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R-94-06-09-9C - 6/9/1994TEXAS, ATTEST: RESOLUTION NO. /e- - 00-09- 9c WHEREAS, the Round Rock City Council previously approved the terms of a letter of intent from Brushy Creek Municipal Utility District (" BCMUD.) regarding the provision of interim wastewater treatment service by the City to the north portion of BCMUD; and WHEREAS, BCMUD has now presented an agreement which incorporates the terms of said letter of intent; and RS \RESOLUTION RS06094C WHEREAS, the City wishes to approve said agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Brushy Creek Municipal Utility District for interim wastewater treatment service, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 9th day of June, 1994. E LAND, City Secretary • RO6ar A. 613-406 yor PRo - TEm ity of Round Rock, Texas 93793.10 .100:005b THE STATE OF TEXAS COUNTY OF WILLIAMSON /e- 9I -o& -oq -9c AGREEMENT FOR TEMPORARY WHOLESALE WASTEWATER SERVICE BETWEEN CITY OF ROUND ROCK AND BRUSHY CREEK MUNICIPAL UTILITY DISTRICT THIS AGREEMENT is made and entered into by and between the City of Round Rock, Texas, a Texas municipal corporation ( "Round Rock ") and Brushy Creek Municipal Utility District, a municipal utility district created and operating pursuant to Article 16, Section 59 of the Texas Constitution and Chapter 54, Texas Water Code ( "the District "). WHEREAS, Round Rock and the District have negotiated and reached a preliminary understanding regarding a temporary wholesale wastewater agreement between Round Rock and the District; and WHEREAS, the general terms of that agreement are set forth in the attached Exhibit A; and WHEREAS, pursuant to the terms of that understanding the District passed a Resolution on May 24, 1994 which is attached hereto as Exhibit B approving the general terms of Exhibit A; and WHEREAS, pursuant to the terms of that understanding Round Rock passed a Resolution on May 26, 1994 which is attached hereto as Exhibit C approving the general terms of the agreement set forth in Exhibit A; and WHEREAS, Round Rock and the District are desirous of setting forth in a written agreement the terms and conditions to govern the provision of such temporary wholesale wastewater service to that portion of the District north of Brushy Creek currently located in Round Rock's extraterritorial jurisdiction and service areas (the "North Area "); and WHEREAS, the findings in the preamble adopted as findings of fact; and NOW, THEREFORE, in consideration of the covenants herein contained, Round Rock and agree as follows: 1 hereof are true and terms, conditions and the District hereby 93793- 10.100:005b 1.0 PROVISION OF WHOLESALE WASTEWATER SERVICE 1.1 Round Rock agrees to provide temporary wholesale wastewater service for the North Area of the District and to accept and treat all wastewater delivered by the District from the North Area to the point of entry approximately 75' west of the District's north wastewater plant. The temporary wholesale wastewater service provided by Round Rock to the North Area under this Agreement shall not exceed 100,000 gallons per day on a thirty -day (30) average basis without the prior written consent of Round Rock. 1.2 The District will pay Round Rock for transportation and treatment of the waste at a charge of $2.75/1000 gallons treated. If the District connection is made to the regional collection system prior to the installation of a meter for measurement of flow, the District will pay an amount equal to the average daily flow as measured for the same month in the preceding year until such time as a meter is installed. 1.3 The District and Round Rock 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 this Agreement. If any new connection is made during the interim period, the CRF will be that charged by the City of Round Rock by ordinance. 1.4 The District agrees that if wastewater service is curtailed within Round Rock or to other customers of the Round Rock system, Round Rock may impose a like curtailment on wholesale wastewater service delivered to the District hereunder provided, however, that Round Rock shall impose such curtailment in an equitable and nondiscriminatory fashion. Nothing herein shall be construed to prohibit Round Rock from curtailing service completely in the event of a maintenance operation or emergency for a reasonable period necessary to respond and complete such maintenance operation or effect emergency repairs. 