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R-94-05-26-10A - 5/26/1994WHEREAS, the Brushy Creek Municipal Utility District ( "the District ") desires to take its North Wastewater Plant off -line and transport its sewage directly into the Regional Wastewater System; and RESOLUTION NO. k.94 - D5 I QIq WHEREAS, the District is currently negotiating with the City of Austin to utilize the planned regional collection system; and WHEREAS, the City of Round Rock desires to assist the District during the interim period of negotiations by allowing a diversion of flows which will disconnect the existing plant from operation over the Edwards Aquifer; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, KS\RESOLUTION RS05264A 1. That the City Council of Round Rock approves in principal the letter dated May 20, 1994, signed by District Board member Jimmy Griffith, said letter being attached hereto and incorporated herein as Exhibit "A ". 2. That the staff is hereby directed to prepare a Letter of Understanding to be signed by the City and the District which evidences the terms and conditions as set out in the letter attached as Exhibit "A ". RESOLVED this 26th day of May, 199 gr P �' CHARLES CULP E City of Round Ro Mayor Texas ATTEST: ,.4i AI A/ 1 J LAND, City Secretary 2. May 20. 1994 Non. Cicalas Culpepper, Mayor City of hound Rock 221 1'.. Main Round Rock, 'ream 78664 I)cur Mayor Culpepper. Jimmy Griffith 16422 Pocono Dr. Austin, Texas 78717 The following is intended to be the basis of a Letter of Understanding and Principle regarding the Brushy creek MUD's North Wastewater Plant. lithe text is appropriate, and If it is acceptable, we will have our attorney put it into the form of a resolution which we can pure on Tuesday night. 1 f them: is any concern about the involvement of the attorney, than wo can put it into a format which we all agree upon. The two ere icics aro in agreement that the Brushy Creek MUD North Wastewater Plant should be token oil :line and that the sewage received at this site should be transported and treated within the regional system. The positions of rho two entities is generally as follows, t. 'rho Brushy Crook Municipal Utility District desires to take its North Wastewater Plant till' line and and the sewage currently received at that plant Into the Regional Wastewater System. The North Wastewater Plant is in very poor physical condition, and failure of one or Faun ot'the steel walls appears possible at any time. 'therefore, the MUD desires to take the plant off line as Soon as possible. further, the MUD recognizes the benefits of and the need for regimunizution in areas such as wastewater collection and treatment, 2. The City of Round Rook is agreeable to this approach, particularly because discharge from this plant is in the recharge, one of the Edwards Aquifer, which supplies some of the isolable water for the City of Round Rock. I Iw liblluwing items outline the understanding and prineiph s which will guide this process. I. Thu Brushy Creek MUD will commence immediate efforts to obtain a contract with the City of Austin to receive end treat the waste for the Brushy Creek North Section. The MUD will uggrct.srvely. and expeditiously pursue this contract. 2. In the interim from present until a contract with the City of Austin is signed, Round Rock .tgrc s to allow a diversions of flows from the North Wastewater Plant to the regional collection .y;ncnt This interim agreement will be valid for 180 days. The City of Austin contract Is 1 EXHIBIT o 1 rapceted at hu executed within that time frame. If at the end of 180 days, Ruch contract is not yet eneuuted. then representatives of Round Rock and the MUD will discuss a further extension of this preliminary agreement, or alternatively, a long -term agreement. 3. 'I4ue Brushy Creek MUD North Wastewater Plant will be taken off-line as soon as a pliy +ieul bale cttn be made to the regional collection system. This tie will be made Into a inc l which is approximately 75' west of the North Wastewater Plant. This tie•in will be made at the rxpcnsc of the MUD. 4 l liug for transportation and treatment ol'this waste during the interim period will he at charge of 52.75/1000 gallons of wastewater treated If Lite diversion line Is connected Into the rcpiondl systant before u meter is available for measurement of flows. the billing will be based on tot .tvvrauti daily slow as measured in the same month of 1993, 5. The permit for the Nonh Wuatcwuter Plant will continue to bo valid until the contract with the City of Austin is obtained, At the time such contract is executed, Brushy Crock MUD will take any necessary steps to invalidate the discharge permit for the North Wastewater Plant. n. Round Rock agrees that no capital recovery fees (CRP's) will bo uollooted for the existing l ' us4(ux or May 24, 1994) servod by the North Wastewater Plant, Any future homes built in , crviuc area will pay the appropriate CRP as outlined in the wastewater contract to be extroutcd with the City ol'Austin. !tarry new home is tied in during the Interim period, the CRF will he us determined by the City of Round Rock, Icigin now I ant looking fur input on the wording and layout, as well as the form, When I gal that hack. I will work up a final form which can be prsaentcd to the Brushy Creek MUD Board of Directors on Tuesday night. 1 understand that Routed Ruck will place this on their agenda for next '1 hunduy night. The MUD) will adopt a Letter of Understanding and Principles and submit that to Round Rock for their consideration at their council meeting. 