R-86-922 - 10/9/1986RESOLUTION NO. J _
WHEREAS, The City of Round Rock has heretofore entered i
a wastewater disposal contract dated 12/16/85 providing for the
construction and operation of a regional wastewater system; and
WHEREAS; the parties recognized that there would be a need
for interim wastewater transportation and treatment servic.__
from The City of Round Rock. and
WHEREAS, the parties have prepared an interim wastewater
disposal contract that is being recommended to all the governing:
bodies of the parties, NOW THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND Ri:lt:
TEXAS
That The Mayor is hereby authorized and directed to execute
on behalf of The City of Round Rock the Interim Wastewoi:. °'r
Disposal Contract., a copy of said contract being attached hereto
and incorporated herein for all purposes.
RESOLVED this 9th day of October, 1986.
ATTEST:
NNE LAND, City Secretary
DLW/jmb
10/7/86
Mu l t i rnat.e program
Resolution Disk.
Titled: Wastewaterk
MIKE ROBINSON, Mayor
City of Round Rock. Texan
INTERIM WASTEWATER DI'S'POSAL CONTRACT
This agreement is entered into by and among Brushy Creek Water
Control and Improvement District No. 1 of Williamson and Milan
Counties the ( "District "), the City of Austin ( "Austin "), the
City of Round Rock ( "Round Rock "), Williamson County Municipal
Utility District No. 2 ( "MUD 2 "), and Williamson County Municipal
Utility District No. 3 ( "MUD 3 "); all of such parties other than
the District being collectively referred to as the "Customers ".
WHEREAS, the District and the Customers have heretofore
entered into a Wastewater Disposal Contract dated December 16,
1985, hereinafter referred to as the "Contract ", providing for
the construction and operation of a regional wastewater system,
and;
WHEREAS, Article 10, Section 10.02 of said Wastewater
Disposal Contract provides for the District to enter into an
agreement with Round Rock, to obtain interim wastewater
transportation and treatment capacity and services in the Round
Rock Wastewater Transportation and Treatment System, and
WHEREAS, Round Rock is willing to provide such capacities as
provided for hereinafter;
NOW, THEREFORE, the District, Round Rock, and the other
Customers hereby agree as follows:
ARTICLE I.
WASTEWATER TRANSPORTATION.
SECTION 1.01 NECESSARY IMPROVEMENTS: The parties hereto
recognize that Round Rock does not now have complete facilities
to provide the wastewater .transportation contemplated by this
agreement and any obligation of Round Rock to provide such
transportation is contingent the completion of certain
additional facilities.
SECTION 1.02 FACILITIES TO BE COMPLETED: The facilities
which must be completed before Round Rock can provide any
wastewater transportation hereunder are:
a. Round Rock's Onion Branch CIP.
b. Round Rock's Lake Creek 36" Interceptor and 60"
Interceptor and Round Rock's 60" Brushy Creek
Interceptor.
c. Round Rock's 2.5 mgd wastewater treatment plant.
d. (1) Round Rock's Lake Creek Pumpover, er
fe ;-- Round- Reekls- -bake- Creek-- Pumpever which shall
be constructed and financed by the City of Austin
according to plans and specifications approved by
the City of Round Rock, and upon completion thereof
shall be owned and operated by the City of Round
or
Rock.
(2) District Contract 6.
ARTICLE II.
SECTION 1.03 AREA OF TRANSPORTATION: Upon completion of
the facilities set forth in Section 1.02, Round Rock agrees to
provide the District with wastewater transportation from the
northern terminus of its existing Onion Creek Interceptor "Point
of Entry" to its proposed 2.5 mgd wastewater treatment facility
and /or the District's proposed 10 mgd wastewater treatment
facility in the amounts provided herein below.
ALLOCATION OF TRANSPORTATION CAPACITY
SECTION 2.01 CONFLICT AS TO ALLOCATION: Insofar as the
allocation of wastewater transportation capacity herein
ICRR.6 2(REDLINE 10/3/86)
conflicts with the allocation of wastewater transportation
capacity as set forth in Section 10.02 of the Contract, this
agreement shall prevail and be binding upon all parties
hereto.
SECTION 2.012 FACILITIES AFFECTING CAPACITY: The volume of
wastewater which Round Rock will be able to transport hereunder
depends upon certain facilities to be constructed. These
facilities are:
a. A 16" force main and 24" gravity interceptor as
described as contract 5 of the District's Regional
System as defined in the Contract under Option IV F.
b. A 60" gravity interceptor as described as contract 6 of
the District's Regional System as defined in the
Contract under Option IV F.
c. A 12" force main to be constructed pursuant to an
Agreement regarding construction, ownership, purchase
and use of specific wastewater transportation facilities
among the parties hereto and Bill Milburn, Inc., and
Fern Bluff Municipal Utility District.
d. District's gravity interceptor and tunnel described as
contracts 20 and 21 of the District's Regional System as
defined in the Contract under Option IV F.
