R-92-1778 - 12/22/1992 RESOLUTION NO.
WHEREAS,the Brushy Creek Water Control and Improvement District
No. 1 of Williamson and Milam Counties ("WCID") manages the Floodwater
Retarding Structure No. 12 located on the upper reaches of Onion
Creek, and
WHEREAS, said structure is in need of repairs in order to
provide maximum protection from downstream flooding, and
WHEREAS, the developers of certain downstream property are
agreeable to paying regional stormwater management fees to offset the
cost of the repairs, and
WHEREAS, the City Council desires to enter into an agreement
with the WCID concerning the repair work, 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 Indemnity Agreement with the WCID, a copy of
which is attached hereto as Exhibit "A" and incorporated herein for
all purposes.
RESOLVED this 22nd day of December, 1992.
lad
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
NE LAND, Secretary
RS12222C
f
INDEMNITY AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This Indemnity Agreement ("Agreement") is made and entered into
by the Brushy Creek Water Control and Improvement District No. 1 of
Williamson and Milam Counties (hereinafter referred to as "District")
and the City of Round Rock, Texas (hereinafter referred to as "City,,),
each acting by and through its duly elected officials.
Recitals
Whereas, District is the holder of an Easement from Leon E.
Behrens, et ux. for the (1) construction, operation, maintenance and
inspection of certain improvements, (2) flowage of water in, over,
upon or through such improvements; and (3) the impoundment, storage or
detention of water by such improvements; and
Whereas, the City has determined that certain maintenance
activities as contemplated by the aforesaid Easement would help to
promote and encourage development in the general area, and
Whereas, since the City would receive significant benefits from
the performance of the maintenance activities, the City is willing to
assume the cost of said maintenance, Now Therefore
It Is Agreed As Follows:
I.
District agrees in consideration of a $3,000 permit fee and the.
City's agreement to indemnify it as provided below, that it would have
no objection to the City performing maintenance and repair work as
approved by the Soil Conservation Service on the Floodwater Retarding
GIndemAgree
y`
Aft.
Structure No. 12 located on property owned by Leon A. Behrens
Georgetown Railroad Co. and the
22.
In consideration of the foregoing the City shall indemnify and
save harmless the District and its officers, agents, and employees
from all suits, actions, losses, damaged, claims,
injury or death to any person, or liability for
or injury to any property, received or
sustained by any person or persons or property, arisi
occasioned by such maintenance and repair work. ng out of, or
In Witness Whereof, this Agreement is executed this
day of
1992.
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT N0. 1 OF
WILLIAMSON AND MILAM COUNTIES
By:
its President
CITY OF ROUND ROCK, TEXAS
By:
Mike Robinson, Mayor
2.
DATE: December 18, 1992
SUBJECT: City Council Meeting,December 22, 1992
ITEM: 9D. Consider a resolution authorizing the Mayor to enter into an
indemnity agreement with the Brushy Creek WCID.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
The City of Round Rock is contemplating doing improvements to SCS 12. This lake and
dam is located North of 3406,just west of the railroad. These improvements include repair and
reconstruction of a diversion berm. The result should be lower stormwater flows in the Onion
Branch basin. The upper Brushy Creek WCID owns the easement this structure lies on and we
therefore must have their permission. This indemnity agreement is required by the WCID in
order for the work to be done. The City has already forwarded payment of$3,000 to the
district. Project constructions costs are paid for through the regional stromwater management
program.
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