R-91-1590 - 3/28/1991WHEREAS, the Brazos River Authority ( "BRA ") and the City entered
into a Water Supply Agreement ( "Agreement ") dated January 24, 1985 for
water from Stillhouse Hollow Lake, and
WHEREAS, the BRA and City wish to amend said 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 Amendment No. 1 To Water Supply Agreement By And
Between Brazos River Authority And City of Round Rock, a copy of said
Amendment being attached hereto and incorporated herein for all
purposes.
RESOLVED this 28th day of March, 1991.
ATTEST:
RS03281I
City Secretary
RESOLUTION NO. /J I O
w411--
MIKE ROBINSON, Mayor
City of Round Rock, Texas
CI TY
ATTEST
83/21
AMENDMENT NO. 1 TO
WATER SUPPLY AGREEMENT BY AND BETWEEN
BRAZOS RIVER AUTHORITY AND
CITY OF ROUND ROCK
Under the terms of a Water Supply Agreement dated January 24,
1985 ( "Agreement ") by and between Brazos River Authority
( "Authority ") and City of Round Rock ( "City "), water is made
available by Authority to City from Stillhouse Hollow Lake
( "Lake "). By mutual agreement of Authority and City, the
Agreement is hereby amended as follows:
(a) Paragraph 2. WATER SUPPLY. is amended to reduce the
quantity of water which City has the right to withdraw
from 16, 134 acre -feet per year (14.406 million gallons
per day averaged over the period of one year), to 8,134
acre -feet per year (7.263 million gallons per day
averaged over the period of one year);
(b) Paragraph 3. OPTION. is hereby deleted in its entirety;
and
(c) The first sentence of Paragraph 19. SURPLUS WATER. is
amended by adding the phrase "without approval of
Authority" following the word "above" at the end of the
sentence.
WITNESS OUR HAND this /5 day of 42- , 1991.
ATTEST
Assistant Secretary
BY
BRAZO: RIVER AUT
CARSON H. OGE
General Manager
0
CITY OF ROUND ROCK
BY
yor
DATE: March 26, 1991
SUBJECT: City Council Meeting, March 28, 1991
ITEM: 9.I. Consider a resolution authorizing the Mayor to
execute amendment No. 1 to the Water Supply
Agreement with Brazos River Authority.
STAFF RESOURCE PERSON: Jim Muse
STAFF RECOMMENDATION:
Amendment, No. 1 to the Water Supply Agreement between BRA
and the City contains 3 amendments as follows:
1. The quantity of water the City has the right to withdraw
will be reduced from 16,134 acre -feet per year to 8,134
acre -feet per year. This amount of water reflects a
25 year planning period which will be reviewed annually.
2. Paragraph 3 will be deleted in its entirety. This
paragraph spoke to a water option we will not be
purchasing.
3. The first sentence of paragraph 19 is to be amended by
adding the phrase "without approval of authority ".
This change more accurately reflects the circumstaances
of the contract and how it works.
Staff recommends approval of the resolution.
Dear Mr. Crolley:
B RAZOS RIVER AUTHORITY
4400 COBBS DRIVE • P. 0. BOX 7555 • TELEPHONEAREA CODE817776 -1441
WACO, TEXAS 76714-7555
April 17, 1991
Mr. William G. Crolley, P.E.
Head, Applications Unit
Texas Water Commission
P. 0. Box 13087, Capitol Station
Austin, Texas 78711 -3087
We submit for filing Amendment No. 1 to a Water Supply Agreement
by and between Brazos River Authority and City of Round Rock,
dated January 24, 1985. Under provisions of this Contract, up to
8,134.0 acre -feet of water per year is to be made available from
Stillhouse Hollow Lake for municipal purposes.
Please feel free to call on us if you have any questions
concerning the above matter.
SLF:jls
wob/86/146
Enclosure
Sin rely,
HERYL L.AF
Water R = Division Man - eer
cc: Mr. Robert L. Bennett, Jr., AICP (without enclosure)
City Manager
City of Round Rock
221 E Main Street
Round Rock, Texas 78664
Mr. Robert L. Bennett, Jr., AICP
City Manager
City of Round Rock
221 E Main Street
Round Rock, Texas 78664
Dear Mr. Bennett:
We return herewith one fully executed copy of Amendment No. 1 to
Water Supply Agreement By and Between Brazos River Authority and
city of Round Rock, dated January 24, 1985. This Amendment has
been signed and dated April 15, 1991, by Mr. Carson H. Hoge.