1'kusc return (by fax) if possible any comments that you have Nineetety • c Jithmy irillith c'huinu.tn. Wutor /Wastewaer /Planning Committee liru::lty t'rs k MUD MAY-24-94- T U E 1 =22 R MARK DIET Z • BRUSHY CREEK MUNICIPAL UTILITY DISTRICT RESOLUTION NO. RESOLUTION AND ORDER RELATING TO INTERIM WASTEWATER AGREEMENT WITH TEE CITY OF ROUND ROCK STATE OF TEXAS p COUNTY OF WILLIAMSON 6 BRUSHY CREEK MUNICIPAL UTILITY DISTRICT S P _ 02 WHEREAS, Urusby Greek Municipal utility District ( "thu District") has a permit to operate a wastewater treatment facility for the tsruahy Creek North lest inn as approv-d key t.hr• Tflac:c: in open meeting on May 11, 1994; and WHEREAS, the District has an obligation to provide wastewater treatment for the existing users and the future build out. of Brushy Creek North Section; and WHEREAS, the District desire: to disconnect its existing plant from service; and WHEREAS, the District has been in negotiations with the City of Austin which may result in .c contract with the City of Austin to utilize the planned regionn1 collection eystem and treatment facility; and WHEREAS, the City of Round Rock wishes to assist in the interim period of negotiations by allowing a diversion of flows which will disconnect the existing plant from operation over the Edwards Aquifer; NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF DIRECTORS OF BRUSHY CREEK MIINIM PAL UTILITY DISTRICT THAT: 1. The findings in the preamble hereof arc true and .ulnpted as findings of fact. 2. The District will commence immediate efforts to obtain a contract with the City of Austin to receive and treat the waste for the Brush Creek North Section. The District will expeditiously pursue this contract. 3. Until a contract with the City of Austin is signed, the District and Round Rock will agree to allow a diversions of flows from the North Wastewater Plant to the regional collection system. This interim agreement will be rot 180 days. The city of Austin contract is expected to be executed within that time frame. If at MAY-24-94 T U E .1 3: 2 3 R MARK D I E T Z the end of 180 days, such contract is not yet executed, but negotiations are proceeding in good faith between Austin and the District then representatives nt Rcnnd Rnr.k And the D1 trir:t will extend this preliminary agreement. IIowever, if such negotiations are not going to proceed then the District will alternatively discuss a long -term agreement with the City of Round Rock. 4. The District North Wastewater Plant will be taken off - line as soon as a physical tie -in can be made to the regional collection system. This tie will be made into a line which is approximately 75' west of the North Wastewater Plant. This tie -in will be made at the expense of the District. 5. The District will agree to pay Round Rock for transportation and treatment of this waste at a charges of $2.75/7000 gallons of wastewater treated. Tf the diversion line is connected into the regional system before a meter is available for measurement of flows, the District will agree to pay a charge baser] on an average daily flow as measured in the same month for the preceding year. 6. The permit for the North Wastewater Plant will continue to be valid until the contract is executed with the City of Austin or the City of Round Rock which provides at least as great a discharge capacity as the current permit. At the time such contract is executed, the District will take an necessary steps to invalidate thn discharge permit for the North Wastewater Plant. 7. The District and Round Rock would agree that no capital recovery fees (CRF's) will be collected for the existing homes served by the North Wastewater Plant as of the date of the agreement. If any new connection is made during the interim period, the CRF will be that charged by City of Round Rock by ordinance. IT IS RESOLVED AND ORDERED that the president of the District is authorized to enter into an agreement with the City of Round Rock which sets forth the foregoing terms and conditions. ATTEST: secretary Board of Directors . ,. P - 0 3 BRUSHY CREEK MUNICIPAL UTTTTTY DISTRICT President Board of Directors DATE: May 24, 1994 SUBJECT: City Council Meeting, May 26, 1994 ITEM: 10A. Consider a resolution authorizing the Mayor to sign a letter of understanding in principle with Brushy Creek MUD for the extension of regional wastewater service to Brushy Creek North. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION Enclosed is a copy of a Letter of Understanding of Principle regarding wastewater service to Brushy Creek North. This letter will serve as a basis for a resolution by both the Brushy Creek MUD and the City of Round Rock to permit the MUD to abandon their North plant thus eliminating a discharge over the aquifer. The MUD is expected to pass a similar resolution on May 24. Mayor Charles Culpepper Mayor Pro•tem Robert St!aka Council Members Rod Morgan Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robot L. Bennett, Jr. City Attorney Stephan L. Sheets June 6, 1994 John Adams General Manager;:_ Brushy Creek MUD 901 Great Oaks Drive Round Rock, TX 78681 -2506 Dear Mr. Adams: Resolution No. R- 94- 05- 26 -10A was approved by the Round; Roc City Council on May 26, 1994. Enclosed is a copy of the resolution for your files. If you have any questions, please do not hesitate to call. Sincerely, ieuva Joanne Land Assistant City Manager/ City Secretary Enclosure TSE CITY OF.ROUND ROC% otw.xrn 221 EastMainStreet Round Rock, Texas 78664 612 - 256 -3612 Fax 512-255-6676 1-800-735-2989 (TDD) 1- 800 - 735 -2988 (Voice)