1.5 The District shall cooperate with Round Rock during periods of emergency or required maintenance and, if necessary, shall discontinue, cycle, test, inspect, or otherwise operate and maintain its lift stations or other equipment at its expense in a manner determined by the 2 93793- 10.100:005b Director to be necessary to the safe and efficient completion of repairs or the replacement of facilities, the restoration of service, and the protection of the public health, safety, and welfare. 2.0 CONSTRUCTION AND DESIGN OF FACILITIES 2.1 All plans and specifications for delivery, or other facilities to be constructed by the District shall be subject to review and approval of Round Rock prior to commencement of construction thereof. 2.2 Plans and specifications required to be submitted to the Director for prior review and approval are required to conform to Round Rock's standard specifications and applicable federal, state and local laws, ordinances, and regulations in effect at the time of such submission or resubmission. 2.3 All costs of construction shall be borne by the District. 2.4 The District's North Wastewater Plant will be taken off line as soon as the connection is made to the regional collection system. 3.0 BILLING METHODOLOGY 3.1 For each monthly billing period, Round Rock will forward to the District a bill providing a statement of charges for wholesale wastewater service provided to the District within said monthly billing period. The District agrees to make timely payment for wholesale wastewater service provided hereunder. Payment shall be considered past due thirty (30) days from the date of receipt of each such monthly bill for wholesale wastewater service. Round Rock is hereby authorized to apply a late charge on past due payments in accordance with its policies and ordinances. 3.2 With respect to monthly billings hereunder, if payment is not received from the District by the due date, the bill shall be considered delinquent. In such event, Round Rock shall notify the District of such delinquency in writing, and if the District fails to make payment with regard to such delinquent billing within thirty (30) calendar days from the date of transmittal of such written notice of delinquency from Round Rock, then Round 3 93793- 10.100:005b 4.0 LIABILITY FOR DAMAGES AND RESPONSIBILITY FOR TREATMENT AND DISPOSAL OF WASTEWATER 5.0 ACCESS Rock may, at its discretion, terminate all obligations of Round Rock under this Agreement upon written notice thereof to the District. Liability for damages to third persons arising from the reception, transportation, delivery and disposal of all wastewater discharged hereunder shall remain with the District to the point of entry. With exception of incompatible wastes or the delivery by the District of prohibited wastes or wastewater that is corrosive or otherwise injurious to the Round Rock system or to persons or property, upon passing through the point of entry, liability for damages to third persons shall pass to Round Rock. Subject to the foregoing, Round Rock shall bear the responsibility as between the parties hereto for the proper reception, transportation, treatment, and disposal of all such wastewater received by it at points of entry, provided however, that nothing herein shall ever be construed to absolve the District of liability for damages to the Round Rock system or to third persons arising from the delivery by the District of prohibited wastes or wastewater that is corrosive or otherwise damaging to the Round Rock system or to persons or property. The District agrees to provide ingress and egress at all times to all Round Rock and District property inside the District's boundaries for Round Rock employees and agents to install, operate, inspect, test, and maintain facilities owned or maintained by Round Rock within the jurisdiction of the District or to inspect the District's facilities connected thereto. Round Rock agrees to provide ingress and egress at all times to Round Rock and District property inside Round Rock's boundaries for the District's employees and agents to install, operate, inspect, test, and maintain facilities, and