R-89-1221 - 1/20/1989THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT TERMINATING
INTERIM WASTEWATER DISPOSAL AGREEMENT
This Agreement Terminating Interim Wastewater Disposal Agreement ( "this Agreement ") is entered into by
and among the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam
Counties (the "District "), the City of Austin ("Austin "), and the City of Round Rock ( "Round Rock ").
WHEREAS, the District, Austin and Round Rock have heretofore entered into that one certain Interim
Wastewater Disposal Agreement ("Interim Agreement ") dated January 30, 1989, and:
WHEREAS, the District, Austin, and Round Rock entered into that one certain Agreement for Termination
of Brushy Creek Regional Wastewater Disposal Agreement ("Termination Agreement ") dated as of
September 19, 1994, which Termination Agreement provides, among other things, that the Interim Agreement
would be terminated, and;
WHEREAS, the District, Austin, and Round Rock wish to terminate the Interim Agreement;
NOW, THEREFORE, the District, Austin, and Round Rock hereby agree as follows:
ARTICLE I.
1.01 Termination of Interim Agreement. The District, Austin and Round Rock hereby agree that the
Interim Wastewater Disposal Agreement dated January 30, 1989 shall be and hereby is terminated.
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 last date signed below.
APPROVED AS TO FORM:
By:
is
ti JartJ " t[.. IYlATC141))
Assistant City Attomey
1
CITY OF AUSTIN:
Name:
Title: ,vir.oc e
Date: 9 -/9 -lb
ATT CIT
By B y :
Joanne Land
City Secretary
TO RM:
4
By: , =•Y1 _
Ste phanl heets
APPROVE
By:
City Atto ey
APPROVED AS TO FORM:
A,
Miles
Counsel
H:ICONTRACT BRUSITYCRlTERMNTE.FIN
2
Date: g _ 14 ► 6 .
Title:
Date:
Charles Cul
ROCK:
er, Mayor
BRUSHY CREEK WATER CONTROL
AND IMPROVEMENT DISTRICT NO. 1
OF WI IAMSON AND MILAM
CO NT S
Name: W i 11 R. LJ i l S or.► i
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT TERMINATING
INTERIM WASTEWATER DISPOSAL AGREEMENT
This Agreement Terminating Interim Wastewater Disposal
Agreement ( "this Agreement ") is entered into by and among the Brushy
Creek Water Control and Improvement District No. 1 of Williamson and
Milam Counties (the "District "), the City of Austin ( "Austin "), and
the City of Round Rock ( "Round Rock ").
WHEREAS, the District, Austin and Round Rock have heretofore
entered into that one certain Interim Wastewater Disposal Agreement
( "Interim Agreement ") dated January 30, 1989, and;
WHEREAS, the District, Austin, and Round Rock entered into that
one certain Agreement for Termination of Brushy Creek Regional
Wastewater Disposal Agreement ( "Termination Agreement ") dated as of
September 19, 1994, which Termination Agreement provides, among
other things, that the Interim Agreement would be terminated, and;
WHEREAS, the District, Austin, and Round Rock wish to terminate
the Interim Agreement;
NOW, THEREFORE, the District, Austin, and Round Rock hereby
agree as follows:
1.01 Termination of Interim Agreement. The District, Austin and
Round Rock hereby agree that the Interim Wastewater Disposal
Agreement dated January 30, 1989 shall be and hereby is terminated.
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 17th day of September,
1996.
C: \MPCOCS\A CITY \ MGM. \INTRRIM\IMIRRMM2.AGR /e1e
ARTICLE I.
1
g p,
ATTEST:
By:
James E. Aldridge
City Clerk
APPROVED AS TO FORM:
By:
Assistant City Att
Joanne Land,
City Secretary
APPROVED AS TO FORM:
By:
ATTEST:
By:
By:
Stephan L. Sheets,
City Attorney
Billy Banks,
Secretary By:
APPROVED AS TO FORM:
James Miles,
General Counsel
CITY OF AUSTIN:
Name:
Title:
Date:
TY
CI F 27 ( ROCK: By
Charles Cul a er, Mayor
Date:
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAN COUNTIES
Date:
2
Roscoe Conley, President
WHEREAS, the Brushy Creek Water Control and Improvement District
No. 1 of Williamson and Milam County (W.C.I.D.), the City of Austin
and City of Round Rock have heretofore entered into a Wastewater
Disposal Agreement on April 11, 1988; and
WHEREAS, the above- described agreement provided for the parties
thereto to enter into an interim wastewater disposal 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 interim wastewater disposal agreement a copy of
which is attached hereto and incorporated herein for all purposes.
