R-98-12-22-10A4 - 12/22/1998WHEREAS, 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 July 9, 1986, as amended by Amendment No. 1 dated
January 9, 1997 and
WHEREAS, the above named parties wish to amend the Base
Agreement, and
WHEREAS, BRA has prepared a document entitled Second Amendment
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 Second Amendment to Williamson County Regional
Raw Water Line Agreement, a copy of which is attached hereto and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Ac
RESOLVED this 22nd day of Dece
NE LAND, City Secretary
e: \ UPOOCS \RESOLUTI \R6J222an.WPn /s =g
RESOLUTION NO. R- 98- 12- 22 -10A4
CHARLES CULAVR, Mayor
City of Round Rock, Texas
- SECOND AMENDMENT TO
WILLIAMSON COUNTY REGIONAL RAW WATER LINE AGREEMENT
BY AND BETWEEN
BRAZOS RIVER AUTHORITY
AND
CITY OF GEORGETOWN, CITY OF ROUND ROCK
AND
JONAH WATER SPECIAL UTILITY DISTRICT
This SECOND AMENDMENT made and entered into this ova " d day of
t 2El7?8E/Z- , 1998, by and between BRAZOS RIVER AUTHORITY
( "Authority "), CITY OF GEORGETOWN ( " Georgetown "), CITY OF ROUND
ROCK ("Round Rock ") and JONAH WATER SPECIAL UTILITY DISTRICT
( "Jonah ").
1. RECITALS. Authority, Georgetown, Round Rock and Jonah entered into the
"Williamson County Regional Raw Water Line Agreement Between Brazos River
Authority And City Of Georgetown, City Of Round Rock and Jonah Water Supply
Corporation" ( "Agreement ") on July 9, 1986. In the intervening years, conditions
have changed so as to necessitate "Amendment No. 1 to Williamson County
Regional Raw Water Line Agreement ", dated January 9, 1997, and this Second
Amendment to Agreement. The purpose of this Second Amendment is to: (1)
modify the definition of the term "Bonds ", (2) change the "Stillhouse Supply
Agreements" to reflect those agreements currently in effect, (3) change the
percentages of water available to Participants under the Stillhouse Supply
Agreements, (4) correct an error in the 1986 Agreement relating to the allocation
of the Repair and Replacement Fund repayment, (5) change the term "Effective
Rate" to the 'term "Election Use Water" to be consistent with existing Lake
Georgetown Supply Contracts, (6) change the provisions for payments for
Surplus Water, (7) delete the Special Assignment provision in SECTION 17.
because Jonah is now a Special Utility District, and (8) provide for reacquisition
of Georgetown water from Round Rock prior to completion of Project.
2. SECTION 2. E)EFINlTIONS ivy nit definition of the term "BndW' s
amended by the addition of the words at the end thereof "or bonds or other
obligations issued to refund Bonds."
3. SECTION 2. DEFINITIONS (cc) "Stillhouse Supply Agreements" is deleted
in its entirety and replaced by the following: "' Stillhouse Supply Agreements'
means the following contracts between Authority on the one hand and
Participants, respectively, on the other providing that Authority will make water
available from Lake Stillhouse Hollow to such Participants:
(i) Second Replacement Water Supply Agreement Between Brazos
River Authority And City Of Georgetown, dated December 14, 1992
(5,448 acre -feet of water per year);
(ii) System Water Supply Agreement Between Brazos River Authority
And City Of Georgetown, dated November 13, 1996 (10,000 acre -
feet of water per year);
(iii) Replacement Water Supply Agreement Between Brazos River
Authority And City Of Round Rock, dated September 12, 1991
(8,134 acre -feet of water per year);
(iv) System Water Supply Agreement Between Brazos River Authority
And City Of Round Rock, dated November 13, 1996 (10,000 acre -
feet of water per year);
(v) Replacement Water Supply Agreement Between Brazos River
Authority And Jonah Water Supply Corporation, dated September
16, 1991 (1,239 acre -feet of water per year);
(vi) System Water Supply Agreement Between Brazos River Authority
And Jonah Water Special Utility District, dated February 28, 1995 .