SECTION 2.0 PRIOR TO COMPLETION OF DISTRICT CONTRACTS 5
AND 6: Prior to completion of the facilities described in
Contracts 5 and 6 above, the ability of Round Rock to transport
wastewater hereunder will be limited by the transportation
capacity of Round Rock's Lake Creek Pumpover and such capacity
shall be allocated as follows: Throughout this contract 1 LUE
shall be deemed to be assuming- 3- bBE -te -be equal to 350 gallons
per day on a monthly average basis:
ICRR.6 3 (REDLINE 10/3/86)
a. Up to 750 LUE's per day:
(1) Austin - 600 LUEs
(2) Round Rock - 150 LUEs
b. All in excess of 750 LUE's per day:
(1) Austin - 75%
(2) Round Rock - 25%
SECTION 2.Of AFTER COMPLETION OF CONTRACT 6, AND BEFORE
COMPLETION OF CONTRACT 5: After the completion of the District's
Contract 6 facilities described in 2,07:b. above and before the
completion of the District's Contract 5 facilities described in
2.032 a. above the total capacity which will be transported by
Round Rock will be limited to the capacity of the facilities
described in 2.042 c. above, and such transportation by the City
of Round Rock shall be allocated as set forth in 2.023 above.
SECTION 2.045 AFTER COMPLETION OF TRANSPORTATION FACILITIES:
After completion of the facilities described in 2.032 a, b, and c
above, the total capacity which will be transported by Round Rock
will be limited by the initial pumping capacity of the Onion
Creek Lift Station of approximately 1650 LUEs per day and such
initial pumping capacity will be allocated as follows:
a. Round Rock - 150 LUEs per day.
b. Austin - 600 LUEs per day.
c. MUD 2 - 900 LUEs per day.
d. All excess:
(1) Austin - 75%
(2) Round Rock - 25 %.
SECTION 2.0 LIMIT ON TRANSPORTATION: At no time will the
transportation of wastewater hereunder through any of Round
Rock's facilities exceed 5,000 LUEs per day.
ICRR.6 4(REDLINE 10/3/86)
SECTION 3.04 TERMINATION: The interim wastewater
transportation services agreed to be provided by Round Rock to
the District shall terminate upon completion of all of the
District's facilities under its proposed Contracts 67-6, 20 and
SECTION 3.02 ALLOCATION OF CAPACITY: Each Customer
requesting additional Onion Branch Lift Station Capacity shall be
entitled to such percentage of the total additional capacity
requested by all Customers as its percentage of Reserved Capacity
in the Regional System.
21.
ARTICLE III.
EXPANSION OF ONION BRANCH LIFT STATION
SECTION 3.01 PROVISION FOR EXPANSION OF ONION BRANCH LIFT
STATION: It is understood that the capacity of the Onion Branch
Lift Station is limited to approximately 1650 LUEs per day, and,
if a Customer wants the capacity of such lift station to be
expanded, such Customer shall request such expansion in writing
to the District which shall process such request in general
accordance with the procedure requirement provisions of Section
6.05 (d) of the Contract.
SECTION 3.03 ADDITIONAL CAPACITY: In the event the
expansion to be made results in additional capacity over and
above that required by the requesting Customer, no other Customer
shall be allowed to use all or part of the additional capacity
until reimbursement, on a pro -rata basis of use of such capacity
created by the expansion, of all costs of the construction is
made to the Customer or Customers which funded the expansion.
ARTICLE IV.
TREATMENT
SECTION 4.01 COMMENCEMENT OF TREATMENT: Sublect to the
ICRR.6 5 (REDLINE 10/3/86)
contingency provisions of Section 4.02, Round Rock agrees to
provide to the District interim wastewater treatment services as
provided below #n- the-- ameent -e € -- 2467000- galieas -- per - day -f -700
bilEsf- on-- a- menbhly -- average- f8 +0 -- gallons- per -- minute- peak - €lew}
beginning at the time the facilities provided for in Section 1.02
have been completed and are operational and the District
commences delivery of wastewater into Round Rock's Onion Creek
Interceptor.
SECTION 4.02 CONTINGENCY: Round Rock's obligation to
furnish wastewater treatment services at it's 2.5 MGD wastewater
treatment plant as provided herein is contingent upon the
following:
a. Round Rock having treatment capacity in such Plant.
be. At such time as actual metered flow into the Plant
reaches or exceeds eighty percent (80 %) of such Plant
capacity, the District upon request of any Customer or
Customers shall immediately commence or cause to be
commenced the engineering, design and approval of
temporary wastewater treatment facilities to be located
at the Round Rock 2.5 mgd Plant which shall increase
total capacity of the Plant by no less than an
additional 100,000 gallons per day, average daily flow.
