R-97-01-09-10D - 1/9/1997WHEREAS, the Brazos River Authority ( "BRA ") the City of
Georgetown, the City of Round Rock ( "City "), and the Jonah Water
Supply Corporation (n /k /a Jonah Water Special Utility District)
entered into that one certain Williamson County Regional Raw Water
Line Agreement ( "Base Agreement ") on June 30, 1986, and
WHEREAS, the above named parties to the Base Agreement wish
to amend same to provide that, among other things, that preliminary
engineering should begin immediately, and
WHEREAS, BRA has prepared a document entitled Amendment No.
1 to Williamson County Regional Raw Water Line Agreement, which the
City Council wishes to approve, 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 Amendment No. 1 to Williamson County
Regional Raw Water Line Agreement, a copy of which is attached
hereto and incorporated herein as Exhibit A.
RESOLVED this 9th day of January, 1997.
ATTEST:
Qm n1ei an
E LAND, City Secretary
K.\ WPDOCS \RRSOLUTI \RS70109D.HPD /s10
RESOLUTION NO. R- 97- 01- 09 -10D
i(PZ 1
CHARLES CULLPEP_ER Mayor
City of Round Rock, Texas
AMENDMENT NO. 1
TO
WILLIAMSON COUNTY REGIONAL RAW WATER LINE AGREEMENT
AGREEMENT made and entered into this 1 - day of
JANU R 1991
, 199fr, between and among BRAZOS RIVER AUTHORITY
( "Authority "), a river authority of the State of Texas, CITY
OF GEORGETOWN ( "Georgetown "), CITY OF ROUND ROCK ( "Round
Rock "), home rule cities of Williamson County, Texas, and
JONAH WATER SPECIAL UTILITY DISTRICT ( "Jonah "), a special
utility district located in Williamson County, Texas, with
Georgetown, Round Rock and Jonah being hereinafter called
"Customers ", amending agreement made and entered into June
30, 1986, between and among Authority, Georgetown, Round
Rock and Jonah Water Supply Corporation ( "Corporation ")
known as Williamson County Regional Raw Water Line Agreement
( "Base Agreement ").
1. RECITALS. Since the execution of Base Agreement,
Jonah has been organized and has succeeded to the rights and
obligations of Corporation. Base Agreement needs to be
amended to reflect this. Base Agreement provides, among
other things, that Authority will design, construct and
operate Project for the purpose of transporting raw water
diverted from Lake Stillhouse Hollow under Stillhouse Supply
Agreements to Lake Georgetown for availability to Customers
from Lake Georgetown. Authority has completed Preliminary
Design Phase. Though Authority has not heretofore adopted a
construction schedule specifying that Final Design and
Construction Phase will begin at or before this date, the
parties have determined that, because of the increasing
water demands on Lake Georgetown resulting from intense
population growth and the declining water level therein
resulting from the recent drought, the initial stages of
Final Design and Construction Phase consisting of the
preliminary engineering work which is part of that Phase
( "Preliminary Part I ") should begin immediately. It is
anticipated that Preliminary Part I can be completed in
approximately two months. Upon such completion, a decision
will be needed as to when and whether to proceed with
intermediate stages of Final Design and Construction Phase
consisting of the work required to bring Final Design and
Construction Phase to 60% of completion. Such intermediate
stages are hereinafter called Preliminary Part II.
Completion of Preliminary Part II will require 5 months from
the date on which work on it begins. It is possible that
rainfall in the coming months may alleviate the immediacy of
the need for Project. For this reason, Customers desire
some flexibility in timing the issuance of Bonds to finance
2
Final Design and Construction Phase which is not provided in
Base Contract in order that if inflows into Lake Georgetown
during such period make it prudent to do so, work on Final
Design and Construction Phase, in addition to Preliminary
Part I and, if it is undertaken pursuant hereto, Preliminary
Part II can be delayed with a resultant delay in the
commencement of the obligation of Customers to pay Debt
Service. Further, because of the timing of adoption of
budgets, it may be difficult for some of Customers to pay in
cash the costs incident to the work required in Preliminary
Part I and Preliminary Part II. To provide the desired
flexibility and delay in the commencement of Debt Service
payments and to provide financing assistance to Customers,
the parties have agreed that (a) Authority will begin
Preliminary Part I without issuing Bonds; (b) on or before
February 1, 1997, Board in consultation with the other
parties will determine whether to proceed with Preliminary
Part II without issuance of Bonds; (c) the cost of
Preliminary Part I and Preliminary Part II allocable to each
of each Customer will be paid, at the option of each
Customer, either with funds advanced by such Customer or
with funds of Authority; (d) costs paid with funds of
Authority will be reimbursed with interest by the Customer
3
to which same are allocable in five annual installments; (e)
on or before August 1, 1997, Board, in consultation with the
other parties, will determine whether to proceed with the
completion of Final Design and Construction Phase or to
suspend work thereon until a later date determined to be
appropriate under then existing conditions; and (f) and in
the interim, other appropriately located entities will be
offered the opportunity to become Additional Participants
under Base Agreement. Subsection 15(c)(i) of Base Agreement
provides for an interest rate determined with reference to
the base rate of interest established by InterFirst Bank
Dallas, N. A. That bank is no longer in existence.