read meters owned or maintained by the District in and upon the property of Round Rock. 4 93793- 10.100:005b 6.0 FORCE MAJEURE If, by reason of force majeure, either party hereto shall be rendered unable, in whole or in part, to carry out its obligations under this Agreement, the party whose performance is so affected shall give notice and the full particulars of such force majeure to the other party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed but for no longer period and 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 the public enemy, orders of any kind of the government of the United States or the State of Texas, or of any court or agency of competent jurisdiction or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or inability on the part of a party to perform due to any other causes not reasonably within the control of the party claiming such inability. 7.0 REGULATORY COMPLIANCE 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, the City of Round Rock or any other governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. Since Round Rock must comply with all Federal, State and local government requirements to obtain permits, grants and assistance for system construction, studies, etc., the District shall cooperate with Round Rock in good faith at all times to insure compliance with any such governmental requirements where non - compliance may subject Round Rock to penalties, loss of grants or other funds, or other adverse regulatory action. 5 93793- 10.100:005b 8.0 PERMANENT SERVICE 8.1 Service from Austin. The District acknowledges that Round Rock is agreeing to provide temporary wholesale service in order to allow the District time to obtain permanent wastewater treatment service from Austin. The District further acknowledges that it has already begun negotiating with Austin to obtain permanent service and that it will continue such negotiations in good faith. In the event that such negotiations are not successful and the District determines that it will be unable to contract with Austin to accept its wastewater then the District agrees to immediately notify Round Rock of such determination. 8.2 Service from Round Rock. In the event that the District and Austin are unable to agree as aforesaid, the District and Round Rock agree to negotiate in good faith for Round Rock to provide permanent service. 9.0 TERMINATION Termination upon Agreement with Austin. If the District enters into an agreement with the City of Austin for permanent service, this Agreement shall terminate upon Austin's accepting the District's wastewater for treatment. 10.0 TERM OF AGREEMENT Unless earlier terminated under the provisions hereof, the term of this Agreement shall commence as of the date of execution hereof by all parties and shall remain in effect for 180 days unless negotiations are continuing in good faith with Austin. 11.0 GENERAL PROVISIONS 11.1 Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. 6 93793- 10.100:005b By: 11.2 Amendment. This Agreement may be amended or modified only by written agreement duly authorized by the respective governing bodies of the District and Round Rock and executed by the duly authorized representative of each. 11.3 Necessary Documents and Actions. Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 11.4 Notices. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties by certified mail, postage prepaid or by hand - delivery to the address of the other party shown below: THE DISTRICT Brushy Creek Municipal Utility District Attn: General Manager 901 Great Oaks Drive Round Rock, Texas 78681 7 ROUND ROCK City of Round Rock, Texas 221 East Main Street Attn: Director of Public Works Round Rock, Texas 78664 Each party shall forward to the other within twenty -four (24) hours of the filing thereof in the Texas Natural Resources Conservation Commission a true copy of any petition, application or other instrument affecting this Agreement, whether directly or indirectly. 11.5 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. APPROVE I S TO FORM: CITY OF 'OUND ROC an L. Sheets Attorney Mayor Pro -t£M Date: 6 -9 -924 93793- 10.100:0056 By: R. Mar R D Attorney 8 BRUSHY CREEK MUNICIPAL UTILITY DISTRICT / / /1 // By: Dick Shackelfor President Date: ' 0 / T May zu. 101 Hun. Chahar Culpepper, Mayor City of Rated Rock 231 N. Main Knead Rock. Tex/. 