At such time as actual metered flow into the Plant
reaches or exceeds ninety percent (90 %) of such
capacity, actual construction and /or acquisition of said
temporary wastewater treatment facilities shall be
commenced immediately. The costs of constructing or
otherwise obtaining such temporary facilities including
but not limited to engineering and design, shall be born
by such Customer or Customers requesting the same and
any subsequent Customers requesting capacity therein
shall reimburse the Customer or Customers bearing the
initial cost, their pro rata share of such costs based
upon requested capacity. The operation and maintenance
ICRR.6 8 (REDLINE 10/3/86)
thereof shall be cons.iderad "operating expenses "' and
shall be born by the Customers based on a pro rata basis
according to their actual use. Such temporary
facilities shall be the property of and operated by the
District. Subsequent phases, each providing an
additional capacity of no less than 100,000 gallons per
day, shall be added to the Plant, on the same
basis: design, construction and approval to be commenced
each time actual flow into the Plant reaches or exceeds
eighty percent (80 %) of the then total Plant capacity,
with actual construction to commence immediately upon
actual flow reaching ninety percent (90 %) of said
existing capacity. Notwithstanding anything contained
herein to the contrary, the District shall not be
required to construct or obtain temporary wastewater
treatment facilities if the actual flow into the plant
above 80% of the total plant capacity is generated
solely by Round Rock, and neither the District nor the
customers have requested additional capacity, and the
parties may, at any time, agree to size any succeeding
expansion sufficient to meet the needs of the District.
All discharge through the temporary facilities shall be
through the District's Wastewater Permit.
SECTION 4.03 TERMINATION: The interim wastewater
treatment services agreed to be provided by Round Rock to the
District herein shall terminate at such time as the District's
proposed 10 MGD wastewater treatment plant is completed and
operational.
SECTION 4.04 CHARGES: The price for the services to be
provided by Round Rock to the District hereunder shall be:
a. For wastewater transportation services. such services
ICRR.6 7 (REDLINE 10/3/86)
shall be provided at no charge; however, the gravity
portion of the District's Onion Creek Interceptor shall
become sole property of the City of Round Rock upon
termination thereof as set forth in Section 3.04.
b. For wastewater treatment services. such services shall
be provided at 2 times the lowest in -city rate for any
residential customer.
SECTION 4.05 QUALITY OF EFFLUENT:
a. The District shall have the right to discharge
wastewater into the Round Rock wastewater system under
this Agreement meeting the requirements for quantity as
set forth in this Agreement and the requirements of
quality as set forth in the Contract. The point of
entry of wastewater from the District's System to the
Round Rock wastewater system shall be at the northern
end of the existing Round Rock Onion Creek Interceptor.
b- The- Bistriet- agrees-- te-- limit-- its-- dlseharge- -into -the
Round - Reek -- wastewater - treatment- system -te- waste -defined
herein -as- admissible- diseharges - - -- Admissible - discharges
eensist -o €- the- €ellewingr
{g; Effiaent -from- the- Distriet's- System - whieh- meets -the
earrent- and- future-- legal -- standards - -e € -- the -Texas
Water-- Eemmisslen - -or -- any -- ether - governmental -body
havlag- legal- autherlty -te -- set -- standards-- for-saeh
e ffluent - -and-
{el Effluent—which—will—not—damage—the—Round-Reek
wastewater- eeileetlen -- and - treatment -- system -to -the
extent- - -- to - - -- cause---- aaaeeessary - -- repairs - - -or
replaeements-
ICRR.6 8 (REDLINE 10/3/86)
SECTION 4.O,6 METERING:
a. The District will furnish, install, operate and maintain
at its expense at the Point of Entry the necessary
equipment and device of standard type for measuring
properly all wastewater to be discharged under this
Agreement. Such meter or other equipment shall remain
the property of the District. Round Rock shall have
access to such metering equipment at all reasonable
times for inspection and examination and the reading,
calibration and adjustment thereof shall be done jointly
by employees or agents of the District and Round Rock.
All readings of meters will be entered upon proper books
of record maintained by the District and a copy of said
readings supplied to Round Rock. Upon written request,
Round Rock may have access to said record books during
reasonable business hours.
b. Not more than three times in each year of operation, the
District shall calibrate the meters. if requested in
writing by Round Rock, in the presence of a
representative of Round Rock, and the parties shall
jointly observe any adjustments which are made to the
meter in case any adjustment is found to be necessary.
If, for any reason, the meter is out of service or out
of repair or if, upon any test, the percentage of
inaccuracy of the meter is found to be in excess of five
(6) percent, registration thereof shall be corrected for
a period of time extending back to the time when such
inaccuracy began, if such time is ascertainable, and if
not ascertainable, then for a period extending back
one -half (1/2) of the time elapsed since the date of the
last calibration, but in no event further back than a
period of six (6) months. The unit of measurement for
ICRR.6 9 (REDLINE 10/3/88)
wastewater delivered.'hereunder shall be one thousand
(1,000) gallons, U.S. Standard Liquid Measure.
