Contract - Upper Brushy Creek WCID - 8/28/2014 (2) (4+ J
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
("WC[D"). 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. Projects 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").
B. Culvert Proiect
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.
Draft weID CORR Chisholm vauev Mou-wap comment 861S 14
R-2014-1715
11. Plans for the Projects
A. Design and Construction of the Culvert and Dam 103 Projects
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 are 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 the
case. The general components of the preliminary design of the Dam 103 Project are as shown on
Exhibit"A", attached hereto.
B. Timing of Projects
The parties each acknowledge that it is in their best interests to design and construct the
Projects as soon as possible. 'f he 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 easements and land acquisition required
for the Projects.
E. Project Costs
2.
V
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.
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.
III.
Miscellaneous Provisions
A. Good Faith Neeotiations
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 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 Agreements contemplated herein and the final agreement
will contain terms and provisions, particularly relating to financial obligations that are not
contained herein.
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Executed this ?F� day of , 2014.
CITY 0,r*,12OUND ROC
By: /Y1
1
Alan McGraw, Mayor
UPPER BRUSHY CREEK WATER CONTROL
AND IMPR)OIVEMENT DISTRICT
By:
Larry Quick, Ilesident
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