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R-80-334 - 10/9/19801 '' t' ' JOANNE LAND, City Secretary Dear Sir: BRAZOS RIVER AUTHORITY Mr. Bob Bennett, AICP City Manager, City of Round Rock 214 E. Main Street Round Rock, Texas 78664 4400 COBBS DRIVE P 0. BOX 7555 TELEPHONE AREA CODE 817 778.1441 WACO. TEXAS-76710 September 29, 1980 As you know, the Brazos River Authority was, at the time the contract between the Authority and Round Rock for water supply from Lake Georgetown (North Fork Lake) was executed, negotiating a contract with the United States of America for the conservation storage space in Lake Georgetown on the basis of prior commitments between the Au- thority and the U.S. Army Corps of Engineers. This was acknowledged in Article I of the contract between the Authority and Round Rock, and a draft of a contract in substantially the form expected to be executed by the Authority and the United States government was at- tached to the contract between the Authority and Round Rock. Also, Article X provided that if a'contract between the Authority and the United States had not been executed by January 1, 1980; the contract between the Authority and Round Rock would become null and void. In April 1979, the Authority executed a contract, substantially iden- tical to the draft attached to the contract between the Authority and Round Rock, that had been submitted to the Authority by the District Engineer, Fort Worth District, U.S. Army Corps of Engineers (the con- tracting officer for the contract between the Authority and the United States). Late in 1979, the Corps of Engineers returned a slightly modified version of the contract which it wished to substitute for the contract already executed by the Authority. Since the changes that had been made in the contract were not of a substantive nature, the Authority executed and returned the revised version to the Corps of Engineers in January 1980. In August 1980, the Corps of Engineers notified the Authority that the Secretary of the Army, whose approval is required before a con- tract for conservation storage space in a Federal lake can become -- effective, has determined that the following Article should be added to the contract: "ARTICLE 17. Water Conservation. There is a strong Federal in- terest in the efficient use of Federal projects and this Mr. Bob Bennett - cont'd.. September 29, 1980 Page 2 objective may be served by effective management of the use of water from the system into which a Federal project is in tegrated. Therefore, prior to the first use of storage space indicated in Article 1(b)(1), the Authority shall sub+ mit to the Contracting Officer for his approval a management plan which incorporates loss reduction measures and demand management practices which ensure that the available supply is used in an economically efficient and environmentally sensitive manner. The plan shall contain a program for im+ plementation of specific time •phased measures. At not -•to+ exceed five -year intervals, the Authority and the Contracting Officer shall review and' modify the plan as the results of the implementation of measures are made apparent and as the system supplies and user demands change." The Board of Directors of the Brazos River Authority has expressed to the Corps of Engineers its objection to having this Article in- cluded in the contract for the conservation storage space in Lake Georgetown, and the Board has not yet had an opportunity to con- sider the Corps' response to this objection. Until this matter is settled, execution of the contract between the Authority and the United States government will not be final and technically the contract between the Authority and Round Rock will be null and void unless action is taken to extend it. Accordingly, we have prepared the enclosed extension and amendment to extend the contract between the Authority and Round Rock to allow until Jan- uary 1, 1982, for the contract between the Authority and the Federal government to be finally executed. If the proposed Article 17 is included in the final version of our contract with the Federal government for the conservation storage space in Lake Georgetown, it may be necessary to further amend our contract with the City of Round Rock to reflect the inclusion of Article 17 in our contract with the Federal government. If the enclosed extension and amendment meets with your approval, please let us know at your earliest convenience so that we may present it to our Board of Directors for consideration at the October Board meeting. Please let us know if you have any ques+ tions or suggestions regarding it. WJW :bb Encl. Sincerely, Act ALTER J. WELLS Gen- a anager EXTENSION AND AMENDMENT OF WATER SUPPLY CONTRACT BY AND BETWEEN BRAZOS RIVER AUTHORITY AND CITY OF ROUND ROCK BRAZOS