ARTICLE V.
LIABILITY
SECTION 5.01 LIABILITY OF PARTIES: The District and Round
Rock shall each be responsib1 ,for the control of wastewater
thrhe6_
within each entity's system / I abil •. age
the reception, transportation,
iVeery and disposal of all
wastewater discharged reunder shall remain in the District to
the poin entry and at such point shall immediately pass to
As between the parties, each party hereto agrees to
save and hold harmless the other party from all claims, demands
and causes of action which may be asserted by anyone on account
of the reception, transportation, delivery and disposal of
wastewater while the wastewater is in the control of such party.
This covenant is not made for the benefit of any third party.
for the proper i ion, transportation, treatment and disposal
ARTICLE VI.
FORCE MAJEURE
SECTION 6.01 In case by reason of "Force Majeure" either
party hereto shall be rendered unable wholly or in part to carry
out its obligations under this Agreement, then if such party
shall give notice and full particulars of such "Force Majeure" in
writing to the other party within a reasonable time after
occurrence of the event of cause relied on, the obligation of the
party giving such notice, so far as it is affected by such "Force
Majeure ", with the exception of the obligation to make monetary
payments hereunder, shall be suspended during the continuance of
the inability then claimed, but for no longer period, and any
ICRR.6 10 (REDLINE 10/3/86)
such party shall endeavor to remove or overcome such inability
with all reasonable dispatch. The term "Force Majeure" as
employed herein shall mean Acts of God, strikes, lockouts, or
other industrial disturbances, acts of public enemy, orders of
any kind of the United States or of the State of Texas or any
civil or military authority, insurrections, riots, epidemics,
landslide, lightning, earthquakes, fires, hurricanes, storms,
floods, washouts. droughts, arrests, restraint of government and
people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines or canals, partial or entire failure of
water supply, and inability on the part of such party to provide
water necessary for operation of its r wastewater system
hereunder or of Round Rock to receive wastewater on account of
any other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty, and that the above
requirement that any "Force Majeure" shall be remedied with all
reasonable dispatch shall not require the settlement of strikes
and lockouts by acceding to the demands of the opposing party or
parties when such settlement is unfavorable in the judgment of
the party having the difficulty.
ARTICLE VII.
INTERPRETATION
SECTION 7.01 This Agreement shall be subject to all valid
rules, regulations and laws applicable hereto passed or
promulgated by the United States of America, the State of Texas
or any other governmental body or agency having lawful
jurisdiction or any authorized representative or agency or any of
them. No waiver or waivers of any breach or default (or any
breaches or defaults) by any party hereto of any term, covenant,
condition or liability hereunder or of the performance by the
other party of any duty or obligation hereunder, shall be deemed
ICRR.6 11 (REDLINE 10/3/86)
or construed to be a waiver of subsequent breaches or defaults of
any kind, under any circumstances.
ARTICLE VIII.
AMENDMENT
SECTION 8.01 This Agreement shall be subject to change or
modification only with the mutual consent of the governing body
of each party hereto.
ARTICLE IX.
ASSIGNMENT
SECTION 9.01 This Agreement shall not be assignable by
either party without the prior written consent of the other
party, which consent shall not be unreasonably withheld or
delayed.
ARTICLE X.
SEVERABILITY
SECTION 10.01 The provisions of this Agreement are
severable, and if any provision or part of this Agreement or the
application thereof to any person or circumstance shall ever be
held by any court of competent jurisdiction to be Invalid or
unconstitutional for any reason, the remainder of this Agreement
and the application of this provision or part of this Agreement
to other persons or circumstances shall not be affected thereby.
ARTICLE XI.
NOTICES
SECTION 11.01 Unless otherwise provided in this Agreement,
the addresses of the parties for purposes of any communications
to be made under this Agreement are as follows:
ICRR.6 12 (REDLINE 10/3/86)
If to the District, to:
Brushy Creek Water Control and Improvement
District No. 1 of Williamson 8 Milam Counties
P. 0. Box 882
Taylor, Texas 76574
Attn: President, Board of Directors
If to Round Rock, to:
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Attn: City Manager
If to Austin, to:
City of Austin
P. 0. Box 1088
Austin, Texas 78767 -8828
.4mN: ®i 2 , c !/V
I f to MUD 2, (((((( o:
Williamson County Municipal Utility District No. 2
3737 Hairy Man Road
Round Rock, Texas 78681
Attn: President, Board of Directors
ICRR.6 13 (REDLINE 10/3/86)
If to MUD 3, to:
Williamson County Municipal Utility District No. 3
P. 0. Box 986
Cedar Park, Texas 78613
Attn: General Manager
ARTICLE XII.
ENTIRE AGREEMENT
SECTION 12.01 This Agreement constitutes the entire
agreement between the parties relative to the subject matter
thereof. There have been and are no agreements, covenants.
representations or warranties between the parties other than
those expressly stated herein or expressly provided for herein.
