R-84-622 - 6/28/1984RESOLUTION NO. 60101R
WHEREAS, an agreement has been drafted between the City of
Cedar Park, Bill Milburn, Inc., Brushy Creek W.C.I.D. No. 1 of
Williamson and Milam Counties, Texas, Adla Nelson, Avery Ranch
Partnership and the City of Round Rock, and
WHEREAS, said agreement provides that Bill Milburn, Inc. and
Cedar Park will either participate in the regional wastewater
system or construct and operate their respective wastewater
treatment plants in accordance with the Edwards Aquifer rules
adopted by the Texas Water Development Board, and
WHEREAS, the City Council wishes to approve said agreement,
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 concerning regional sewer with
the aforementioned parties, a copy of said agreement being
attached hereto and incorporated for all purposes.
RESOLVED this 28th day of June, 1984.
ATTEST:
LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock
•
MEMORANDUM OF''JNDERSTANDING
UPPER BRUSHY CREEK REGIONAL WASTEWATER SYSTEM
June 26, 1984
The undersigned parties, desiring to reach an amicable resolu- •
tion of the issues surrounding certain existing permits and pending
applications for permits to discharge waste in the upper Brushy Creek
Watershed and to foster measures to protect the quality of surface
and ground water tesources, have agreed that a regional wastewater
collection, treatment and disposal system (the "Regional System ")
offers the most practical and feasible solution to the issues and
that the concurrence of the undersigned parties in this Memorandum of
Understanding is an important step in accomplishing those objectives.
Accordingly, the parties hereto agrees as follows:
1. Regional Facilities.
(a) Brushy Creek Water Control IS Improvement District No.
1 of Williamson and Milam Counties ( "BCWCID ") shall undertake to
secure a permit for and construct a wastewater treatment plant (the
"Regional Plant ") as a part of the Regional System, which plant shall
be in operation by January 1, 1987,•and petition the Texas
Department of Water Resources. pursuant.to.Segtions 26.081 - 26.083,
Texas Water Code, ,for and actively seek . (1) the delineation of the
upper Brushy Creek Watershed, or a portion thereof • sufficient for the
implementation i of an areawide management system, as a wastewater
management region, and (2) the designation of itself as the regional
wastewater management entity for the defined region. The Regional
Plant shall be located in the Brushy Creek Watershed and is anticipated
to be located on a site east of IH35. If the permit and the necessary
regionalization orders are not issued by April 1, 1985, then the
undersigned parties shall not be bound by the terms of this Memorandum
of Understanding; provided that this time limitation may be extended
by mutual agreement of the parties hereto.
(b) The City of Cedar Park ( "Cedar Park ") and Bill Milburn,
Inc. ( "Milburn "), agree to participate in the construction of an
outfall line ( "Line A ") with a capacity recommended by BCWCID to
transport treated wastewater effluent (hereafter "Effluent ") from the
Cedar Park area to a point of discharge on South Brushy Creek on the
1800 -acre Avery Ranch (owned by the Adla Nelson Avery Ranch Partnership,
refer "Avery ") about 4,000 feet below Avery Lake, which Line A
shall be in operation by January 1, 1987 and shall be constructed so
that it may be converted to a line to transport untreated wastewater .
and be connected to the Regional System when the Regional System
becomes operational, as contemplated in the contract between Cedar
Park, Milburn and others for the creation of Williamson- Travis Counties
MUD No. 1, and the' contract between Milburn and Avery in settlement
of the pending application of Milburn for a waste discharge to the
South Brushy Creek Watershed.
(c) BCWCID shall undertake to finance the construction of
a line for untreated wastewater ( "Line•B ") extending from the downstream
end of Line A to the Regional Plant, which Line B shall be in operation
by January 1, 1987.
