R-94-07-28-10C - 7/28/1994to set forth the terms and conditions for the design, construction,
operation and maintenance of a regional wastewater transportation
and treatment system ( "the System "); and
WHEREAS, pursuant to the terms of the Wastewater Disposal
Agreement, the WCID has been the manager and operator of the System
for the benefit of Austin and Round Rock; and
WHEREAS, Austin, Round Rock, and the WCID have determined
that, due to the earlier withdrawal of all participants except
Austin and Round Rock and the consequent downscaling of the
proposed System to serve only Austin and Round Rock and their
respective customers, the further participation of the WCID as
manager and operator is no longer required and that the
construction, operation and maintenance of the System can be
efficiently conducted as a joint endeavor of Austin and Round Rock;
and
RESOLUTION NO. R= 07 - 0 / -0U 'J
WHEREAS, on April 11, 1988 the Brushy Creek Water Control and
Improvement District No. 1 of Williamson and Milam Counties,
( "WCID "), the City of Austin ( "Austin ") and the City of Round Rock
( "Round Rock ") entered into a certain Wastewater Disposal
Agreement, which was subsequently amended (said Wastewater Disposal
Agreement and all amendments thereto are hereinafter collectively
referred to as the ( "Wastewater Disposal Agreement "); and
WHEREAS, the purpose of the Wastewater Disposal Agreement was
RS /RESOLUTION
RS40728C
WHEREAS, staff representatives of Austin, Round Rock and the
WCID have negotiated an Agreement for Termination of Brushy Creek
Regional Wastewater Disposal Agreement which provides for the
termination of the Wastewater Disposal Agreement and for transfer
of all Regional System Assets and Regional System Obligations to
Austin and Round Rock; and
WHEREAS, the City Council wishes to approve said Agreement
for Termination, 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 Agreement for Termination of Brushy Creek
Regional Wastewater Disposal Agreement, a copy of said Agreement
for Termination being attached hereto and incorporated herein for
all purposes.
RESOLVED this 28th day of July, 1994.
ATTEST:
E LAND, City Secretary
2.
CHARLES CULP' PP;"', Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
TERMINATION AOREENENT
Page - -1
,e- 9L- a7 -,2F- /oC
AGREEMENT FOR TERMINATION OF BRUSHY CREEK REGIONAL
WASTEWATER DISPOSAL AGREEMENT
THIS Agreement For Termination of Brushy Creek Regional Wastewater Disposal Agreement
( "Agreement ") is made and entered into by and between the City of Austin, a Texas home rule municipal
corporation ( "Austin "), the City of Round Rock, a Texas home rule municipal corporation ("Round
Rock "), and the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam
Counties, a water control and improvement district created and operating pursuant to the provisions of
Article 16, Section 59 of the Texas Constitution and V.T.C.A. Water Code, Chapter 51 ( "the WCID").
WHEREAS, the WCID was created by order of the Texas State Board of Water Engineers (now
the "Texas Natural Resource Conservation Commission," hereinafter, "the Commission ") dated
November 1, 1956, which creation was confirmed by an election held within the WCID on January 8,
1957, and validated by Acts 1957, 55th Legislature, Regular Session, Chapter 341, Page 807, as amended
by Acts, 1957, 55th Legislature, Second Called Session, Chapter 10, Page 166; and
WHEREAS, in December 1985, the WCID, Austin, Round Rock, Williamson County Municipal
Utility District No. 2 and Williamson County Municipal Utility District No. 3 entered into an agreement
("the 1985 Agreement ") setting forth terms and conditions for design, construction, operation and
maintenance of a regional wastewater transportation and treatment system ("the System ") intended to
provide wastewater collection and treatment services for the participants thereunder and their respective
customers in a large area of Williamson County in the Brushy Creek Watershed; and
WHEREAS, Williamson County Municipal Utility District No. 2 later withdrew from
participation under the 1985 Agreement and the 1985 Agreement subsequently expired of its own terms;
and
WHEREAS, on or about April 11, 1988, Austin, Round Rock and the WCID entered into a
certain Wastewater Disposal Agreement, which was subsequently amended by Amendment No. 1 to the
Wastewater Disposal Agreement, (said Wastewater Disposal Agreement and all amendments thereto are
hereinafter collectively referred to as the "Wastewater Disposal Agreement ") setting forth terms and
conditions and reaffirming the desire of said parties to participate in the financing, construction, operation
and maintenance of a downscaled version of the System and intended to provide wastewater transportation
and treatment services for the Brushy Creek Watershed within the respective corporate limits and /or
extraterritorial jurisdictions of Austin and Round Rock; and
WHEREAS, under the Wastewater Disposal Agreement, the cost of constructing the System is
borne completely by Austin and Round Rock with the WCID acting as manager and operator for the
construction, operation and maintenance of the System on behalf of Austin and Round Rock; and
WHEREAS, pursuant to the Wastewater Disposal Agreement, the WCID has commenced its
responsibilities as manager and operator of the System for the benefit of Austin and Round Rock ; and
<<.pa -13
July a,1994
WHEREAS, pursuant to the Wastewater Disposal Agreement, the WCID has acquired in its name
for the benefit and at the expense of Austin and Round Rock, engineering studies of the System, and a
wastewater discharge permit as well as portions of the wastewater collection and transportation
components of the System; and
WHEREAS, in addition to facilities and property rights acquired by or transferred to the WCID
for the benefit of the remaining participants, Austin and Round Rock have provided the WCID with funds
for use in the construction, operation and maintenance of the System; and
WHEREAS, an inventory of all property, real, personal and mixed, constituting the System or
held in the name of the WCID for the benefit of the two remaining participants in the System is attached
hereto as Exhibit "A" and made a part hereof for all purposes; and
WHEREAS, a schedule of regional system obligations ( "Regional System Obligations ") including,
without (imitation, obligations of the WCID arising under contracts entered into by and between the
WCID and third persons pursuant to the Wastewater Disposal Agreement or this Agreement is attached
hereto as Exhibit "B" and made a part hereof for all purposes; and
WHEREAS, Austin, Round Rock, and the WCID have determined that, due to the earlier
withdrawal of all participants except Austin and Round Rock and the consequent downscaling of the
proposed System to serve only Austin and Round Rock and their respective customers, the further
participation of the WCID as manager and operator is no longer required and that the construction,
operation and maintenance of the System can be efficiently conducted as a joint endeavor of Austin and
Round Rock; and
WHEREAS, Austin and Round Rock intend to enter into an interlocal agreement for joint
financing, construction, operation, maintenance and administration of the System as a joint endeavor of
Austin and Round Rock, which interlocal agreement shall become effective upon termination of the
Wastewater Disposal Agreement; and
WHEREAS, Austin, Round Rock and the WCID desire to set forth in writing the agreed terms
and conditions for termination of the Wastewater Disposal Agreement and for transfer of all Regional
System Assets (as defined in §1.05(h) below) and Regional System Obligations to Austin and Round
Rock;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Austin, Round Rock and the WCID agree as follows:
I.
AGREED PROCEDURE FOR TERMINATION
OF WASTEWATER DISPOSAL AGREEMENT.
1.01 Termination of Wastewater Disposal Agreement. Except as provided in §1.08, Austin,
Round Rock and the WCID agree that the Wastewater Disposal Agreement, shall be terminated and that
the Regional System Assets and Regional System Obligations shall be transferred to Austin and Round
Rock in accordance with the provisions of this Agreement.
TERMINATION AGREEMENT
Page - -2
1.02 Effective Date of Termination. Termination of the Wastewater Disposal Agreement shall
be effective upon the date that the authorized representatives of the WCID, Austin and Round Rock
certify in writing that all conditions precedent to termination described in §1.05 below are completed
("the Termination Date "). For purposes of this Agreement, the authorized representatives of Austin and
Round Rock shall be their respective City Managers or their designee and the authorized representative
of the WCID shall be the President of the Board of Directors or his designee. '
1.03 No Further Acquisition. Transfer or Hypothecation of Regional System Assets During
She Contract Period. For the period following the date of execution of this Agreement but prior to the
Termination Date, no additional Regional System Assets will be acquired and no existing Regional System
Assets shall be sold, assigned, transferred, pledged or otherwise hypothecated without the prior written
consent of Austin and Round Rock through their authorized representatives, except for the acquisition
and use of funds and other assets in the ordinary course of operation and management of the System.
1.04 No Additional Regional System Contracts Without Specific Authorization During Contract
Period. Except for items presently budgeted or for the accomplishment of matters required to be
undertaken pursuant to this Agreement, no additional contracts resulting in the expenditure in excess of
$2,000.00 will be entered into by and between the WCID and any third person(s) without the prior
written consent of Austin and Round Rock through their authorized representatives.
1.05 Conditions Precedent to Termination. Austin, Round Rock and the WCID agree that
written certification of the completion of all of the following matters shall be a condition precedent to
termination of the Wastewater Disposal Agreement:
(a) Proceedings Regarding System Records. On or before the Termination Date, the WCID
shall cause to be delivered to Austin and Round Rock the originals of all files, records
and documents in the custody and control of the WCID pertaining to the System ("the
Regional System Documents "; (The WCID may make copies of any or all of such
Regional System Documents to retain for its records, the cost of said copies being an
expense contemplated within subparagraph (e) below; and further, the WCID may keep
up to four (4) filing cabinets to store said copies.)
(b) Transfer of Wastewater Disposal Permit. Within thirty (30) days from the date of
execution hereof, the WCID shall initiate proceedings in the Commission for transfer of
TNRCC Wastewater Discharge Permit No. 13057 -01 to Austin and Round Rock; the
WCID shall diligently prosecute said proceedings to complete the transfer of the
Discharge Permit;
(c) Termination of Contract for Lift Station and Line Maintenance. On or before the
Termination Date, the WCID shall terminate or assign to Austin its existing contractual
relationship with Eco Resources, Inc. for maintenance of the Onion Branch Lift Station.
From and after such termination or assignment, Austin shall be responsible for
maintenance and operation of the Onion Branch Lift Station. From and after the
Termination Date, Round Rock and Austin shall be responsible for the maintenance and
operation of all other System facilities;
TERMINATION AGREEMENT
Page - -3
(f)
(g)
(h)
TERMINATION AGREEMENT
Page - -4
(d) Termination of District Utility Service Accounts for Onion Branch Lift Station. On or
before the Termination Date, Austin shall cause the initiation of electric, telephone and
other utility service for the Onion Branch Lift Station to be placed in the name of Austin
and upon the initiation of such service in the name of Austin, the WCID will cause the
termination of electric, telephone and other utility service accounts for the Onion Branch
Lift Station currently held in the name of the WCID;
(e) Expenses for District Legal. Accounting and Other Expenses Incurred in Association
With Termination. Austin and Round Rock understand that the termination of the
Wastewater Disposal Agreement will result in unbudgeted reasonable expenses for legal,
accounting and other services, the cost of which will be shared equally by Austin and
Round Rock. Austin and Round Rock hereby agree to provide $10,000.00 each for
deposit to the System Construction Account with the total sum of $20,000.00 so derived
to be used for such reasonable expenses, which sums will be funded to the WCID in
advance upon request. If it appears that said reasonable termination expenditures will
exceed $20,000.00, the WCID may request additional funds from Austin and Round
Rock. The balance left upon termination, if any, shall be refunded in equal shares to
Austin and Round Rock. All such expenses that have been incurred or contracted for, but
not completed or billed or paid by the Termination Date may, with the approval of the
authorized representatives of Austin and Round Rock, be included as Regional System
Obligations and assumed by Round Rock and Austin pursuant to Section 1.05(i);
Delivery and Distribution of Furniture. Equipment and Supplies. Within thirty (30) days
from the execution hereof, Austin and Round Rock, through their authorized
representatives, shall prepare and deliver to the WCID a plan for delivery and
distribution of all furniture, equipment, and supplies now in the possession of the WCID
to Austin and Round Rock which plan shall make provision for the proposed distribution
and for transportation and delivery of same to Austin and Round Rock on or before the
Termination Date;
Transfer of Easements and Other Interests in Real Estate Acquired for the System. On
or before the Termination Date, the WCID shall prepare, execute and deliver to Austin
and Round Rock an appropriate assignment or other instrument transferring to Austin and
Round Rock all easements and other interests in land acquired by the WCID for the
System, provided that such assignment or transfer shall in no way affect other easements
or rights held by the WCID not connected directly with the System. Prior to such
transfer, Austin and Round Rock, through their authorized representatives, shall notify
the WCID in writing of any agreed division of such Regional System Assets. The form
and content of the assignment or other instrument of transfer shall be subject to review
and approval by Austin and Round Rock, through their authorized representatives, which
approval shall not be unreasonably withheld;
Transfer of All Other Regional System Assets. On or before the Termination Date, the
WCID shall prepare, execute and deliver to Austin and Round Rock a Bill of Sale and
Quitclaim transferring to Austin and Round Rockall Regional System Assets save and
except those easements and interests in land separately transferred as above stated. Prior
to such transfer, Austin and Round Rock, through their authorized representatives, shall
(i)
notify the WCID in writing of any agreed division of such Regional System Assets. The
transfer evidenced by the Bill of Sale and Quitclaim shall be effective upon the
Termination Date; the form and content of the Bill of Sale shall be subject to review and
approval by Austin and Round Rock, through their authorized representatives, which
approval shall not be unreasonably withheld; For purposes of this Agreement, the term
"Regional System Assets" shall mean, without limitation, all physical and intangible
assets constituting the System or used for construction, operation and maintenance of the
System such as all equipment, wastewater collection lines, lift stations and other
equipment, futures, buildings, supplies, inventory, warehouses, and appurtenances
acquired for construction, operation and maintenance of the System; all easements and
other interests in real estate acquired for construction, operation or maintenance of the
System or any component thereof; all engineering studies and reports, plans and
specifications for System components; all bank accounts, receivables, policies of
insurance, and all other contract rights, permits, consents, authorizations or other
intangibles acquired or entered into by virtue of the Wastewater Disposal Agreement and
which are reasonably necessary or incidental to the design, construction, operation,
maintenance and administration of the System;
Transfer and Acceptance of Regional System Obligations. On or before the Termination
Date, Austin and Round Rock shall execute and deliver to the WCID an agreement of
assumption of all Regional System Obligations of the WCID; the form and content of the
instrument of assumption shall be subject to the review and approval of the WCID, which
approval shall not be unreasonably withheld;
(j) Termination of Interim Wastewater Disposal Agreement. On or before the Termination
Date, the parties agree to execute and deliver documents evidencing the termination of
that certain "Interim Wastewater Disposal Agreement" dated January 30, 1989; and
Payment to WCID for Agreed Termination. Transfer of Assets and Settlement of Claims.