RIVER AUTHORITY ( "Authority "), a ri,ver authority of the State of Texas, and the City of Round Rock ( "Round Rock ") of Williamson County, Texas, agree as follows: 1. RECITALS. Round Rock and Authority have hereto- fore entered into a contract dated May 2, 1978, providing that Authority shall supply water to Round Rock from North Fork Lake on the North Fork of the San Gabriel River in Williamson County, Texas. Article X of that contract pro- vides as follows: "The obligations of the parties to this contract are conditioned upon execution by Authority and the United States of the contract described in Article 1, above, on or before January 1, 1980. Should Authority or the United States fail to execute such contract on or before January 1, 1980, this contract shall be null and void and neither party to this contract shall have any further obligation to the other for performance of its undertakings under this contract." The aforesaid contract between the Authority and the United States has not yet been executed. Authority is continuing its efforts to obtain final agreement on the terms of said contract and to get it executed on behalf of the United States. The purpose of this Agreement is to reinstate the contract of May 2, 1978, and to extend the time specified for execution of the contract between Authority and the United States in the aforesaid Article X from January 1, 1980 to January 1, 1982. 2. REINSTATEMENT. The provision of the aforesaid Article X of the contract between Authority and Round Rock of May 2, 1978, to the effect that the contract should be null and void if the contract between the Authority and the United States were not executed on or before January 1, 1980, is amended to change the date January 1, 1980 to January 1,e 1982, and it is agreed that notwithstanding the provisions of X, the contract has not become null and void by Extension and Amendment - cont'd. virtue of failure of Authority and the United States to execute such contract on or before January 1, 1980. ATTEST: ATTEST: Secretary DATED THIS THE Carson H. Hoge, Asst. Secretary day of 1980. BRAZOS RIVER AUTHORITY By Walter J. Wells, General Manager CITY OF ROUND ROCK Page 2 By Bob Bennett City Manager EXTENSION AND AMENDMENT OF WATER SUPPLY CONTRACT BY AND BETWEEN BRAZOS RIVER AUTHORITY AND CITY OF ROUND ROCK BRAZOS RIVER AUTHORITY ( "Authority "), a river authority of the State of Texas, and the City of Round Rock ( "Round Rock ") of Williamson County, Texas, agree as follows: 1. RECITALS. Round Rock and Authority have hereto- fore entered into a contract dated May 2, 1978, providing that Authority shall supply water to Round Rock from North Fork Lake on the North Fork of the San Gabriel River in Williamson County, Texas. Article X of that contract pro- vides as follows: "The obligations of the parties to this contract are conditioned upon execution by Authority and the United States of the contract described in Article I, above, on or before January 1, 1980. Should Authority or the United States fail to execute such contract on or before January 1, 1980, this contract shall be null and void and neither party to this contract shall have any further obligation to the other for performance of its undertakings under this contract." The aforesaid contract between the Authority and the United States has not yet been executed. Authority is continuing its efforts to obtain final agreement on the terms of said contract and to get it executed on behalf of the United States. The purpose of this Agreement is to reinstate the contract of May 2, 1978, and to extend the time speci- fied for execution of the contract between Authority and the United States in the aforesaid Article X from January 1, 1980 to January 1, 1982, and to amend certain language in Article II of the contract of May 2, 1978. 2. REINSTATEMENT. The provision of the aforesaid Article X of the contract between Authority and Round Rock of May 2, 1978, to the effect that the contract should be null and void if the contract between the Authority and the United States were not executed on or before January 1, 1980, is amended to change the date January 1, 1980 to January 1, 1982, and it is agreed that notwithstanding the S. Extension and Amendment - cont'd. provisions of Article X, the contract has not become null and void by virtue of failure of Authority and the United States to execute such contract on or before January 1, 1980. 