IN WITNESS WHEREOF, the parties hereto acting under the
authority of their respective governing bodies have caused this
Agreement to be duly executed in several counterparts, each of
which shall constitute an original, all as of the day of
, 1986.
ICRR.6
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES
By
Dan Mize
President
14 (REDLINE 10/3/86)
ATTEST:
Roscoe Conoley
Secretary
(SEAL)
ATTEST:
JoAnne Land,
City Secretary
(SEAL)
ATTEST:
Janes E. Aldridge,
City Clerk
(SEAL)
CITY OF ROUND ROCK
By:
Mike Robinson
Mayor
CITY OF AUSTIN
By:
Jorge Carraaco
City Manager
ICRR.6 15 (REDLINE 10/3/86)
ATTEST:
ATTEST:
WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 2
By:
WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 3
By:
ICRR.6 16 (REDLINE 10/3/86)
DATE: October 7, 1986
SUBJECT: Council Agenda, October 9, 1986
ITEM: 13B — Consider a resolution authorizing the Mayor to enter into
an interim service agreement concerning regional sewer.
This agreement provides for Round Rock to treat and transport regional
wastewater for an interim period. Treatment and transportation will commence
when the Onion Creek pumpover and Onion Creek CIP is complete and will
be terminated when the 10 MGD regional plant is on line. A detailed discussion
of this contract will be presented at the work session.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
INTERIM WASTEWATER DISPOSAL CONTRACT
This agreement is entered into by and among Brushy Creek Water
Control and Improvement District No. 1 of Williamson and Milam
Counties the ( "District "), the City of Austin ( "Austin "), the
City of Round Rock ( "Round Rock "). Williamson County Municipal
Utility District No. 2 ( "MUD 2 "). and Williamson County Municipal
Utility District No. 3 ( "MUD 3 "); all of such parties other than
the District being collectively referred to as the "Customers ".
WHEREAS, the District and the Customers have heretofore
entered into a Wastewater Disposal Contract dated December 16,
1985, hereinafter referred to as the "Contract ", providing for
the construction and operation of a regional wastewater system,
and;
WHEREAS, Article 10, Section 10.02 of said Wastewater
Disposal Contract provides for the District to enter into an
agreement with Round Rock. to obtain interim wastewater
transportation and treatment capacity and services in the Round
Rock Wastewater Transportation and Treatment System, and;
WHEREAS, Round Rock is willing to provide such capacities as
provided for hereinafter;
NOW, THEREFORE, the District, Round Rock, and the other
Customers hereby agree as follows:
ARTICLE I.
WASTEWATER TRANSPORTATION.
SECTION 1.01 NECESSARY IMPROVEMENTS: The parties hereto
recognize that Round Rock does not now have complete facilities
to provide the wastewater transportation contemplated by this
agreement and any obligation of Round Rock to provide such
transportation is contingent upon the completion of certain
additional facilities.
SECTION 1.02 FACILITIES TO BE COMPLETED: The facilities
which must be completed before Round Rock can provide any
wastewater transportation hereunder are:
a. Round Rock's Onion Branch CIP.
b. Round Rock's Lake Creek 36" Interceptor and 60"
Interceptor and Round Rock's 60" Brushy Creek
Interceptor.
c. Round Rock's 2.5 MGD wastewater treatment plant.
d. (1) Round Rock's Lake Creek Pumpover, which shall be
constructed and financed by the City of Austin according
to plans and specifications approved by the City of
Round Rock, and upon completion thereof shall be owned
and operated by the City of Round Rock.
or
(2) District Contract 6.
SECTION 1.03 AREA OF TRANSPORTATION: Upon completion of
the facilities set forth in Section 1.02, Round Rock agrees to
provide the District with wastewater transportation from the
northern terminus of its existing Onion Creek Interceptor "Point
of Entry" to its proposed 2.5 MGD wastewater treatment facility
and /or the District's proposed 10 MGD wastewater treatment
facility, in the amounts provided herein below.
ARTICLE II.
ALLOCATION OF TRANSPORTATION CAPACITY
SECTION 2.01 CONFLICT AS TO ALLOCATION: Insofar as the
allocation of wastewater transportation capacity herein conflicts
with the allocation of wastewater transportation capacity as set
forth in Section 10.02 of the Contract, this agreement shall
prevail and be binding upon all parties hereto.
SECTION 2.02 FACILITIES AFFECTING CAPACITY: The volume of
wastewater which Round Rock will be able to transport hereunder
depends upon certain facilities to be constructed. These
facilities are:
a. A 16" force main and 24" gravity interceptor described
as contract 5 of the District's Regional System as
defined in the Contract under Option IV F.
b. A 60" gravity interceptor described as contract 6 of the
District's Regional System as defined in the Contract
under Option IV F.
c. A 12" force main to be constructed pursuant to an
Agreement regarding construction, ownership, purchase
and use of specific wastewater transportation facilities
2
among the parties hereto and Bill Milburn, Inc., and
Fern Bluff Municipal Utility District.
d. District's gravity interceptor and tunnel described as
contracts 20 and 21 of the District's Regional System as
defined in the Contract under Option IV F.