2. Temporary Discharges to Upper Brushy Creek.
(a) Until January 1, 1987, the following parties may
.discharge the following quantities of Effluent into the South Brushy
Creek Watershed above Avery Lake:
(1) Milburn - to serve wastewater customers
in Anderson Mill West Subdivision.
The Effluent shall be treated to the
level specified in Milburn's pending
waste discharge permit application as
amended at the application hearing.
(2) Cedar Park - to serve wastewater
,customers within its corporate limits
and extraterritorial jurisdiction. The
Effluent shall be treated to the level
specified in Cedar Park's existing
waste discharge permit.
100,000 gpd
125,000 gpd
Total 225,000 gpd
(b) Until January 1, 1987, any Effluent from Cedar Park
in excess of 125,000 gpd and up to (but not to exceed) 350,000 gpd
must be transported by pipeline around and discharged to South Brushy
Creek on the Avery Ranch at a point below Avery Lake. Until January
1, 1987, Milburn may not discharge in excess of the said 100,000 gpd
of Effluent into the South Brushy Creek Watershed, all of which
shall be discharged upstream of Avery Reservoir.
(c) None of the parties hereto shall object to, protest
or otherwise oppose existing, pending or proposed permits or appli-
cations for permits or for amendments to permits to discharge Effluent
as provided above in this paragraph 2, and any parties presently ob-
jecting to the same agree to withdraw their opposition.
3. When Regional System Becomes Operational.
At such time as the Regional • System becomes operational,
Milburn and Cedar Park shall terminate the use of their respective
wastewater treatment facilities and deliver all untreated wastewater
from their areas to'the Regional System through Line A, subject to
the following: (1) Line B and the Regional Plant shall be operationa l�
by January 1, 1987, or (2) the actual construction thereof shall be
underway by January 1, 1987, with a reasonably projected date of no
later than July 1, 1987, for the same to be completed and placed in
land 17) Provided +hat it is Ctonommeily feasible. 4.t Cedar mei '
operation, If condition (2) in this paragraph 3 prevails, Cedar Park :mi
+hs,
and Milburn may continue to discharge Effluent from their areas to 1^ pi'
South Brushy Creek as specified in paragraph 2 until Line B and the F..
4.. a►
Regional Plant are in operation: If condition (2) in this paragraph p
Wa:kva
prevails, and if the volume of wastewater fiom Anderson Mill West e.
Nlshmi,iu
Subdivision must exceed 100,000 gpd in order to accommodate development
in the subdivision, then any Effluent from the subdivision in excess
of 100,000 gpd and up to (but not to exceed) 150,000 gpd must be
transported by pipeline around and discharged to,South Brushy Creek
on the Avery Ranch at a point approximately 4,000 feet below Avery
Lake until Line B and the Regional Plant are in operation. The
undersigned agree not to protest, object to or oppose the actions
described in the two preceding sentences.
4. If Regional System Not Ready.
If the Regional Plant and Line B are not operational within
the applicable time period specified in paragraph 3, then the under-
signed parties shall not be bound by the terms of this Memorandum of
Understanding, provided that this time limitation may be extended by
mutual agreement of the parties hereto; and provided further Cedar
Park and Milburn agree that they shall then (a) discharge all Effluent
from their areas to a point on South Brushy Creek on the Avery Ranch
approximately 4,000 feet below Avery Reservoir, (b) treat the Effluent
before it is discharged to a quality corresponding to the effluent
standards specified in the current Texas Water Development Board
".f(rles regulating.waste discharge's from wastewater treatment'p•lants in •
the Edwards Aquifer region for Bexar County [Rule 156.20.01.003(b)(10)]
(c) construct and operate the plants in compliance with paragraphs .
(1), (5), (6), (8), (9), (12), and (13) of said Rule, and (d) provide
a holding pond as prescribed in paragraph (7) of said rule, but with
a holding capacity of six (6) hours.