A copy of this Contract is concurrently being submitted to the
Texas Water Commission as is required by the "Permanent Rules" of
that agency.
Please let us know if you have any questions regarding this
matter.
SLF:jls
wob/86/145
Enclosure
BRAZOS RIVER AUTHORITY
4400 COBBS DRIVE • P. 0. BOX 7555 • TELEPHONE AREA CODE 817776 -1441
WACO, TEXAS 76714 - 7555
April 16, 1991
Sinc - rely,
SHERYL L FRANKLIN, P.E.
Water Re-ources Division Manager
cc: Mr. William G. Crolley, P.E. (without enclosure)
Head, Applications Unit
Texas Water Commission
P. 0. Box 13087 Capitol Station
Austin, Texas 78711 -3087
/596/e)-
Dear Mr. Bennett:
SLF:jls
86/136
Attachment
kec - l1 - 91
CC: iW
BRAZOS RIVER AUTHORITY AG
Mr. Robert L. Bennett, Jr., AICP
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
4400 COBBS DRIVE • P. 0. BOX 7555 • TELEPHONE AREA CODE 817776 -1441
WACO, TEXAS 76714 -7555
March 8, 1991
If you have any questions, please feel free to contact us.
S', cerely,
Our Board of Directors authorized the General Manager to execute
the attached Amendment No. 1 to Water Supply Agreement By and
Between Brazos River Authority and City of Round Rock at its
meeting of February 27, 1991. This amendment reduces the
commitment of "Election Notice" water from Lake Stillhouse Hollow
to City from 16,134 acre -feet per year to 8,134 acre -feet per
year and eliminates "option water" entirely, as requested in your
letter of January 29, 1991.
If you concur with the Amendment, please sign and return three
(3) undated copies. We will return one fully executed copy for
your files.
You will receive a revised invoice shortly in the amount of
$251,259.26 for this water for 1991.
SHERYL P.E.
Water ources Division Manager
RESOLUTION
RESOLVED THAT the General Manager be, and he is
hereby, authorized to execute an amendment to the Water
Supply Contract with the City of Round Rock for water from
Lake Stillhouse Hollow generally in the form attached
hereto as Exhibit.
I, Roy A. Roberts, Assistant Secretary of the Brazos River
Authority, hereby certify that the above and foregoing is
a true and correct copy of a Resolution adopted by the
Board of Directors of Brazos River Authority at its
special called Board meeting held in Austin, Texas on
February 27, 1991.
WITNESS MY HAND this 5th day of March 1991.
ROY A. ROBERTS, Assistant Secretary
Brazos River Authority
Mayor
Mike Robinson
Mayor Pro -tem
Charles Culpepper
Council Members
Robert Stluka
Tish Oalman
Pete Correa
Earl Palmer
Jimmy Joseph
City Maaager
Robert L Bennett, Jr.
City Attorney
Stephan L. Sheets
January 29, 1991
Mr. Carson Hogue
Brazos River Authority
P.O. Box 7555
Waco, Texas 76714 -7555
Dear Mr.
THE CITY OF ROUND ROCK '
221 East Main Street
Round Rock, Texas 78664
512-255-3612
The City of Round Rock has reevaluated its water needs
for the next 25 years. Our present contract allows us
to take 16,134 acre -feet per year of current water from
Stillhouse Hollow Reservoir and an additional 1,080
acre -feet of option water. Our reevaluation of water
needs indicate that only 8,134 acre -feet of water from
Stillhouse will be necessary to meet future Round Rock
demands.
We had anticipated that the rate review currently in
process at the Texas Water Commission would have been
completed by now and a new contract executed reflecting
our reevaluated need. Irrespective of the outcome at
the Texas Water Commission our need will remain 8,134
acre -feet.
As you know, our payment on 16,134 acre -feet of current
water and 1,080 acre -feet of option water is due on
February 15, 1991. I am hopeful that arrangements can
be made with the Brazos River Authority so that we have
to make payment on only 8,134 acre -feet of water.
Please let me know how best to proceed. As you know,
the city believes that it has already paid nearly $2.5
million for water it will never use.
Any assistance the Brazos River Authority can give in
this matter will be greatly appreciated.
Sinc
Ro•ert L. Bennett, Jr., AICP
City Manager