(1,200 acre -feet of water per year);
2
(vii) System Water Supply Agreement Between Brazos River Authority
And Brushy Creek Municipal Utility District, dated February 26, 1997
(4,000 acre -feet of water per year);
(viii) Replacement Water Supply Agreement Between Brazos River
Authority And Chisholm Trail Special Utility District, dated July 16,
1992 (500 acre -feet of water per year; and
(ix) System Water Supply Agreement Between Brazos River Authority
And Chisholm Trail Special Utility District, dated May 10, 1995
(1,100 acre -feet of water per year)."
4. SECTION 5. PAYMENT (b) is amended by deleting the table beginning with
Line 13 of Page 11 and adding the following table:
PARTICIPANTS WATER (ACRE -FEET) PERCENTAGES (2)
Georgetown 15,448 (af) 37.11%
Round Rock 18,134 (af) 43.56%
Jonah 2,439 (af) 5.86%
Brushy Creek MUD 4,000 (af) 9.61%
Chisholm Trail SUD 1,600 (af) 3.84%
TOTAL 41,621 100%
5. SECTION 5. PAYMENT (d) is amended by the deletion of the words
"Maintenance and Operation Expense" in the last sentence of that subsection
and the substitution of the words "Debt Service" in their place.
6. The Term "Effective Rate" is deleted wherever it occurs and is replaced by
the term "Election Use Water ", as defined in the Lake Georgetown Supply
Contracts, as amended, with Georgetown and Round Rock.
3
7. SECTION 10. PAYMENTS FOR SURPLUS WATER (a) is deleted in its
entirety and replaced with the following:
(i) Each Participant shall pay to the Authority for Surplus Water
committed to it each calendar year an amount determined by
multiplying the amount of Surplus Water committed to it (in acre -feet of
water per year) times the price established for "Election Use Water'
under the Lake Georgetown Supply Contracts, as escalated.
(ii) The 1998 price for "Election Use Water" under the Lake Georgetown
Supply Contracts is $23.17 per acre -foot.
8. SECTION 11. COMPENSATION OF GEORGETOWN AND ROUND ROCK
is deleted in its entirety.
9. SECTION 17. SPECIAL ASSIGNMENT is deleted in its entirety.
10. SECTION 12. DURATION OF AVAILABILITY OF SURPLUS WATER is
amended by the addition of the following paragraph immediately preceding
Section 13:
"If, prior to completion of Project, City Surplus Water has been
acquired by any Participant, the Participant from whom the water is
acquired may reacquire that water or any portion thereof by giving
24 months written notice prior to the date of reacquisition to the
Participant from whom the water is to be reacquired and to the
Authority."
11. MULTIPLE COUNTERPARTS. Circulation of copies of this SECOND
AMENDMENT among Participants to obtain the signatures of all Participants on
the same copies hereof would be inconvenient and result in delay. Therefore,
4
this SECOND AMENDMENT has been prepared in multiple copies With two
copies being prepared for signature on behalf of Authority, on the one hand, and
on behalf of each Participant, alone, on the other hand. When all copies have
been signed on behalf of Authority and each of the two copies prepared for
signature for each Participant, alone, has also been signed by each Participant,
Authority shall given written notice of such fact to all Participants and this
SECOND AMENDMENT shall thereupon become effective. Authority shall
receive possession of one copy of this SECOND AMENDMENT executed by it
on the one hand and each Participant, alone, on the other hand. Each
Participant shall receive possession of one copy executed by Authority on the
one hand and it alone on the other. The SECOND AMENDMENT, when it
becomes effective, shall be binding on Authority and all Participants.
IN WITNESS WHEREOF, this SECOND AMENDMENT is executed on behalf of
Authority, Georgetown, Round Rock, and Jonah by their respective officers
hereunto duly authorized.
ATTEST:
ATTEST:
5
BRAZOS RIVER AUTHORITY
By:
Roy A. Roberts, P.E.
General Manager
CITY OF GEORGETOWN
"Authority"
By:
"Georgetown"
ATTEST:
1lbrdealpalwplcorrlcontlm isclwmcorrw ,grtwn,rr,jonahsecondamend.doc
6
"Round Rock"
JONAH WATER SPECIAL UTILITY
DISTRICT
By:
"Jonah"
DATE: December 18, 1998
SUBJECT: City Council Meeting — December 22, 1998
ITEM: 14.A.4. Consider a resolution authorizing the Mayor to execute the Second
Amendment to the Williamson County Regional Raw Water Line
Agreement. Staff Resource Person: Jim Nuse, Public Works Director.
