R-87-1045 - 9/10/1987RESOLUTION NO. ____ __
WHEREAS, the City of Round Rock has previously entered
into a contract with certain other parties to construct
facilities for transportation and treatment of wastewater; and
WHEREAS, one of the parties experienced financial
difficulties and has been unable to proceed with their share of
the project; and
WHEREAS, the City of Austin is willing to contract with
the City of Round Rock to provide service on an interim basis to
those customers who would be without adequate service; NOW
THEREFORE
TEXAS
ATTEST:
J
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the Mayor be and is hereby directed to execute a
contract with the City of Austin for the provision of interim
wastewater service according to the terms of the attached
contract, said contract // incorporated herein for all purposes.
RESOLVED this / Q day of Q , 1987.
NNE LAND, City Secrets
Y
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT REGARDING WASTEWATER SERVICES
BETWEEN
CITY OF AUSTIN, CITY OF ROUND ROCK
AND
FERN BLUFF MUNICIPAL UTILITY DISTRICT
KNOW ALL MEN BY THESE PRESENTS:
This agreement ( "Agreement ") is entered into by and between
the City of Austin ( "Austin "), Texas a home rule city acting by
and through its duly authorized City Manager, the City of Round
Rock, Texas, ( "Round Rock ") a home rule City acting by and
through its duly authorized Mayor, and Fern Bluff Municipal
Utility District ( "Fern Bluff "), a conservation and reclamation
district created by the Texas Water Commission pursuant to
Article 16, Section 59 of the Texas Constitution and Chapter 54
of the Texas Water Code acting by and through its duly authorized
President regarding the provision of wholesale wastewater service
to Fern Bluff by Austin for the purposes and consideration herein
contained.
W I T N E S S E T H:
WHEREAS, Austin consented to the creation of Fern Bluff on
August 8, 1985, pursuant to the Agreement Concerning Creation and
Operation of Fern Bluff Municipal Utility District (consent
agreement) and Fern Bluff was created by Order of the Texas Water
Commission on June 11, 1986; and
WHEREAS, Austin, Round Rock and Fern Bluff desire to provide
for wastewater services to Fern Bluff through Austin's
participation in a regional wastewater collection, treatment and
disposal system in accordance with that certain agreement
entitled "Interim Regional Agreement" by and between Austin,
Round Rock, Brushy Creek Water Control and Improvement District
No. 1 of Williamson and Milam Counties ( "Brushy Creek "), and
Williamson County Municipal Utility District No. 3; and
WHEREAS, Austin, Round Rock, Brushy Creek and others also
plan to enter into agreements regarding financing and
construction of facilities necessary to provide a regional system
for collection, treatment and disposal of wastewater generated by
themselves, Fern Bluff as well as capacity for other parties;
WHEREAS, Austin, Round Rock, Brushy Creek, and others
previously entered into that certain Interim Wastewater Disposal
Contract executed at or near October 15, 1986, to provide interim
wastewater transportation and treatment capacity and services in
the Round Rock Wastewater Transportation and Treatment System;
and
WHEREAS, Austin, Round Rock and Fern Bluff desire to set
forth their understanding and agreement for Fern Bluff's receipt
of wholesale wastewater service and commitment of wastewater
capacity from Austin;
NOW, THEREFORE, for and in consideration of the mutual
covenants and obligations contained herein and other good and
' x f
valuable consideration, the receipt and sufficiency of which a11,
parties acknowledge, the parties agree as follows:
3- 1087.1 - 2 (10/20/87)
I.
AUSTIN'S PROVISION OF WASTEWATER SERVICE TO FERN BLUFF
A. Austin will provide permanent retail wastewater services in
an amount not to exceed 586 Living Unit Equivalents ( "LUEs ")
pursuant to that certain Agreement Concerning Creation and
Operation of Fern Bluff Municipal Utility District and
according to the build -out schedule attached hereto as
Exhibit "A" and incorporated herein for all purposes.
B. Austin will provide for billing of wastewater to Fern Bluff
which shall be treated as if it were a customer of Austin,
including collection of all fees associated with provision
of wholesale wastewater service and collection of Capital
Recovery Fees and at a rate equal to two (2) times the
inside City rate for Round Rock customers as established by
Chapter 10, Section 4; b, Round Rock City Code.
