R-88-1117 - 5/17/1988WHEREAS, Williamson County Municipal Utility District No. 9
( "District ") has applied to the Texas Water Commission for a permit
to dispose of .10 MGD of waste within the District by spray
irrigation, and
WHEREAS, the City of Round Rock has, by Protest dated May 2,
1988, protested the application and requested that a hearing be held
to deny the application, and
WHEREAS, the City and the District desire to enter into an
agreement for the withdrawal of the protest and the use of the permit
by the District, 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 Wastewater Irrigation
Permit, a copy of said Agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED THIS 17th day of May, 1988.
ATTEST:
J
LAND, City Secretary
G5CRRRESWCMUD9
RESOLUTION NO. /4/ !�
MIKE ROBINSON, Mayor
City of Round Rock, Texas
AGREEMENT CONCERNING WASTEWATER IRRIGATION PERMIT
This Agreement Concerning Wastewater Irrigation Permit
( "Agreement ") is entered into this 19th day of May
1988, by and between the City of Round Rock, Texas (the "City "),
a home -rule city located in Williamson County, Texas, and
Williamson County Municipal Utility District No. 9 (the
"District "), a conservation and reclamation district created
pursuant to Article XVI, Section 59 of the Texas Constitution and
operating under the provisions of Chapter 54 of the Texas Water
Code.
W I T N E S S E T
WHEREAS, the District is located within the extraterritorial
jurisdiction of the City; and
WHEREAS, the City and the District have entered into a Water
and Wastewater Agreement, dated effective as of January 22, 1987,
under which the City has agreed to collect, transport and treat
wastewater generated by 1400 living unit equivalents ( "LUEs ")
from the boundaries of the District;
WHEREAS, the City presently has 150 LUEs of wastewater
service reserved for use by the District in a force -main (the
"Milburn Force Main ") owned by a developer, through which the
initial amounts of wastewater generated by the District will
flow;
WHEREAS, the District has applied (the "Application ") to the
Texas Water Commission for a permit (the "Permit ") to dispose of
.10 MGD of waste within the District by spray irrigation;
WHEREAS, the City has, by Protest dated May 2, 1988 (the
"Protest ") protested the Application and requested that a hearing
be held to deny the Application;
WHEREAS, the City and the District desire to set forth their
Agreement for the withdrawal of the Protest and the use of the
Permit by the District, should the Permit be granted;
NOW, THEREFORE, in consideration of the premises and the
mutual promises and benefits described herein, the parties hereto
agree as follows:
1. Withdrawal of Protest. The City agrees to withdraw the
Protest on or before May ..kS' 1988 and to take no further action 041
which could delay or prevent the granting of the Permit to the 4'7
District.
2. Use of the Permit. Should the Permit be granted, the
District agrees to use the Permit only for one or both of the
following purposes:
a. To irrigate land comprising a golf course which is
located on land presently included in or hereafter
added to the District, regardless of the capacity
available from the City in the Milburn Force Main or
otherwise; and
b. To provide the District with additional wastewater
treatment service capacity in the event the City is
unable to otherwise provide additional wastewater
treatment service to the District. It is understood
that there could be additional costs borne by the
District to upgrade the existing wastewater collection
system.
3. Amendments. Any and all amendments, additions or
deletions to this Agreement shall be null and void unless
approved by the parties in writing.
4. Applicable Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Texas.
All obligations of the parties hereto are performable in
Williamson County, Texas.
5. Notice. Any notice to be given hereunder to a party
shall be in writing and deemed given on the date it is delivered
personally or sent by registered or certified mail, postage
prepaid, as follows:
If to District:
Williamson County Municipal Utility
District No. 9
c/o Leonard Marsh Hurt & Terry
816 Congress, Suite 1280
Austin, Texas 78701
If to City: City of Round Rock, Texas
Round Rock, Texas 78664
Attention:
Either party may change its address for purposes of this
paragraph by giving notice of such change of address to the other
party in the manner herein provided for giving notice.
-2-
6. No Assignment. This Agreement and all rights and
obligations hereunder shall not be assignable unless agreed to by
both parties in writing.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
ATTEST:
ATTEST:
S r-tary of
unicipal Uti
Keith E. You
WCMUD2 /68
Land, City Secretary
liamso
ty Distri
my
No. 9
CITY D OFF ROUND
,{ ^ ROC TEXAS
By: N- �1
WILLIAMSON COUNTY MUNICIPAL
UTILITY DIS RICT NO. 9
ommy Cowa
Its: Presiden
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Mayor