R-96-03-14-10G - 3/14/1996BRUSHY 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
Re: Second 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.
Very1 truly yours,
cc: Randy J. Goss
April 12, 1996
o r,/
Jams S. Miles
General Counsel
(512) 365 -8411
RESOLUTION NO. R- 96- 03- 14 -10G
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 "), and
WHEREAS, Austin, Round Rock, and the WCID entered into that one
certain First Amendment to Agreement for Termination of Brushy Creek
Regional Wastewater Disposal Agreement which extended the expiration date
of the Termination Agreement from September 19, 1995 to March 19, 1996,
and
WHEREAS, Austin, Round Rock, and the WCID now wish to amend and
revise the Termination Agreement to extend the expiration date as
provided below, 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 Second Amendment to Agreement for Termination of
Brushy Creek Regional Wastewater Disposal Agreement, a copy of said
Second Amendment being attached hereto and incorporated herein for all
purposes.
RESOLVED this 14th day of March, 1996.
ATTEST:
C.\ 14PDOCS \HESOLUTI \HS6D314G.HPD /kg
LAND, City Secretary
HARLES "�� Pr %DER, Mayor
City of Roun. Rock, Texas
SECOND AMENDMENT TO AGREEMENT FOR TERMINATION OF
BRUSHY CREEK REGIONAL WASTEWATER DISPOSAL AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
C: \WPDOCS\ACITY \REGWW \TEPMMAGM \SEC AMD.WPD /s1s
This Second Amendment to Agreement for Termination of Brushy
Creek Regional Wastewater Disposal Agreement ( "Second Amendment ")
is entered into effective as of March 18, 1996, 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 entered into that
one certain First Amendment to Agreement for Termination of Brushy
Creek Regional Wastewater Disposal Agreement which extended the
expiration date of the Termination Agreement from September 19,
1995 to March 19, 1996, and
Whereas, Austin, Round Rock, and the WCID now wish to amend
and revise the Termination Agreement to extend the expiration date
as provided below, Now Therefore;
1
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:
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 two (2) years from the
effective date hereof, which date shall be September 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
September 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.
2
II.
To the extent necessary to effect the terms and provisions of
this Second 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 Second
Amendment to be executed by their proper, duly authorized officers,
all as the day and year first above set forth.
APPROVED AS TO FORM:
By:
ATTEST:
By:
Nancy Matchus,
Assistant City Att'y
Joanne Land,
City Secretary
APPROV
Bv:
AS TO FO M:
St_phan L. Sheets
Ci y Attorney
CITY OF AUSTIN:
Name:
Title:
Date:
CITY OF ROUND ROCK:
By : ��z..---
Date: 3- 1 4 -q Cp
3
Earl Palmer, Mayor Pro -tem
II.
To the extent necessary to effect the terms and provisions of
this Second 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 Second
Amendment to be executed by their proper, duly authorized officers,
all as the day and year first above set forth.
APPROVED AS TO FORM:
By:
ATTEST:
Nar' Matchus
Assistant City Attorney
Joanne Land
City Secretary
APPROVED AS TO FORM:
By:
Stephan L. Sheets
City Attorney
CITY OF AUSTIN:
Name:
Jim Smith
Assistant City Manager
CITY OF ROUND ROCK:
By: By:
Charles Culpepper, Mayor
Date:
3
ATTEST:
By:
Billy B'n s,
Secretary
APPROVD AS TO FORM:
By:
es Miles,
ral Counsel
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF
WILLIAM ON AND MILAM COUNTIES
By: e
Roscoe S C ley, President
Date:
4
DATE: March 12, 1996
SUBJECT: City Council Meeting - March 14, 1996
ITEM: 10.G. Consider a resolution authorizing the Mayor to execute A
Second Amendment To Agreement For Termination of Brushy
Creek Wastewater Disposal Agreement.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
The Termination Agreement will expire on March 19, 1996, unless it is extended.
Because of the pending discussion with the LCRA /BRA Alliance regarding regional
wastewater, it is desirable to once again extend the expiration date. The purpose of
this Second Amendment is to extend the Termination Agreement to September 19,
1996.