Therefore, it is appropriate that Base Agreement be amended
to replace the reference to InterFirst Bank Dallas, N.A.
with a reference to a bank currently in operation. The
purposes of this Amendment No. 1 are to set forth the
agreement of the parties regarding immediate commencement of
Preliminary Part I, possible commencement of Preliminary
Part II, and financing, all with the flexibility desired by
the parties, and to make the amendments to Base Agreement
above specified to be appropriate.
2. DEFINITIONS. Definitions set forth in Base
Agreement shall apply to this Amendment No. 1.
4
3. JONAH. Jonah is substituted for Corporation as a
party to Base Agreement.
4. PRELIMINARY PART I. Authority agrees to
immediately proceed with and diligently pursue work on
Preliminary Part I in order that same can be completed on or
before January 1, 1997.
5. PRELIMINARY PART II. Prior to completion of
Preliminary Part I, Board shall, in consultation with the
other parties, determine whether Authority shall proceed
with Preliminary Part II upon completion of Preliminary Part
I. If Board determines to so proceed, Authority will
diligently pursue work on Preliminary Part II in order that
same can be completed on or by August 1, 1997. If Board
determines that Authority shall not so proceed, further work
on Design and Construction Phase will be deferred, until the
time specified in a construction schedule adopted by Board
in accordance with Section 8 of the Base Agreement.
6. PAYMENTS. Customers agree to pay to Authority an
amount equal to the cost of Preliminary Part I, agreed to be
the sum of $37,000, of which $15,868 shall be paid by
Georgetown, $18,627 shall be paid by Round Rock and $2,505
shall be paid by Jonah. If Authority determines to proceed
5
with Preliminary Part II as provided in Section 5, above,
Customers (and Additional Participants, if one or more
entities become such within the time specified below for
reallocation of the cost of Preliminary Part II as a result
of any entity becoming an Additional Participant) shall pay
to Authority an amount equal to the cost of Preliminary Part
II. Such cost is presently estimated to be $560,000.00, of
which, $240,184 is the amount estimated to be payable by
Georgetown, $281,904 is the estimated amount to be payable
by Round rock, and $37,912 is the estimated amount to be
payable by Jonah. Unless one or more entities shall become
an Additional Participant prior to the earliest date on
which any amount owing by any Customer on account of the
cost of Preliminary Part II becomes payable as hereinafter
provided, the actual cost of Preliminary Part II shall be
allocated among Customers in the proportions provided above
for the allocation of the estimated cost. Should any entity
become an Additional Participant before any amount becomes .
payable by any Customer on account of the cost of
Preliminary Part II, Board shall reallocate the cost of
Preliminary Part II among Customers and such Additional
Participant in a manner determined by it, in its sole
discretion reasonably exercised, to be appropriate under the
6
then existing circumstances. The cost of Preliminary Part
I, together with cost of Preliminary Part II of which no
portion is allocated to an Additional Participant, shall be
taken into consideration by Authority in determining the
Equity Payment to be required of such Additional
Participant. The total amount payable by each Customer
under this Section 6 shall be payable either in a lump sum
paid on or before the 1st day of February, 199 or, in five
annual installments, the first of which shall be payable on
or before the 1st day of February, 1997, and one additional
of which shall be payable on or before the 1st day of each
February thereafter until full payment has been made. One-
Fifth of the principal amount shall be included in each
installment. Interest shall be paid on the unpaid principal
balance as of the date of each payment at a rate which shall
be equal to ten (10) basis points above the highest yielding
one -year security available to Authority (determined in the
sole discretion of Board) on the 5th day before the due date
of such payment. Each Customer shall elect in writing,
delivered to Authority on or before the 15th day of January,
1997, whether the payments required of it by this Section 6
shall be lump sum or in installments. In the event of
issuances of Bonds to obtain funds for the payment of the
7
8
cost of completion of the Final Design and Construction
Phase before completion of the installment payments required
of any party hereto, amounts payable to Authority under this
Section 6 shall be paid from Bond proceeds. The Debt
Service obligations of any Customer relieved of payment of
installment obligations by such payment shall be
appropriately adjusted, with the adjustment to be determined
by Board in its sole discretion reasonably exercised.
7. COMPLETION OF FINAL DESIGN AND CONSTRUCTION PHASE.
If the decision of Board under Section 5, above, is to
proceed with work on Preliminary Part II, on or before
August 1, 1997, Board shall determine, in its sole
discretion reasonably exercised and after consultation with
Customers, whether to immediately proceed with completion of
Final Design and Construction Phase. If it determines to so
immediately proceed, it will issue Bonds and otherwise
proceed in accordance with provisions of Base Contract and
Section 6, above. If it determines not to so immediately
proceed, further work on Final Design and Construction Phase
will be deferred until the time specified in a construction
schedule adopted by Board in accordance with Section 8 of
Base Contract.
8. BANK NAME. The reference to Interfirst Bank
Dallas, N.A. in Subsection 15(c)(i) of Base Agreement is
changed to read NationsBank.
