R-94-03-24-13D - 3/24/1994 RESOLUTION NO.
WHEREAS, the City of Cedar Park ("Cedar Park") and City of
Round Rock ("Round Rock") entered into an agreement on April 14,
1988 which was entitled the Settlement Agreement on Waste Discharge
Permit Application ("Settlement Agreement"); and
WHEREAS, the Settlement Agreement addressed certain terms
upon which Round Rock and Cedar Park settled and compromised their
differences regarding Cedar Parks wastewater treatment plant; and
WHEREAS, in August of 1993 Cedar Park filed an application
with the Texas Natural Resource Conservation Commission ("TNRCC")
to renew its wastewater discharge permit and has requested certain
amendments to its permit; and
WHEREAS, Cedar Park has requested that the Settlement
Agreement be amended in accordance with its requested permit
amendments; and
WHEREAS,Round Rock has reviewed the requested amendments and
after due consideration is agreeable to the amendments, 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 the FIRST AMENDMENT TO THE SETTLEMENT AGREEMENT
ON WASTE DISCHARGE PERMIT APPLICATION, a copy of said Amendment
being attached hereto and incorporated herein for all purposes.
KSIMOLIMON
RS03244D
RESOLVED this 24th day of March, 19 4.
CHARLES CULPBPPW, Mayor
City of Round Rock, Texas
ATTEST:
JOZIO�
ANNE LAND, City Secretary
2.
1
FIRST AMENDMENT TO THE"SETTLEMENT AGREEMENT ON
WASTE DISCHARGE PERMIT APPLICATION"
The City of Round Rock("Round Rock"), a Texas municipal corporation, and the
City of Cedar Park ("Cedar Park"), a Texas municipal corporation, entered into an
agreement on April 14, 1988 which was titled the "Settlement Agreement on Waste
Discharge Permit Application"(the"Settlement Agreement") and which addressed certain
terms upon which Round Rock and Cedar Park settled and compromised their differences
regarding Cedar Park's water reclamation facility. Pursuant to that Settlement Agreement,
Cedar Park has operated under certain waste discharge requirements and limitations which
are more precisely described in provisions A.1.,2.,and 3.of ARTICLE II of said Settlement
Agreement and which were incorporated into Texas Water Commission("TWC")permit no.
12308-01 as Other Requirements 3.,4.,and 5.
In August of 1993,Cedar Park filed the necessary documents for renewal of TWC
permit no.12308-01 and requested permit amendments to remove Other Requirements 3.,
4.,and 5. Round Rock and Cedar Park representatives have met and have discussed Cedar
Park's proposed amendments. The parties after due consideration have agreed to enter into
this First Amendment to the Settlement Agreement on Waste Discharge Permit Application
("First Amendment") and hereby mutually covenant and agree as follows:
1. Settlement Agreement ARTICLE II,provisions A.1.and 2.are hereby deleted
in their entirety.
2. Settlement Agreement,ARTICLE II,provision A.3.shall remain a part of said
Agreement,but shall be renumbered as provision 1.
3. Round Rock does not object to the removal of Other Requirements 3.and 4.
from Cedar Park's TWC(TNRCC)permit no. 12308-01.
4. Cedar Park agrees to request,within fourteen days of the execution of this
First Amendment,that Other Requirement 5.remain a part of Cedar Park's
permit and agrees to provide a copy of such request to Round Rock
contemporaneously with the TWC (TNRCC)filing.
5. Contemporaneous with such TWC(TNRCC)filing,Cedar Park shall send an
executed copy of this First Amendment to the TWC(TNRCC).
6. Settlement Agreement,ARTICLE II D.is hereby deleted in its entirety and in
its place shall be a sentence which reads: "Round Rock will not protest or
object to Cedar Park's August 1993 filing for renewal and amendment of
Cedar Park's TWC (TNRCC) permit no. 12308-01 so long as Cedar Park
complies with this First Amendment and the remaining terms of the
Settlement Agreement."
7. Settlement Agreement, ARTICLE III B. is hereby amended to require that
Cedar Park provide Round Rock with a photocopy of monthly effluent reports
within fourteen days of request for same by Round Rock. Cedar Park shall
mail a copy of the reports to the address set out in the Settlement
Agreement.
Executed this day of 1994.
CITY OF CEDAR PARK,TEXAS
By
Mayor
Attest:
City Secretary
CITY OF R ND ROCK,TEXAS
By
l (
Ma r
Attest:
Secretary
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03Z22i94 13:09 ROUND ROCK PUBLIC WORKS y 512 255 6676 ,ND.574 PO4
DATE: March 22, 1994
SUBJECT: City Council Meeting, March 24, 1994
ITEM: 13D. Consider a resolution authorizing the Mayor to execute an
amendment to the Cedar Park Wastewater Agreement.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Cedar Park has requested that Round Rock amend the Cedar Park Wastewater Agreement
to allow full use of their plant. The original agreement was to help insure that Cedar Park
would meet sufficient discharge level required to protect the Edward's Aquifer. A copy of the
agreement is attached.
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