In consideration for the agreed termination of the Wastewater Disposal Agreement as
requested by Austin and Round Rock, the transfer to Austin and Round Rock of all
Regional System Assets and Regional System Obligations in accordance with this
Agreement and the full and final settlement and release of all claims arising under the
Wastewater Disposal Agreement, Austin and Round Rock agree to pay to the WCID on
or before the Termination Date the sum of Ninety -two Thousand Five Hundred Ninety-
eight Dollars ($92,598.00), one -half to be paid by Austin and one -half to be paid by
Round Rock.
(k)
1.06 Regional Designation. Within thirty (30) days from the date of execution hereof, the WCID
shall initiate proceedings in the Commission for the designation of Austin and Round Rock as the regional
provider of wastewater services for the corporate limits of Austin and Round Rock and those portions
of the extraterritorial jurisdiction of Austin and Round Rock located in the Brushy Creek Watershed, with
the understanding that the WCID shall retain its designation as the regional provider of wastewater
services within its area and outside the extraterritorial jurisdictions of Austin and Round Rock. Austin
and Round Rock agree to cooperate with the WCID in such designations.
TERMINATION AGREEMENT
Page - -5
1.07 Mutual Release. Upon the written certification by the authorized representatives of Austin,
Round Rock and the WCID that all conditions precedent to termination described above have been fully
performed according to the terms of this Agreement, the parties mutually agree and do hereby release
and forever discharge one another and their respective officers, employees, agents, representatives,
successors and assigns of and from any and all obligations (except as provided in Section 1.08), claims,
demands, suits, or causes of action among one another of whatever kind or nature, at law or in equity,
whether now known or not known, that now exist or could arise, directly or indirectly, under, by virtue
of, or in connection with the Wastewater Disposal Agreement or any resolution, or other official actions
of the parties, their respective officers, employees, agents, representatives, successors, and assigns
regarding the Wastewater Disposal Agreement.
1.08. Liability for "Operation and Maintenance Expense." Austin and Round Rock shall remain
responsible for the payment of any Operation and Maintenance Expense as defined in Section 1.01(cc)
of the Wastewater Disposal Agreement. Notwithstanding the above, Austin and Round Rock shall not be
required to pay the cost of liability insurance for the WCID and its directors and employees nor any
management fee after the Termination Date. The foregoing obligation shall be subject to the following:
(a) The WCID shall promptly provide Austin and Round Rock with written notice of any
claim for payment of Operation and Maintenance Expense, and Austin and Round Rock
shall have the right to contest the validity of any such claim, and;
(b) Austin and Round Rock shall have the right to select legal counsel for the defense of such
claims subject to the right of the WCID to review and approve the same, which approval
shall not be unreasonably withheld or delayed;
(c) Austin and Round Rock shall have the right and authority to determine, plead and bring
forward in the defense of any such claim any and all pleadings, motions, defenses,
counterclaims, appeals or other legal actions or remedies that Austin and Round Rock
shall deem necessary or advisable;
(d) The WCID shall cooperate with Austin and Round Rock in all aspects of the defense of
such claims;
(e) Austin and Round Rock shall have the full power and authority to prosecute and defend
the litigation, settle the litigation, appeal any judgment or order, and otherwise pursue
the litigation as Austin and Round Rock may elect, it being understood that Austin and
Round Rock shall bear the entire cost of the litigation, settlement or judgment so
determined or incurred;
(f) The WCID, agrees to obtain the written consent of Austin and Round Rock prior to
undertaking any action that may adversely affect the cost or potential outcome of the
litigation; and
(g)
TERMINATION AGREEMENT
Page - -6
The obligation to pay Operation and Maintenance Expense set forth herein shall not apply
to any litigation brought by Austin and Round Rock against the WCID to enforce the
terms of this Agreement.
TERMINATION AGREEMENT
Page - -7
1.09 Final Bill. Austin and Round Rock agree that the final bill for wastewater treatment services
due from Austin for the period of time prior to the Termination Date and the date of the last previous
bill, shall be sent by Round Rock directly to Austin and Austin shall pay the amount due directly to
Round Rock. The WCID shall have no obligation with respect to the aforesaid final billing for wastewater
treatment services.
1.10 Audit. On or before the Termination Date, the District shall order an audit of the finances
of the System from the date of the last audit of the WCID up to the Termination Date. The audit will be
performed in accordance with generally accepted accounting standards by an independent accounting firm
approved by the WCID, Austin and Round Rock. Upon completion thereof, a true copy of the audit shall
be provided by the WCID to Austin and Round Rock.
II.
TERMINATION OF THIS AGREEMENT
This Agreement shall terminate and be of no further force and effect if not completed
one year from the date hereof.
III.
GENERAL PROVISIONS
The following general provisions shall apply to this Agreement:
(a) Cooperation. The parties agree to cooperate with each other in good faith at all times to effectuate
the purposes and intent of this Agreement.
(b) Payment From Current Revenues. Payment for obligations arising hereunder shall be from
current revenues or other funds of the obligor lawfully available for this purpose.
(c) Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
all prior and contemporaneous understandings or representations, whether oral or written,
respecting the subject matter hereof.
(d) Severability. If any section of this Agreement is declared invalid for any reason, the invalidity
of that section shall not affect the validity of any other section of this Agreement, and all other
sections shall remain in full force and effect.
(e) Amendments. Any amendment hereof must be in writing and signed by the authorized
representative for all parties.
(f) No Modification of Other Agreements. Except as expressly set forth herein, this Agreement shall
not be construed to breach, modify, supplement or otherwise alter the provisions of any other
agreement entered into by and between Austin and Round Rock or Austin, Round Rock and the
District or any agreement between any of said parties and third person(s).
(g)
(
(m)
Applicable Law. This Agreement shall be construed under and in accordance with the laws of the
State of Texas.
(h) Other Instruments. Actions. The parties hereto agree that they will take such other and further
actions and execute and deliver such other and further consents, authorizations, instruments or
documents as are necessary or incidental to effectuate the purposes of this Agreement.
(i) No Third Party Beneficiaries. Except as expressly provided above, nothing herein shall ever be
construed to confer upon any person other than the parties hereto any rights, benefits or remedies
under or by reason of this Agreement.
(j) No Joint Venture. Partnership. Agency. This Agreement shall not be construed in any form or
manner to establish a partnership, joint venture or agency, express or implied, nor any employer
employee or borrowed servant relationship by and among the parties hereto.
Force Majeure. If, by reason of Force Majeure (as hereinafter defined), any party shall be
rendered wholly or partially unable to carry out its obligations under this Agreement, then such
party shall give written notice of the particulars of such Force Majeure to the other party or
parties within a reasonable time after the occurrence thereof. The obligations of the party giving
such notice, to the extent affected by such Force Majeure, shall be suspended during the
continuance of the inability claimed and for no longer period, and any such party shall in good
faith exercise its best efforts to remove or overcome such inability. The term "Force Majeure"
as utilized herein shall mean and refer to acts of God; strikes lockouts or other industrial
disturbances; acts of public enemies; orders of any kind of the government of the United States,
the State of Texas, or any other civil or military authority; insurrections; riots; epidemics;
landslides; earthquakes; lightning; fires; hurricanes, storms, floods, washouts, droughts or other
natural disasters; arrests; restraint of government and people; civil disturbances; explosions;
breakage or accidents to machinery, pipelines or canals; or other causes not reasonably within
the control of the party claiming such inability.
Venue. Venue for any suit arising hereunder shall be in Williamson County.
Duplicate Originals. This Agreement may be executed simultaneously in duplicate originals each
of equal dignity.
(k)
(n) Effective Date. This Agreement shall be effective from and after the date of due execution hereof
by the authorized representatives of Austin, Round Rock and the District.
IN WITNESS WHEREOF, the authorized representatives of the parties have executed this
Agreement for
TERMINATION AGREEMENT
Page - -8
Termination of Brushy Creek Regional Wastewater Disposal Agreement on the date(s) set forth below.
ATTEST:
BY� �9 Name:
James E. Aldridge
Title:
Date:
APPROVED AS TO FORM:
ATTEST:
By:
ATTEST:
City Clerk
ssistant City Attorney
APPROVED AS TO FORM:
i A„./-\
Stephan { . Sheets, City Attorney
oanne Land
City Secretary
By d Xj/� 0/4 S� etary
TERMINATION AGREEMENT
Page - -9
CITY OF AUSTIN:
CITY OF •
Name:
Y7C
Charles Culpeppe
strator for Dev. Services
Date: / 0 ' `7 `7
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES:
Title: Vice President
Date: O _ \q q�'
APPROVED AS TO FORM:
es, General Counsel
THE STATE OF TEXAS )
COUNTY OF TRAVIS
AG EME w• acknowledged before me on thi2'day of 1994 by
�.. f , „ f the City of Austin, Texas, a mun ipal corporation,
on beh f of
sat
r +'� LUCLLE MOKRY
I. MY COMMISSION WIRES
4�\ April 18,1897
THE STATE OF TEXAS
municipal corporation.
COUNTY OF WILLIAMSON )
THIS AGREEMENT was acknowledged before me on this o 8 a y of
Charles Culpepper, Mayor of the City of Round Rock, Texas, a ��municipal co
municipal corporation. aith�.. &61 -lC/E
THE STATE OF TEXAS
COUNTY OF WILLIAMSON )
TERMINATION AGREEMENT
Page - -10
Notary Public, State of Texas U
Typed/Printed Name of Notary
My Commission Expires:
, 1994 by
n behalf of said
L Public, State f Texas
IST /AE t /)A P /V62 /Printed
Name of Notary 8-5-9 My Commission Expires: - 7
THIS AGREEMENT w acknowledged before me on this
in
t( t., of - k ¢�, 1994 by
o Ser l , \f ‘c.s re 5\ ` Lntof the Brushy Creek Water Conttbl and Improvement
District No. 1 of Williamson and Milam Counties, a conservation and reclamation district, on behalf of
said district.
JAMES S. MILES
Notary public, State of Texas
My Commission Expires
DEC. 31, 1996
TERMINATION AGREEMENT
Page - -11
Public, State of Texas
Typed /Printed Name of Notary
My Commission Expires:12 -9 l
-'3
Sub n. law
TERMINATION AGREEMENT
Page - -12
EXIIIBIT "A"
(INVENTORY OF SYSTEM ASSETS)
TERMINATION AGREEMENT
Page - -13
EXHIBIT "B"
(Regional System Obligations)
1Lp 7.1994 13
r
July 27. 199,
CONTRACT NO. 4:
AGREEMENT FOR TERMINATION OF BRUSHY CREEK REGIONAL
WASTEWATER DISPOSAL AGREEMENT
BANK ACCOUNTS AT CITY NATIONAL BANK - TAYLOR, TEXAS
Regional Project Fund - Account # 0001006485
City of Round Rock Construction Fund - Account # 0004259073
City of Austin Construction Fund - Account # 0004259065
Regional Operating Account - Account # 0001006493
Regional Money Market Account - Account # 0004259057
REGIONAL WASTEWATER SYSTEM
This Contract consists of Onion Branch Lift Station, related appurtenances, easements, access road, 12"
force main leaving the lift station, and 227 feet portion of 16" force main described in the Engineering
Report.
CONTRACT NO. 5 -PHASE I•
This contract consists of the following facilities:
Approximately 3,055 lineal feet of 16" force main and associated easements beginning at the end of
Contract No. 4 as described in the Engineering Report.