SECTION 2.03 PRIOR TO COMPLETION OF DISTRICT CONTRACTS 5
AND 6: Prior to completion of the facilities described in
Contracts 5 and 6 above, the ability of Round Rock to transport
wastewater hereunder will be limited by the transportation
capacity of Round Rock's Lake Creek Pumpover and such capacity
shall be allocated as follows: Throughout this contract 1 LUE
shall be deemed to be equal to 350 gallons per day on a monthly
average basis:
a. Up to 750 LUE's per day:
(1) Austin - 600 LUEs
(2) Round Rock - 150 LUEs
b. All in excess of 750 LUE's per day:
(1) Austin - 75%
(2) Round Rock - 25%
SECTION 2.04 AFTER COMPLETION OF CONTRACT 6, AND BEFORE
COMPLETION OF CONTRACT 5: After the completion of the District's
Contract 6 facilities described in 2.02 b. above and before the
completion of the District's Contract 5 facilities described in
2.02 a. above the total capacity which will be transported by
Round Rock will be limited to the capacity of the facilities
described in 2.02 c. above, and such transportation by the City
of Round Rock shall be allocated as set forth in 2.03 above.
SECTION 2.05 AFTER COMPLETION OF TRANSPORTATION FACILITIES:
After completion of the facilities described in 2.02 a., b., and
c. above, the total capacity which will be transported by Round
Rock will be limited by the initial pumping capacity of the Onion
Creek Lift Station of approximately 1650 LUEs per day and such
initial pumping capacity will be allocated as follows:
a. Round Rock - 150 LUEs per day
b. Austin - 600 LUEs per day
c. MUD 2 - 900 LUEs per day
d. All excess:
(1) Austin - 75%
(2) Round Rock - 25%
3
1
SECTION 2.06 LIMIT ON TRANSPORTATION: At no time will the
transportation of wastewater hereunder through any of Round
Rock's facilities exceed 5.000 LUEs per day.
ARTICLE III.
EXPANSION OF ONION BRANCH LIFT STATION
SECTION 3.01 PROVISION FOR EXPANSION OF ONION BRANCH LIFT
STATION: It is understood that the capacity of the Onion Branch
Lift Station is limited to approximately 1650 LUEs per day, and,
if a Customer wants the capacity of such lift station to be
expanded, such Customer shall request such expansion in writing
to the District which shall process such request in general
accordance with the procedure requirement provisions of Section
6.05 (d) of the Contract.
SECTION 3.02 ALLOCATION OF CAPACITY: Each Customer
requesting additional Onion Branch Lift Station Capacity shall be
entitled to such percentage of the total additional capacity
requested by all Customers as its percentage of Reserved Capacity
in the Regional System.
SECTION 3.03 ADDITIONAL CAPACITY: In the event the
expansion to be made results in additional capacity over and
above that required by the requesting Customer, no other Customer
shall be allowed to use all or part of the additional capacity
until reimbursement, on a pro -rata basis of use of such capacity
created by the expansion, of all costs of the construction is
made to the Customer or Customers which funded the expansion.
SECTION 3.04 TERMINATION: The interim wastewater
transportation services agreed to be provided by Round Rock to
the District shall terminate upon completion of all of the
District's facilities under its proposed Contracts 6, 20 and 21.
ARTICLE IV.
TREATMENT
SECTION 4.01 COMMENCEMENT OF TREATMENT: Subject to the
contingency provisions of Section 4.02, Round Rock agrees to
provide to the District interim wastewater treatment services as
provided below beginning at the time the facilities provided for
in Section 1.02 have been completed and are operational and the
District commences delivery of wastewater into Round Rock's Onion
Creek Interceptor.
4
SECTION 4.02 CONTINGENCY: Round Rock's obligation to
furnish wastewater treatment services at its 2.5 MGD wastewater
treatment plant as provided herein is contingent upon the
following:
a Round Rock having treatment capacity in such Plant.
b At such time as actual metered flow into the Plant
reaches or exceeds eighty percent (80 %) of such Plant
capacity, the District upon request of any Customer or
Customers shall immediately commence or cause to be
commenced the engineering, design and approval of
temporary wastewater treatment facilities to be located
at the Round Rock 2.5 MGD Plant which shall increase
total capacity of the Plant by no less than an
additional 100,000 gallons per day, average daily flow.