3. AMENDMENT. The third sentence of Article II of the contract between Authority and Round Rock of May 2, 1978, is amended to read as follows: ATTEST: Carson H. Hoge, Asst. Secretary ATTEST: "At least 180 days in advance of the date on which Round Rock wishes to begin withdrawals from Lake and at least 30 days in advance of the date on which Round Rock wishes to increase the Rate at which withdrawals may be made, Round Rock will give Au- thority written notice of the desired Rate and the date on which such Rate shall become effective." DATED THIS THE City Secretary BY BRAZOS RIVER AUTHORITY BY day of 1980. Walter J. Wells General Manager CITY OF ROU ROCK Larry L. T•`n, Ma or ` -- City of Round Rock Page 2 Dear Bob: BRAZOS RIVER AUTHORITY Mr. Robert L. Bennett City Manager City of Round Rock 214 East Main Street Round Rock, Texas 78664 4400 COBBS DRIVE P. 0. BOX 7555 TELEPHONE AREA CODE 817 776.1441 WACO, TEXAS •76710 October 29, 1980 At its meeting October 27, 1980, our Board of Directors approved the Extension and Amendment of the Water Supply Contract between the Authority and the City of Round Rock that T discussed with you in our telephone conversations and hand delivered to Mr. Paul Gambrel at the meeting in Georgetown on October 15. Enclosed are two copies of the Extension and Amendment that have been executed on behalf of the Authority by General Manager Walter J. Wells. Please return one copy to us after it has been executed on behalf of the City of Round Rock. Please call me when we can be of further service to you. CHH:bb Encl. CARSON H. HOGE, P.E. • Assistant General Manager WHEREAS, the Brazos' River and the City have heretofore entered into a contract providing that the Authori- ty shall supply water to the City from the North Fork Lake, and 1 WHEREAS, the Authority has proposed an agreement pro- viding for the amendment and extension of the water supply contract, and WHEREAS, the Council desires to enter into the agreement with Authority, 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 with the Brazos River Authority, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 9th day of October 1980. ATTEST: 'RESOLUTION NO. , z,/,,e ty Secretary 11116011k a7`l RY L. TONN, ayor City of Round Rock, Texas EXTENSION AND AMENDMENT OF WATER SUPPLY CONTRACT BY AND BETWEEN BRAZOS RIVER AUTHORITY AND CITY OF ROUND ROCK BRAZOS RIVER AUTHORITY ( "Authority "), a river authority of the State of Texas, and the City of Round Rock ( "Round Rock ") of Williamson County, Texas, agree as follows: 1. RECITALS. Round Rock and Authority have hereto- fore entered into a contract dated May 2, 1978, providing that Authority shall supply water to Round Rock from North Fork Lake on the North Fork of the San Gabriel River in Williamson County, Texas. Article X of that contract pro- vides as follows: "The obligations of the parties to this contract are, conditioned upon execution by Authority and the United States of the contract described in Article I, above, on or before January 1, 1980. Should Authority or the United States fail to execute such contract on or before January 1, 1980, this contract shall be null and void and neither party to this contract shall have any further obligation to the other for performance of its undertakings under this contract." The aforesaid contract between the Authority and the United States has not yet been executed. Authority is continuing its efforts to obtain final agreement on the terms of said contract and to get it executed on behalf of the United States. The purpose of this Agreement is to reinstate the contract of May 2, 1978, and to extend the time speci- fied for execution of the contract between Authority and the United States in the aforesaid Article X from January 1, 1980 to January 1, 1982, and to amend certain language in Article II of the contract of May 2, 1978. 2. REINSTATEMENT. The provision of the aforesaid Article X of the contract between Authority and Round Rock of May 2, 1978, to the effect that the contract should be null and void if the contract between the Authority and the United States were not executed on or before January 1, 1980, is amended to change the date January 1, 1980 to January 1, 1982, and it is agreed that notwithstanding the _Extension and Amendment - Round Rock - cont'd. Page 2 provisions of Article X, the contract has not become null and void by virtue of failure of Authority and the United States to execute such contract on or before January 1, 1980. 3. AMENDMENT. The third sentence of Article II of the contract between Authority and Round Rock of May 2, 1978, is amended to read as follows: "At least 180 days in advance of the date, which shall coincide with the first of a month, on which Round Rock wishes to begin withdrawals from Lake and at least 30 days in advance of the date on which Round Rock wishes to increase the Rate at which withdrawals may be made, Round Rock will give Authority written notice of the desired Rate and the date on which such Rate shall become effective." DATED THIS THE 29th day of October ATTEST: Carson H. Hoge, Asst. cretary ATTEST: i741)( Secretary • 1980. BRAZOS RIVER AUTHORITY alte Q Yel is Gene anager