Approximately 1,258 lineal feet of 24" wastewater line and associated easements starting at a manhole
of a City of Round Rock's 27" (also known as the Onion Creek Interceptor) wastewater line on the
southern right of way of Woods Boulevard in the City of Round Rock as described in the Engineering
Report.
CONTRACT NO. 5 -PHASE II:
EXHIBIT A
This contract consists of approximately 7,348 lineal feet of 24" wastewater line and associated easements
beginning at the upstream manhole of Contract 5 - Phase I as described in the Engineering Report.
1
CONTRACT NO. 6A:
This contract consists of approximately 9,860 lineal feet of 60" wastewater line and associated easements
beginning at the lift station of the Regional Wastewater Treatment Plant Site as described in the
Engineering Report.
CONTRACT NO. 9:
This contract consists of approximately 4,000 lineal feet of 36" wastewater line and associated easements
beginning at the upper most manhole of the 60" line of Contract No. 6a as described in the Engineering
Report.
MISCELLANEOUS
Account receivable from Austin on Onion Branch Lift Station.
Property insurance policy on Onion Branch Lift Station (including boiler and machinery) policy to be
terminated.
TNRCC Wastewater Disposal Permit No. 13057 -01.
2
EXHIBIT A
BRUSHY CREEK WCID No. 1
Inventory of Regional Easement Res and Status
PARCEL NO. /OWNER PE AREA STATUS ACTUAL COST CONTRACT COMMENTS
CONTRACT #1 (EHA)
01 -32 Home Savings & Loan 0.33 + arrres XD Donation N Recorded Vol. 1619 Page 265
Assoc. of Lufkin, TX
01 -33 Charles Neeham Avery, 0.98 + access S $85,000 Y Unrecorded contract - will need to
Jr., et al be renegotiated prior to closing
01 -34 Terry Lamar Robinson 1.05 + access X $16,500 Y Recorded Vol. 1619 Page 272
01 -35 Charles Needham Avery, 0.91 + access S Combined Y See 01 -33
Jr., et al w/ 01 -33
01 -36 Randy Morine Dev., Inc. 0.41 + access X $ 8,681 N Recorded Vol. 1619 Page 282
01 -37 Charles Needham Avery, 1.27 S Combined Y See 01 -33
Jr., et al w/ 01 -33
CONTRACT #2 (EHA)
02 -38 Will Wilson, et ux 0 $ - - - Condemnation filed & withdrawn.
ISM has court related documents
02 -38A City of Cedar Park O $ - - - Cedar Park purchase 117 acres out
of Parcel 02-38 in November 1987
02 -39 Charles Needham Avery, 1.92 + ar s S Combined Y Sea 01 -33
Jr., et al w/ 01 -33
CONTRACT #3 (EHA)
03-46 E. J. Walsh III, et al 0.05 XD Donation N Recorded Vol. 1919 Page 296
03-47 Bill Milburn Temp Esmnt XD Donation N Recorded Vol. 1919 Page 304
03-48 Bill Milburn Temp Esmnt XD Donation N See 03-47
3
03-49 Wmson. Co. MUD in
PARCEL NO./OWNER
03 -50 Hy -Land J.V.
03 -51 Williamson County
CONTRACT #4 (EHA)
04-75 Bear Creek Joint Venture
04-76 Bear Creek Joint Venture
04-80 Richard & Joy Smith
04-81 Cecil & Sally Fisher
04-82 Michael & Susan Owens unknown
CONTRACT #5 (EHA)
05-40 The Woods Section Two
05 -41 Edgar E. Hoppe
05 -77 Bear Creek Joint Venture
05 -42 Leon E. Behrens
05-43 Leroy & Ruth Lange and 1.04
Harold & Arline Rasmussen
05-44 Leon E. Behrens
Temp Esmnt XD Donation N
PE AREA STATUS ACTUAL COST CONTRACT COMMENTS
Temp Esmnt XD Donation N
2.724 XD Donation N
5381 ft.
0.23
0.12
0.37
0.81
0.26
2.30
MX
MX
0
X
MX
X
X
X
$40,000
Combined
w/ 04-75
$
$ 5,800
Combined
w/ 04-75
$ 1,575
$10,000
$23,420
4
N Condemned by Fern Bluff & Milburn.
Recorded Vol. 1531 Page 60 & Vol. 1643 Page 415
N
N
N
N
Y
Y
Y
Recorded Vol. 1919 Page 308
Recorded Vol. 1919 Page 313
Recorded Vol. 32 Page 386
of Commissioner's Court Records
See 04-75
Temp. easement - no longer needed
Temp. easement - no longer needed
OBLS permanent access
Not needed
Recorded Vol. 1619 Page 316
Recorded Vol. 1619 Page 322
Recorded Vol. 1619 Page 330
Closed by Milburn - Recorded Vol. 1457 Page 453
See 04-75
PARCEL NO. /OWNER
CONTRACT #6 (EHA)
06 -19 Bill Nations, Trustee
06 -20 Brushy Creek Apts., Ltd.
06 -21 Franklin Savings Assoc.
06 -22 Robert Clark Estate, et al
06 -23 Billy C. Davis, et ux
06 -24 First Gibraltar Bank
06 -25 Erwin W. Meiske, et ux
06 -26 J. D. Knox
06 -27 Phillip W. Warner, et ux
06 -28 Virg S. Rabb, et ux
06 -29 Virg S. Rabb, et ux
06 -30 Lucile E. Hudson
08 -105
Union Pacific RR
06 -31 William R. Kitts
CONTRACT ?8B (EHAZ
PE AREA STATUS ACTUAL COST CONTRACT COMMENTS
0.83
0.68 + access XD
0.41 XD
0.16 X
0.36 X
0.42 XD
0.18 X
0.15
0.20 *
X
X
0
0.58 + access X
Revised* X
0.28 + access X
0.60 + access X
0.28 + access X
0.12
x
XD
$ 4,380
$ 9,150
$ 4,150
$ 500
Donation
s
08 -104 Charles Needham Avery, Combined
Jr., et al 1.08 S w/01 -33
1.43
$
$37,035 N Recorded Vol. 1619 Page 417
Still need easement to CORR WWTP
Donation Y Recorded Vol. 1619 Page 342
Donation N Recorded Vol. 1619 Page 349
$ 7,500 Y Recorded Vol. 1619 Page 354
$12,010 Y Recorded Vol. 1619 Page 361
Donation N Recorded Vol. 1891 Page 103
$ 7,150 Y Recorded Vol. 1619 Page 367
$ 6,325 Y Recorded Vol. 1619 Page 372
$ — N Open
$13,210 Y Recorded Vol. 1619 Pages 378/386
$ 4,810 N Recorded Vol. 1878 Pages 848 /858/870
5
Y Recorded Vol. 1619 Page 389
Y Recorded Vol. 1619 Page 396
N Recorded Vol. 1619 Page 404
Access across UP Railroad may not be valid
Y
Y
Not recorded
N Recorded Vol. 1619 Page 411
See 01 -33
08 -106 Pearson Ranch (Gravity) 0.77 0 $ - - -
(Force Main) 0.25 0 $ - - -
N
N
OPen
Open
* Additional easement needed due to realignment required by railroad
PARCEL NO./OWNER PE AREA ,STATUS ACTUAL COST CONTRACT COMMENTS
CONTRACT #21, (H &X)
21 -01 Bill Nations 0.324 X $15,015 N Recorded Vol. 1619 Page 338
21-02 Oscar Stark .486 X $46,000 Y Recorded Vol. 1643 Page 344
21-02A Oscar Stark (Temporary) None X Combined Y Recorded Vol. 1643 Page 348
w/21-02 (this 3.28 acre shaft/access
easement has expired)
21-04 Preferred Stamping .109 0 $ - - - N
Open, FMV = $950
21 -05 St Richards Episcopal Church .237 0 $ - - - N Open
21-06 MBank Austin .028 0 $ - - - N Opal
21 -07 Ken Burge XD Donation N Recorded Vol. 1619 Page 423
21 -08 Ken Burge .259 XD Donation N Recorded Vol. 1619 Page 427
21 -08A Louis Henna, Jr. .234 X $ 815 Y Recorded Vol. 1619 Page 431
21-09 Louis Henna, Jr. .015 XD Donation N Recorded Vol. 1619 Page 435
21-09A Robert M. Herber , .184 X $ 1,000 Y Recorded Vol. 1619 Page 439
21-09B Billie Sue Henna Cross r .187 X $ 1,059 Y Recorded Vol. 1619 Page 443
21 -11 Henry R. Richardson .068 X $ 200 Y Recorded Vol. 1619 Page 447
21 -12 Arnold Peterson .044 X $ 500 N Recorded Vol. 1619 Page 451
21 -13 Rubie Louise H. Rainer .043 X $ 94 Y Recorded Vol. 1619 Page 455
21 -14 Sam C. Taylor .043 XD Donation N Recorded Vol. 1619 Page 459
21 -15 Charles A. Johnson, Sr. .043 XD Donation N Recorded Vol. 1619 Page 464
6
21 -16 Carroll Hardin
21 -17 Wayland Prinz
21 -18 Mike Fisher
PARCEL NOJOWNER
CONTRACT 421 (H &K) (Continued)
21 -19 Olean Koepp
21 -20 Henry Heisch
21 -22 W.B. Cotton Enterprises, Inc.
21 -23 W.B. Cotton Enterprises, Inc.
21 -25 City of Round Rock Parks Dept.
21 -27 City of Round Rock Parks Dept. .092 XD
CONTRACT 420
.043 XD
.043 X
.048 X
PE AREA STATUS
.044 XD
.048 O
.200 X
.054 X
.217 XD
20 -29A Mrs. Dixie Hamilton .174 0
20-29B Mrs. Dixie Hamilton 6,628 sf O
20 -29C Mrs. Dixie Hamilton 4,866 sf 0
20 -30 Lupe Corona .054 X
20-30A Johnny Corona .035 X
20-31 Lois Anderson .098 0
(Buddy Holder - son)
20-32 Floyd Anderson .092 0
20-33 George Buynoch .072 0
20 -34 James Antill .167 0
Donation
$ 500
$ 100
ACTUAL COST
Donation
$ 250
$ 250
Donation
Donation
$ 700
$ 626
7
N
Y
Y
CONTRACT
N
N
Y
Y
N
N
N
N
N
Y
Y
N
N
N
N
Recorded Vol. 1619 Page 469
Recorded Vol. 1619 Page 474
Recorded Vol. 1619 Page 478
COMMENTS
Recorded Vol. 1619 Page 483
Open, FMV = $125
Recorded Vol. 1619 Page 488
Recorded Vol. 1619 Page 493
Approved by Council on 7- 23 -87;
No copy delivered to WCID
See 21 -25
Open - Owner wanted to close for
$10,881 but held unclear title
Open, See 20-29A
Open, See 20-29A
Recorded Vol. 1619 Page 489/506
Recorded Vol. 1619 Page 502/506
Open, FMV = $1,150
Open, FMV = $1,975
Open, FMV = $ 600
Open, FMV = $4,325
20-35 MBank Round Rock .007 0 $ - - - N
Open, FMV = $2,125
20 -36 Bedico Properties, Ltd. .067 0 $ - - - N Open, FMV = $2,050
20 -37 Rafael Nava .063 0 $ - - - N Open, FMV = $3,500
PARCEL NO, /OWNER PE AREA STATUS ACTUAL COST CONTRACT COMMENTS
20 -37A Estate of Estevan & .024 0 $ - - - N Open, FMV = $1,211
Concepcion Ramirez
20 -38 David Worden .079 0 $ - - - N Open, FMV = $10,023
20-39 Gerald Marx .067 0 $ - - - N Open, FMV = $ 3,707
20-40 Ronald (Ron) Morrison .154 0 $ - - - N Open, FMV = $ 6,851
20-41 J. E. Moore .077 0 $ - - - N
Open, FMV = $ 4,291
20-42 William Lewis .083 X $ 4,000 N Recorded Vol. 1619 Page 510
20-43 Frank Anderson .158 0 $ - - - N Open, FMV = $12,350
20-44 Wayne Moore .435 0 $ - - - N Open, FMV = $ 6,255, See 20-45
20-45 Texas Power & Light .053 0 Donation N Open, Minor realignment needed
20-46 Estate of Joel Johnson .172 0 $ - - - N Open, FMV = $ 6,150, See 20-45
clo Dan Johnson
20-47 City of Round Rock - PARD .205 — $ - - - —
No longer needed
20-48 Clarence Sauls 1.580 0 $ - - - N Open, FMV = $23,475
. 20 -49 Oaklands Homeowners Assn TEMP — $ - - - — No longer needed
20-50 Estate of Arden B. Johnson .210 0 $ - - - N Open, FMV = $ 4,550
clo Dana Johnson
20-51 James Daniel Johnson .064 0 $ - - - N
Open, FMV = $ 1,675
20 -52 Bedico Properties .070 0 $ - - - N
Open, FMV = $ 2,515
8
20 -53 Estate of Tommy Kurtz
20 -54 Jerry Rutledge
.238 0 $ - - - N Open, FMV = $ 6,000
.034 0 $ - - - N Open, FMV = $ 705
D = Donation S = Contracted X = Closed M = Condemnation 0 = Open FMV = Fair Market Value in 1987
C: \WP501MISC\REG- ESMT.LST 12/03/90
9
ITEM DESCRIPTION
LOCATION
WCID
AUSTIN
ROUND
ROCK
3 drawer - fireproof
1
1
Planfile (cabinet w/base)
1
1
Plan Rack (Stacor w /clamps)
1
1
Computer System: IBM 30 Meg
1
1
IBM Proprinter XL
1
1
SYSDYNE Monitor Model EB6B195C
1
1
Daisytek Accoustic Printer Muffler
1
1
IBM Typewriter Wheelwriter III
1
1
3M Copier Model 516
1
1
Victor Calculator Model 850- SN85664176
1
1
Victor Calculator Model 850- SN85664177
1
1
Sanyo TRC -5300 Recorder
1
1
Sony Dictator Mod. BM -550
1
1
Radio Shack Mod. 312 Answering Machine
1
1
GE Undercabinet Refrigerator
1
1
White- Westinghouse Microwave Oven
1
1
Norelco Coffeemaker
1
1
Hoover Vacuum Mod. U4463 -9
1
1
Lift Station Impeller (OBLS)
1
1
Southwestern Bell Telecom -Base System +
5 Delphi Sets
1
1
11
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
DATE: July 26, 1994
SUBJECT: City Council Meeting, July 28, 1994
ITEM: 10.C. Consider a resolution authorizing the Mayor to enter into an
agreement with the Brushy Creek WCID and the City of Austin
to terminate the WCID's participation in the Brushy Creek
Regional Wastewater Treatment Project.