Brazos River Authority
Mr. Steve Sheets
Attorney at Law
309 East Main
Round Rock, Texas 78664
Dear Mr. Sheets:
Please find enclosed an original SECOND AMENDMENT TO WILLIAMSON
COUNTY REGIONAL RAW WATER LINE AGREEMENT BY AND BETWEEN
BRAZOS RIVER AUTHORITY AND CITY OF GEORGETOWN, CITY OF
ROUND ROCK AND JONAH WATER SPECIAL UTILITY DISTRICT and a
Certificate of Execution of same.
Thank you for your assistance in this matter.
M E F:jj
Enclosure
w\corr\fie ld\s heets. doc
04 - 12 -99 11:27 RCYD
Sincerely,
Michael E. Field
Assistant General Manager
and Executive Counsel
4400 Cobbs Drive • P.O. Box 7555 • Waco, Texas 76714 -7555
254-776-1441 • FAX 254 - 772 -5780
qg 12 - a a - /On
QUAIJTY • CONSERVATION • SERVICE
April 9, 1999
BY
[2Williamson County.Disk:A: \ICertificate of Executlon,wpd]
- CERTIFICATE OF EXECUTION
TO
CITY OF GEORGETOWN,
CITY OF ROUND ROCK,
JONAH WATER SPECIAL UTILITY DISTRICT,
Per Section 11 of "Second Amendment To Williamson County Regional Raw
Water Line Agreement By And Between Brazos River Authority and City of Georgetown,
City of Round Rock and Jonah Water Special Utility District ", counterparts of the
amendment signed by Brazos River Authority, have been executed by each of the other
parties. Thus, the Agreement is now in effect. The effective date is March 23, 1999.
Dated the Y» da of Apr' ( , 1999.
BRAZOS RIVE AUTHO
- SECOND AMENDMENT TO
WILLIAMSON COUNTY REGIONAL RAW WATER LINE AGREEMENT
BY AND BETWEEN
BRAZOS RIVER AUTHORITY
AND
CITY OF GEORGETOWN, CITY OF ROUND ROCK
AND
JONAH WATER SPECIAL UTILITY DISTRICT
This SECOND AMENDMENT made and entered into this cU 4-61 day of
D ee , 1998, by and between BRAZOS RIVER AUTHORITY
( "Authority "), CITY OF GEORGETOWN ( "Georgetown "), CITY OF ROUND
ROCK ("Round Rock ") and JONAH WATER SPECIAL UTILITY DISTRICT
( "Jonah ").
1. RECITALS. Authority, Georgetown, Round Rock and Jonah entered into the
"Williamson County Regional Raw Water Line Agreement Between Brazos River
Authority And City Of Georgetown, City Of Round Rock and Jonah Water Supply
Corporation" ( "Agreement ") on July 9, 1986. In the intervening years, conditions
have changed so as to necessitate "Amendment No. 1 to Williamson County
Regional Raw Water Line Agreement ", dated January 9, 1997, and this Second
Amendment to Agreement. The purpose of this Second Amendment is to: (1)
modify the definition of the term "Bonds ", (2) change the "Stillhouse Supply
Agreements" to reflect those agreements currently in effect, (3) change the
percentages of water available to Participants under the Stillhouse Supply
Agreements, (4) correct an error in the 1986 Agreement relating to the allocation
of the Repair and Replacement Fund repayment, (5) change the term "Effective
Rate" to the term "Election Use Water" to be consistent with existing Lake
Georgetown Supply Contracts, (6) change the provisions for payments for
Surplus Water, (7) delete the Special Assignment provision in SECTION 17.
because Jonah is now a Special Utility District, and (8) provide for reacquisition
of Georgetown water from Round Rock prior to completion of Project.
- 2. - SECTION 2. DEFINITIONS (d) The definition of the term "Bonds" is
amended by the addition of the words at the end thereof "or bonds or other
obligations issued to refund Bonds."
