R-87-1026 - 7/23/1987WHEREAS, the City of Round Rock, Texas, City of Austin, MUD No. 2,
MUD No. 3, and Brushy Creek Water Control and Improvement District No.
1 of Williamson and Milam Counties have previously entered into a
contract to provide wastewater transportation and disposal services on
a regional basis; and
WHEREAS, the District has notified the Customers that the
recommended bid exceeds the estimated costs of the construction con-
tract by more than ten (10) percent; and
WHEREAS, the District and the Customers desire to extend the
deadline set for notification by each Customer to the District as to
whether or not the Customer desires the District to proceed with con-
struction of Phases IA and IB of the System; Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor be and is hereby authorized to execute an amendment
to Section 6.01(b) of the December 16, 1985 contract said amendment
being attached hereto and incorporated herein for all purposes.
RESOLVED this 23rd day of July, 1987.
ATTEST:
ND, City Secretary
RESOLUTION NO. /OoVo
MIKE ROBINSON, Mayor
City of Round Rock, Texas
Cit( j T
4P"
AMENDMENT TO WASTEWATER DISPOSAL CONTRACT
This Amendment to Wastewater Disposal Contract is entered
into between 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 ".
RECITALS
WHEREAS, the District and the Customers entered into a
Wastewater Disposal Contract dated December 16, 1985, together
with any amendments thereto, hereinafter called the "Contract ";
and
WHEREAS, the District has notified the Customers that the
recommended bid exceeds the estimated costs of the construction
contract by more than ten (10) percent; and
WHEREAS, the District and the Customers desire to extend
the deadline set for notification by each Customer to the
District as to whether or not the Customer desires the District
to proceed with construction of Phases IA and IB of the System.
NOW, THEREFORE, the District and the Customers do hereby
agree that Section 6.01(b) of the Contract is hereby amended as
follows:
The twelfth sentence of Section 6.01(b) is amended to read
as follows:
"If the recommended bid exceeds the estimated costs
of the construction contract by more than ten (10)
percent, then within sixty -five (65) days after
receiving such notice from the District, each
customer shall notify the District as to whether or
not it desires the District to proceed with the
construction of Phases IA and IB of the System."
This Amendment to Wastewater Disposal Contract shall not
become effective until duly and properly executed by the
District and each of the Customers.
The parties hereto agree that the Contract is now and
remains in full force and effect and do hereby ratify, adopt,
and confirm the same and as amended above.
IN WITNESS WHEREOF, the parties hereto acting under
authority of their respective governing bodies have caused this
Amendment to Wastewater Disposal Contract to be duly executed in
several counterparts, each of which shall constitute an
original, all as of the day of , 1987.
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES
By:
Dan Mize
President
ATTEST:
Roscoe Conoley
Secretary
[SEAL]
ATTEST:
James E. Aldridge
City Clerk
[SEAL]
ATTEST:
Joanne Land
City Secretary
[SEAL]
ATTEST:
Al Paricio
Secretary
[SEAL]
ATTEST:
Kathy Shrader
Secretary
[SEAL]
LRK5 /BC -2AWDC
Revision 7/17/87 5:00 p.m.
-2-
CITY OF AUSTIN
By:
CITY OF ROUND ROCK
By:
By:
Jorge Carrasco
City Manager
Mike Robinson
Mayor
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 2
Wayne Wood
President
WILLIAMSON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 3
By:
Steven Bible
President
DATE:
SUBJECT:
ITEM:
July 21, 1987
Council Agenda, July 23, 1987
9. E. Consider a resolution authorizing the Mayor
to execute an amendment to the WCID Contract.
Williamson County MUD #2 is having problems obtaining full funding
of their portion of the Regional Wastewater Project. In order for the
current contract to remain in force, this amendment is necessary.
The amendment extends the time period for declaring proceeding with
the project if the price has increased more than 10% from 30 to 65 days.
Staff recommends approval.