In April of 1988, the City of Round Rock, City of Austin, and the Brushy Creek
Water Control and Improvement District No. 1 of Williamson and Milam Counties
entered into a Wastewater Disposal Agreement setting forth the terms and
conditions of the parties' agreement regarding the regional wastewater project for
the Brushy Creek Basin. The Wastewater Disposal Agreement provided that the
WCID would be the manager and operator of the regional system for a fee paid by
Round Rock and Austin. While the participation of the WCID was critical in the
early stages of the regional wastewater project, since Round Rock and Austin are the
only governmental entities that are now participating in the Regional System, it is
no longer considered necessary to have a separate third -party operator and manager.
Therefore, the Regional Technical Committee has negotiated a proposed agreement
which would terminate the Wastewater Disposal Agreement. The effective date of
the termination agreement will probably be sometime early this fall. Austin and
Round Rock staffs are presently working on a two -party interlocal agreement to
continue with the regional wastewater project. The interlocal agreement will be in
place before the present agreement is terminated.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
C (gAn
,2 - qq- 07 a8/-r
AGREEMENT FOR TERMINATION OF BRUSHY CREEK REGIONAL
WASTEWATER DISPOSAL AGREEMENT
THIS Agreement For Termination of Brushy Creek Regional Wastewater Disposal Agreement
("Agreement ") is made and entered into by and between the City of Austin, a Texas home rule municipal
corporation ("Austin "), the City of Round Rock, a Texas home rule municipal corporation ( "Round
Rock "), and the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam
Counties, a water control and improvement district created and operating pursuant to the provisions of
Article 16, Section 59 of the Texas Constitution and V.T.C.A. Water Code, Chapter 51 ( "the WCID").
WHEREAS, the WCID was created by order of the Texas State Board of Water Engineers (now
the "Texas Natural Resource Conservation Commission," hereinafter, "the Commission ") dated
November 1, 1956, which creation was confirmed by an election held within the WCID on January 8,
1957, and validated by Acts 1957, 55th Legislature, Regular Session, Chapter 341, Page 807, as amended
by Acts, 1957, 55th Legislature, Second Called Session, Chapter 10, Page 166; and
WHEREAS, in December 1985, the WCID, Austin, Round Rock, Williamson County Municipal
Utility District No. 2 and Williamson County Municipal Utility District No. 3 entered into an agreement
( "the 1985 Agreement ") setting forth terms and conditions for design, construction, operation and
maintenance of a regional wastewater transportation and treatment system ( "the System ") intended to
provide wastewater collection and treatment services for the participants thereunder and their respective
customers in a large area of Williamson County in the Brushy Creek Watershed; and
WHEREAS, Williamson County Municipal Utility District No. 2 later withdrew from
participation under the 1985 Agreement and the 1985 Agreement subsequently expired of its own terms;
and
WHEREAS, on or about April 11, 1988, Austin, Round Rock and the WCID entered into a
certain Wastewater Disposal Agreement, which was subsequently amended by Amendment No. 1 to the
Wastewater Disposal Agreement, (said Wastewater Disposal Agreement and all amendments thereto are
hereinafter collectively referred to as the "Wastewater Disposal Agreement ") setting forth terms and
conditions and reaffirming the desire of said parties to participate in the financing, construction, operation
and maintenance of a downscaled version of the System and intended to provide wastewater transportation
and treatment services for the Brushy Creek Watershed within the respective corporate limits and /or
extraterritorial jurisdictions of Austin and Round Rock; and
WHEREAS, under the Wastewater Disposal Agreement, the cost of constructing the System is
borne completely by Austin and Round Rock with the WCID acting as manager and operator for the
construction, operation and maintenance of the System on behalf of Austin and Round Rock; and
WHEREAS, pursuant to the Wastewater Disposal Agreement, the WCID has commenced its
responsibilities as manager and operator of the System for the benefit of Austin and Round Rock ; and
9 .
TERMINATION AGREEMENT
Paga - -1
r\.wLmwua yu
July 27. 1994
WHEREAS, pursuant to the Wastewater Disposal Agreement, the WCID has acquired in its name
for the benefit and at the expense of Austin and Round Rock, engineering studies of the System, and a
wastewater discharge permit as well as portions of the wastewater collection and transportation
components of the System; and
WHEREAS, in addition to facilities and property rights acquired by or transferred to the WCID
for the benefit of the remaining participants, Austin and Round Rock have provided the WCID with funds
for use in the construction, operation and maintenance of the System; and
WHEREAS, an inventory of all property, real, personal and mixed, constituting the System or
held in the name of the WCID for the benefit of the two remaining participants in the System is attached
hereto as Exhibit "A" and made a part hereof for all purposes; and
WHEREAS, a schedule of regional system obligations ( "Regional System Obligations ") including,
without limitation, obligations of the WCID arising under contracts entered into by and between the
WCID and third persons pursuant to the Wastewater Disposal Agreement or this Agreement is attached
hereto as Exhibit "B" and made a part hereof for all purposes; and
WHEREAS, Austin, Round Rock, and the WCID have determined that, due to the earlier
withdrawal of all participants except Austin and Round Rock and the consequent downscaling of the
proposed System to serve only Austin and Round Rock and their respective customers, the further
participation of the WCID as manager and operator is no longer required and that the construction,
operation and maintenance of the System can be efficiently conducted as a joint endeavor of Austin and
Round Rock; and
WHEREAS, Austin and Round Rock intend to enter into an interlocal agreement for joint
financing, construction, operation, maintenance and administration of the System as a joint endeavor of
Austin and Round Rock, which interlocal agreement shall become effective upon termination of the
Wastewater Disposal Agreement; and
WHEREAS, Austin, Round Rock and the WCID desire to set forth in writing the agreed terms
and conditions for termination of the Wastewater Disposal Agreement and for transfer of all Regional
System Assets (as defined in §1.05(h) below) and Regional System Obligations to Austin and Round
Rock;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Austin, Round Rock and the WCID agree as follows:
TERMINATION AGREEMENT
Page - -2
I.
AGREED PROCEDURE FOR TERMINATION
OF WASTEWATER DISPOSAL AGREEMENT.
1.01 Termination of Wastewater Disposal Agreement. Except as provided in §1.08, Austin,
Round Rock and the WCID agree that the Wastewater Disposal Agreement, shall be terminated and that
the Regional System Assets and Regional System Obligations shall be transferred to Austin and Round
Rock in accordance with the provisions of this Agreement.
1.02 Effective Date of Termination. Termination of the Wastewater Disposal Agreement shall
be effective upon the date that the authorized representatives of the WCID, Austin and Round Rock
certify in writing that all conditions precedent to termination described in §1.05 below are completed
( "the Termination Date "). For purposes of this Agreement, the authorized representatives of Austin and
Round Rock shall be their respective City Managers or their designee and the authorized representative
of the WCID shall be the President of the Board of Directors or his designee.
1.03 No Further Acquisition. Transfer or Hyaothecation of Regional System Assets During
the Contract Period. For the period following the date of execution of this Agreement but prior to the
Termination Date, no additional Regional System Assets will be acquired and no existing Regional System
Assets shall be sold, assigned, transferred, pledged or otherwise hypothecated without the prior written
consent of Austin and Round Rock through their authorized representatives, except for the acquisition
and use of funds and other assets in the ordinary course of operation and management of the System.
1.04 Np Additional Regional System Contracts WithoutSyecificAuthorizptionDurjngcontrp t
Period. Except for items presently budgeted or for the accomplishment of matters required to be
undertaken pursuant to this Agreement, no additional contracts resulting in the expenditure in excess of
$2,000.00 will be entered into by and between the WCID and any third person(s) without the prior
written consent of Austin and Round Rock through their authorized representatives.
1.05 Conditions Precedent to Termination. Austin, Round Rock and the WCID agree that
written certification of the completion of all of the following matters shall be a condition precedent to
termination of the Wastewater Disposal Agreement:
(a) Proceedings Regarding System Records. On or before the Termination Date, the WCID
shall cause to be delivered to Austin and Round Rock the originals of all files, records
and documents in the custody and control of the WCID pertaining to the System ( "the
Regional System Documents "; (The WCID may make copies of any or all of such
Regional System Documents to retain for its records, the cost of said copies being an
expense contemplated within subparagraph (e) below; and further, the WCID may keep
up to four (4) filing cabinets to store said copies.)
(b) Transfer of Wastewater Disposal Permit. Within thirty (30) days from the date of
execution hereof, the WCID shall initiate proceedings in the Commission for transfer of
TNRCC Wastewater Discharge Permit No. 13057 -01 to Austin and Round Rock; the
WCID shall diligently prosecute said proceedings to complete the transfer of the
Discharge Permit;
(c) Termination of Contract for Lift Station and Line Maintenance. On or before the
Termination Date, the WCID shall terminate or assign to Austin its existing contractual
relationship with Eco Resources, Inc. for maintenance of the Onion Branch Lift Station.
From and after such termination or assignment, Austin shall be responsible for
maintenance and operation of the Onion Branch Lift Station. From and after the
Termination Date, Round Rock and Austin shall be responsible for the maintenance and
operation of all other System facilities;
TERMINATION AGREEMENT
Page - -3
(d) Termination of District Utility Service Accounts for Onion Branch Lift Station On or
before the Termination Date, Austin shall cause the initiation of electric, telephone and
other utility service for the Onion Branch Lift Station to be placed in the name of Austin
and upon the initiation of such service in the name of Austin, the WCID will cause the
termination of electric, telephone and other utility service accounts for the Onion Branch
Lift Station currently held in the name of the WCID;
(e) Expenses for District Legal Accounting d an Other Expenses Incurred in A sociation
With Termination. Austin and Round Rock understand that the termination of the
Wastewater Disposal Agreement will result in unbudgeted reasonable expenses for legal,
accounting and other services, the cost of which will be shared equally by Austin and
Round Rock. Austin and Round Rock hereby agree to provide $10,000.00 each for
deposit to the System Construction Account with the total sum of $20,000.00 so derived
to be used for such reasonable expenses, which sums will be funded to the WCID in
advance upon request. If it appears that said reasonable termination expenditures will
exceed $20,000.00, the WCID may request additional funds from Austin and Round
Rock. The balance left upon termination, if any, shall be refunded in equal shares to
Austin and Round Rock. All such expenses that have been incurred or contracted for, but
not completed or billed or paid by the Termination Date may, with the approval of the
authorized representatives of Austin and Round Rock, be included as Regional System
Obligations and assumed by Round Rock and Austin pursuant to Section 1.05(i);
(t) Delivery and Distribution of Furniture. Equipment and Supplies. Within thirty (30) days
from the execution hereof, Austin and Round Rock, through their authorized
representatives, shall prepare and deliver to the WCID a plan for delivery and
distribution of all furniture, equipment, and supplies now in the possession of the WCID
to Austin and Round Rock which plan shall make provision for the proposed distribution
and for transportation and delivery of same to Austin and Round Rock on or before the
Termination Date;
(g)
(h)
TERMINATION AGREEMENT
Page - -4
Transfer of Easements and Other Interests in Real Estate Acouired for the System. On
or before the Termination Date, the WCID shall prepare, execute and deliver to Austin
and Round Rock an appropriate assignment or other instrument transferring to Austin and
Round Rock all easements and other interests in land acquired by the WCID for the
System, provided that such assignment or transfer shall in no way affect other easements
or rights held by the WCID not connected directly with the System. Prior to such
transfer, Austin and Round Rock, through their authorized representatives, shall notify
the WCID in writing of any agreed division of such Regional System Assets. The form
and content of the assignment or other instrument of transfer shall be subject to review
and approval by Austin and Round Rock, through their authorized representatives, which
approval shall not be unreasonably withheld;
Transfer of All Other Regional System Assets. On or before the Termination Date, the
WCID shall prepare, execute and deliver to Austin and Round Rock a Bill of Sale and
Quitclaim transferring to Austin and Round Rock all Regional System Assets save and
except those easements and interests in land separately transferred as above stated. Prior
to such transfer, Austin and Round Rock, through their authorized representatives, shall
notify the WCID in writing of any agreed division of such Regional System Assets. The
transfer evidenced by the Bill of Sale and Quitclaim shall be effective upon the
Termination Date; the form and content of the Bill of Sale shall be subject to review and
approval by Austin and Round Rock, through their authorized representatives, which
approval shall not be unreasonably withheld; For purposes of this Agreement, the term
"Regional System Assets" shall mean, without limitation, all physical and intangible
assets constituting the System or used for construction, operation and maintenance of the
System such as all equipment, wastewater collection lines, lift stations and other
equipment, fixtures, buildings, supplies, inventory, warehouses, and appurtenances
acquired for construction, operation and maintenance of the System; all easements and
other interests in real estate acquired for construction, operation or maintenance of the
System or any component thereof; all engineering studies and reports, plans and
specifications for System components; all bank accounts, receivables, policies of
insurance, and all other contract rights, permits, consents, authorizations or other
intangibles acquired or entered into by virtue of the Wastewater Disposal Agreement and
which are reasonably necessary or incidental to the design, construction, operation,
maintenance and administration of the System;
Transfer and Acceptance of Regional ystem Obliga inns, On or before the Termination
Date, Austin and Round Rock shall execute and deliver to the WCID an agreement of
assumption of all Regional System Obligations of the WCID; the form and content of the
instrument of assumption shall be subject to the review and approval of the WCID, which
approval shall not be unreasonably withheld;
(j) Termination of Interim Wastewater Disposal Agreement. On or before the Termination
Date, the parties agree to execute and deliver documents evidencing the termination of
that certain "Interim Wastewater Disposal Agreement" dated January 30, 1989; and
Payment to WCID for Agreed Termination, Transfer of Assets and Settlement of Claims.