3. SECTION 2. DEFINITIONS (cc) "Stillhouse Supply Agreements" is deleted
in its entirety and replaced by the following: "'Stillhouse Supply Agreements'
means the following contracts between Authority on the one hand and
Participants, respectively, on the other providing that Authority will make water
available from Lake Stillhouse Hollow to such Participants:
(i) Second Replacement Water Supply Agreement Between Brazos
River Authority And City Of Georgetown, dated December 14, 1992
(5,448 acre -feet of water per year);
(ii) System Water Supply Agreement Between Brazos River Authority
And City Of Georgetown, dated November 13, 1996 (10,000 acre -
feet of water per year);
(iii) Replacement Water Supply Agreement Between Brazos River
Authority And City Of Round Rock, dated September 12, 1991
(8,134 acre -feet of water per year);
(iv) System Water Supply Agreement Between Brazos River Authority
And City Of Round Rock, dated November 13, 1996 (10,000 acre -
feet of water per year);
(v) Replacement Water Supply Agreement Between Brazos River
Authority And Jonah Water Supply Corporation, dated September
16, 1991 (1,239 acre -feet of water per year);
(vi) System Water Supply Agreement Between Brazos River Authority
And Jonah Water Special Utility District, dated February 28, 1995
(1,200 acre -feet of water per year);
2
(vii) System Water Supply Agreement Between Brazos River Authority
And Brushy Creek Municipal Utility District, dated February 26, 1997
(4,000 acre -feet of water per year);
(viii) Replacement Water Supply Agreement Between Brazos River
Authority And Chisholm Trail Special Utility District, dated July 16,
1992 (500 acre -feet of water per year; and
(ix) System Water Supply Agreement Between Brazos River Authority
And Chisholm Trail Special Utility District, dated May 10, 1995
(1,100 acre -feet of water per year)."
4. SECTION 5. PAYMENT (b) is amended by deleting the table beginning with
Line 13 of Page 11 and adding the following table:
PARTICIPANTS WATER (ACRE -FEET) PERCENTAGES (2)
Georgetown 15,448 (af) 37.11%
Round Rock 18,134 (af) 43.56%
Jonah 2,439 (af) 5.86%
Brushy Creek MUD 4,000 (af) 9.61%
Chisholm Trail SUD 1,600 (af) 3.84%
TOTAL 41,621 100%
5. SECTION 5. PAYMENT (d) is amended by the deletion of the words
"Maintenance and Operation Expense" in the last sentence of that subsection
and the substitution of the words "Debt Service" in their place.
6. The Term "Effective Rate" is deleted wherever it occurs and is replaced by
the term "Election Use Water ", as defined in the Lake Georgetown Supply
Contracts, as amended, with Georgetown and Round Rock.
3
7. SECTION 10. PAYMENTS FOR SURPLUS WATER (a) is deleted in its
entirety and replaced with the following:
(i) Each Participant shall pay to the Authority for Surplus Water
committed to it each calendar year an amount determined by
multiplying the amount of Surplus Water committed to it (in acre -feet of
water per year) times the price established for "Election Use Water"
under the Lake Georgetown Supply Contracts, as escalated.
(ii) The 1998 price for "Election Use Water" under the Lake Georgetown
Supply Contracts is $23.17 per acre -foot.
8. SECTION 11. COMPENSATION OF GEORGETOWN AND ROUND ROCK
is deleted in its entirety.
9. SECTION 17. SPECIAL ASSIGNMENT is deleted in its entirety.
10. SECTION 12. DURATION OF AVAILABILITY OF SURPLUS WATER is
amended by the addition of the following paragraph immediately preceding
Section 13:
"If, prior to completion of Project, City Surplus Water has been
acquired by any Participant, the Participant from whom the water is
acquired may reacquire that water or any portion thereof by giving
24 months written notice prior to the date of reacquisition to the
Participant from whom the water is to be reacquired and to the
Authority."
