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CM-2005-029aryl- coos-oa9 City ofAustin Water and Wastewater Utility, P.O. Box 1088, Austin, TX 78767 August 18, 2003 Mr. Jim Nuse, City Manager City of Round Rock 211 East Main Street Round Rock, Texas 78664 RECD mm!,' 25 2003 Re: Settlement of Issues Regarding Interlocal Agreement for Interim Water Supply Dear Mr. Nuse: I wanted to thank you for meeting with Bart Jennings and me on August 18, 2003. I appreciate your willingness to resolve our contractual issues in an amiable and positive manner. As you know, the City of Austin (Austin) and the City of Round Rock (Round Rock) entered into Interlocal Agreement for Interim Water Supply agreement (Agreement) on May 12, 1995. Austin provided Round Rock a Firm Service Commitment, as defined in the Agreement, of 3 MGD in a letter dated June 2, 2003. Section 2.14 of the Agreement requires Round Rock to pay an amount equivalent to one-third of the Firm Service Commitment if less than one-third of the Firm Service Commitment is not used. Round Rock has not requested and used any water since June 2, 2003. In July 2003, Austin invoiced Round Rock for. $58,068.94 pursuant to Section 2.14 of the Agreement. Round Rock has re nested under Section 2.09 (d) of the Agreement to modify the Firm Service Commitment to zero (0) MGD. ' Austin agrees to Round Rock's request and to modify the $58,068.94 bill upon the following terms: 1. Round Rock agrees to timely pay for the monthly customer charges for each of the water meters. Round Rock also agrees to pay $217.88 of the $58,068.94 bill for July 2003 within 30 calendar days of the date of this letter. 2. Round Rock agrees that the only water service that Round Rock will use until the end of the term of the contract (May 12, 2005) is a Firm Service Commitment of zero MGD and "as available" or "emergency" service as defined in the Agreement. Austin would not be obligated to commit to a level of water service for Round Rock above zero MGD and in Austin's sole determination of its water system, Austin could deny Round Rock's request for as available or emergency water service without constituting a default under the Agreement. As discussed in the meeting, Austin will be providing Round Rock rate information concerning the possibility of a base -loading scenario in a future water contract. Austin and Round Rock have agreed to continue to share information about both utilities' plans for water treatment plant expansions and new infrastructure affecting the point of connection. I look forward to continuing to strengthen the working relationship between Austin and Round Rock. If you The City of Austin is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. C-111- 020c.s— 6�-� Letter to Mr. Jim Nuse Interlocal Agreement for Interim Water Supply August 18, 2003 concur with the terms of this letter, please indicate by signing below and returning the letter to Bart Jennings. Thank you. Sincerely, Com: Chris Lippe, P.E., Director Water and Wastewater Utility Concurrence: Jim Nuse, City Manager City . f Rou �' ock Date: o3 cc: Bart Jennings, Water and Wastewater Utility Craig Bell, Water and Wastewater Utility David Anders, Water and Wastewater Utility