9. NO TAX OBLIGATION AND OPERATING EXPENSES.
Authority shall not have the right to demand payment by any
Customer of any obligation undertaken by such Customer
virtue of this Amendment No. 1 from funds raised by or to be
raised by taxation. The obligation of each of Customers
under this Amendment No. 1 shall never be construed to be a
debt of either of such kind as to require either under the
Constitution and laws of the State of Texas to levy or
collect a tax to discharge such obligation. Payments due by
each Customer shall be made from the revenues of its water
system. Each of Customers represents and covenants to
Authority that all payments made hereunder by it shall
constitute "operating expenses" of its water system as
authorized by statute.
10. RATES. Each Customer agrees to fix and collect
such rates and charges for water supplied to its water
distribution system as will make possible the prompt payment
of monetary obligations to Authority incurred hereunder and
the prompt payment of principal and interest on all other
9
obligations payable from the revenues of its water
distribution system.
11. DEFAULT. Failure by any of Customers to make
payments to Authority required by this Amendment No. 1 shall
constitute an event of default by such Customer under Base
Agreement.
12. MULTIPLE COPIES. Circulation of copies of this
Amendment No. 1 among all Customers to obtain the signatures
of all on the same copies hereof would be inconvenient and
result in delay. Therefore, this Amendment No. 1 has been
prepared in multiple copies, with two being prepared for
signature on behalf of Authority on•the one hand, and on
behalf of each Customer, alone, on the other hand. When all
copies have been signed on behalf of Authority and each of
the two copies prepared for signature by each Customer alone
has also been signed by such Customer, Authority shall give
written notice to such effect to all Customers and this
Amendment No. 1 shall thereupon become effective. Authority
shall receive one copy of this Amendment executed by it on
the one hand and each Customer alone on the other hand.
Each Customer shall receive one copy executed by Authority
on the one hand and it alone on the other. Amendment No. 1,
10
when it becomes effective, shall be binding on Authority and
all Customers and subject to enforcement by any party
against the other.
13. OPINION OF COUNSEL. With the signed copies of
this Amendment No. 1 to be supplied by Authority to each
Customer and by each Customer to Authority, Authority and
each Customer shall supply to the others the opinion of its
counsel that execution of this Amendment No. 1 on its behalf
by the signature of the party signing on its behalf has been
duly authorized by its governing body and that as duly
executed, this Amendment No. 1 is binding on it and duly
enforceable according to its terms, subject to applicable
bankruptcy and other debtor protection laws.
BRAZOS RIVER AUTHORITY
ATTEST:
Z/i f /
Assistant Secretary
BY /4 Q�
Roy A. Roberts, P.E.
General Manager
11
"Authority"
ATTEST:
ATTEST:
BY
(Brozoa1Amrnd)
City Secretary
Joanne Land, City Secretary
CITY OF GEORGETOWN
CITY ROUND ROCK
B G /
JONAH WATER SUPPLY CORPORATION
BY
12
Mayor
"Georgetown"
rles Culpepper, Mayor
"Round Rock"
President
"Jonah"
DATE: January 7, 1997
SUBJECT: City Council Meeting, January 9, 1997
ITEM: 10.D. Consider a resolution authorizing the Mayor
to execute Amendment No. 1 to Williamson County
Regional Raw Water Line Agreement
STAFF RESOURCE PERSON:
STAFF RECOMMENDATION: Approval of the resolution
On June 30, 1986, the BRA, Georgetown, Round Rock and Jonah
entered into an agreement known at the Williamson County Regional
Raw Water Line Agreement. This Amendment will allow (among other
things) for the immediate completion of the Preliminary Design
Phase and the beginning of the preliminary engineering work of the
Final Design and Construction Phase. Upon completion of said
preliminary engineering, (in approximately 2 months) a decision
will need to be made by the Parties as to when and whether to
proceed with intermediate stages of Final Design and Construction
Phase.
C \HPDOCS \ACIIY \DLHHSHHE \HLDSHHH1 /ale
Jim Nuse and /or Steve Sheets
Mayor
Charks Culpepper
Mayor Pro -tem
Earl Palmer
Council Members
Robert SAaka
Rod Morgan
Rkk Stewart
Martha Chaves
Aunty Joseph
Ctt Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
A CITY OF ROUND ROCK
January 10, 1997
Mr. J. Tom Ray
Planning & Environmental Division Manager
Brazos River Authority
P.O. Box 7555
Waco, TX 76714-7555
Dear Mr. Ray:
The Round Rock City Council approved Resolution No. R- 97 -01-
09-10D on January 9, 1997.
Enclosed is a copy of the resolution and two original agreements
concerning Amendment No. 1 To Williamson County Regional
Raw Water Line Agreement. Also enclosed is the requested
payment in the amount of $18,627.00.
Please sign both agreements, retain one for your files and return
the other to Joanne Land at the above address. If you have any
questions, please do not hesitate to call.
Sincerely,
Q
David Kautz, CG PO
Director of Finance
Enclosures
Fax: 512. 218 -7097
1. 800 - 735- 2989TDD 1- 800.735.2988 Wee
221 East Main Street
Round Rock, Texas 78664
512. 218.5400
CITY OF ROUND ROCK, TEXAS
P.O.
