(.2.
LAW OFFICES OF
RONALD J. FREEMAN
PHONE(512)451-6689 2304 Hancock, Suite 6
FAX (512) 453 -0865 Austin, Texas 78756
Mr. John Tresnicky
City of Austin
114 West Seventh
Norwood Tower
PO Box 1546
Austin, TX 78767 -1546
Mr. Stephan Sheets
Brown McCarroll &
Oaks Hartline
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, Texas 78664 -5246
RJF:jjs
Enclosure
cc: Jim Clarno.
Madison Jechow
August 23, 2001
)';t-r)" -''t 1''
e-mail TXWATERRES@aol.com
(512) 797 -6649 MOBILE
Re: Interceptor Line Acquisition, Construction and Transportation Service Contract
Dear John and Steve:
Enclosed are executed originals of the referenced agreement for your clients' files. By
copy of this letter I am forwarding LCRA's executed original to Madison Jechow for LCRA's
files.
Very truly yours,
Ronald J. Freeman