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R-94-08-11-10A - 8/11/1994RESOLUTION NO. - q - 08-11- /OA- WHEREAS, on April 23, 1994 Brushy Creek Municipal Utility District ( "BCMUD ") filed an application with the Texas Natural Resource Conservation Commission ( "TNRCC ") for the renewal of its permit to discharge treated wastewater into Brushy Creek, and WHEREAS, on October 27, 1993 BCMUD filed a major amendment to its application to increase the maximum rate of discharge from 0.45 MGD to 0.90 MGD, and WHEREAS, the City of Round Rock ( "City ") filed with the TNRCC a protest of the amended application for renewal, and WHEREAS, BCMUD and the City wish to resolve their differences in the matter of the renewal of the discharge permit without litigation by approving the attached AGREEMENT; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OR ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an AGREEMENT with BCMUD, a copy of said AGREEMENT being attached hereto and incorporated herein for all purposes. AUGIIS3 RESOLVED this 11th day of - -: . ;;, 1994. 1 CHARLES C P:' ?•ER, Mayor City of Round Rock, Texas ATTEST: ES RESOLUTIONS RS40811A LAND, City Secretary STATE OF TEXAS S COUNTY OF WILLIAMSON § WHEREAS, Brushy Creek Municipal Utility District (hereinafter "the District ") filed 'its application for renewal of Domestic Wastewater Discharge Permit No. 11865 -01 with the Texas Natural Resource Conservation Commission (hereinafter "TNRCC ") on April 23, 1992; and WHEREAS, the TNRCC issued a draft proposed permit for renewal of permit no. 11865 -01 at a daily average flow of effluent not'to exceed 0.45 MGD on October 28, 1992; and WHEREAS, the City of Round Rock filed a protest with the TNRCC AGREEMENT of the District's renewal application on December 29, 1992. The City requested a hearing and that it be granted party status; and WHEREAS, on October 27, 1993 the District filed a major amendment to its application for permit to discharge, requesting, inter alia, approval for initial discharge maximum of 0.45 MGD, intermediate phase of 0.675 MGD, and final phase of 0.90 MGD. The amendment was to provide for ultimate needs of Brushy Creek South at build -out;, and WHEREAS, on November 4, 1993 the District and the City of Austin entered into "Agreement For Wholesale Wastewater Service Between City of Austin and Brushy Creek Municipal Utility District" which provides the District, inter alia, with increments of wholesale wastewater service through Austin's participation in the Page 1 of 5 Regional Facility when that facility is completed. The Agreement also provides that the District will discontinue operating its South Wastewater Treatment Plant (Permit No. 11865 -001) within ninety (90) days following written notification by Austin that it can provide transportation and treatment capacity for a wet weather peak flow of 4,450 gallons per minute (gpm); and WHEREAS, the current projection for completion of the Regional Wastewater Treatment Facility is first quarter 1996; and WHEREAS, Brushy Creek Municipal Utility District must provide adequate and continuous wastewater service within its service territory; and WHEREAS, in the event the Regional Treatment Facility is not completed by first quarter 1996, the District may need interim treatment and transportation capacity; and WHEREAS, the District and the City of Round Rock wish to resolve their differences in the matter of the renewal of the District's discharge Permit No. 11865 -01 by the TNRCC without litigation, and the TNRCC Staff is aware of and approves the method and mechanics the City and the District have chosen for such resolution, now therefore it is agreed between the City of Round Rock and the District: 1. The District agrees to withdraw its Application for Permit No. 11865 -01 for discharge at the levels: 0.45 MGD initial, 0.675 MGD intermediate, and 0.90 MGD final phase. 2. The District agrees to seek a five year renewal of its permit no. 11865 -01 as filed with the TNRCC on April 23, 1992 for Page 2 of 5 daily average flow of effluent not to exceed 0.45 MGD. 3. The City of Round Rock agrees to withdraw its protest of renewal of Permit No. 11865 - 01 at the 0.45 MGD level. 4. This agreement between Round Rock and the District is conditioned upon the approval of the TNRCC Staff of said withdrawal of the District's application for increased discharge flows and .reinstatement of the renewal application filed at the TNRCC on April 23, 1992 at the current 0.45 MGD discharge level. 5. The District has a contract with the City of Austin for wholesale wastewater treatment and transportation through the Regional Facility which facility is expected to be completed by first quarter 1996. If the Regional Wastewater Treatment Facility is not completed by the later of first calendar quarter 1996 or when the District needs such additional service or capacity, the City of Round Rock agrees to allow the District to construct and operate, at the District's expense, a treatment facility at Round Rock's site or the regional site to meet the needs created by new development, up to a maximum treatment for 0.45 MGD additional capacity. Said additional treatment shall be in addition to the District's 0.45 MGD treatment capacity provided under Permit No. 11865 -01. The City of Round Rock will cooperate with the District to obtain the additional interim treatment at Round Rock's site, including, but not limited to, obtaining the required approvals from the TNRCC or successor agency; use of Round Rock's or the region's discharge permit; use of space at Round Rock's location at no charge until the Regional Facility is complete and adequate Page 3 , of 5 service therefrom available to the District pursuant to its agreement with the City of Austin entitled "Agreement For Wholesale Wastewater Service Between City of Austin and Brushy Creek Municipal Utility District ", executed November 4, 1993. 6. Pursuant to its Wastewater Agreement with the City of Austin executed November 4, 1993, the District agrees to disconnect and decommission its South plant operating under Permit No. 11865- 01 following notification by Austin to the District that it can provide transportation and treatment capacity for a wet weather peak flow of 4,450 gallons per minutes (gpm). 7. For good and valuable consideration as stated herein, the Parties freely enter this agreement. 8. Both Round Rock City Council and the Brushy Creek Municipal Utility District Board of Directors have approved execution of this agreement. CHRISTINER MARTINEZ Notary PRAea, Slav al Tens MiCanmisslan Ectres 0845-97 CITY OF ROUND ROCK:S+ Page 4 of 5 STATE OF TEXAS § COUNTY OF WILLIAMSON § This ins rument was acknowledged efore me on this 11 - day of 1994, by C,14At. rJ CuLP PP5 Notary Public STATE OF TEXAS § COUNTY OF WILLIAMSON § ' T�1is instrument was acknowledge ( d � / b ' efore 1i o pp th's pt day of IAAA(`Aro , 1994, by 1 9,?Y7P) N/. V Aa,_ • G BARBARA BRINCHMAN MY COMMISSION EXPIRES August 16, 1997 Page 5 of 5 BRUSHY CREEK MUNICIPAL UTILITY DISTRICT r�Ric and Shackelford, resident Notary Public v„2 DATE: August 9, 1994 SUBJECT: City Council Meeting, August 11, 1994 ITEM: 10.A. Consider a resolution authorizing the Mayor to enter into a settlement agreement with Brushy Creek MUD regarding its application to amend its wastewater discharge permit. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: The City filed a protest of Brushy Creek MUD's application to amend its permit to double its discharge permit from 0.45 MGD to 0.90 MGD. Brushy Creek MUD has agreed to withdraw its amendment to double the capacity, if the City will withdraw its protest. Staff recommeds approval.