Under the conditions specified in this paragraph 4, the under-
signed agree not to protest, object to or oppose any permits or
applications for permits or for amendments to permits necessary to
serve the area within Park's corporate limits and extra-
territorial jurisdiction and Anderson Mill West Subdivision that meet
the effluent standards specified in said rules.
5. Other Provisions.
(a) Upon request by BCWCID, Cedar Park and Milburn agree
to transfer the waste discharge permits for their wastewater
,treatment plants serving their areas to BCWCID and to permit BCWCID
-
to operate their plants, provided that it is economically feasible
for Cedar Park to do so and the impact on the rate structure for the
Cedar Park wastewater system is insignificant. Milburn shall not be
required to transfer its permit and the operation of its wastewater
treatment plant to BCWCID unless Cedar Park transfers its permit and
the operation of its'wastewater treatment plant to BCWCID.
(b) All parties hereto agree to endorse the planning,
development and implementation of the Regional System and to cooperate ;
with BCWCID in obtaining the participation of the potential users o
the Regional System in financing the cost thereof (including the
cost of Line A and Line B) so long as the projected construction and l"
operation costs related to the Regional System are reasonable in
an al pr.rsit s4 *MA rS
relation to the benefits to be received Iwl Call parr.% p.. c.,p. },.n le
Condi4t.nt♦ Ih.l cash 'arl.cy►dl.h *hail nci krmininah or hart. a. msitrI4I
(c) The parties hereto agree that this Memorandum of tfo J
lib cum
Understanding is solely for the benefit of the parties hereto, and perw.if
a..1 �
p.....(
that none of the undersigned by executing this Memorandum of Under- fin.•.
plan m
standing waives any rights it may have or assert as_to any party or paaitn
4, Os
parties not a signatory hereto. /mow thi •Mg'
pla awrl t•Illch4
(d) This Memorandum of Understanding shall not be effective w'
as to any of the parties hereto until all of the parties named below
have executed the same.
-4-
. EXECUTED below in multiple,originals by each of the parties
her-'etd as of the date noted under each.party's name.
BRUSHY CREEK WATER CONTROL &
IMPROVEMENT DISTRICT NO. 1
OF WILLIAMSON AND MILAM
COUNTIES, TEXAS
CITY OF CEDAR PARK
ADLA NELSON AVERY RANCH PARTNERSHIP
CITY OF ROUND ROCK
BILL MILBURN, INC.
-5-
MEMORANDUM OF UNDERSTANDING
UPPER BRUSHY CREEK REGIONAL WASTEWATER SYSTEM
June 26, 1984
The undersigned parties, desiring to reach an amicable resolu-
tion of the issues surrounding certain existing permits and pending
applications for permits to discharge waste in the upper Brushy Creek
Watershed and to foster measures to protect the quality of surface
and ground water resources, have agreed that a regional wastewater
collection, treatment and disposal system (the "Regional System ")
offers the most practical and feasible solution to the issues and
that the concurrence of the undersigned parties in this Memorandum of
Understanding is an important step in accomplishing those objectives.
Accordingly, the parties hereto agrees as follows:
1. Regional Facilities.
(a) Brushy Creek Water Control & Improvement District No.
1 of Williamson and Milam Counties ( "BCWCID ") shall undertake to
secure a permit for and construct -a wastewater treatment plant (the
"Regional Plant ") as a part of the Regional System, which plant shall
be in operation by January 1, 1987, and shall petition the Texas
Department of Water Resources pursuant to Sections 26.081 - 26.083,
Texas Water Code, for and actively seek (1) the delineation of the
upper Brushy Creek Watershed, or a portion thereof sufficient for the
implementation of an areawide management system, as a wastewater
management region, and (2) the designation of itself as the regional
wastewater management entity for the defined region. The Regional
Plant shall be located in the Brushy Creek Watershed and is anticipated
to be located on a site east of IH35. If the permit and the necessary
regionalization orders are not issued by April 1, 1985, then the
undersigned parties shall not be bound by the terms of this Memorandum
of Understanding; provided that this time limitation may be extended
by mutual agreement of the parties hereto.