In consideration for the agreed termination of the Wastewater Disposal Agreement as
requested by Austin and Round Rock, the transfer to Austin and Round Rock of all
Regional System Assets and Regional System Obligations in accordance with this
Agreement and the full and fmal settlement and release of all claims arising under the
Wastewater Disposal Agreement, Austin and Round Rock agree to pay to the WCID on
or before the Termination Date the sum of Ninety -two Thousand Five Hundred Ninety-
eight Dollars ($92,598.00), one -half to be paid by Austin and one -half to be paid by
Round Rock.
(i)
(k)
1.06 Regionai on. Within thirty (30) days from the date of execution hereof, the WCID
shall initiate proceedings in the Commission for the designation of Austin and Round Rock as the regional
provider of wastewater services for the corporate limits of Austin and Round Rock and those portions
of the extraterritorial jurisdiction of Austin and Round Rock located in the Brushy Creek Watershed, with
the understanding that the WCID shall retain its designation as the regional provider of wastewater
services within its area and outside the extraterritorial jurisdictions of Austin and Round Rock. Austin
and Round Rock agree to cooperate with the WCID in such designations.
TERMINATION AGREEMENT
Page - -5
1.07 Mutual Release. Upon the written certification by the authorized representatives of Austin,
Round Rock and the WCID that all conditions precedent to termination described above have been fully
performed according to the terms of this Agreement, the parties mutually agree and do hereby release
and forever discharge one another and their respective officers, employees, agents, representatives,
successors and assigns of and from any and all obligations (except as provided in Section 1.08), claims,
demands, suits, or causes of action among one another of whatever kind or nature, at law or in equity,
whether now known or not known, that now exist or could arise, directly or indirectly, under, by virtue
of, or in connection with the Wastewater Disposal Agreement or any resolution, or other official actions
of the parties, their respective officers, employees, agents, representatives, successors, and assigns
regarding the Wastewater Disposal Agreement.
1.08. Liability for "Operation and Maintenance Expense." Austin and Round Rock shall remain
responsible for the payment of any Operation and Maintenance Expense as defined in Section 1.01(cc)
of the Wastewater Disposal Agreement. Notwithstanding the above, Austin and Round Rock shall not be
required to pay the cost of liability insurance for the WCID and its directors and employees nor any
management fee after the Termination Date. The foregoing obligation shall be subject to the following:
(a) The WCID shall promptly provide Austin and Round Rock with written notice of any
claim for payment of Operation and Maintenance Expense, and Austin and Round Rock
shall have the right to contest the validity of any such claim, and;
(b) Austin and Round Rock shall have the right to select legal counsel for the defense of such
claims subject to the right of the WCID to review and approve the same, which approval
shall not be unreasonably withheld or delayed;
(c) Austin and Round Rock shall have the right and authority to determine, plead and bring
forward in the defense of any such claim any and all pleadings, motions, defenses,
counterclaims, appeals or other legal actions or remedies that Austin and Round Rock
shall deem necessary or advisable;
(d) The WCID shall cooperate with Austin and Round Rock in all aspects of the defense of
such claims;
(e) Austin and Round Rock shall have the full power and authority to prosecute and defend
the litigation, settle the litigation, appeal any judgment or order, and otherwise pursue
the litigation as Austin and Round Rock may elect, it being understood that Austin and
Round Rock shall bear the entire cost of the litigation, settlement or judgment so
determined or incurred;
(1) The WCID agrees to obtain the written consent of Austin and Round Rock prior to
undertaking any action that may adversely affect the cost or potential outcome of the
litigation; and
(g)
TERMINATION AGREEMENT
Page - -6
The obligation to pay Operation and Maintenance Expense set forth herein shall not apply
to any litigation brought by Austin and Round Rock against the WCID to enforce the
terms of this Agreement.
1.09 Final Bill. Austin and Round Rock agree that the final bill for wastewater treatment services
due from Austin for the period of time prior to the Termination Date and the date of the last previous
bill, shall be sent by Round Rock directly to Austin and Austin shall pay the amount due directly to
Round Rock. The WCID shall have no obligation with respect to the aforesaid final billing for wastewater
treatment services.
1.10 Audit. On or before the Termination Date, the District shall Order an audit of the finances
of the System from the date of the last audit of the WCID up to the Termination Date. The audit will be
performed in accordance with generally accepted accounting standards by an independent accounting firm
approved by the WCID, Austin and Round Rock. Upon completion thereof, a true copy of the audit shall
be provided by the WCID to Austin and Round Rock.
II.
TERMINATION OF THIS AGREEMENT
This Agreement shall terminate and be of no further force and effect if not completed
one year from the date hereof.
The following general provisions shall apply to this Agreement:
(a) Cooperation. The parties agree to cooperate with each other in good faith at all times to effectuate
the purposes and intent of this Agreement.
(b) Payment From Current Revenues. Payment for obligations arising hereunder shall be from
current revenues or other funds of the obligor lawfully available for this purpose.
(c) Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
all prior and contemporaneous understandings or representations, whether oral or written,
respecting the subject matter hereof. •
(d) ,Severability. If any section of this Agreement is declared invalid for any reason, the invalidity
of that section shall not affect the validity of any other section of this Agreement, and all other
sections shall remain in full force and effect.
(e) Amendments. Any amendment hereof must be in writing and signed by the authorized
representative for all parties.
(f) No Modification of Other Agreements. Except as expressly set forth herein, this Agreement shall
not be construed to breach, modify, supplement or otherwise alter the provisions of any other
agreement entered into by and between Austin and Round Rock or Austin, Round Rock and the
District or any agreement between any of said parties and third person(s).
TERMINATION AGREEMENT
Page - -7
III.
GENERAL PROVISIONS
(g)
(h) Other Instruments. Actions. The parties hereto agree that they will take such other and further
actions and execute and deliver such other and further consents, authorizations, instruments or
documents as are necessary or incidental to effectuate the purposes of this Agreement.
(i) J10 Third Party Beneficiaries. Except as expressly provided above, nothing herein shall ever be
construed to confer upon any person other than the parties hereto any rights, benefits or remedies
under or by reason of this Agreement.
No Joint Venture. Partnership. Agency. This Agreement shall not be construed in any form or
manner to establish a partnership, joint venture or agency, express or implied, nor any employer
employee or borrowed servant relationship by and among the parties hereto.
Force Majeure. If, by reason of Force Majeure (as hereinafter defined), any party shall be
rendered wholly or partially unable to carry out its obligations under this Agreement, then such
party shall give written notice of the particulars of such Force Majeure to the other party or
parties within a reasonable time after the occurrence thereof. The obligations of the party giving
such notice, to the extent affected by such Force Majeure, shall be suspended during the
continuance of the inability claimed and for no longer period, and any such party shall in good
faith exercise its best efforts to remove or overcome such inability. The term "Force Majeure"
as utilized herein shall mean and refer to acts of God; strikes lockouts or other industrial
disturbances; acts of public enemies; orders of any kind of the government of the United States,
the State of Texas, or any other civil or military authority; insurrections; riots; epidemics;
landslides; earthquakes; lightning; fires; hurricanes, storms, floods, washouts, droughts or other
natural disasters; arrests; restraint of government and people; civil disturbances; explosions;
breakage or accidents to machinery, pipelines or canals; or other causes not reasonably within
the control of the party claiming such inability.
Venue. Venue for any suit arising hereunder shall be in Williamson County.
Duplicate Originals. This Agreement may be executed simultaneously in duplicate originals each
of equal dignity.
Effective Date. This Agreement shall be effective from and after the date of due execution hereof
by the authorized representatives of Austin, Round Rock and the District.
IN WITNESS WHEREOF, the authorized representatives of the parties have executed this
Agreement for
(i )
(k)
(1)
(m )
(n)
Applicable Law. This Agreement shall be construed under and in accordance with the laws of the
State of Texas.
TERMINATION AGREEMENT
Page - -8
Termination of Brushy Creek Regional Wastewater Disposal Agreement on the date(s) set forth below.
ATTEST: CITY OF AUSTIN:
By:
James E. Aldridge
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
- ATTEST: CITY OF
By:
APP
ATTEST:
oanne Land
City Secretary
VED AS TO FO
` ►� I
Stephan) Sheets, City Attorney
TERMINATION AGREEMENT
Page - -9
Name:
Title:
Date:
Name:
By: Name:
Board Secretary
Title:
Date:
Charles Culpepp , M e t dj&
Date: 7
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES:
APPROVED AS TO FORM:
James Miles, General Counsel
THE STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT was acknowledged before me on this _ day of , 1994 by
of the City of Austin, Texas, a municipal corporation,
on behalf of said municipal corporation.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON )
THIS AGREEMENT was acknowledged before me on this day of 1994 by
Charles Culpepper, Mayor of the City of Round Rock, Texas, a municipal corpo tion, o behalf of said
municipal corporation.
CHRISTINE R. IMARTINEZ
rW=05C697
THE STATE OF TEXAS
COUNTY OF WILLIAMSON )
TERMINATION AGREEMENT
Page - -10
Notary Public, State of Texas
Typed/Printed Name of Notary
My Commission Expires:
Notary Public, State of Tex
Hlr / 72AJE i M��12/AiCTyped /Printed
Name of Notary
My Commission Expires: 8-5
THIS AGREEMENT was acknowledged before me on this _ day of , 1994 by
of the Brushy Creek Water Control and Improvement
District No. 1 of Williamson and Milam Counties, a conservation and reclamation district, on behalf of
said district.
TERMINATION AGREEMENT
Page - -11
Notary Public, State of Texas
Typed /Printed Name of Notary
My Commission Expires:
e-Wpdor bn.bu
,* n. 1994
TERMINATION AGREEMENT
Page - -12
EXHIBIT "A"
(INVENTORY OF SYSTEM ASSETS)
TERMINATION AGREEMENT
Page - -13
EXHIBIT "B"
(Regional System Obligations)
rAwizkotbonlq13
July 37, 1994
REGIONAL WASTEWATER SYSTEM
CONTRACT NO. 4:
EXHIBIT A
AGREEMENT FOR TERMINATION OF BRUSHY CREEK REGIONAL
WASTEWATER DISPOSAL AGREEMENT
BANK ACCOUNTS AT CITY NATIONAL BANK - TAYLOR, TEXAS
Regional Project Fund - Account # 0001006485
City of Round Rock Construction Fund - Account # 0004259073
City of Austin Construction Fund - Account # 0004259065
Regional Operating Account - Account # 0001006493
Regional Money Market Account - Account # 0004259057
This Contract consists of Onion Branch Lift Station, related appurtenances, easements, access road, 12"
force main leaving the Lift station, and 227 feet portion of 16" force main described in the Engineering
Report.