C. Austin will escrow all wastewater Capital Recovery Fees
( "Fees ") collected pursuant to duly enacted ordinance of
Austin and such Fees and the interest thereon shall remain
escrowed until the occurrence of the first of any one of the
following:
1. Until Austin contracts to provide wastewater service to
all or a portion of Fern Bluff. At the time such a
contract is executed, Austin will return Fees and the
}
interest thereon to Fern Bluff for any portion of
wastewater service not provided by Austin.
2. Until such time, not to exceed six (6) months from the
date of execution of this Agreement, as the
3- 1087.1 - 3 (10/20/87)
participants in the proposed regional system determine
that the construction and initial operation of a
regional system within three and one -half years is not
reasonably assured. If, in such event Austin contracts
x
to provide permanent wastewater service to Fern Bluff,
Austin shall have ownership of 'escrowed Fees and
interest thereon for that portion of wastewater service
provided.
3- 1087.1 - 4 (10/20/87)
•
3. Until such time, not to exceed six (6) months from the
date of the execution of this Agreement, as the
participants in the proposed regional system determine
that the construction and initial operation of a
regional system within three and one -half years is not
reasonably assured. If, in such event Austin elects
not to contract at that time to provide all of the
permanent wastewater service for all of Fern Bluff's
service, the escrowed Fees and the interest thereon for
any portion of service not provided by Austin shall be
returned to Fern Bluff for its use in securing
permanent wastewater service for any portion of
wastewater service not provided by Austin, or
4. The expiration of five (5) years from the date of
execution of this Agreement at which time the escrowed
funds with interest earned thereon shall be returned to
Fern Bluff if no agreement to the contrary has been
agreed to by Fern Bluff and Austin.
II.
ROUND ROCK'S PROVISION OF SERVICE TO AUSTIN
A. Round Rock will provide 586 LUEs of permanent wastewater
service to Austin for the purpose of providing service to
Fern Bluff pursuant to this Agreement.
B. Round Rock will bill Austin monthly for wastewater service
to Fern Bluff at a rate equal to two (2) times the inside
Round Rock wastewater rate as established by the Chapter 10,
Section 4;,b, Round Rock City Code based on the amount of
wastewater consumed provided that Austin shall deduct an
amount equivalent to its cost associated with billing and
administering the Fern Bluff account.
C. Round Rock will pursue, to the extent practicable, the
construction of a regional wastewater collection, treatment
and disposal system capable of providing service to Austin,
Round Rock, Fern Bluff and others in accordance with the
Interim Regional Agreement. If in the event Round Rock
becomes the permanent service provider for all or a portion
of Fern Bluff, Fern Bluff agrees to pay those rates and fees
assessed other out -of -city Round Rock customers.
III.
FERN BLUFF WASTEWATER SERVICE
A. Fern Bluff will pay Austin for wastewater service including
payment of all applicable connection fees and Capital
Recovery Fees established by duly enacted ordinance of
Austin as set forth in Article I, Section C above, in
addition to monthly charges as established by Chapter 10,
3- 1087.1 - 5 (10/20/87)
Section 4; b of the Round Rock City Code and surcharges
established in the consent agreement.
B. Fern Bluff agrees that this Agreement Regarding Wastewater
Services amends the consent agreement only with respect to
wastewater services to the extent specifically stated
herein.
IV.
This Agreement shall remain in effect so long as service is
to be provided under this Agreement unless terminated by
agreement of all the parties hereto, but in no event longer than
forty (40) years.
V.
This Agreement shall be subject to change of modification
only with the mutual consent of the parties hereto.
VI.
This Agreement shall not be assignable by any party without
the prior written consent of the other parties.
FULLY EXECUTED AND EFFECTIVE this the 26th day of
October, 1987.
ATTEST: CITY OF AUSTIN
James E. Aldridge
City Clerk
3 1087.1 - 6 (10/20/87)
By:
w �
Joh r,. Ware
Acting City Manager
ATTEST:
By:
By:
3- 1087.1
ATTEST:
Gregor 0. Zaney
Assists -ecret
CITY OF ROUND ROCK
By:
Mike Robinson
Mayor
FERN BLUFF MUNICIPAL UTILITY
DISTRICT
By:
3 1087.1 - 7 (10/20/87)
Prossner
President
EXHIBIT "A"
Initial Build -Out Schedule
Number of Living Unit Equivalents to be
provided by a certain date
Total of: Through:
90 L.U.E.s
269 L.U.E.s
512 L.U.E.s
586 L.U.E.st
December 31, 1987
December 31, 1988
December 31, 1989
December 31, 1990
3- 1087.1 - 8 (10/20/87)