(b) The City of Cedar Park ( "Cedar Park ") and Bill Milburn,
Inc. ( "Milburn "), agree to participate in the construction of an
outfall line ( "Line A ") with a capacity recommended by BCWCID to
transport treated wastewater effluent (hereafter "Effluent ") from the
Cedar Park area to a point of discharge on South Brushy Creek on the
1800 -acre Avery Ranch (owned by the Adla Nelson Avery Ranch Partnership,
hereafter "Avery ") about 4,000 feet below Avery Lake, which Line A
shall be in operation by January 1, 1987 and shall be constructed so
that it may be converted to a line to transport untreated wastewater
and be connected to the Regional System when the Regional System
becomes operational, as contemplated in the contract between Cedar
Park, Milburn and others for the creation of Williamson- Travis Counties
MUD No. 1, and the contract between Milburn and Avery in settlement
of the pending application of Milburn for a waste discharge to the
South Brushy Creek Watershed.
(c) BCWCID shall undertake to finance the construction of
a line for untreated wastewater ( "Line B ") extending from the downstream
end of Line A to the Regional Plant, which Line B shall be in operation
by January 1, 1987.
2. Temporary Discharges to Upper Brushy Creek.
(a) Until January 1, 1987, the following parties may
discharge the following quantities of Effluent into the South Brushy
Creek Watershed above Avery Lake:
(1) Milburn - to serve wastewater customers
in Anderson Mill West Subdivision.
The Effluent shall be treated to the
level specified in Milburn's pending
waste discharge permit application as
amended at the application hearing.
(2) Cedar Park - to serve wastewater
customers within its corporate limits
and extraterritorial jurisdiction. The
Effluent shall be treated to the level
specified in Cedar Park's existing
waste discharge permit.
-2-
100,000 gpd
125,000 gpd
Total 225,000 gpd
(b) Until January 1, 1987, any Effluent from Cedar Park
in excess of 125,000 gpd and up to (but not to exceed) 350,000 gpd
must be transported by pipeline around and discharged to South Brushy
Creek on the Avery Ranch at a point below Avery Lake. Until January
1, 1987, Milburn may not discharge in excess of the said 100,000 gpd
of Effluent into the South Brushy Creek Watershed, all of which
shall be discharged upstream of Avery Reservoir.
(c) None of the parties hereto shall object to, protest
or otherwise oppose existing, pending or proposed permits or appli-
cations for permits or for amendments to permits to discharge Effluent
f
as provided above in this paragraph 2, and any parties presently ob-
jecting to the same agree to withdraw their opposition.
3. When Regional System Becomes Operational.
At such time as the Regional System becomes operational,
Milburn and Cedar Park shall terminate the use of their respective
wastewater treatment facilities and deliver all untreated wastewater
from their areas to the Regional System through Line A, subject to
the following: (1) Line B and the Regional Plant shall be operational
by January 1, 1987, or (2) the actual construction thereof shall b
underway by January 1, 1987, with a reasonably projected date of no
later than July 1, 1987, for the same to be completed and placed in
and 3) proeidad +hat 4 1s ECOnottmttally f'easibl. .rat Cedar tra de so
operation, If condition (2) in this paragraph 3 prevails, Cedar Park
and Milburn may continue to discharge Effluent from their areas to t P } ho
South Brushy Creek as specified in paragraph 2 until Line B and the b} 4,re.
Arc }ht.
Regional Plant are in operation. If condition (2) in this paragraph P.'
WAS kb/Oka
prevails, and if the volume of wastewater from Anderson Mill West system
• Insiq.ntiian3
Subdivision must exceed 100,000 gpd in order to accommodate development
in the subdivision, then any Effluent from the subdivision in excess
of 100,000 gpd and up to (but not to exceed) 150,000 gpd must be
transported by pipeline around and discharged to South Brushy Creek
on the Avery Ranch at a point approximately 4,000 feet below Avery
Lake until Line B and the Regional Plant are in operation. The
undersigned agree not to protest, object to or oppose the actions
described in the two preceding sentences.