CONTRACT NO. 5 -PHASE I:
This contract consists of the following facilities:
Approximately 3,055 lineal feet of 16" force main and associated easements beginning at the end of
Contract No. 4 as described in the Engineering Report.
Approximately 1,258 lineal feet of 24" wastewater line and associated easements starting at a manhole
of a City of Round Rock's 27" (also known as the Onion Creek Interceptor) wastewater line on the
southern right of way of Woods Boulevard in the City of Round Rock as described in the Engineering
Report. _
CONTRACT NO, 5 -PHASE II:
This contract consists of approximately 7,348 lineal feet of 24" wastewater line and associated easements
beginning at the upstream manhole of Contract 5 - Phase I as described in the Engineering Report.
1
CONTRACT NO. 6A:
This contract consists of approximately 9,860 lineal feet of 60" wastewater line and associated easements
beginning at the lift station of the Regional Wastewater Treatment Plant Site as described in the
Engineering Report.
CONTRACT NO. 9:
This contract consists of approximately 4,000 lineal feet of 36" wastewater line and associated easements
beginning at the upper most manhole of the 60" line of Contract No. 6a as described in the Engineering
Report.
MISCELLANEOUS
Account receivable from Austin on Onion Branch Lift Station.
Property insurance policy on Onion Branch Lift Station (including boiler and machinery) policy to be
terminated.
TNRCC Wastewater Disposal Permit No. 13057 -01.
2
01 -32 Home Savings & Loan 0.33 + access XD Donation N Recorded Vol. 1619 Page 265
Assoc. of Lufkin, TX
PARCEL NO, /OWNER PE AREA, STATUS ACTUAL COST CONTRACT COMMENTS
CONTRACT #1 (EHA)
02 -38A City of Cedar Park
EXHIBIT A
BRUSHY CREEK WCJD No. 1
Inventory of Regional Easement Files and Status
01 -33 Charles Neeham Avery, 0.98 + access S $85,000 Y Unrecorded contract - will need to
Jr., et al be renegotiated prior to closing
01 -34 Terry Lamar Robinson 1.05 + access X $16,500 Y Recorded Vol. 1619 Page 272
01 -35 Charles Needham Avery, 0.91 + access S Combined Y See 01 -33
Jr., et al w/ 01 -33
01 -36 Randy Morine Dev., Inc. 0.41 + access X $ 8,681 N Recorded Vol. 1619 Page 282
01 -37 Charles Needham Avery, 1.27 , S Combined Y See 01 -33
Jr., et al w/ 01 -33
CONTRACT #2 (EHA)
02 -38 Will Wilson, et ux , O $ - - - Condemnation filed & withdrawn.
JSM has court related documents
02 -39 Charles Needham Avery, 1.92 + ae' ss S
Jr., et al
Cedar Park purchase 117 acres out
of Parcel 02-38 in November 1987
Combined Y See 01 -33
w/ 01 -33
CONTRACT N3 (EHA)
03-46 E. J. Walsh III, et al 0.05 XD Donation N Recorded Vol. 1919 Page 296
03-47 Bill Milburn Temp Esmnt XD Donation N Recorded Vol. 1919 Page 304
03-48 Bill Milburn Temp Esmnt XD Donation N See 03-47
3
03-49 Wmson. Co. MUD 42
PARCEL NO. /OWNER
03 -50 Hy -Land J.V.
03 -51 Williamson County
CONTRACT #4 (EHA)
04-75 Bear Creek Joint Venture 5381 ft. MX $40,000 N Condemned by Fern Bluff & Milburn.
Recorded Vol. 1531 Page 60 & Vol. 1643 Page 415
04-76 Bear Creek Joint Venture 0.23 MX Combined N See 04-75
w/ 04 -75
04-80 Richard & Joy Smith
Temp Esmnt XD Donation N Recorded Vol. 1919 Page 308
PE AREA STATUS ACTUAL COST CONTRACT COMMENTS
Temp Esmnt XD ' Donation N Recorded Vol. 1919 Page 313
2.724 XD Donation N Recorded Vol. 32 Page 386
of Commissioner's Court Records
Temp. easement - no longer needed
04-81 Cecil & Sally Fisher Temp. easement - no longer needed
04-82 Michael & Susan Owens unknown 0 $ OBLS permanent access
CONTRACT #5 (EHA)
05-40 The Woods Section Two 0.12 N Not needed
05-41 Edgar E. Hoppe 0.37 X $ 5,800 N Closed by Milburn - Recorded Vol. 1457 Page 453
05 -77 Bear Creek Joint Venture 0.81 MX Combined N See 04-75
w/ 04-75
05-42 Leon E. Behrens 0.26 X $ 1,575 Y Recorded Vol. 1619 Page 316
05-43 Leroy & Ruth Lange and 1.04 X $10,000 Y Recorded Vol. 1619 Page 322
Harold & Arline Rasmussen
05-44 Leon E. Behrens 2.30 X $23,420 Y Recorded Vol. 1619 Page 330
4
PARCEL NO./OWNER PE AREA STATUS ACTUAL COST CONTRACT COMMENTS
CONTRACT #6 (EHA)
06 -19 Bill Nations, Trustee 0.83 X $37,035 N Recorded Vol. 1619 Page 417
Still need easement to CORR WWTP
06 -20 Brushy Creek Apts., Ltd. 0.68 + access XD Donation Y Recorded Vol. 1619 Page 342
06 -21 Franklin Savings Assoc. 0.41 XD Donation N Recorded Vol. 1619 Page 349
06 -22 Robert Clark Estate, et al 0.16 X $ 7,500 Y Recorded Vol. 1619 Page 354
06 -23 Billy C. Davis, et ux 0.36 X $12,010 Y Recorded Vol. 1619 Page 361
06 -24 First Gibralter Bank 0.42 XD Donation N Recorded Vol. 1891 Page 103
06 -25 Erwin W. Meiske, et ux 0.18 X $ 7,150 Y Recorded Vol. 1619 Page 367
06 -26 J. D. Knox 0.15 X $ 6,325 Y Recorded Vol. 1619 Page 372 .
0.20 * 0 $ -- N Open 8
06 -27 Phillip W. Warner, et ux 0.58 + access X $13,210 Y Recorded Vol. 1619 Pages 378/386
Revised* X $ 4,810 N Recorded Vol. 1878 Pages 848/858/870
06 -28 Virg S. Rabb, et ux
06 -29 Virg S. Rabb, et ux
06 -30 Lucile E. Hudson
Union Pacific RR
06 -31 William R. Kitts
CONTRACT #8B (EHA)
08 -105
0.28 + access X
0.60 + access X
0.28 + access X
X
$ 4,380 Y Recorded Vol. 1619 Page 389
$ 9,150 Y Recorded Vol. 1619 Page 396
$ 4,150 N Recorded Vol. 1619 Page 404
Access across UP Railroad may not be valid
$ 500 Not recorded
0.12 XD Donation N Recorded Vol. 1619 Page 411
08 -104 Charles Needham Avery, Combined
Jr., et al 1.08 S w/01 -33 Y See 01 -33
1.43 S •
5
08 -106 Pearson Ranch (Gravity) 0.77 0 $ - - - N Open
(Force Main) 0.25 0 $ - - - N Open
* Additional easement needed due to realignment required by railroad
PARCEL NO. /OWNER PE AREA ,STATUS ACTUAL COST CONTRACT COMMENTS
. CONTRACT 0021 (H &K)
21 -01 Bill Nations 0.324 X $15,015 N Recorded Vol. 1619 Page 338
21-02 Oscar Stark .486 X $46,000 Y Recorded Vol. 1643 Page 344
21-02A Oscar Stark (Temporary) None X Combined Y Recorded Vol. 1643 Page 348
w/21-02 (this 3.28 acre shaft/arcgs
easement has expired)
21-04 Preferred Stamping .109 0 $ - - - N Open, FMV = $950
21 -05 St Richards Episcopal Church .237 0 $ - - - N Open
21-06 MBank Austin .028 0 $ - - - N Open
21 -07 Ken Burge .240 XD Donation N Recorded Vol. 1619 Page 423
21 -08 Ken Burge .259 XD Donation N Recorded Vol. 1619 Page 427
21 -08A Louis Henna, Jr. .234 X $ 815 Y Recorded Vol. 1619 Page 431
21-09 Louis Henna, Jr. .015 XD Donation N Recorded Vol. 1619 Page 435
21-09A Robert M. Herber .184 X $ 1,000 Y Recorded Vol. 1619 Page 439
21-09B Billie Sue Henna Cross .187 X $ 1,059 Y Recorded Vol. 1619 Page 443
21 -11 Henry R. Richardson .068 X $ 200 Y Recorded Vol. 1619 Page 447
21 -12 Arnold Peterson .044 X $ 500 N Recorded Vol. 1619 Page 451
21 -13 Rubie Louise H. Rainer .043 X $ 94 Y Recorded Vol. 1619 Page 455
21 -14 Sam C. Taylor .043 XD Donation N Recorded Vol. 1619 Page 459
21 -15 Charles A. Johnson, Sr. .043 XD Donation N Recorded Vol. 1619 Page 464
6
21 -16 Carroll Hardin .043 XD Donation N Recorded Vol. 1619 Page 469
21 -17 Wayland Prinz .043 X $ 500 Y Recorded Vol. 1619 Page 474
21 -18 Mike Fisher .048 X $ 100 Y Recorded Vol. 1619 Page 478
PARCEL NO./OWNER PE AREA STATUS ACTUAL COST CONTRACT COMMENTS
CONTRACT X21 (H &K) (Continued)
21 -19 Olean Koepp .044 XD Donation N Recorded Vol. 1619 Page 483
21 -20 Henry Heisch .048 0 $ - - N Open, FMV = $125
21 -22 W.B. Cotton Enterprises, Inc. .200 X $ 250 Y Recorded Vol. 1619 Page 488
21 -23 W.B. Cotton Enterprises, Inc. .054 X $ 250 Y Recorded Vol. 1619 Page 493
21 -25 City of Round Rock Parks Dept. .217 XD Donation N Approved by Council on 7- 23 -87;
No copy delivered to WCID
21 -27 City of Round Rock Parks Dept. .092 XD Donation N See 21 -25
CONTRACT /t 20
20 -29A Mrs. Dixie Hamilton .174 0 $ - - - N Open - Owner wanted to close for
$10,881 but held unclear title
20-29B Mrs. Dixie Hamilton 6,628 sf O $ - - - N Open, See 20-29A
20 -29C Mrs. Dixie Hamilton 4,866 sf 0 $ - - - N Open, See 20-29A
20 -30 Lupe Corona .054 X $ 700 Y Recorded Vol. 1619 Page 489/506
20 -30A Johnny Corona .035 X ' $ 626 Y Recorded Vol. 1619 Page 502J506
20 -31 Lois Anderson .098 0 $ - - - N Open, FMV = $1,150
(Buddy Holder - son)
20-32 Floyd Anderson . .092 0 $ - - - N Open, FMV = $1,975
20-33 George Buynoch .072 0 $ - - - N Open, FMV = $ 600
20-34 James Antill .167 0 $ - - - N Open, FMV = $4,325
7
20-35 MBank Round Rock
20 -36 Bedico Properties, Ltd.