At such time as actual metered flow into the Plant
reaches or exceeds ninety percent (90 %) of such
capacity, actual construction and /or acquisition of said
temporary wastewater treatment facilities shall be
commenced immediately. The costs of constructing or
otherwise obtaining such temporary facilities including
but not limited to engineering and design, shall be born
by such Customer or Customers requesting the same, and
any subsequent Customers requesting capacity therein
shall reimburse the Customer or Customers bearing the
initial cost, their pro rata share of such costs based
upon requested capacity. The operation and maintenance
thereof shall be considered "operating expenses" and
shall be born by the Customers based on a pro rata basis
according to their actual use. Such temporary
facilities shall be the property of and operated by the
District. Subsequent phases, each providing an
additional capacity of no less than 100,000 gallons per
day, shall be added to the Plant, on the same
basis: design, construction and approval to be commenced
by the District upon the request of any Customer or
Customers each time actual flow into the Plant reaches
or exceeds eighty percent (80 %) of the then total Plant
capacity, with actual construction to commence
immediately upon actual flow reaching ninety percent
(90 %) of said existing capacity. Notwithstanding
anything contained herein to the contrary, the District
shall not be required to construct or obtain temporary
wastewater treatment facilities if the actual flow into
the plant above eighty percent (80 %) of the total plant
capacity is generated solely by Round Rock, and neither
the District nor the customers have requested additional
5
capacity, and the parties may, at any time, agree to
size any succeeding expansion sufficient to meet the
needs of the District. All discharge through the
temporary facilities shall be through the District's
Wastewater Permit.
SECTION 4.03 TERMINATION: The interim wastewater
treatment services agreed to be provided by Round Rock to the
District herein shall terminate at such time as the District's
proposed 10 MGD wastewater treatment plant is completed and
operational.
SECTION 4.04 CHARGES: The price for the services to be
provided by Round Rock to the District hereunder shall be:
a. For wastewater transportation services, such services
shall be provided at no charge; however, the gravity
portion of the District's Onion Creek Interceptor shall
become sole property of the City of Round Rock upon
termination thereof as set forth in Section 3.04.
b For wastewater treatment services, such services shall
be provided at 2 times the lowest in -city rate for any
residential customer.
SECTION 4.05 QUALITY OF WASTEWATER:
a. The District shall have the right to discharge
wastewater into the Round Rock wastewater system under
this Agreement meeting the requirements for quantity as
set forth in this Agreement and the requirements of
quality as set forth in the Contract. The point of
entry of wastewater from the District's System to the
Round Rock wastewater system shall be at the northern
end of the existing Round Rock Onion Creek Interceptor.
SECTION 4.06 METERING:
a. The District will furnish, install, operate and maintain
at its expense at the Point of Entry the necessary
equipment and device of standard type for measuring
properly all wastewater to be discharged under this
Agreement. Such meter or other equipment shall remain
the property of the District. Round Rock shall have
access to such metering equipment at all reasonable
times for inspection and examination and the reading,
calibration and adjustment thereof shall be done jointly
by employees or agents of the District and Round Rock.
6
All readings of meters will be entered upon proper books
of record maintained by the District and a copy of said
readings supplied to Round Rock. Upon written request,
Round Rock may have access to said record books during
reasonable business hours.
b. Not more than three times in each year of operation, the
District shall calibrate the meters, if requested in
writing by Round Rock, in the presence of a
representative of Round Rock, and the parties shall
jointly observe any adjustments which are made to the
meter in case any adjustment is found to be necessary.
If, for any reason, the meter is out of service or out
of repair or if, upon any test, the percentage of
inaccuracy of the meter is found to be in excess of five
(5) percent, registration thereof shall be corrected for
a period of time extending back to the time when such
inaccuracy began, if such time is ascertainable, and if
not ascertainable, then for a period extending back
one -half (1/2) of the time elapsed since the date of the
last calibration, but in no event further back than a
period of six (6) months. The unit of measurement for
wastewater delivered hereunder shall be one thousand
(1,000) gallons, U.S. Standard Liquid Measure.
ARTICLE V.
LIABILITY
SECTION 5.01 LIABILITY OF PARTIES: The District and Round
Rock shall each be responsible for the control of wastewater
within each entity's system or facilities. As between the
parties, each party hereto agrees to save and hold harmless the
other party from all claims, demands and causes of action which
may be asserted by anyone on account of the reception,
transportation, delivery and disposal of wastewater while the
wastewater is in the control of such party. This covenant is not
made for the benefit of any third party.
ARTICLE VI.
