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R-95-09-14-10E - 9/14/1995BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF WILLIAMSON AND MILAM COUNTIES P.O. Box 882 102 W. 3rd St. Taylor, Texas 76574 Mr. Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 -5246 JSM:kg enclosure September 25, 1995 Re: Original; First Amendment to Agreement for Termination of Brushy Creek Regional Wastewater Disposal Agreement Dear Steve: Enclosed is one (1) fully executed original of the referenced document. Ve truly yohrs, James S. Miles General Counsel (512) 365 -8411 FIRST AMENDMENT TO AGREEMENT FOR TERMINATION OF BRUSHY CREEK REGIONAL WASTEWATER DISPOSAL AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON § § This First Amendment to Agreement for Termination of Brushy Creek Regional Wastewater Disposal Agreement ( "First Amendment ") is entered into effective as of September 18, 1995, by and among the City of Austin ( "Austin "), the City of Round Rock ( "Round Rock "), and the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties ( "the WCID "), and is as follows: Recitals Whereas, Austin, Round Rock, and the WCID entered into that one certain Agreement for Termination of Brushy Creek Regional Wastewater Disposal Agreement ( "Termination Agreement "), which was effective as of the 19th day of September, 1994, and Whereas, Austin, Round Rock, and the WCID wish to amend and revise the Termination Agreement as provided below, Now Therefore; For and In Consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the undersigned, Austin, Round Rock, and the WCID do hereby amend and modify the Termination Agreement as follows: C:\ weoo ,S\ CITY' \AEGww \FIASTU.D.WPD /sis 1 I. Section II is hereby amended to read as follows: II. TERMINATION OF THIS AGREEMENT This Agreement shall terminate and be of no further force and effect if not completed eighteen months from the effective date hereof, which date shall be March 19, 1996; and, provided however, that in consideration of this extension of termination, Austin and Round Rock agree that if this Agreement is so terminated by expiration of time, the sum provided to be paid by Austin and Round Rock to the District pursuant to Section 6.09 of the Wastewater Disposal Agreement between Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties, the City of Austin and the City of Round Rock dated April 11, 1988, as amended, shall be paid by Austin and Round Rock to the District as therein provided. The City of Austin and the City of Round Rock further agree that if this Termination Agreement is not completed and is itself terminated on March 19, 1996, by reason of expiration of this amendment, the cities of Austin and Round Rock shall cooperate in securing the re- transfer of the wastewater discharge permit described in Section 1.05(b) back to the District. These provisions as to payment and re- transfer of the permit shall survive this Agreement and remain fully binding on Austin and Round Rock following termination pursuant to this Section II. II. To the extent necessary to effect the terms and provisions of this First Amendment, the Termination Agreement is hereby amended and modified. In all other respects, the Termination Agreement is hereby ratified and confirmed. In Witness Whereof, the parties hereto have caused this First Amendment to be executed by their proper, duly authorized officers, all as the day and year first above set forth. 2 ATTEST: ATTEST: By: John Tresriicky, Q Assistant City Att'y ATTEST: By: By: City Clerk oanne Land, City Secretary Secretary APP'OVED AS TO FOR St;phan L. Sheets, Ci y Attorney Billy anks, mes 'iles, eral Counsel CITY OF A Name: Titl By: 3 istant City Manager Date: September 15, 1995 CITY O R UND ROCK: Charles C Tepper, Mayor Date: f7 14 I1 ( BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF WILLI ON AND MILAN COUNTIES BY: retie -e � -.,6i Roscoe Conley, Presiden — & Date: - 614Q( lg loos RESOLUTION NO. R- 95- 09- 14 -10E WHEREAS, the cities of Austin and Round Rock, and the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties ( "the WCID ") entered into that one certain Agreement for Termination of Brushy Creek Regional Wastewater Disposal Agreement ( "Termination Agreement "), which was effective as of the 19th day of September, 1994, and WHEREAS, Austin, Round Rock, and the WCID wish to amend and revise the Termination Agreement to extend the expiration date thereof by