20 -37 Rafael Nava
PARCEL NO. /OWNER
20 -37A Estate of Estevan &
Concepcion Ramirez
20 -38 David Worden
20-39 Gerald Marx
20-40 Ronald (Ron) Morrison
20-41 J. E. Moore
20-42 William Lewis
20-43 Frank Anderson
20-44 Wayne Moore
20 -45 Texas Power & Light
20-46 Estate of Joel Johnson
c/o Dan Johnson
20-47 City of Round Rock - PARD
20 -48 Clarence Sauls
20-49 Oaklands Homeowners Assn
20-50 Estate of Arden B. Johnson
c/o Dana Johnson
20-51 James Daniel Johnson
20 -52 Bedico Properties
.007
.067
.063
PE AREA STATUS
.024 0
.079
.067
.154
.077
.083
.158
.435
.053
.172
.205
1.580
TEMP
.210
.064
.070
0
0
0
0
0
0
0
X
0
0
0
0
0
0
0
0
$ 4,000
$ - - -
Donation
8
N Open, FMV = $2,125
N Open, FMV = $2,050
N Open, FMV = $3,500
ACTUAL COST CONTRACT COMMENTS
$ - - - N Open, FMV = $1,211
N
N
N
N
N
N
N
N
N
N
N
N Open, FMV = $ 1,675
N Open, FMV = $ 2,515
Open, FMV ffi $10,023
Open, FMV = $ 3,707
Open, FMV = $ 6,851
Open, FMV = $ 4,291
Recorded Vol. 1619 Page 510
Open, FMV = $12,350
Open, FMV = $ 6,255, See 20-45
Open, Minor realignment needed
Open, FMV = $ 6,150, See 20-45
No longer needed
Open, FMV = $23,475
No longer needed
Open, FMV = $ 4,550
20-53 Estate of Tommy Kurtz
20 -54 Jerry Rutledge
D = Donation S = Contracted X = Closed M = Condemnation 0 = Open FMV = Fair Market Value in 1987
C:\ WP501MISC 1REG- ESMT.IST
.238 0 $ - - - N Open, FMV = $ 6,000
.034 0 $ - - - N Open, FMV = $ 705
9
12/03/90
ITEM DESCRIPTION
LOCATION
WCID
AUSTIN
ROUND
ROCK
Executive conference desk
1
1
Executive credenza
1
1
Bookshelves (3 shell)
2
1
1
Bookshelves ( shelf)
1
1
42" round conference table
1
1
Executive chair
1
1
Upholstered side chairs
6
2
4
Large oval conference table
1
1
Side stacking chairs
6
6
Telephone table
1
1
Secretarial desk
1
1
Clerical chairs
2
2
Glass end table
1
1
Table lamp
1
1
Computer desk
1
1
Printer stand
1
1
Copier stand
p
1
1
Folding tables
3
3
Filing cabinets - 4 drawer - (used)
2
2
4 drawer - (new)
2
2
3 drawer - lateral
3
3
EXHIBIT A
AGREEMENT FOR TERMINATION OF BRUSHY CREEK REGIONAL
WASTEWATER DISPOSAL AGREEMENT
10
ITEM DESCRIPTION
LOCATION
WCID
AUSTIN
ROUND
ROCK
3 drawer - fireproof
1
1
Planfile (cabinet w/base)
1
1
Plan Rack (Stacor w /clamps)
1
1
Computer System: IBM 30 Meg
1
1
IBM Proprinter XL
1
1
SYSDYNE Monitor Model EB6B195C
1
1
Daisytek Accoustic Printer Muffler
1
1
IBM Typewriter Wheelwriter III
' 1
1
3M Copier Model 516
1
1
Victor Calculator Model 850- SN85664176
1
1
Victor Calculator Model 850- SN85664177
1
1
Sanyo TRC -5300 Recorder
1
1
Sony Dictator Mod. BM -550
1
1
Radio Shack Mod. 312 Answering Machine
1
1
GE Undercabinet Refrigerator
1
1
White - Westinghouse Microwave Oven
1
1
Norelco Coffeemaker
1
1
, Hoover Vacuum Mod. U4463 -9
1
1
Lift Station Impeller (OBLS)
1
1
Southwestern Bell Telecom -Base System +
5 Delphi Sets
1
1
11
EXHIBIT 13
AGREEMENT FOR THE TERMINATION OF BRUSHY CREEK REGIONAL
WASTEWATER DISPOSAL AGREEMENT
OBLIGATIONS
Cost of year end WCID audit to be billed by KPMG Peat Marwick.
Additional cost of audit to Termination Date to be billed by KPMG Peat Marwick.
Such other items of expense included pursuant to Section 1.05 (e) and (i).
DATE: July 12, 1994
SUBJECT: City Council Meeting, July 14, 1994
ITEM: 6.C. Consider a presentation concerning the
restructuring of the Brushy Creek Regional
Wastewater Project
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
In April of 1988, the City of Round Rock, City of Austin and
the Brushy Creek Water Control and Improvement District No. 1 of
Williamson and Milam Counties entered into a Wastewater Disposal
Agreement setting forth the terms and conditions of the parties'
agreement regarding the regional wastewater project for the Brushy
Creek basin. The Wastewater Disposal Agreement provided that the
WCID would be the manager and operator of the regional system for
a fee paid by Round Rock and Austin. While the participation of the
WCID was critical in the early stages of the regional wastewater
project, since Round Rock and Austin are the only governmental
entities that are now participating in the Regional System, it is
no longer considered necessary to have a separate third -party
operator and manager. Therefore, the Regional Technical Committee
has negotiated a proposed agreement which would terminate the
Wastewater Disposal Agreement. The effective date of the
termination agreement will probably be sometime early this fall.
Austin and Round Rock staffs are presently working on a two -party
interlocal agreement to continue with the regional wastewater
project. The interlocal agreement will be in place before the
present agreement is terminated.
A presentation regarding the Termination Agreement will be
made at the meeting.
AGREEMENT FOR TERMINATION OF BRUSHY CREEK REGIONAL
WASTEWATER DISPOSAL AGREEMENT
.THE STATE OF TEXAS
COUNTY OF WILLIAMSON
5
THIS Agreement For Termination of Brushy Creek Regional
Wastewater Disposal Agreement ( "Agreement ") is made and entered
into by and between the City of Austin, a Texas home rule municipal
corporation ( "Austin "), the City of Round Rock, a Texas home rule
municipal corporation ( "Round Rock "), and the Brushy Creek Water
Control and Improvement District No. 1 of Williamson and Milam
Counties, a water control and improvement district created and
operating pursuant to the provisions of Article 16, Section 59 of
the Texas Constitution and V.T.C.A. Water Code, Chapter 51 ( "the
WCID ").
WHEREAS, the WCID was created by order of the Texas State
Board of Water Engineers (now the "Texas Natural Resource
Conservation Commission," hereinafter, "the Commission ") dated
November 1, 1956, which creation was confirmed by an election held
within the WCID on January 8, 1957, and validated by Acts 1957,
55th Legislature, Regular Session, Chapter 341, Page 807, as
amended by Acts, 1957, 55th Legislature, Second Called Session,
Chapter 10, Page 166; and
WHEREAS, in December 1985, the WCID, Austin, Round Rock,
Williamson County Municipal Utility District No. 2 and Williamson
County Municipal Utility District No. 3 entered into an agreement
( "the 1985 Agreement ") setting forth terms and conditions for
design, construction, operation and maintenance of a regional
wastewater transportation and treatment system ( "the System ")
intended to provide wastewater collection and treatment services
for the participants thereunder and their respective customers in
a large area of Williamson County in the Brushy Creek Watershed;
and
WHEREAS, Williamson County Municipal Utility District No. 2
later withdrew from participation under the 1985 Agreement and the
1985 Agreement subsequently expired of its own terms; and
WHEREAS, on or about April 11, 1988, Austin, Round Rock and
the WCID entered into a certain Wastewater Disposal Agreement,
which was subsequently amended by Amendment No. 1 to the Wastewater
Disposal Agreement, (said Wastewater Disposal Agreement and all
amendments thereto are hereinafter collectively refered to as the
"Wastewater Disposal Agreement ") setting forth terms and conditions
and reaffirming the desire of said parties to participate in the
financing, construction, operation and maintenance of a downscaled
version of the System and intended to provide wastewater
transportation and treatment services for the Brushy Creek
TERMINATION AGREEMENT
Page - -1
Watershed within the respective corporate limits and /or
extraterritorial jurisdictions of Austin and Round Rock; and
WHEREAS, under the Wastewater Disposal Agreement, the cost of
constructing the System is borne completely by Austin and Round
Rock with the WCID acting as manager and operator for the
construction, operation and maintenance of the System on behalf of
Austin and Round Rock; and
WHEREAS, pursuant to the Wastewater Disposal Agreement, the
WCID has commenced its responsibilities as manager and operator of
the System for the benefit of Austin and Round Rock ; and
WHEREAS, pursuant to the Wastewater Disposal Agreement, the
WCID has acquired in its name for the benefit and at the expense of
Austin and Round Rock, engineering studies of the System, and a
wastewater discharge permit as well as portions of the wastewater
collection and transportation components of the System; and
WHEREAS, in addition to facilities and property rights
acquired by or transferred to the WCID for the benefit of the
remaining participants, Austin and Round Rock have provided the
WCID with funds for use in the construction, operation and
maintenance of the System; and
WHEREAS, an inventory of all property, real, personal and
mixed, constituting the System or held in the name of the WCID for
the benefit of the two remaining participants in the System is
attached hereto as Exhibit "A" and made a part hereof for all
purposes; and •
WHEREAS, a schedule of regional system obligations ( "Regional
System Obligations ") including, without limitation, obligations of
the WCID arising under contracts entered into by and between the
WCID and third persons pursuant to the Wastewater Disposal
Agreement is attached hereto as Exhibit "B" and made a part hereof
for all purposes; and
WHEREAS, Austin, Round Rock, and the WCID have determined
that, due to the earlier withdrawal of all participants except
Austin and Round Rock and the consequent downscaling of the
proposed System to serve only Austin and Round Rock and their
respective customers, the further participation of the WCID as
manager and operator is no longer required and that the
construction, operation and maintenance of the System can be
efficiently conducted as a joint endeavor of Austin and Round Rock;
and
WHEREAS, Austin and Round Rock intend to enter into an
interlocal agreement for joint financing, construction, operation,
maintenance and administration of the System as a joint endeavor of
Austin and Round Rock which interlocal agreement shall become
effective upon termination of the Wastewater Disposal Agreement;
and
TERMINATION AGREEMENT
Page- -2
WHEREAS, Austin, Round Rock and the WCID desire to set forth
in writing the agreed terms and conditions for termination of the
Wastewater Disposal Agreement and for transfer of all Regional
System Assets (as defined in §1.05(h) below) and Regional System
Obligations to Austin and Round Rock;
NOW, THEREFORE, in consideration of the foregoing premises and
the mutual promises and undertakings set forth below, Austin, Round
Rock and the WCID agree as follows:
TERMINATION AGREEMENT
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I.
AGREED PROCEDURE FOR TERMINATION
OF WASTEWATER DISPOSAL AGREEMENT.
1.01 Termination of Wastewater Disposal Agreement. Except as
provided in §1.08, Austin, Round Rock and the WCID agree that the
Wastewater Disposal Agreement, shall be terminated and that the
Regional System Assets and Regional System Obligations shall be
transferred to Austin and Round Rock in accordance with the
provisions of this Agreement.
1.02 Effective Date of Termination. Termination of the
Wastewater Disposal Agreement shall be effective upon the date that
the authorized representatives of the WCID, Austin and Round Rock
certify in writing that all conditions precedent to termination
described in §1.05 below are completed ( "the Termination Date ").
For purposes of this Agreement, the authorized representatives of
Austin and Round Rock shall be their respective City Managers or
their designee and the authorized representative of the WCID shall
be the President of the Board of Directors or his designee.
1.03 No Further Acquisition Transfer or Hypothecation of
Regional System Assets During the Contract Period. For the period
following the date of execution of this Agreement but prior to the
Termination Date, no additional Regional System Assets will be
acquired and no existing Regional System Assets shall be sold,
assigned, transferred, pledged or otherwise hypothecated without
the prior written consent of Austin and Round Rock through their
authorized representives, except for the acquisition and use of
funds and other assets in the ordinary course of operation and
management of the System.
1.04 No Additional Regional System Contracts Without Specific
Authorization During Contract Period. Except for items presently
budgeted or for the accomplishment of matters required to be
undertaken pursuant to this Agreement, no additional contracts
resulting in the expenditure in excess of $2,000.00 will be entered
into by and between the WCID and any third person(s) without the
prior written consent of Austin and Round Rock through their
authorized representatives.
1.05 Conditions Precedent to Termination. Austin, Round Rock
and the WCID agree that written certification of the completion of
all of the following matters shall be a condition precedent to
termination of the Wastewater Disposal Agreement:
(a) Proceedings Regarding System Records. On or before the
Termination Date, the WCID shall cause to be delivered to
Austin and Round Rock the originals of all files, records
and documents in the custody and control of the WCID
pertaining to the System ( "the Regional System
Documents "; (The WCID may make copies of any or all of
such Regional System Documents to retain for its records,
the cost of said copies being an expense contemplated
within subparagraph (e) below; and further, the WCID may
keep up to four (4) filing cabinets to store said
copies.)
(b) Transfer of Wastewater Disposal Permit. Within thirty
(30) days from the date of execution hereof, the WCID
shall initiate proceedings in the Commission for transfer
of TNRCC Wastewater Discharge Permit No. 13057 -01 to
Austin and Round Rock; the WCID shall diligently
prosecute said proceedings to complete the transfer of
the Discharge Permit;
(c) Termination of Contract for Lift Station and Line
Maintenance. On or before the Termination Date, the WCID
shall terminate or assign to Austin its existing
contractual relationship with Eco Resources, Inc. for
maintenance of the Onion Branch Lift Station. From and
after such termination or assignment, Austin shall be
responsible for maintenance and operation of the Onion
Branch Lift Station. From and after the Termination Date,
Round Rock and Austin shall be responsible for the
maintenance and operation of all other System
facilities;
(d) Termination of District Utility Service Accounts for
Onion Branch Lift Station. On or before the Termination
Date, Austin and Round Rock shall cause the initiation of
electric, telephone and other utility service for the
Onion Branch Lift Station to be placed in the name of
Austin and Round Rock and upon the initiation of such
service in the name of Austin and Round Rock, the WCID
will cause the termination of electric, telephone and
other utility service accounts for the Onion Branch Lift
Station currently held in the name of the WCID;
(e) Expenses for District Legal, Accounting and Other
Expenses Incurred in Association With Termination. Austin
and Round Rock understand that the termination of the
Wastewater Disposal Agreement will result in unbudgeted
reasonable expenses for legal, accounting and other
services, the cost of which will be shared equally by
Austin and Round Rock. Austin and Round Rock hereby agree
to provide $10,000.00 each for deposit to the System
TERMINATION AGREEMENT
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Construction Account with the total sum of $20,000.00 so
derived to be used for such reasonable expenses, which
sums will be funded to the WCID in advance upon request.
