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R-2014-1714 - 8/28/2014 V V RESOLUTION NO. R-2014-1714 WHEREAS, the Upper Brushy Creek Water Control and Improvement District ("WCID") has completed the flood protection portion of the Upper Brushy Creek watershed study; and WHEREAS, the main stem of Lake Creek through the Greater Round Rock West Neighborhood was identified as the largest damage center; and WHEREAS, the City of Round Rock and WCID wish to enter into a Memorandum of Understanding to outline their mutual intent and understanding with respect to certain flood mitigation projects within Robinson Land which affect properties within the City, including within the Greater Round Rock West neighborhood,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 a Memorandum of Understanding with the Upper Brushy Creek Water Control and Improvement District, a copy of same being attached hereto as Exhibit"A" and incorporated herein. 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 28th day of August, 2014. ImIL--� ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: C1 g L14J J Z- SARA L. W I�I-I TE, City Clerk I'll". omw1 u V J LEXHIBIT "A„ _J MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOT') is by and between the City of Round Rock, Texas ("City") and Upper Brushy Creek Water Control and hnprovement District ("WCID"). The purpose of this MOU is to outline the parties' muuial intent and understandings with respect to certain Flood mitigation projects within Robinson Land which affect properties within the City. Accordingly,the parties set forth their intent and understanding as follows: I. Recitals A. Projects Description The patties agree that there are certain flooding problems within the City limits, including within the Greater Round [tock West neighborhood that may be alleviated with the rehabilitation, reconstruction and/or construction of existing and new flood control facilities within Robinson Land ("Projects"). B. Dam 9 Project The first of these Projects is known as the Dam 9 Diversion Project ("Dam 9 Project"). The preliminary design of the Dam 9 Project includes the construction of a new dam (Dam 102), reconfiguration of the existing Dam 9, and diversion facilities to re-direct water flow to the existing Dam 9 inundation casement. C. Dam 101 Project The second of the Projects is known as the Dam 101 Project. The Dam 101 Project involves the construction of a new dam and inundation easement capable of impeding the now of flood waters into the Lake Creek basin area, o�:a waacrnn owe oe.e moa '.. V D. North Quarry Project The third of the Projects is known as the North Quarry Project (tile "North Quarry Project'). There are definite flooding issues in this area that need to be addressed, but the scope of weak for the North Quarry Project has yet to be defined. "fire initial phase of this project will be to develop flood mitigation goals and determine the extent of easements and improvements needed to achieve those goals. ' II. Plans for the Projects A. Design and Construction of the Dam 9 Protect The WCID has begun preliminary efforts to design the Dam 9 Project. The WCID will be responsible for completing the design of the Dam 9 Project, and shall also be responsible for overseeing the conshuction of the Dam 9 Project. After consu'uction is complete, the WCID will own, operate and maintain the Dam 9 improvements, including Dam 102. The WCID agrees to meet and confer with the City regarding all aspects of the design and construction of the Dam 9 Project. The general components of the preliminary design of the Dam 9 Project are as shown on Exhibit"A",attached hereto. R. Design mtd Construction of the Dam 101 Project The City will be responsible for the design of the Dam 101 Project, and shall be responsible for overseeing the construction of the Dam 101 Project. After the Dam 101 Project is complete, the WCID will own, operate and maintain the Dam 101 improvements. The City agrees to meet and confer with the WCID regarding all aspects of the design and construction of the Dam 101 Project. The preliminary layout of the Dam 101 Project is shown on Exhibit "A", attached hereto. 2. fir C. Design and Construction of the North Quarry Proiect After initial coordination with the land owner and development of a project plan,the City will be responsible for the design of the North Quarry Project and shall be responsible for overseeing the construction of the North Quarry Project. After the North Quarry Project is complete, the City will operate and maintain all drainage improvements. If the North Quarry Project includes a regulatory dam, the City agrees to meet and confer with the WCID regarding all aspects of the design and construction of the North Quarry Project, and the WCID will own, operate and maintain the clam. The general location of the North Quarry Project is shown on Exhibit"A", attached hereto. D. Timing of Proiects "Phe parties each acknowledge that it is in their best interests to design and construct the Projects as soon as possible. The parties agree to cooperate with each other to achieve the expeditious completion of the Projects. E. Land Owner Coordination The Parties agree that due to the synergistic nature of the Projects within Robinson Land it world be best to discuss and negotiate all aspects of the Projects concurrently. Both WCID and City of Round Rock shall be represented at all meetings with the land owner; however, it is understood that for the convenience of the land owner the WCID General Manager will remain the primary point of contact for the land owner for all projects. F. Design Consultant The WCID and the City will form a selection committee to select engineering firm(s)/team(s) to perform design services for all of the projects referenced heroin, and to develop a phasing plan Cor the Projects. 3. V J G. Environmental and Other Matters The WCID agrees to be responsible for conducting preliminary environmental studies that may affect all of the Projccts. All Project reports will be available to be utilized by both parties. H. Easements Acquisition 'Ihe WCID shall be responsible for facilitating all easement acquisitions from Robinson Land needed for all of the Projects described herein. 1. Pro iect Costs I he panties recognize that, at the present lime, it is premature to accurately predict the total costs of the Projects described herein. The parties further acknowledge that these Projects cannot be completed without the financial contributions of the City and the WCID, and the Dam 101 Project cannot be completed without the additional financial contribution of Williamson County. The parties agree that this MOU merely presents an outline of a course of action regarding preliminary design and construction plans for the Projects. It is the interest of the parties to enter into an Interlocal Agreement regarding all aspects of design, construction and financing of the Projects at a later date. The Parties agree to cooperate in providing all ['reject design plans and other necessary documentation to Williamson County as soon as possible to enable the County to determine the amount of financial assistance that may be available. As the City is the project lead organization on the Dam 101 project,the City's shall coordinate efforts to formalize the County's participation in tine project. a. III. Miscellaneous Provisions A. Good Faith Negotiations The parties each understand and acknowledge that this MOU does not obligate either party in any way. However, each party pledges to continue to negotiate in good faith to y' accomplish the mutual goals and interests set forth herein. B. Outline of Terms The parties understand and acknowledge that the terms contained herein are only an outline of the terms of the Interlocal Agrcement contemplated herein and the final agreement will contain terms and provisions, particularly relating to financial obligations that are not contained herein. Executed this day of ,2014. CITY OF ROUND ROCK,TEXAS By: Alan McGraw, Mayor UPPE/R�/B�RRRUUOSYY CREEK WATER CONTROL AND 1—Jh ��EME T DISTRICT By: A '"0 Quick, re ident i 5 � �� ���P�,♦ t�_�� �" � III .,,;,,,,... �r� •�.o1;b � � �. � � � �, lil �� � ,; . � �,� . � � �' � ��� ,t �� I > �,, • ��1 � 9 �a • "K'(I �IJ� � � • �� � �. .. �� ��� ( s �..r� �, � �� (��II �� �. ' I b (tel ✓�tt 1p� � � i � � ?: � �l 4'�� �YJ� � 4 � � � ���1 � � :; � �� y h In Gl�I�l�t)� r`' '�;