RESOLVED this 20th day of January, 1989.
ATTEST:
411140 /
it - . /�
E LAND, Ci y Secretary
C34RESWCID2
RESOLUTION NO. /:2/le
74,‘
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
INTERIM WASTEWATER DISPOSAL AGREEMENT
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 "), and the
City of Round Rock ( "Round Rock "); 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 Agreement dated April 11,
1988, providing for the construction and operation of a regional
wastewater system, as set forth in the Engineering Report
referenced therein, and;
WHEREAS, Article X, Section 10.02 of said Wastewater
Disposal Agreement provides for the District to negotiate and
execute 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
and services 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 all of the wastewater transportation capacity
contemplated by this agreement and any obligation of Round Rock
to provide such wastewater transportation capacity is contingent
upon the completion of certain additional facilities, to wit:
a. District Contract 5 -Phase II as defined in the
Engineering Report, and
b. District Contract 6 as defined in the Engineering
Report.
SECTION 1.02 AREA OF TRANSPORTATION: Round Rock agrees
to provide the District with wastewater transportation capacity
and services from the northern terminus of its existing Onion
Creek Interceptor "Point of Entry" to its existing wastewater
treatment facilities and /or the District's proposed 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 the Wastewater Disposal Agreement, this Agreement shall
prevail and be binding upon all parties hereto until termination
of this agreement.
2
SECTION 2.02 FACILITIES AFFECTING CAPACITY: The volume of
wastewater which Round Rock will be able to transport hereunder
depends upon certain facilities which have been or will be
constructed. These facilities are:
a. Round Rock's Lake Creek Pumpover which has been
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,
P. Onion Branch Lift Station as defined in the Engineering
Report,
c. A 12" force main which has been 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 Contract 5 -Phase II as described in 1.02 a
above,
e. District Contract 6 as described in 1.02 b above.
SECTION 2.03 PRIOR TO COMPLETION OF CONTRACT 5 -PHASE II:
Prior to acquisition by the District of the District's Contract
5 -Phase II facilities described in 2.02 d above, the ability of
Round Rock to transport wastewater hereunder will be limited by
the transportation capacity of Round Rock's Lake Creek Pumpover,
the Onion Branch Lift Station and the 12" force main described in
2.02 c above and such capacity shall be allocated as follows:
a. Up to 1650 LUE's:
(1) Austin - 1100 LUEs
(2) Round Rock - 550 LUEs
b. All in excess of 1650 LUEs:
(1) Austin - 66.67
(2) Round Rock - 33.33
3
Throughout this Agreement, one (1) LUE shall be deemed to be
equal to 350 gallons per day on a monthly average basis.
SECTION 2.04 AFTER COMPLETION OF CONTRACT 5 -PHASE II, AND
BEFORE COMPLETION OF CONTRACT 6: After the acquisition by the
District of the District's Contract 5 -Phase II facilities
described in 2.02 d above and before the completion of the
District's Contract 6 facilities described in 2.02 e above, the
total capacity which will be transported by Round Rock will be
limited to the capacity of the Round Rock's Lake Creek Pumpover
and the Onion Branch Lift Station, 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 CONTRACT 5 -PHASE II AND
CONTRACT 6: After the acquisition by the District of the
District's Contract 5 -Phase II facilities described in 2.02 d
above and the District's Contract 6 facilities described in 2.02
e above, the total capacity which will be transported by Round
Rock hereinunder will be limited to the capacity of the Onion
Branch Lift Station and such capacity shall be allocated as
follows:
a. Round Rock - 1650 LUEs
b. Austin
- 3350 LUEs
In the event that the actual capacity of District Contract 5-
Phase II exceeds 5,000 LUEs, all such capacity of District
Contract 5 -Phase II in excess of 5,000 LUEs shall be allocated to
Round Rock.
SECTION 2.06 LIMIT ON TRANSPORTATION: At no time will the
transportation of wastewater hereunder through any of Round
Rock's wastewater transportation facilities exceed 5,000 LUEs.