If it appears that said reasonable termination
expenditures will exceed $20,000.00, the WCID may request
additional funds from Austin and Round Rock. The balance
left upon termination, if any, shall be refunded in equal
shares. to Austin and Round Rock;
(f) Delivery and Distribution of Furniture, Equipment and
Supplies. Within thirty (30) days from the execution
hereof, Austin and Round Rock shall prepare and deliver
to the WCID a plan for delivery and distribution of all
furniture, equipment, and supplies now in the possession
of the WCID to Austin and Round Rock which plan shall
make provision for the proposed distribution and for
transportation and delivery of same to Austin and Round
Rock on or before the Termination Date;
(g) Transfer of Easements and Other Interests in Real Estate
Acquired for the System. On or before the Termination
Date, the WCID shall prepare, execute and deliver to
Austin and Round Rock an appropriate assignment or other
instrument transferring to Austin and Round Rock all
easements and other interests in land acquired by the
WCID for the System, provided that such assignment or
transfer shall in no way affect other easements or rights
held by the WCID not connected directly with the System;
the form and content of the assignment or other
instrument of transfer shall be subject to review and
approval by Austin and Round Rock which approval shall
not be unreasonably withheld;
(h) Transfer of All Other Regional System Assets. On or
before the Termination Date, the WCID shall prepare,
execute and deliver to Austin and Round Rock a Bill of
Sale and Quitclaim transferring to Austin and Round Rock
all Regional System Assets save and except those
easements and interests in land separately transferred as
above stated; the transfer evidenced by the Bill of Sale
and Quitclaim shall be effective upon the Termination
Date; the form and content of the Bill of Sale shall be
subject to review and approval by Austin and Round Rock
which approval shall not be unreasonably withheld; For
purposes of this Agreement, the term "Regional System
Assets" shall mean, without limitation, all physical and
intangible assets constituting the System or used for
construction, operation and maintenance of the System
such as , all equipment, wastewater collection lines,
lift stations and other equipment, fixtures, buildings,
supplies, inventory, warehouses, and appurtenances
acquired for construction, operation and maintenance of
the System; all easements and other interests in real
estate acquired for construction, operation or
TERMINATION AGREEMENT
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maintenance of the System or any component thereof; all
engineering studies and reports, plans and specifications
for System components; all bank accounts, receivables,
policies of insurance, and all other contract rights,
permits, consents, authorizations or other intangibles
acquired or entered into by virtue of the Wastewater
Disposal Agreement and which are reasonably necessary or
incidental to the design, construction, operation,
maintenance and administration of the System;
(i) Transfer and Acceptance of Regional System Obligations.
On or before the Termination Date, Austin and Round Rock
shall execute and deliver to the WCID an agreement of
assumption of all Regional System Obligations of the
WCID; the form and content of the instrument of
assumption shall be subject to the review and approval of
the WCID, which approval shall not be unreasonably
withheld;
(j) Termination of Interim Wastewater Disposal Agreement. On
or before the Termination Date, the parties agree to
execute and deliver documents evidencing the termination
of that certain "Interim Wastewater Disposal Agreement"
dated January 30, 1989; and
(k) Payment to WCID for Agreed Termination, Transfer of
Assets and Settlement of Claims. In consideration for the
agreed termination of the Wastewater Disposal Agreement
as requested by Austin and Round Rock, the transfer to
Austin and Round Rock of all Regional System Assets and
Regional System Obligations in accordance with this
' Agreement and the full and final settlement and release
of all claims arising under the Wastewater Disposal
Agreement, Austin and Round Rock agree to pay to the WCID
on or before the Termination Date the sum of Ninety -two
Thousand Five Hundred Ninety -eight Dollars ($92,598.00),
one -half to be paid by Austin and one -half to be paid by
Round Rock.
1.06 Regional Designation. Within thirty (30) days from the
date of execution hereof, the WCID shall initiate proceedings in
the Commission for the designation of Austin and Round Rock as the
regional provider of wastewater services for the corporate limits
of Austin and Round Rock and those portions of the extraterritorial
jurisdiction of Austin and Round Rock located in the Brushy Creek
Watershed, with the understanding that the WCID shall retain its
designation as the regional provider of wastewater services within
its area and outside the extraterritorial jurisdictions of Austin
and Round Rock. Austin and Round Rock agree to cooperate with the
WCID in such designations.
1.07 Mutual Release. Upon the written certification by the
authorized representatives of Austin, Round Rock and the WCID that
all conditions precedent to termination described above have been
TERMINATION AGREEMENT
Page - -6
fully performed according to the terms of this Agreement, the
parties mutually agree and do hereby release and forever discharge
one another and their respective officers, employees, agents,
representatives, successors and assigns of and from any and all
claims, demands, suits, or causes of action among one another of
whatever kind or nature, at law or in equity, whether now known or
not known, that now exist or could arise, directly or indirectly,
under, by virtue of, or in connection with the Wastewater Disposal
Agreement or any resolution, or other official actions of the
parties, their respective officers, employees, agents,
representatives, successors, and assigns regarding the Wastewater
Disposal Agreement.
1.08. Liability for "Operation and Maintenance Expense."
Austin and Round Rock shall remain responsible for the payment of
any Operation and Maintenance Expense as defined in Section
1.01(cc) of the Wastewater Disposal Agreement. Notwithstanding the
above, Austin and Round Rock shall not be required to pay the cost
of liability insurance for the WCID and its directors and employees
nor any management fee after the Termination Date. The foregoing
obligation shall be subject to the following:
(a) The WCID shall promptly provide Austin and Round Rock
with written notice of any claim for payment of Operation
and Maintenance Expense, and Austin and Round Rock shall
have the right to contest the validity of any such claim,
and;
(b) Austin and Round Rock shall have the right to select
legal counsel for the defense of such claims subject to
the right of the WCID to review and approve the same,
which approval shall not be unreasonably withheld or
delayed;
(c) Austin and Round Rock shall have the right and authority
to determine, plead and bring forward in the defense of
any such claim any and all pleadings, motions, defenses,
counterclaims, appeals or other legal actions or remedies
that Austin and Round Rock shall deem necessary or
advisable;
(d) The WCID shall cooperate with Austin and Round Rock in
all aspects of the defense of such claims;
(e) Austin and Round Rock shall have the full power and
authority to prosecute and defend the litigation, settle
the litigation, appeal any judgment or order, and
otherwise pursue the litigation as Austin and Round Rock
may elect, it being understood that Austin and Round Rock
shall bear the entire cost of the litigation, settlement
or judgment so determined or incurred;
(f) The WCID agrees to obtain the written consent of Austin
and Round Rock prior to undertaking any action that may
TERMINATION AGREEMENT
Page - -7
adversely affect the cost or potential outcome of the
litigation; and
(h) The obligation to pay Operation and Maintenance Expense
set forth herein shall not apply to any litigation
brought by Austin and Round Rock against the WCID to
enforce the terms of this Agreement.
1.09 Final Bill. Austin and Round Rock agree that the final
bill for wastewater treatment services due from Austin for the
period of time prior to the Termination Date and the date of the
last previous bill, shall be sent by Round Rock directly to Austin
and Austin shall pay the amount due directly to Round Rock. The
WCID shall have no obligation with respect to the aforesaid final
billing for wastewater treatment services.
1.10 Audit. On or before the Termination Date, the District
shall order an audit of the finances of the System from the date of
the last audit of the WCID up to the Termination Date. The audit
will be performed in accordance with generally accepted accounting
standards by an independent accounting firm approved by the WCID,
Austin and Round Rock. Upon completion thereof, a true copy of the
audit shall be provided by the WCID to Austin and Round Rock.
TERMINATION AGREEMENT
Page - -8
II.
TERMINATION OF THIS AGREEMENT
This Agreement shall terminate and be of no further
force and effect if not completed one year from the date hereof.
III.
GENERAL PROVISIONS
The following general provisions shall apply to this Agreement:
(a) Cooperation. The parties agree to cooperate with each other in
good faith at all times to effectuate the purposes and intent
of this Agreement.
(b) Payment From Current Revenues. Payment for obligations arising
hereunder shall be from current revenues or other funds of the
obligor lawfully available for this purpose.
(c) Entire Agreement. This Agreement contains the entire agreement
of the parties and supersedes all prior and contemporaneous
understandings or representations, whether oral or written,
respecting the subject matter hereof.
(d) Severability. If any section of this Agreement is declared
invalid for any reason, the invalidity of that section shall
not affect the validity of any other section of this
Agreement, and all other sections shall remain in full force
and effect.
(e) Amendments. Any amendment hereof must be in writing and signed
by the authorized representative for all parties.
(f) No Modification of Other Agreements. Except as expressly set
forth herein, this Agreement shall not be construed to breach,
modify, supplement or otherwise alter the provisions of any
other agreement entered into by and between Austin and Round
Rock or Austin, Round Rock and the District or any agreement
between any of said parties and third person(s).
(g) Applicable Law. This Agreement shall be construed under and in
accordance with the laws of the State of Texas.
(h) Other Instruments, Actions. The parties hereto agree that they
will take such other and further actions and execute and
deliver such other and further consents, authorizations,
instruments or documents as are necessary or incidental to
effectuate the purposes of this Agreement.
(i) No Third Party Beneficiaries. Except as expressly provided
above, nothing herein shall ever be construed to confer upon
any person other than the parties hereto any rights, benefits
or remedies under or by reason of this Agreement.
(j) No Joint Venture, Partnership, Agency. This Agreement shall
not be construed in any form or manner to establish a
partnership, joint venture or agency, express or implied, nor
any employer employee or borrowed servant relationship by and
among the parties hereto.
(k) Force Majeure. If, by reason of Force Majeure (as hereinafter
defined), any party shall be rendered wholly or partially
unable to carry out its obligations under this Agreement, then
such party shall give written notice of the particulars of
such Force Majeure to the other party or parties within a
reasonable time after the occurrence thereof. The obligations
of the party giving such notice, to the extent affected by
such Force Majeure, shall be suspended during the continuance
of the inability claimed and for no longer period, and any
such party shall in good faith exercise its best efforts to
remove or overcome such inability. The term "Force Majeure" as
utilized herein shall mean and refer to acts of God; strikes
lockouts or other industrial disturbances; acts of public
enemies; orders of any kind of the government of the United
States, the State of Texas, or any other civil or military
authority; insurrections; riots; epidemics; landslides;
earthquakes; lightning; fires; hurricanes, storms, floods,
washouts, droughts or other natural disasters; arrests;
restraint of government and people; civil disturbances;
explosions; breakage or accidents to machinery, pipelines or
TERMINATION AGREEMENT
Page - -9
canals; or other causes not reasonably within the control of
the party claiming such inability.
(1) Venue. Venue for any suit arising hereunder shall be in
Williamson County.
(m) Duplicate Originals. This Agreement may be executed
simultaneously in duplicate originals each of equal dignity.
(n) Effective Date. This Agreement shall be effective from and
after the date of due execution hereof by the authorized
representatives of Austin, Round Rock and the District.
IN WITNESS WHEREOF, the authorized representatives of the
parties have executed this Agreement for Termination of Brushy
Creek Regional Wastewater Disposal Agreement on the date(s) set
forth below.
ATTEST: CITY OF AUSTIN:
By: Name:
James E. Aldridge
City Clerk Title:
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST: CITY OF ROUND ROCK:
By: Name:
Joanne Land Charles Culpepper, Mayor
City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
TERMINATION AGREEMENT
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Date:
Date:
ATTEST:
By:
Board Secretary
APPROVED AS TO FORM:
James Miles, General Counsel
THE STATE OF TEXAS )
COUNTY OF TRAVIS )
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON )
TERMINATION AGREEMENT
Page - -11
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAMSON AND MILAM COUNTIES:
Name:
Title:
Date:
THIS AGREEMENT was acknowledged before me on this day of
, 1994 by of
the City of Austin, Texas, a municipal corporation, on behalf of
said municipal corporation.
Notary Public, State of Texas
Typed /Printed Name of Notary
My Commission Expires:
THIS AGREEMENT was acknowledged before me on this day of
, 1994 by Charles Culpepper, Mayor of the City of
Round Rock, Texas, a municipal corporation, on behalf of said
municipal corporation.
Notary Public, State of Texas
Typed /Printed Name of Notary
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON )
THIS AGREEMENT was acknowledged before me on this day of
, 1994 by of
the Brushy Creek Water Control and Improvement District No. 1 of
Williamson and Milam Counties, a conservation and reclamation
district, on behalf of said district.
TERMINATION AGREEMENT
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Notary Public, State of Texas
Typed /Printed Name of Notary
My Commission Expires:
TERMINATION AGREEMENT
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EXHIBIT "A"
(INVENTORY OF SYSTEM ASSETS)
TERMINATION AGREEMENT
Page - -14
EXHIBIT "B"
(Regional System Obligations)