4. If Regional System Not Ready.
If the Regional Plant and Line B are not operational within
the applicable time period specified in paragraph 3, then the under-
signed parties shall not be bound by the terms of this Memorandum of
Understanding, provided that this time limitation may be extended by
mutual agreement of the parties hereto; and provided further Cedar
Park and Milburn agree that they shall then (a) discharge all Effluent
from their areas to a point on South Brushy Creek on the Avery Ranch
approximately 4,000 feet below Avery Reservoir, (b) treat the Effluent
before it is discharged to a quality corresponding to the effluent
standards specified in the current Texas Water Development Board
-
rules regulating waste discharges from wastewater treatment plants in •
the Edwards Aquifer region for Bexar County [Rule 156.20.01.003(b)(10)],
(c) construct and operate the plants in compliance with paragraphs
(1), (5), (6), (8), (9), (12), and (13) of said Rule, and (d) provide
a holding pond as prescribed in paragraph (7) of said rule, but with
a holding capacity of six (6) hours..
Under the conditions specified in this paragraph 4, the under-
signed agree not to protest, object to or oppose any permits or
applications for permits or for amendments to permits necessary to
serve the area within Cedar Park's corporate limits and extra-
territorial jurisdiction and Anderson Mill West Subdivision that meet•
the effluent standards specified in said rules.
5. Other Provisions.
(a) Upon request by BCWCID, Cedar Park and Milburn agree
to transfer the waste discharge permits for their wastewater
. treatment plants serving their areas to BCWCID and to permit BCWCID
to operate their plants, provided that it is economically feasible
for Cedar Park to do so and the impact on the rate structure for the
Cedar Park wastewater system is insignificant. Milburn shall not be
required to transfer its permit and the operation of its wastewater
treatment plant to BCWCID unless Cedar Park transfers its permit and
the operation of its wastewater treatment plant to BCWCID.
(b) All parties hereto agree to endorse the planning,
development and implementation of the Regional System and to cooperate IL,
with BCWCID in obtaining the participation of the potential users of ,
the Regional System in financing the cost thereof (including the
cost of Line A and Line B) so long as the projected construction and
operation costs related to the Regional System are reasonable in
And provided 04.4 r+
relation to the benefits to be received, I. Codex 1 por � ..p.}i•n Is
conditioned, ih.4 s.ch per1.c,pw4.•11 ah.11 n•f 4trrrtu ,n -I' or hoot. o. m *Air 1.41
(c) The parties hereto agree that this Memorandum of I N I V* ,pp•r
Ifs ttlsfln
Understanding is solely for the benefit of the parties hereto, and ;"dli�
1 3
prism 1.
that none of the undersigned by executing this Memorandum of Under- fln.ncin,
pion Ana
standing waives any rights it may have or assert as to any party orf7
fir 1♦e
parties not a signatory hereto. prt :InFlh.rr•p.ttd
Wssft.rl►kr ireohntwl
plonf and e•Iltc4l•w
(d) This Memorandum of Understanding shall not be effective $$th'
as to any of the parties hereto until all of the parties named below
have executed the same.
•
-4-
EXECUTED below in multiple originals by each of the parties
hereto as of the date noted under each party's name.
. BRUSHY CREEK WATER CONTROL &
IMPROVEMENT DISTRICT NO. 1
OF WILLIAMSON AND MILAM
COUNTIES, TEXAS
BY: i,
DATA y
CITY OF CEDAR PARK
,g11V! S`4
ADLA NELSON AVERY RANCH PARTNERSHIP
CITY OF ROUND ROCK
BY:
DATE:
BILL MILBURN, INC.
-5-
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