While it is contemplated that such 5000 LUEs will be available
from Round Rock during the term of this agreement, if Round Rock
reasonably determines that such capacity or portion thereof will
no longer be available then Round Rock shall immediately notify
4
the District and the District shall proceed to implement
"Required Improvements" to Round Rock's existing Onion Creek
Interceptor pursuant to Article VII of the Wastewater Disposal
Agreement or shall proceed to terminate the interim wastewater
transportation capacity and services pursuant to Section 2.07
below.
SECTION 2.07 TERMINATION: The
transportation capacity and 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,
20a and 21.
ARTICLE III.
EXPANSION OF ONION BRANCH LIFT STATION
interim wastewater
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, 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 provisions of Section 6.05 (d) of the Wastewater
Disposal Agreement.
SECTION 3.02 ALLOCATION OF CAPACITY: Each Customer shall
be entitled to capacity in the Onion Branch Lift Station in
accordance with the provisions of Sections 2.03, 2.04 and 2.05
above.
5
ARTICLE IV.
WASTEWATER 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 capacity and
services as provided below and beginning at the time 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 capacity and services at its
existing 2.5 MGD and 3.0 MGD wastewater treatment plants as
provided herein is contingent upon the following:
a. Round Rock having unused wastewater treatment capacity
in such Plants, and
b. At such time as actual average daily metered flow into
the Plants reaches or exceeds seventy -five percent
(75%) of such Plant's combined capacity of 5.5 MGD for
three consecutive months, 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 two Plants by no
less than an additional 100,000 gallons per day,
average daily flow. At such time as actual average
daily metered flow into the Plants reaches or exceeds
ninety percent (90 %) of such combined capacity for
three consecutive months, 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
6
design, shall be born by such Customer or Customers requiring the
same, and any subsequent Customers requiring capacity therein
shall reimburse the Customer or Customers bearing the initial
cost, their pro rata share of such costs based upon required
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 generally the same basis as
described above. Notwithstanding anything contained herein to
the contrary, the District shall not be required to construct or
obtain temporary wastewater treatment facilities if the total
plant capacity is generated solely by Round Rock. All discharge
through the temporary facilities shall be through the District's
Wastewater Discharge Permit.
SECTION 4.03 TERMINATION: The interim wastewater
treatment capacity and services agreed to be provided by Round
Rock to the District herein shall terminate at such time as the
District's proposed 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 during the
period which Round Rock is also providing wastewater
treatment services, such wastewater transportation
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 of the wastewater
transportation services as set forth in Section 2.07.
7
b. For wastewater transportation services following the
period which Round Rock is also providing wastewater
treatment services, such wastewater transportation
services shall be provided at 0.50 times the lowest in-
city rate for any residential customer.
c. For wastewater treatment services, such services shall
be provided at 1.25 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 requirements of quality
as set forth in Articles IV and V in the Wastewater
Disposal Agreement. The "Point of Entry" of wastewater
from the District's System to the Round Rock wastewater
system shall be at the northern terminus of its
existing Onion Creek Interceptor.
SECTION 4.06 METERING:
a. The District will furnish, install, operate and
maintain at its expense at the Onion Branch Lift
Station 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 the 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
8
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 of 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.
9
ARTICLE IV.
FORCE MAJEURE
SECTION 6.01 In any 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
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.
10
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 of 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 Any amendment to this agreement shall be in
writing and shall become effective only with the consent of each
party hereto.
ARTICLE IX.
ASSIGNMENT
SECTION 9.01 This Agreement shall not be assignable by any
party without the prior written consent of the other parties.
11
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.
If to the District, to:
If to Round Rock, to:
ARTICLE X.
SEVERABILITY
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:
Brushy Creek Water Control and Improvement District No.
1 of Williamson and Milam Counties
301 Resters Crossing, Suite 120
Round Rock, Texas 78681
Attention: General Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Attention: City Manager
If to Austin, to:
City of Austin
P. 0. Box 1088
Austin, Texas 78767 -8828
Attention: Director of Water and Wastewater
12
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 counterpart= each of
which shall constitute an original, all as of the 3 'T'' day of
alYvVAM -/ , 1989.