approving the attached First Amendment to Agreement for Termination of Brushy Creek Regional Wastewater Disposal Agreement ( "First Amendment "), Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the First Amendment, a copy of which is attached hereto as Exhibit "A ". RESOLVED this 14th day of September, 1995. ATTEST: x: \aesocoxi \xsso9lac.weo /kg LAND, City Secretary CHARLES AYPEPPER, Mayor City of Round Rock, Texas FIRST AMENDMENT TO AGREEMENT FOR TERMINATION OF BRUSHY CREEK REGIONAL WASTEWATER DISPOSAL AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON § § This First Amendment to Agreement for Termination of Brushy Creek Regional Wastewater Disposal Agreement ( "First Amendment ") is entered into effective as of September 18, 1995, by and among the City of Austin ( "Austin "), the City of Round Rock ( "Round Rock "), and the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties ( "the WCID "), and is as follows: Recitals Whereas, Austin, Round Rock, and the WCID entered into that one certain Agreement for Termination of Brushy Creek Regional Wastewater Disposal Agreement ( "Termination Agreement "), which was effective as of the 19th day of September, 1994, and Whereas, Austin, Round Rock, and the WCID wish to amend and revise the Termination Agreement as provided below, Now Therefore; For and In Consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the undersigned, Austin, Round Rock, and the WCID do hereby amend and modify the Termination Agreement as follows: c \ WFDOCS \CITy\Recww\FIRSTA4,wen /sI: 1 EXHIBIT ,A " I. Section II is hereby amended to read as follows: II. TERMINATION OF THIS AGREEMENT This Agreement shall terminate and be of no further force and effect if not completed eighteen months from the effective date hereof, which date shall be March 19, 1996; and, provided however, that in consideration of this extension of termination, Austin and Round Rock agree that if this Agreement is so terminated by expiration of time, the sum provided to be paid by Austin and Round Rock to the District pursuant to Section 6.09 of the Wastewater Disposal Agreement between Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties, the City of Austin and the City of Round Rock dated April 11, 1988, as amended, shall be paid by Austin and Round Rock to the District as therein provided. The City of Austin and the City of Round Rock further agree that if this Termination Agreement is not completed and is itself terminated on March 19, 1996, by reason of expiration of this amendment, the cities of Austin and Round Rock shall cooperate in securing the re- transfer of the wastewater discharge permit described in Section 1.05(b) back to the District. These provisions as to payment and re- transfer of the permit shall survive this Agreement and remain fully binding on Austin and Round Rock following termination pursuant to this Section II. II. To the extent necessary to effect the terms and provisions of this First Amendment, the Termination Agreement is hereby amended and modified. In all other respects, the Termination Agreement is hereby ratified and confirmed. In Witness Whereof, the parties hereto have caused this First Amendment to be executed by their proper, duly authorized officers, all as the day and year first above set forth. 2 ATTEST: By: APPROVED AS TO FORM: By: ATTEST: CITY OF ROUND ROCK: By: By: By: ATTEST: By: By: James E. Aldridge City Clerk John Tresnicky, Assistant City Att'y Joanne Land, Charles Culpepper, Mayor City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney CITY OF AUSTIN: Name: Title: Date: APPROVED AS TO FORM: James Miles, General Counsel Date: Billy Banks, Secretary By: BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF WILLIAMSON AND MILAM COUNTIES Date: 3 Roscoe Conley, President DATE: September 12, 1995 SUBJECT: City Council Meeting, September 14, 1995 ITEM: 10E. Consider a resolution authorizing the Mayor to execute an agreement extending the agreement to terminate the wastewater disposal agreement with Brushy Creek WCID. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: On September 19, 1994, an agreement to terminate the Brushy Creek WCID's participation in Regional Sewer was reached. Several items were to be accomplished during the next year. Due to significant changes to Austin's ETJ, all of these items were not done and a six month extension is requested. Staff recommends execution of the extension.