78664 Jimmy GNffltb 16412 Posen* Dr. Muria, Tessa 78717 Dow Maytu (uipapposl The WI lewind is Intended to be Om bash, of a I.auar of Undentamdloa sod Principle teptdlis Ur Brushy Creek MUD% North %Omaha Plan If the text is yptop a, and U ?lt q aaoepodde. we will have our a ttelsiy put !t lets rise form ore resolution which ws can passe Thssdsy night. if thine is any cum about the involvement o the attorney. chop wo can pw it into a Arnim which we all agree upon. The two entities are in egresmont titan the Brushy Creek MIJD Nate %stoute Plant should bs taken uIT Una end that the acwese received al this slur should be transported sad treated within tlx: regional system. The positloas of oho two entities is scnendly as follow/. t . Thu Ormsby Crook Muotclpal Utility District desires to take ie North Wastewater pint ell' Una wd send We uwatpe currently received at that plant into We Regions] Wamwster Hyman:. '17s. North Wastewater Plant le IA very poor physical condition, and titan of taps or mess orate steel wells appdsce possible u sal tuna. Therefore. the MUD dcalrn to take the pleat off linen soon as poaible. Author; tiro MUD recognizes the berths of and the fwd for rogiatualmnion In area/ snob as mama: °olfaction and treatment, 1. 171e City of Round Rook is agreeable to this i ppwaob, panlaulady became dijab* e Isar 11r1r Atolls in the roahssyo stew of the Edwards Aquifer. which stappU1 some of the portable water for the City of Round Rock. Mc 114luwins items outline Ib. wtgoritmdlog and principles which will Inds that Preexis- t. 'Me Brushy Creek MUD wUl cotnwenuo Immediate erforts to obtain a enema with the any wr Austen w receive end treat the waxed far dell /why Crook North Seaton. The MUD will Ausreasivcly and expeditiously pursue this Contract. 2. In the Interim !km present until a aontraos with the City of Aswan Is maned. Round Roar. Atoms in allow a diversions of flows Qom We Noah Wau.arwr Plena to the toglocal ooU.edoa •armor. Thaw Inteeim %remt.nt .111 be valid for 1 to days. The City ur Avµla contr is EXHIBIT "A" ,•npueacal lu N rxtwumd w Thin that dm !}umc. If at the end of 110 doye, smelt contract is not yet execs ed. tlwn evprssantatives of Round Rook and the MUD will discuss a Reeder set nsioa of nine peslhuintry agreement, or alternatively. a longterm agreement. 3. • '17ar Krusby Croak MUD Numb Wastewater Plant will be taken off tine as soon so a physical tiu.in can be reed. to the regional utllcetton veleta. This Us will be ntada Into a lint: .hid, is sppruxtmately 75' west oldie North Wastewater Plant. This Uo-in will be made at tb. :sputtsu Cif durMUD. 4 Itltitgt for trauspstatioa and treatment of this water during Ibo Interns parted will boat eluryr of S2.15 pitons of warteweter trotted, irate diversion line Is oonneeted Lau the ruyh.nsl system before a mats is available for measurcmrnt of flews, the billing will bo tared on uu average daily flow ail measured in the urea tnnnth of 1993, �• The month for the North Wa.towuta Pleot will continuo to bo valid until the anuses with the City of Austin Is ob4ioed. At the time ruoh contract is executed. Brushy Croak MUD win e:,be any necessary steps to invalidate du: dirciwse permit for the North Wastewater Plant. rr• Kuund Rook agrees that no Capital tawvery foci (MIN) will bo uuUaoi.d for ibc exinini hcyncdas lit May 24, 19943 saved by the North Wastewater Plant, My future heron built io thix service anus will pay the appropriate CRIF w outlined in the wastewater comet to be caveut¢,1 with rho City of Austin, Many new hone is tied in during the Interim, period, the CAP will t;: ter that: mined by the City of Round heck. kittln now I am bolting fur input on the wording and layout, as well u the fart. When I gel that buck.1 will work up a Mal form which can be Prete:nut to the lirurhy Creek MUD Board of Direcurrn „u 'Tuesday night. I understated that Rood Rock will plow this on their gawk ter • nest 'I t,rrvfuy aisle. The Mille will adupt a Law of Undatmtaadhnr and Principle end submit • - that t,r Ruunt Rook for their consideration at their council moRina. rk.' noun thy fax) ifpassible arty cern:mem that yet have. sincerely . . . t'tuimwnr. W atnr/Wastewaar/plsnning Coremlpuu Brushy C'nxk MUD - BRUSHY CREEK MUNICIPAL