ATTEST:
R•scoe Conoley,
Secretary -
ATTEST:
ATTEST:
C: \WP50 \REGIONAL \INTWDA -3.CON
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES
301 Hesters Crossing, Suite 120
Round Rock, Texas 78681
Dan,- ize,
President
Executed
CITY OF AUSTIN
P. 0, Box 1088
Austin, Texas 78767 -8828
James E. Aldridge, ' Barney Knight,
City Clerk Acting City Manager
Executed
CITY OF ROUND ROCK
221 East Main
Round Rock, Texas 78664
i J. -nne Land, Mike Robinson,
ty Secretary Mayor
Executed
13
,1989
, 1989
, 1989
BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1
OF WILLIAMSON AND MILAM COUNTIES
301 Resters Crossing, Suite 120 r •-~r r�CLJ APR ^
Round Rock, Texas 78681 1 -
(512) 244 -2205
April 19, 1989
City of Round Rock
221 East Main Street
Round Rock, TX. 78664
Attention: Mr. Robert L. Bennett, Jr.
City Manager
Dear Mr. Bennett:
Attached hereto for the official records of the City of Round
Rock please find one (1) fully executed copy of the Interim
Regional Agreement between the City of Austin, the City of Round
Rock, Williamson County M.U.D. No. 3 and the Brushy Creek WCID
No. 1. The term of this agreement was for the period from August
21, 1987 through April 11, 1988.
If I can be of any further assistance in this matter please feel
free to contact this office.
Very truly yours,
James R. Clarno, P.E.
General Manager
JRC:rbb
Enclosure
INTERIM REGIONAL AGREEMENT
This agreement is entered into between 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 "), 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 together with Williamson County
Municipal Utility District No. 2 (MUD 2) entered into a Wastewater Disposal
Contract dated December 16, 1985, and as amended, hereinafter called the
"Contract "; and
Whereas, by resolution adopted by MUD 2 on August 20, 1987, MUD 2 gave
notice to the District not to proceed to acquire or construct Phases lA and
1B of the System; and
Whereas, the Contract provides that in the event any customer elects not
to proceed the District shall not be obligated to so proceed and the
customers shall be relieved from any further obligations one to the other and
the District shall return any excess moneys in the Construction Fund which
are not needed to pay Project Coats to each Customer as appropriate, provided
that the District and the other customers agree to use their best efforts to
continue to proceed to construct the System without the declining customer;
and
Whereas „the District and the Customers wish to continue to use their
best efforts in furtherance of the concept of the construction of a regional
wastewater system without the declining customer; and, to accomplish which,
the Customers wish to authorize the District to continue to incur expenses
for Project Costs as defined in the Contract;
Now Therefore, the District and Customers agree as follow:
I.
The District and the Customers agree to use their best efforts in
furtherance of the concept of the construction of a regional wastewater
system.
II.
The District is authorized to continue to make expenditures for current
liabilities and for Administrative Costs related to the planning,
development, and operation of the System (as defined in the Contract) and for
Project Costs (as defined in the Contract) to the extent that the payment of
such Project Costs are necessary to accomplish the goals set forth in Article
I above, which expenditures shall be made from the funds of the Customers now
remaining or hereinafter funded by the Customers into the Construction Fund
now existing under the Contract. It is agreed that all expenditures
chargeable to all of the original customers to the Contract shall be made
from the existing Construction Fund in accordance with the procedures set
forth in the Contract. It is agreed that all expenditures only chargeable to
the remaining Customers shall be drawn from each remaining Customer's account
in the Construction Fund in such proportion or pro rata share as is shown on
Exhibit A attached hereto.
Any party to this agreement may terminate it by notice to all of the
other parties given in the manner prescribed in the Contract. In the event
of such notice of termination, the District shall not be obligated to proceed
and the District and the Customers shall be relieved from any further
obligations one to the other under this agreement and the District shall
return any excess moneys in the Construction Fund which are not needed to pay
Project Costs to each Customer as appropriate.
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 21st day of August, 1987.
ATTEST:
(toscoe Conoley
Secretary
(SEAL)
ATTEST:
ill J // ' rrI./
Jenne Land.
C -y Secretary
(SEAL)
ATTEST;
City Clerk
awes E. Aldridge.
(SEAL)
BRUSHY CREEK WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1 OF WILLIAMSON AND MILAM
COUNTIES
Dan Mize
President
CITY OF ROUND ROCK
By:
Mike Robinson
Mayor
CITY OF AUSTIN
By:
City Manage
ATTEST:
(SEAL)
Z: \REMOTE \C \WP \WCID.SAV
WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 3
By:
EXHIBIT A
TOTAL
LINE AND COMMON CAPACITY (In LUES)
PRO RATA
SHARE
AUSTIN 27,500 .795948
ROUND ROCK 4,900 .141823
MUD 3 2,150 .082229