NUMBER
INVOICE
NUMBER
AMOUNT OF
INVOICE
0547(17,
DESCRIPTION
Check: 054707
PRELIMINARY PART I
THE CITY OF ROUND ROCK
221E MAIN ST. • ROUND ROCK. TEXAS 78664
P11.1512) 255.3612
93
PAY
TO THE
ORODFR BRAZOS RIVER AUTHORITY
PO BOX 7555
ATTN: TOM RAY
L WACO, TX 76714 -7555
BANK ONE. TEXAS. NA
ROUND ROCK. TEXAS
011097A
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER
CHECK DATE
01 -10 -97
054707
'GOOD ',WING WITH
a
• nDNDH *A *
A* Eighteen thousand six hundred twenty - seven end 0 0/100.
II•OS4 ?CI 4II• ' :LL3LOL40LI: 93200026S31I'
18627. 00 0. 00
'054707
NETAMOUNT
18627. 00
18627. 00
AMOUNT
$18, 627. 00
VOID AFTER 90 DAYS
K OP RATING/+CCOUNT
DOLLARS
Brazos River Authority
Mr. Bob Bennett
City Manager
City of Round Rock
214 East Main
Round Rock, Texas 78664
Dear Bob:
Please find enclosed one original, executed Amendment No. 1 to the Williamson County
Regional Raw Water Line Agreement.
JTR:rp
Enclosure
q: \files \projects \wmco \amendment_Itr.j 97. doc
97-0/-09-/OD
RECEIVED JAN 2 11997 T
Thank you for your assistance. If you have any questions, please call me.
Sincerely,
w 44 ,
J. TOM RAY, P.E.
Planning and Environmental
Division Manager
4400 Cobbs Drive • P.O.Box7555 • Waco, Texas 76714 -7555
817.776-1441 • FAX 817 - 772 -5780
QUALITY • CONSERVATION • SERVICE
January 17, 1997
1
Brazos RECEIVED JAN 0 61991
Colorado WATER ALLIANCE
Mr. Bob Bennett, City Manager
City Manager
City of Round Rock
214 East Main
Round Rock, Texas 78664
Mr. Carl Udell
General Manager
Jonah Water Special Utility District
Rt. 1 Box 112 -B
Georgetown, Texas 78626
Gentlemen:
This letter is to recommend to the participants in the Williamson County Regional Raw Water Line
project that they proceed with the next increment of engineering work on the Lake Stillhouse
Hollow to Lake Georgetown raw water pipeline. This increment is identified as Preliminary Part II
in Amendment #1 to the Williamson County Regional Raw Water Line Agreement. We believe
this represents the most prudent effort at this time considering the immediate water needs of the
participants and the lake level of Lake Georgetown.
During the five month period required for completion of Preliminary Part II work, the Alliance will
continue to evaluate the water supply options available to the residents of Williamson County. We
will make cost comparisons of the available alternatives involving both Colorado and Brazos Basin
supplies.
We will keep you informed of our findings and will ask for your cooperation in evaluating
alternatives that may involve your respective service areas.
Sincerely,
Manager, Water & Hydroelectric Company
SEPH J. 1EAL, P.E.
:.A
INF 1..11 TO AMU DOM WI.
Mark Rose, General Manager
Lower Colorado River Authority
P.O. Box 220, Austin, Texas 78767 -0220
(512)473 -3200, FAX (512)473 -3298
Mr. Bob Hart
City Manager
City of Georgetown
609 Main Street
Georgetown, Texas 78626
G�-
. TOM RAY, P.E.
Planning and Environmental
Division Manager
January 2, 1997
Roy A. Roberts, P.E., General Manager
Brazos River Authority
P.O. Box 7555, Waco, Texas 76714 -7555
(817)776 -1441, FAX (817)772 -5780
Brazos River Authority
Mr. Bob Bennett
City Manager
City of Round Rock
214 East Main
Round Rock, Texas 78664
Dear Bob:
AIRBORNE EXPRESS
Sincerely,
J. TOM RAY, P.E.
JTR:rp Planning and Environmental
Enclosure Division Manager
q.\£les \ projects \wmco \wmcorwlpart.Itr
4400CobbsDrive • P.O. Box 7555 • Waco, Texas 76714 -7555
817-776-1441 • FAX 817-772-5780
RECEIVED DEC 2 61996
QUALITY • CONSERVATION • SERVICE
December 20, 1996
HDR Engineering, Inc. has completed both the Alternatives Report and the Preliminary
Engineering Report for the Williamson County Regional Raw Water Line project. As stated in
the Amendment #1 to the 1986 Williamson County Regional Raw Water Agreement, the
estimated cost of the initial phase to complete these two reports was $37,000. The City of Round
Rock's share of this cost, using a pro rata allocation based on supplies committed from Lake
Stillhouse Hollow, is $18,627.
HDR has not been paid for these services because a formal agreement between the Authority and
each Raw Water Line participant has not been executed. Another copy of Amendment #1 is
enclosed. Please execute the amendment and return with payment indicated as soon as possible.