FORCE MAJEURE
SECTION 6.01 In case by reason of "Force Majeure" any party
hereto shall be rendered unable wholly or in part to carry out
its obligations under this Agreement, then if such party shall
give notice and full particulars of such "Force Majeure" in
writing to the other parties within a reasonable time after
occurrence of the event of cause relied on, the obligation of the
party giving such notice, so far as it is affected by such "Force
7
Majeure ", with the exception of the obligation to make monetary
payments hereunder, shall be suspended during the continuance of
the inability then claimed, but for no longer period, and any
such party shall endeavor to remove or overcome such inability
with all reasonable dispatch. The term "Force Majeure" as
employed herein shall mean Acts of God, strikes, lockouts, or
other industrial disturbances, acts of public enemy, orders of
any kind of the United States or of the State of Texas or any
civil or military authority, insurrections, riots, epidemics,
landslide, lightning, earthquakes, fires, hurricanes, storms,
floods, washouts, droughts, arrests, restraint of government and
people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines or canals, partial or entire failure of
water supply, and inability on the part of such party to provide
water necessary for operation of its water and wastewater system
hereunder or of Round Rock to receive wastewater on account of
any other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty, and that the above
requirement that any "Force Majeure" shall be remedied with all
reasonable dispatch shall not require the settlement of strikes
and lockouts by acceding to the demands of the opposing party or
parties when such settlement is unfavorable in the judgment of
the party having the difficulty.
ARTICLE VII.
INTERPRETATION
SECTION 7.01 This Agreement shall be subject to all valid
rules, regulations and laws applicable hereto passed or
promulgated by the United States of America, the State of Texas
or any other governmental body or agency having lawful
jurisdiction or any authorized representative or agency or any of
them. No waiver or waivers of any breach or default (or any
breaches or defaults) by any party hereto of any term, covenant,
condition or liability hereunder or of the performance by the
other party of any duty or obligation hereunder, shall be deemed
or construed to be a waiver of subsequent breaches or defaults of
any kind, under any circumstances.
ARTICLE VIII.
AMENDMENT
SECTION 8.01 This Agreement shall be subject to change or
modification only with the mutual consent of the governing body
of each party hereto.
8
SECTION 9.01 This Agreement shall not be assignable by
either party without the prior written consent of the other
party, which consent shall not be unreasonably withheld or
delayed.
SECTION 10.01 The provisions of this Agreement are
severable, and if any provision or part of this Agreement or the
application thereof to any person or circumstance shall ever be
held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Agreement
and the application of this provision or part of this Agreement
to other persons or circumstances shall not be affected thereby.
SECTION 11.01 Unless otherwise provided in this Agreement,
the addresses of the parties for purposes of any communications
to be made under this Agreement are as follows:
If to the District, to:
Brushy Creek Water Control and Improvement
District No. 1 of Williamson & Milam Counties
P. 0. Box 882
Taylor, Texas 76574
Attn: President, Board of Directors
If to Round Rock, to:
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Attn: City Manager
If to Austin, to:
City of Austin
P. 0. Box 1088
Austin, Texas 78767 -8828
ARTICLE IX.
ASSIGNMENT
ARTICLE X.
SEVERABILITY
ARTICLE XI.
NOTICES
Attn: Director of Water and Wastewater
If to MUD 2, to:
Williamson County Municipal Utility District No. 2
3737 Hairy Man Road
Round Rock, Texas 78681
Attn: President, Board of Directors
9
If to MUD 3, to:
Williamson County Municipal Utility District No. 3
P. 0. Box 986
Cedar Park. Texas 78613
Attn: General Manager
If to Fern Bluff, to:
Fern Bluff Municipal Utility District
2600 One American Center
Austin, Texas 78701
Attn: President
ARTICLE XII.
ENTIRE AGREEMENT
SECTION 12.01 This Agreement constitutes the entire
agreement between the parties relative to the subject matter
thereof. There have been and are no agreements, covenants,
representations or warranties between the parties other than
those expressly stated herein or expressly provided for herein.
IN WITNESS WHEREOF, the parties hereto acting under the
authority of their respective governing bodies have caused this
Agreement to be duly executed in several counterparts, each of
which shall constitute an original, all as of the day of
1986.
ATTEST:
Roscoe Conoley
Secretary
10
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES
P. 0. Box 882
Taylor, Texas 76574
Dan Mize
President
Executed
, 1986
ATTEST:
James E. Aldridge Jorge Carrasco
City Clerk City Manager
ATTEST:
CITY OF AUSTIN
P. 0. Box 1088
Austin, Texas 78767 -8828
CITY OF ROUND ROCK
214 E. Main
Round Rock, Texas 78664
JoAnne Land Mike Robinson
Secretary Mayor
ATTEST:
Al Paricio
Secretary
ATTEST:
11
Executed , 1986
Executed , 1986
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 2
3737 Hairy Man Road
Round Rock, Texas 78681
Wayne Wood
President
Executed , 1986
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 3
408 Ridgewood Road
Cedar Park, Texas 78613
Danny Malone James H. Parkhurst
Secretary President
Executed , 1986
ATTEST:
12
BILL MILBURN, INC.
a Texas corporation
P. 0. Box 9802 -682
Austin, Texas 78766
Bill Milburn
President
Executed , 1986
FERN BLUFF MUNICIPAL
UTILITIY DISTRICT
2600 One American Center
Austin, Texas 78701
Dene M. Jacobson Thomas J. Sandridge
Secretary President
Executed , 1986