R-2015-2675 - 8/13/2015 RESOLUTION NO. R-2015-2675
WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement
("Agreement") with the City of Cedar Park for interim water supply, and
WHEREAS, the City now desires to enter into a Second Amendment to the Interlocal
Agreement with the City of Cedar Park to extend the term until December 31, 2015 and to increase the
Firm Service to a peak daily flow of 4 MGD,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 the Interlocal Agreement for Interim Water Supply with the City of Cedar Park, a copy
of same being attached hereto as Exhibit"A" 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.
RESOLVED this 13th day of August, 2015.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Clerk
0112.1404;00339543
EXHIBIT
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SECOND AMENDMENT
TO THE INTERLOCAL AGREEMENT FOR
INTERIM WATER SUPPLY BETWEEN
THE CITY OF ROUND ROCK
AND
THE CITY OF CEDAR PARK
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
THIS SECOND AMENDMENT ("Second Amendment") is to that one certain Interlocal
Agreement for Interim Water Supply (2013), executed September 10, 2013 ("Agreement") by
and between the City of Cedar Park ("Cedar Park") and the City of Round Rock ("Round
Rock"), collectively referred to herein as "the Parties."
RECITALS
1. The Parties previously on September 10, 2013 entered into the Agreement providing that
Round Rock would permit Cedar Park to utilize some of Round Rock's excess water capacity on
an interim basis.
2. The Parties previously entered into the First Amendment to the Agreement extending the
Term until September 30, 2015.
3. By mutual consent, the Parties wish to extend the Term until December 31, 2015 and to
increase the Firm Service to a peak daily flow of 4 MGD.
4. Cedar Park and Round Rock desire to amend the Agreement to reflect the above changes.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Unless the context clearly requires otherwise, terms used in this Second Amendment
shall have the meaning as set forth in the Agreement.
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ARTICLE TWO
AMENDMENTS
2.01 Article 2.03 Establishment of Maximum Level of Firm Service is hereby
amended to read as follows:
Round Rock and Cedar Park agree that, for the tern of this Agreement, Round Rock will
provide to Cedar Park at the Point of Delivery, Firm Service up to a peak daily flow of 4.0 MGD
on a firm or assured basis ("Firm Service"). During said period, Interim Water Service in excess
of a peak daily flow of 4.0 MGD will be provided only on an as available basis ("As Available
Service").
2.02 Article 3.01. Term of Agreement is hereby amended to read as follows:
This Agreement shall be effective until the 31 st day of December, 2015.
ARTICLE III
MISCELLANEOUS
3.01 To the extent necessary to effect the terms and provisions of this Second Amendment, the
Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is
hereby ratified and confirmed.
3.02 This Second Amendment may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies have caused this Second Amendment to be duly executed as of the day and
year first above written.
CITY OF CEDAR PARK, TEXAS
By:
Mayor
Date:
Attest:
By:
LeAnn Quinn, City Secretary
2
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date:
Attest:
By:
Sara White, City Clerk
3