As I explained in my letter of November 15, 1996, the Amendment will allow the Authority to
proceed in the manner we discussed and agreed upon at our meetings in Salado— giving the
participants flexibility in deciding when to proceed with each step of the project. Without an
executed amendment, the Authority would proceed with the project under the terms of the
original 1986 Agreement. The Authority's Board will consider the certified projections at its
January 1997 meeting. I need to be able to report that even though the certified projections fall
within the five -year window requiring the Authority to proceed with a construction schedule
under terms of the 1986 Agreement, the Participants have already executed an amendment to the
1986 Agreement directing the Authority to prepare a construction schedule that proceeds in a
step -by -step fashion, allowing the Participants to decide when it is appropriate to take each step.
Please call me if there are any questions or if you need additional information. Thank you for
your cooperation.
Brazos River Authority
Mr. Bob Bennett
City Manager
City of Round Rock
214 East Main
Round Rock, Texas 78664
AIRBORNE EXPRESS
4400 Cobbs Drive • P.O.Box7555 • Waco, Texas 76714-7555
817 - 776-1441 • FAX 817-772-5780
QUALITY • CONSERVATION • SERVICE
November 15, 1996
Dear Bob:
Please find enclosed for your review the final draft version of Amendment No. 1 to the
Williamson County Regional Raw Water Line Agreement. The initial draft of this amendment
was sent to you in my letter of September 23, 1996. We need you to review this amendment and
provide comments or, if the amendment is acceptable, execute it and retum to the Authority three
copies. We will promptly return one fully executed original.
Please note especially Section 1. Working with our General Counsel, David Kultgen, we have
made several changes to more clearly define the approach we discussed at our meetings in Salado
and in Mr. Roberts' letter to you dated September 9, 1996. Specifically, the segments of work
are defined and flexibility is given to delay commencement of Debt Service payments and to
provide for finanding assistance by the Authority. The cost allocated to each Participant will be
paid, at the option of each Participant, with funds advanced by the Participant or with funds of
the Authority. Costs financed by the Authority will be reimbursed, in up to five annual
installments, at an interest rate equal to ten basis . oints above - .' _ . - ieldin one -year
- . ity avai a. e to the Aut ority.
Section 6 defines the costs of Parts I and II and allocates those costs to each Participant. The
basis for this allocation is the total commitment of water supply in Lake Stillhouse Hollow to
each Participant. The attached table shows the cost components and the allocation of cost. The
design cost is associated with the intake structure, which will be built to ultimate capacity, and
with the pipeline, which will have the same cost estimate regardless of size or staging.
Therefore, I considered the total water supply commitments or the total supply that will
eventually be conveyed to Lake Georgetown as a reasonable basis for the allocation of the Part II
design costs.
Provision is made for other local entities to become Additional Participants. If an entity becomes
an Additional Participant before payments are due on Phase II design costs, the costs will be
reallocated. Section 15 of the base agreement defines the terms under which the Authority can
allow an entity to become an Additional Participant. By allowing an Additional Participant, the
Authority cannot "... interfere with or diminish Authority's ability to fulfill its obligations ... to
the Participants" or "cause the Monthly Charges to any Participant ... at any time ... to be
Mr. Bob Bennett November 15, 1996
Page 2
greater than it would have been if service to such Additional Participants had not been provided."
This section also provides for an Equity Payment by any Additional Participant to "prevent
injustice to Participants."
The preliminary engineering phase is nearing completion. HDR Engineering is drafting the final
reports. The schedule for completion is attached. I am currently reviewing the initial draft of the
Alternatives Report. The Preliminary Engineering Report will be in draft form by the end of
November. The work, including an on- the - ground review of the right -of -way, will be complete
by mid - December.
If possible, I would like to meet the week of December 16, 1996, to review the reports. We will
need to discuss proceeding with the Phase II design work. Any entities considering becoming
Additional Participants will have to make that decision no later than January 1, 1997.
Please call me if you have any questions regarding the amendment, schedule for completion, or
any aspect of the project.
JTR:rp
Enclosure
q.\files \projects \wmco \transmittal of interlocal agmt 14nov96.doc
Sincerely,
J. TOM RAY, P.E.
Planning and Environmental
Division Manager
Task Name
October 13
October 20
October 27
November 3
November 10
November 17
November 24
December 1
December 8
Decem
SIMITNTIFIS
SIMITI✓4TIFIS
SIMIT}MTIFIS
S MITf✓VITIFIS
SIMITHTIFIS
0111 01*
SIMITNTIFIS
SIMITFTIFIS
SIMIT}AITIFIS
SIMITtAr
Alternative Evaluation
• i
Option A - Full Size Pipeline Construction
,
--.__._._.-_..._.._ .....__�.__.._...,...._.. -_.... �,
------------------- --- - -- - - -,,- F
---------------- - - - - -- -;
'
_._.__._......__ __.......---.-...___........__,
'
Option B - Phased Pipeline Construction
Interim Purchase of Water from City of Austin
Water Treatment Plant No. 4
Lake Granger
Reclaimed Water Reuse
Water Conservation
Submit Draft Alternative Evaluation to BRA
BRA Review
Williamson County RWLPER
®
.