UTILITY DISTRICT RESOLUTION NO. 940524 -1 RESOLUTION AND ORDER RELATING TO INTERIM WASTEWATER AGREEMENT WITH THE CITY OF ROUND ROCK STATE OF TEXAS COUNTY OF WILLIAMSON BRUSHY CREEK MUNICIPAL UTILITY DISTRICT § § WHEREAS, Brushy Creek Municipal Utility District ( "the District ") has a permit to operate a wastewater treatment facility for the Brushy Creek North Section as approved by the TNRCC 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 desires to disconnect its existing plant from service; and WHEREAS, the District has of Austin which may result in a utilize the planned regional facility; and 1. The findings as findings of faot. 2. The District contract with the City the Brush Creek North pursue this contract. been in negotiations with the City contract with the City of Austin to collection system and treatment 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 MUNICIPAL'U7'ILITY DISTRICT THAT: in the preamble hereof are true and adopted will commence' immediate efforts to obtain a of Austin to'receive and treat the waste for Section. The District will expeditiously 3. Until a contract with the city of Austin is signed, the District 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 for. 180 days. The City of Austin contract is expected to be executed within that time frame, If at EXHIBIT "B" 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 of Round Rock and the District will extend this preliminary agreement. However, 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's 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 charge of $2.75/1000 gallons of wastewater treated. If 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 based . 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 the discharge permit for the North Wastewater Plant. 7. The District and Round Rock would agree that no capital recovery fees (CRP'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. BRUSHY CREEk MUNICIPAL • DISTRICT . 1 Presiden Board of "Directors RESOLUTION NO ,' `/ `/ . D5. a /a . /OR WHEREAS, 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 WHEREAS, the District is currently negotiating with the City of Austin to utilize the planned regional collocation 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, Our 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 _CHARLES CULPEPP Mayor City of Round RO , Texas EXHIBIT "C" n.� • ATTEST; LAND, City Secretary 2 . May 2U. IWJ4 Hun. Churltm Culpepper; Mayer City of Round Rock 221 b. Main Round Rock. 'texas 78664 Jimmy Griffith 16122 poems Dr. Austin. Texas 78717 I7t,tr Mayor Culpepper: The following is intended to be the basis of a Letter of Underauadha sod Principle regarding des ])rushy (;reek MUD North Weatewater Platt. If the text is appropriate, and If It it ercaptablo. wt: will have our attorney put it into the form of a hmsoluUoa which we con pass on Tuesday night. If then is uny noncom shout the involvement of the attorney. than wo can put it into a Ibrmat which we all agree upon. The two entities an in agreement that the Brushy Creek MUD North Was►twatar Not Should be tuAca ot'f •line and that the sewage rsewived to tds slur should be transported and treated within d.: rational aysteid The positions of We two entitles is generally cc follows. 1. Tho Urseby Crook Municipal Utility District desires to lake its North Wastewater Plant up' Um haul send she awes. currently received at that plant into !be Regional Wastewater .Syaaau. Th. North Wattmeter Plant is in very poor physical condition, and titlltrrs *Sono or mum di the staid walla appears passible in any time. T1terefure. the MUD desires to take the plant off line as soon as possible. Mother, the MUD recd nit ere the booths of and tie need for regirttuliznriun In areas such u wastewater collection and tmatmant, 3. The City of Round Rock is agreeable to thin approach. pardeld** beam disarm from shill plant is la the rockarge ate of the Edwards Aquifer. which supplies same of the potable weer for the City or Round Rock. rlw following items outline the understanding and principles which will guide title pmecIs. 1. 