R-2014-1715 - 8/28/2014 livol
J
RESOLUTION NO. R-2014-1715
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 Chisholm Valley neighborhood along Lake Creek Tributary 6 and 6a was
identified as one of the most promising projects considering cost per damage score reduction ration;
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 the Lake Creek Tributary 6 watershed which affect properties within the City,
including within the Chisholm Valley 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.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112 1404,W309323
EXHIBIT
„A„
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is by and between the City of Round
Rock, Texas ("City") and Upper Brushy Creek Water Control and Improvement District.
("WCID"). The purpose of this MOU is to outline the parties' mutual intent and understandings
with respect to certain flood mitigation projects within the Lake Creek Tributary 6 watershed
which affect properties within the City. Accordingly, the parties set forth their intent and
understanding as follows:
I. Recitals
A. Proiects Description
The parties agree that there are certain flooding problems within the City limits, including
within the Chisholm Valley neighborhood that may be alleviated with the rehabilitation,
reconstruction and/or construction of existing and new flood control facilities(the Projects").
R. Culvert Protect
The first of these Projects is known as the Purple Sage Culvert Project ("Culvert
Project"). The preliminary design of the Culvert Project includes the reconstruction of an
existing culvert, detention overflow structure, and reconfiguration of the existing drainage
system to re-direct water flow to the existing drainage channel and easements.
C. Dam 103 Project
The second of the Projects is known as the Dam 103 Project The Dam 103 Project
involves the construction of new dam and inundation easement capable of impeding the flow of
flood waters into the Lake Creek Tributary 6 basin area.
gall WCIDCMR g1001M WOW MQU'1Vr10--t
0
D.Plans for the Projects
A. Desien and Construction of the Calvert and Dam 103 Proiects
The City has begun preliminary efforts to design the Culvert and Dam 103 Projects. The
City will be responsible for completing the design of the Projects, and shall also be responsible
for overseeing the construction of the Projects.
After construction is complete, the City will operate and maintain the Culvert project.
The general components of the preliminary design of the Culvert Project ore as shown on Exhibit
"A", attached hereto.
After construction is complete, if the final design of Dam 103 is for a regulatory dam,the
WCID will own, operate and maintain the dam. The City agrees to meet and confer with the
WCID regarding all aspects of the design and construction of the Dam 103 Project if that is tine
case. The general components of the preliminary design of the Dam 103 Project are as shown on
Exhibit"A",attached hereto.
B. Tillable of Pro Oce
The 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.
C. Design Consultant
The Parties agree that the City will select an engineering firm/team to perform design and
construction phase services for the projects.
D. Easements Acquisition
The City shall be responsible for coordinating all casements and land acquisition required
for die Projects.
E. Project Costs
2.
• •
The parties recognize that, at the present time, it is premature to accurately predict the
total costs associated with the Projects. The parties agree that this MOU merely presents an
outline of a course of action regarding preliminary design and construction plans for the Projects. I
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.
HI.
Miscellaneous Provisions
A. Good Paith 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
accomplish the mutual goals and interests set fm1h 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 Agreements contemplated herein and the final agreement
will contain terms and provisions, particularly misting to financial obligations that are not
contained herein.
Executed this day of ,2014.
CITY OF ROUND ROCK,TEXAS
By:
Alan McGraw, Mayor
UPPER BRUSHY CREEK WATER CONTROL
ANXR EMENT DISTRICT
By:
Larry Quick, es,dent
3.
c
m
� m a
o
LU LU U O LL X Q.
W ME
® J n
Milt
Nq
i,
O
C�
\ \ Rae
C � co
TZ
i
�` 5', y ' ��'• ��
i l
H
U
y