Review ROW, in field
Identify ROW Environmental concems
p
•
II
Meet with COE, CTWSC
Followup meeting with CTWSC
Recommended Project
rr V
MEMIREIMMEME
al
Intake Structure and Pumps
Transmission Line Configuration
Outlet Structure
Estimate of Probable Construction Cost
Construction Considerations
Identify Pipeline ROW Problems
Identity Permitting Requirements
• 12113
Identify Project Environmental Constraints
-
Develop Proposed Construction Schedule
I
• 11129
i
Submit Preliminary Engineering Report to BRA
BRA Review
Submit Final Preliminary Engineering Report to BRA
Williamson County Raw Water Line PER Completion Schedule
rt
Page 1
Determination of Pro Rata Basis for Cost Allocation
Assume: Basis on total commitment of Lake Stillhouse Hollow supplies
Initial Design Cost (ESTIMATED) for Preliminary Part 1:
Part
City of Georgetown
City of Round Rock
Jonah SUD
City of Leander
Brushy Creek MUD
Participant:
City of Georgetown
City of Round Rock
Jonah SUD
City of Leander
Brushy Creek MUD
Cost Breakdown on Phase 11
Stillhouse Hollow
Commitments
Ex Reguest
5,448 10,000
8,134 10,000
2,439 0
0 2,667
0 4,000
Allocation of anticipated costs to bring final design
to 60% completion (Preliminary Part II):
Stillhouse Hollow
Commitments
Exi Reguest Total
5,448 10,000 15,448
8,134 10,000 18,134
2,439 0 2,439
0 2,667 2,667
0 4,000 4,000
Engineering
Environmental
Aerial /survey
Geo Tech
Subtotal
Legal
BRA Administrative
Total
Total
15,448
18,134
2,439
2,667
4,000
42,688
42,688
$405,000
$40,000
$75,000
$30,000
$550,000
$5,000
$5 000
$560,000
w/ Add'n
Participants
Initial 2 -month
Cost
Percent Allocation
36.19 $13,390
42.48 $15,718
5.71 $2,114
6.25 $2,312
9.37 $3,467
100 $37,000
w/ Add'n
Participants
Initial 2 -month
Cost
Percent Allocation
36.19 $202,654
42.48 $237,890
5.71 $31,996
6.25 $34,987
9.37 $52,474
100 $560,000
w /out Add'n
Participants
Initial 2 -month
Cost
Percent Allocation
42.89 $15,868
50.34 $18,627
6.77 $2,505
100 $37,000
$37,000
$560,000
w /out Add'n
Participants
Initial 2 -month
Cost
Percent Allocation
42.89 $240,184
50.34 $281,904
6.77 $37,912
100 $560,000
The basis for allocation will be re- evaluated prior to beginning the construction phase; this allocation
assumes the total of existing and pending commitments from Lake Stillhouse Hollow. The following
costs are included in the estimate:
AMENDMENT NO. 1
TO
WILLIAMSON COUNTY REGIONAL RAW WATER LINE AGREEMENT
AGREEMENT made and entered into this day of
November, 1996, between and among BRAZOS RIVER AUTHORITY
( "Authority "), a river authority of the State of Texas, CITY
OF GEORGETOWN, ("Georgetown"), CITY OF ROUND ROCK ( "Round
Rock "), home rule cities of Williamson County, Texas, and
JONAH WATER SPECIAL UTILITY DISTRICT ( "Jonah "), a special
utility district located in Williamson County, Texas, with
Georgetown, Round Rock and Jonah being hereinafter called
"Customers ", amending agreement made and entered into June
30, 1986, between and among Authority, Georgetown, Round
Rock and Jonah Water Supply Corporation ( "Corporation ")
known as Williamson County Regional Raw Water Line Agreement
( "Base Agreement ").
1. RECITALS. Since the execution of Base Agreement,
Jonah has been organized and has succeeded to the rights and
obligations of Corporation. Base Agreement needs to be
amended to reflect this. Base Agreement provides, among
other things, that Authority will design, construct and
operate Project for the purpose of transporting raw water
diverted from Lake Stillhouse Hollow under Stillhouse Supply
Agreements to Lake Georgetown for availability to Customers
from Lake Georgetown. Authority has completed Preliminary
Design Phase. Though Authority has not heretofore adopted a
construction schedule specifying that Final Design and
Construction Phase will begin at or before this date, the
parties have determined that, because of the increasing
water demands on Lake Georgetown resulting from intense
population growth and the declining water level therein
resulting from the recent drought, the initial stages of
Final Design and Construction Phase consisting of the
preliminary engineering work which is part of that Phase
( "Preliminary Part I ") should begin immediately. It is
anticipated that Preliminary Part I can be completed in
approximately two months. Upon such completion, a decision
will be needed as to when and whether to proceed with
intermediate stages of Final Design and Construction Phase
consisting of the work required to bring Final Design and
Construction Phase to 60% of completion. Such intermediate
stages are hereinafter called Preliminary Part II.