'flw liruehy Creek MUD will commence immediate afforts to obtains coat= with Use Coy of Austin to receive anti treat the waste for the't3rushy Creek North Sadao. The MUD will •wnnxssivcly and expedtnoualy pursue this contract. Z. In lhu interim front present until a aontrsot with the City of Austin U signed. Bound Rock egroes to allow a divertions of flows trod1 the North Wastewater pleat to the roglonsl collection systunt. This intorim agreement will be valid for 1 s6 days. The City of Austin connect Is • vxpucrtal to N exmwted within Mat time tlumc. !fat the and of 180 dare, such contract is nut yet ematui d. tlwn rupreseatatives of Round Rock and the MUD will discuss a Author artooaion of tint praiiat(aary sytoentant, or sitemgtively. a longde nt agreement. 3. • 'liw Brushy Crook MUD North Wastewater Plant will be adorn strain as soon as a pl,y.i41 seeds can be nude to the regional collection :quern. This Us will be made late it lint which lc sppruxfmatoly 7S. wotl of the North Wwwwywr Plant. This no-in will b• made at Itw spcnso of t MUD. 4 Billing for transportation and treatment of this wart* during tho Interim porlad will bo at ciwry rs .75/1 gallons of wastewater treated. UM/ diversion fine k connected kuu the r,:itir•ncd nyswm baste u meter is available for measurement of the billlag Will be based on uo avaraec daily flour as measurod in btu same month of 1993. 5. The permit ihr the North Wust*wutcr Plant wilt continue to bo valid until the camel with do Cily of Arran» Is obtst iocd, At the limo such convect it executed, Brushy Cock MUU will ta.c any sec ossary steps to Invalidate the disc/ta r: permit for the North Wastewater ?Itot. A. Round Rook agn*s then no capital rueovery fees (CRI't) wil I b* u*Uooiod (=the *storing Ixvrn si w nt' Muy 24, 1990 served by the North Wastewater Plant, Any futuro home/ built in this „crviw uw will pay tha appropriate CRIt as outlined in the waltewsta r centrist to be erttuIal with the City of Austin. Massy new hosts is tied in during the !semen period, the CRP will he us duterminod by the City of Round Rock. Icit:ln now 1:un looking fur Input on tho wording and layout. as well Y the form. When I gat that 000..1 will work up a llnal Conn which can be presented to the Brushy Crock MUD Board of 11iructnoc uu 'Tuesday night. 1 undctstand that Round Rock will pluco stein on their as onda for • nest 'I bnusday night. Tha MU1) will adopt Lem atUndatawnding and Principles and submit - - that to hound Rook for their consideration as their council meeting. I•le.uw return tby fax) ifposalble nay Wmmenu that you have. sincerely Minor rylfd c'hainusn, Wator/Weatawater/Plannittg Commhkos Homily t.'n;ok MUD DATE: June 7, 1994 SUBJECT: City Council Meeting, June 9, 1994 ITEM: 9.C. Consider a resolution authorizing the Mayor to execute an agreement with Brushy Creek MUD for interim wastewater treatment service. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: The Council previously approved a Letter of Intent with Brushy Creek MUD at the last meeting. This agreement incorporates the terms of the Letter of Intent. Staff recommends approval. R. Mark Dietz Melissa Grant Dietz J. Lee Jarrard, Jr. Dear Mr. Sheets: RMD /ca 93793 -10 Enclosure cc: John Adams Dick Shackelford DIETZ & ASSOCIATES, P.C. Attorneys at Law 1111 North IH -35, Suite 202 Round Rock, Texas 78664 512(244 -9314 Fax 512/244 -3766 Mr. Stephan L. Sheets Stephan L. Sheets & Assoc., P.C. 309 E. Main Street Round Rock, Texas 78664 June 9, 1994 Re: Agreement For Temporary Wholesale Wastewater Service Between City of Round Rock and Brushy Creek MUD Please find enclosed the final contract regarding the above referenced matter which includes your requested changes. Sincerely yours, e4 R. Mark Dietz - 3 Hand Delivery Or Counsel Davis Grant Robert M. Sumners June 14, 1994 BRUSHY t CREEK Municipal utility District 901 Great Oaks Drive • Round Rock, Texas 78681 - 2506 (512) 255-7871 Mr. Steve Sheets Sheets & Associates 309 East Main Round Rock, Texas 78664 r RECEIVED JUN 2 0 1994 Re: AGREEMENT FOR TEMPORARY WHOLESALE WASTEWATER SERVICE BETWEEN CITY OF ROUND ROCK AND BRUSHY CREEK MUNICIPAL UTILITY DISTRICT Dear Mr. Sheets, Yours very truly, m o P. Adams General Manager cc: Mark Dietz w/o /Bob Bennett Enclosed are two (2) copies of subject agreement, fully executed by the District. Please approve as provided on Page number 7 and return one (1) fully executed copy to this office. Let me know whether you have any questions or need additional information. ;$