11. MULTIPLE COUNTERPARTS. Circulation of copies of this SECOND
AMENDMENT among Participants to obtain the signatures of all Participants on
the same copies hereof would be inconvenient and result in delay. Therefore,
4
this SECOND AMENDMENT has been prepared in multiple copies with two
copies being prepared for signature on behalf of Authority, on the one hand, and
on behalf of each Participant, alone, on the other hand. When all copies have
been signed on behalf of Authority and each of the two copies prepared for
signature for each Participant, alone, has also been signed by each Participant,
Authority shall given written notice of such fact to all Participants and this
SECOND AMENDMENT shall thereupon become effective. Authority shall
receive possession of one copy of this SECOND AMENDMENT executed by it
on the one hand and each Participant, alone, on the other hand. Each
Participant shall receive possession of one copy executed by Authority on the
one hand and it alone on the other. The SECOND AMENDMENT, when it
becomes effective, shall be binding on Authority and all Participants.
IN WITNESS WHEREOF, this SECOND AMENDMENT is executed on behalf of
Authority, Georgetown, Round Rock, and Jonah by their respective officers
hereunto duly authorized.
ATTEST:
ATTEST:
BRAZOS RIVER AUTHORITY
By:
ir General Manager
CITY OF GEORGETOWN
5
"Authority"
By:
"Georgetown"
ATTEST:
By:
11brdealpal wplcorAcont lmisclwmcorrw,grtwn,rr jonahsecondamend.doc
CITY ROQ ND ROCK
CNAk - u� PP &.e, ,n1 y 1 c
"Round Rock"
JONAH WATER SPECIAL UTILITY
DISTRICT
By:
6
"Jonah"
..`- /18/98 16:38 - $512 255 8986 Sheets & Cross. ..- CITY RR Z002/003
Brazos River Authority
Mr. Steve Sheets
Attorney at Law
309 East Main
Round Rock, Texas 78664
Dear Mr. Sheets:
DEC -18 -1996 15:44
CVLI
4400 Cobbs Drive • P.O. Box 7555 • Waco, Texas 76714-7555
254- 776 -1441 • FAX 254-772-5780
QUALITY • CONSERVATION • SERVICE
November 5, 1998
Please find enclosed duplicate originals of the Second Amendment To
Williamson County Regional Raw Water Line Agreement By And Between
Brazos River Authority And City Of Georgetown, City Of Round Rock And Jonah
Water Special Utility District. This Amendment provides for the following
changes:
1. amends the definition of the term "Bonds" to include refunding bonds,
2. changes the "Stillhouse Supply Agreements" to reflect those
Agreements currently in effect,
3. changes the percentages of water available to Participants under the
Stillhouse Supply Agreements,
4. corrects an error in the 1986 Agreement relating to the allocation of the
Repair and Replacement Fund repayment,
5. changes the term "Effective Rate" to the term "Election Use Water" to
be consistent with existing Lake Georgetown Supply Contracts,
6. changes the provisions for payments for Surplus Water,
7. deletes the Special Assignment provision in Section 17. because
Jonah is now a Special Utility District, and
B. provides for reacquisition of Georgetown water from Round Rock prior
to completion of Project,
512 255 8986 96% P.02
s , . ,:I2/18/98 16439 • 5512 255 8986 Sheets & Cross. 444 CITY RR a 003 /003
Mr. Steve Sheets November 5, 1998
Page 2
The changes mentioned in items 2. and 3., above, will soon be outdated again;
however, the base agreement provides for the recalculation of percentages as
the Stillhouse Supply Agreements change. Therefore, future amendments are
not necessary when the only changed circumstance is a reallocation of water in
Lake Stillhouse Hollow.
Item 4., above, refers to how the Repair and Replacement Fund repayment, if
any, shall be allocated. The effect of the change to Section 5.(d) is to have such
repayment allocated on the same basis as Debt Service is allocated, that is
based on total amount of water under contract in Lake Stillhouse Hollow, as
opposed to total water withdrawn which is the basis for allocation of Maintenance
and Operation Expense.
Please have the appropriate person sign both of the Amendments and return
both to me. I will have our General Manager execute both and will return one
original to you for your files. Pursuant to Section 11. Multiple Counterparts of the
Amendment, the Authority will notify you in writing when all Participants have
executed the Amendment. At that time, it will be binding on all Participants.
If you have any questions, please call me.
MEF:jwj
Enclosure
w:korr8eld8heets Itr.clac
DEC -18 -1998 15:45
Sincerely,
MICHAEL E. FIELD
Assistant General Manager/
Executive Counsel
512 255 8986 96% P.03