Completion of Preliminary Part II will require 5 months from
the date on which work on it begins. It is possible that
rainfall in the coming months may alleviate the immediacy of
the need for Project. For this reason, Customers desire
some flexibility in timing the issuance of Bonds to finance
2
Final Design and Construction Phase which is not provided in
Base Contract in order that if inflows into Lake Georgetown
during such period make it prudent to do so, work on Final
Design and Construction Phase, in addition to Preliminary
Part I and, if it is undertaken pursuant hereto, Preliminary
Part II can be delayed with a resultant delay in the
commencement of the obligation of Customers to pay Debt
Service. Further, because of the timing of adoption of
budgets, it may be difficult for some of Customers to pay in
cash the costs incident to the work required in Preliminary
Part I and Preliminary Part II. To provide the desired
flexibility and delay in the commencement of Debt Service
payments and to provide financing assistance to Customers,
the parties have agreed that (a) Authority will begin
Preliminary Part I without issuing Bonds; (b) on or before
January 1, 1997, Board in consultation with the other
parties will determine whether to proceed with Preliminary
Part II without issuance of Bonds; (c) the cost of
Preliminary Part I and Preliminary Part II allocable to each
of each Customer will be paid, at the option of each
Customer, either with funds advanced by such Customer or
with funds of Authority; (d) costs paid with funds of
Authority will be reimbursed with interest by the Customer
3
to which same are allocable in five annual installments; (e)
on or before June 1, 1997, Board, in consultation with the
other parties, will determine whether to proceed with the
completion of Final Design and Construction Phase or to
suspend work thereon until a later date determined to be
appropriate under then existing conditions; and (f) and in
the interim, other appropriately located entities will be
offered the opportunity to become Additional Participants
under Base Agreement. Subsection 15(c)(i) of Base Agreement
provides for an interest rate determined with reference to
the base rate of interest established by InterFirst Bank
Dallas, N. A. That bank is no longer in existence.
Therefore, it is appropriate that Base Agreement be amended
to replace the reference to InterFirst Bank Dallas, N.A.
with a reference to a bank currently in operation. The
purposes of this Amendment No. 1 are to set forth the
agreement of the parties regarding immediate commencement of
Preliminary Part I, possible commencement of Preliminary
Part II, and financing, all with the flexibility desired by
the parties, and to make the amendments to Base Agreement
above specified to be appropriate.
2. DEFINITIONS. Definitions set forth in Base
Agreement shall apply to this Amendment No. 1.
4
3. JONAH. Jonah is substituted for Corporation as a
party to Base Agreement.
4. PRELIMINARY PART I. Authority agrees to
immediately proceed with and diligently pursue work on
Preliminary Part I in order that same can be completed on or
before January 1, 1997.
5. PRELIMINARY PART II. Prior to completion of
Preliminary Part I, Board shall, in consultation with the
other parties, determine whether Authority shall proceed
with Preliminary Part II upon completion of Preliminary Part
I. If Board determines to so proceed, Authority will
diligently pursue work on Preliminary Part II in order that
same can be completed on or by June 1, 1997. If Board
determines that Authority shall not so proceed, further work
on Design and Construction Phase will be deferred until the
time specified in a construction schedule adopted by Board
in accordance with Section 8 of the Base Agreement.
6. PAYMENTS. Customers agree to pay to Authority an
amount equal to the cost o agreed to be
the sum of $37,000, of which $15,868 shall be paid by
Georgetown, $18,627 shall be paid by Round Rock and $2,505
shall be paid by Jonah. If Authority determines to proceed
5
with Preliminary Part II as provided in Section 5, above,
Customers (and Additional Participants, if one or more
entities become such within the time specified below for
reallocation of the cost of Preliminary Part II as a result
of any entity becoming an Additional Participant) shall pay
o Authority an amount equal to the cost of Preliminary Part
II. Such cost is presently estimated to be $560,000.00, of
which, $240,184 is the amount estimated to be payable by
Georgetown, $281,904 is the estimated amount to be payable
by Round rock, and $37,912 is the estimated amount to be
payable by Jonah. Unless one or more entities shall become
an Additional Participant prior to the earliest date on
which any amount owing by any Customer on account of the
cost of Preliminary Part II becomes payable as hereinafter
provided, the actual cost of Preliminary Part II shall be
allocated among Customers in the proportions provided above
for the allocation of the estimated cost. Should any entity
become an Additional Participant before any amount becomes
payable by any Customer on account of the cost of
Preliminary Part II, Board shall reallocate the cost of
Preliminary Part II among Customers and such Additional
Participant in a manner determined by it, in its sole
discretion reasonably exercised, to be appropriate under the
6
then existing circumstances. The cost of Preliminary Part
I, together with cost of Preliminary Part II of which no
portion is allocated to an Additional Participant, shall be
taken into consideration by Authority in determining the
Equity Payment to be required of such Additional
Participant. The total amount payable by each Customer
under this Section 6 shall be payable either in a lum sum
7
paid on or before the 1st day of February, 1996, or, in five
annual installments, a first of which shall be payable on
or before the 1st day of February, 1997, and one additional
of which shall be payable on or before the 1st day of each
February thereafter until full payment has been made. One -
Fifth of the principal amount shall be included in each
installment. Interest shall be paid on the unpaid principal
balance as of the date of each payment at a rate which shall
be equal to ten (10) basis points above the highest yielding
one -year security available to Authority (determined in the
sole discretion of Board) on the 5th day before the due date
of such payment. Each Customer shall elect in writing,
delivered to Authority on or before the 15th day of January,
1997, whether the payments required of it by this Section 6
shall be lump sum or in installments. In the event of
issuances of Bonds to obtain funds for the payment of the
cost of completion of the Final Design and Construction
Phase before completion of the installment payments required
of any party hereto, amounts payable to Authority under this
Section 6 shall be paid from Bond proceeds. The Debt
Service obligations of any Customer relieved of payment of
installment obligations by such payment shall be
appropriately adjusted, with the adjustment to be determined
by Board in its sole discretion reasonably exercised.
