R-96-06-27-10C - 6/27/1996Austin, and the Brushy Creek Water Control and Improvement District
No. 1 of Williamson and Milam Counties have previously entered into
that one certain Agreement for Termination of Brushy Creek Regional
Wastewater Disposal Agreement ( "Termination Agreement "), and
WHEREAS, the aforesaid parties wish to amend the Termination
Agreement so that it is implemented without regard to the
redesignation of a regional entity for the upper Brushy Creek
Watershed, 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 an Agreement Regarding Regional Designation, a
copy of said agreement being attached hereto and incorporated
herein for all purposes.
RESOLVED this 27th day of, June, 1996.
ATTEST:
WHEREAS, the City of Round Rock ( "City "), the City of
NE LAND, City Secretary
R. \IiPDOCS \RSSOLUTI \RS60627C.W DJscg
RESOLUTION NO. R- 96- 06- 27 -10C
CHARLES CULPEPp , Mayor
City of Round Rock, Texas
THIRD AMENDMENT TO AGREEMENT FOR
TERMINATION OF BRUSHY CREEK REGIONAL WASTEWATER
DISPOSAL AGREEMENT AND
AGREEMENT REGARDING REGIONAL DESIGNATION
This Agreement is entered into among the following entities:
1. Brushy Creek Water Control and Improvement District No. 1 of Williamson and
Milam Counties (the "District ");
2. The City of Austin ( "Austin ");
3. The City of Round Rock ( "Round Rock ");
4. The Lower Colorado River Authority ( "LCRA "); and
5. The Brazos River Authority ( "BRA ").
The referenced parties hereby agree as follows:
Section 1. Austin, Round Rock and the District agree that that certain "Agreement for
Termination of Brushy Creek Regional Wastewater Disposal Agreement" effective
September 19, 1994, as amended on September 18, 1995, and March 19, 1996 (collectively, the
"Termination Agreement ") is hereby further amended to delete Section 1.06 relating to proposed
changes to the Texas Natural Resource Conservation Commission ( "TNRCC ") rules at 31 TAC
351.111 et seq., relating to designation of the upper portion of the Brushy Creek Watershed as
a regional management area. Austin, Round Rock and the District shall implement the
Termination Agreement without regard to said section.
Section 2. Austin, Round Rock, the District, LCRA and BRA all agree to jointly request
that the TNRCC repeal the rules currently codified at 31 TAC 351.111 et seq., designating the
upper portion of the Brushy Creek Watershed as a regional management area and providing that
the District is the regional designated entity which provides service in such area. All expenses
incurred by the District in cooperating with the efforts of Austin, Round Rock, LCRA and BRA
to petition for and effect such repeal shall be reimbursed to the District by LCRA. All such
expenses of the District shall be reasonable in amount and are subject to review and approval
by LCRA, which review and approval will not be unreasonably withheld or delayed. All
approved invoices from the District are payable within thirty (30) days after receipt. In the
event that TNRCC does not approve the parties' request to repeal the aforesaid rules, then the
parties agree to jointly petition the TNRCC to transfer and assign the regional designation from
the WCID to one or more of the other parties, as appropriate.
Agreed to as of the dates indicated below and effective upon approval by the last of such
entities to approve and execute this Agreement.
Tnwtyhmrm.gcamd
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
By:
Date:
CITY OF AUSTIN
By:
Date:
CITY OF ROUND ROCK
By:
Date:
LOWER COLORADO RIVER AUTHORITY
BRAZOS RIVER AUTHORITY
By:
Date:
Agreed to as of the dates indicated below and effective upon approval by the last of such
entities to approve and execute this Agreement.
1bruskAtelmagtamd
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
By:
Date:
CITY OF AUSTIN
By:
Date:
CITY OF ROUND ROCK
By:
Date:
LOWER COLORADO RIVER AUTHORITY
By:
Date:
BRAZOS RIVER AUTHORITY
Date: 6 /i
By:
Agreed to as of the dates indicated below and effective upon approval by the last of such
entities to approve and execute this Agreement.
BRUSHY CREEK WATER CONTROL AND
Abrilshy1lennagLaxod
IMPROVEMENT DISTRICT NO. 1
By:
Date:
CITY OF AUSTIN
By:
Randy Goss, Director, Water & Wastewater Utility
Date: 7- r- 9�
CITY OF ROUND ROCK
By:
Date:
LOWER COLORADO RIVER AUTHORITY
By:
Date:
BRAZOS RIVER AUTHORITY
By:
Date:
Agreed to as of the dates indicated below and effective upon approval by the last of such
entities to approve and execute this Agreement.
\buhyIarod
BRUSHY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
By:
Date:
CITY OF AUSTIN
By:
Date:
CITY OF ROUND ROCK
By: le 4.
Date: (.01 211 9,4
LOWER COLORADO RIVER AUTHORITY
By:
Date:
BRAZOS RIVER AUTHORITY
By:
Date:
Agreed to as of the dates indicated below and effective upon approval by the last of such
entides to approve and execute this Agreement.
ww,sylwmsgt.®d
BRUSHY CREEK WATER CONTROL. AND
IMPROVEMENT DISTRICT NO. 1
By:
Date: Ill 61f
CITY OF AUSTIN
By:
Date.
CITY OF ROUND ROCK
By:
Date'
LOWER COLORADO RIVER AUTHORITY
By:
Date:
BRAZOS RIVER AUTHORITY
By:
41.277) 41, 1
Date:
72
DATE: June 25, 1996
SUBJECT: City Council Meeting, June 27, 1996
ITEM: 10.0 Consider a resolution authorizing the
Mayor to execute an agreement amending
the Termination Agreement with the Brushy
Creek WCID
STAFF RESOURCE PERSON: Steve Sheets and /or Jim Nuse
STAFF RECOMMENDATION: Approval of the resolution
This amendment will allow for the Termination Agreement to be
consummated without the TNRCC first amending or repealing the Rules
which designate the WCID as the regional entity in the upper Brushy
Creek watershed. The amendment also provides that the BRA and LCRA
will assist in the application process to request that the Rules be
amended or repealed.
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