7. COMPLETION OF FINAL DESIGN AND CONSTRUCTION PHASE.
If the decision of Board under Section 5, above, is to
proceed with work on Preliminary Part II, on or before June
1, 1997, Board shall determine, in its sole discretion
reasonably exercised and after consultation with Customers,
whether to immediately proceed with completion of Final
Design and Construction Phase. If it determines to so
immediately proceed, it will issue Bonds and otherwise
proceed in accordance with provisions of Base Contract and
Section 6, above. If it determines not to so immediately
proceed, further work on Final Design and Construction Phase
will be deferred until the time specified in a construction
schedule adopted by Board in accordance with Section 8 of
Base Contract.
8
8. BANK NAME.. The reference to Interfirst Bank
Dallas, N.A. in Subsection 15(c)(i) of Base Agreement is
changed to read NationsBank.
9. NO TAX OBLIGATION AND OPERATING EXPENSES.
Authority shall not have the right to demand payment by
Georgetown and /or Round Rock of any obligation undertaken by
or imposed upon either of them by virtue of this Amendment
No. 1 from funds raised by or to be raised by taxation. The
obligation of each of such cities under this Amendment No. 1
shall never be construed to be a debt of either of such kind
as to require either under the Constitution and laws of the
State of Texas to levy or collect a tax to discharge such
obligation. Payments due by either city shall be made from
the revenues of its water system. Each of such cities and
Jonah represents and covenants to Authority that all
payments made hereunder by it shall constitute "operating
expenses" of its water system as authorized by Statute.
10. RATES. Each Customer agrees to fix and collect
such rates and charges for water supplied to its water
distribution system as will make possible the prompt payment
of monetary obligations to Authority incurred hereunder and
the prompt payment of principal and interest on all other
9
obligations payable from the revenues of its water
distribution system.
11. DEFAULT. Failure by any of Customers to make
payments to Authority required by this Amendment No. 1 shall
constitute an, event of default by such Customer under Base
Agreement.
12. MULTIPLE COPIES. Circulation of copies of this
Amendment No. 1 among all Customers to obtain the signatures
of all on the same copies hereof would be inconvenient and
result in delay. Therefore, this Amendment No. 1 has been
prepared in multiple copies, with two being prepared for
signature on behalf of Authority on the one hand, and on
behalf of each Customer, alone, on the other hand. When all
copies have been signed on behalf of Authority and each of
the two copies prepared for signature by each Customer alone
has also been signed by such Customer, Authority shall give
written notice to such effect to all Customers and this
Amendment No. 1 shall thereupon become effective. Authority
shall receive one copy of this Amendment executed by it on
the one hand and each Customer alone on the other hand.
Each Customer shall receive one copy executed by Authority
on the one hand and it alone on the other. Amendment No. 1,
10
when it becomes effective, shall be binding on Authority and
all Customers and subject to enforcement by any party
against the other.
13. OPINION OF COUNSEL. With the signed copies of
this Amendment No. 1 to be supplied by Authority to each
Customer and by each Customer to Authority, Authority and
each Customer shall supply to the others the opinion of its
counsel that execution of this Amendment No. 1 on its behalf
by the signature of the party signing on its behalf has been
duly authorized by its governing body and that as duly
executed, this Amendment No. 1 is binding on it and duly
enforceable according to its terms, subject to applicable
bankruptcy and other debtor protection laws.
BRAZOS RIVER AUTHORITY
ATTEST:
BY
Secretary
Roy A. Roberts, P.E.
General Manager
11
"Authority"
ATTEST:
ATTEST:
(Brazo.umead)
CITY OF GEORGETOWN
BY
City Secretary
CITY OF ROUND ROCK
BY
City Secretary
JONAH WATER SUPPLY CORPORATION
BY
12
Mayor
"Georgetown"
Mayor
"Round Rock"
President
"Jonah"
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round
Rock, Texas, do hereby certify that the foregoing is a true and correct copy of page 12 of
Amendment No. 1 To Williamson County Regional Raw Water Line Agreement that
was approved by the Round Rock City Council on January 9,1997 by Resolution No. R-
97-01-09-10D as recorded in minute book 35, pages 289 -290.
CERI'LHED by my hand and seal of the City of Round Rock, Texas on this 20th
day of March, 1997.
0-
LAND, Assistant City Manager/
City Secretary
P )DoL rncc uo
,3
1 140
7e(,0a7