R-12-11-08-H4 - 11/8/2012RESOLUTION NO. R-12-11-08-114
WHEREAS, the Brushy Creek Regional Utility Authority, (the "BCRUA") was created by the
cities of Cedar Park, Leander, and Round Rock (the "Cities") to provide the Cities with drinking water;
and
WHEREAS, the BCRUA recently completed construction of a 17 MGD water treatment plant
located in the City of Cedar Park; and
WHEREAS, the BCRUA's system consists of the water treatment plant and a future intake
facility and maintenance building to be located on Site 4, which is located within the city limits of the
Village of Volente ("Volente"); and
WHEREAS, the BCRUA's system will also consist of a future Pumping Station to be located
on Site 4, or on Site 8, which is located outside of Volente's city limits and on property owned by the
Lower Colorado River Authority; and
WHEREAS, the BCRUA and Volente have approved a Memorandum of Understanding
whereby they have agreed to work cooperatively and in good faith to obtain the necessary approvals to
locate the Pumping Station on Site 8; and
WHEREAS, the City Council wishes to ratify the Memorandum of Understanding between the
BCRUA and Volente regarding the location of the Pumping Station, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby ratifies the Memorandum of Understanding between the Brushy
Creek Regional Utility Authority and the Village of Volente to locate the Pumping Station on Site 8, 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
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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 8th day of November, 2012.
ATTEST:
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOL) is made by and between the Brushy Creek
Regional Utility Authority, (the `BCRUA") a local government corporation composed of the cities of
Cedar Park, Leander, and Round Rock (the "Cities") and the Village of Volente ("Volente"), a Texas
general law city.
RECITALS
WHEREAS, the BCRUA was created by the Cities to design, construct and operate a regional
water transmission and treatment system to provide the Cities with drinking water; and
WHEREAS, each of the Cities has contracted with the Lower Colorado River Authority for
water stored in Lake Travis; and
WHEREAS, the BCRUA has recently completed construction of a 17 MGD water treatment
plant (the "Treatment Plant") located in the City of Cedar Park; and
WHEREAS, in order for the Cities to have a dependable method of accessing their contracted
water in times of severe drought, it is necessary for the BCRUA to design, construct, and operate a
deep water intake facility (the "Intake Facility") and a pumping facility (the "Pumping Facility") to
transmit the water from Lake Travis to the Treatment Plant; and
WHEREAS, the BCRUA has spent the last four years studying the feasibility of various sites
on which to locate the Intake Facility and the Pumping Facility; and
WHEREAS, after receiving the results of the aforesaid study, the BCRUA determined that Site
4 was the preferred site for the Intake Facility and the Pumping Facility; and
WHEREAS, Site 4 is located entirely within the city limits of Volente and is zoned for
residential use; and
WHEREAS, Volente objects to locating any part of the facility on Site 4 due to existing
residential zoning restrictions and because Volente believes that the BCRUA's facility will have
negative impacts to its citizens; and
WHEREAS, Volente and BCRUA recognize the benefits of finding a compromise that serves
the best interests of both parties and avoids expensive, lengthy litigation; and
WHEREAS, Volente has requested that BCRUA consider placing the Pumping Station on Site
8, which is outside of Volente's city limits and on property owned by LORA; and
WHEREAS, Volente will not object to the BCRUA's locating the Intake Facility and
maintenance structure on Site 4 if the BCRUA is successful in locating the Pumping Station on Site 8;
and
EXHIBIT
„A„
00260460
WHEREAS, changing the site of the Pumping Station from Site 4 to Site 8 will increase the
cost to the BCRUA by approximately $6,000,000 ; and
WHEREAS, LCRA's proposed use for Site 8 is a public park; and
WHEREAS, in spite of the increased cost, the BCRUA is willing to designate Site 8 as its
preferred site for the location of the Pumping Station if Volente agrees to support BCRUA's efforts to
move the Pumping Station to Site 8; and
WHEREAS, if the BCRUA is successful in obtaining permission to relocate the Pumping
Station to Site 8, Volente agrees to withdraw its objections to using Site 4 for the Intake Facility and
maintenance building; and
WHEREAS, Volente wishes to express its willingness to officially support and assist BCRUA
in its efforts to obtain the approval of LORA, and if necessary, Travis County to designate Site 8 as the
preferred site for the Pumping Station; and
WHEREAS, BCRUA and Volente understand that the Intake Facility and maintenance building
will be located on Site 4 provided that BCRUA is successful in moving the Pumping Station to Site 8;
NOW THEREFORE, the BCRUA and Volente agree to work cooperatively and in good faith
to obtain the necessary approvals to locate the Pumping Station on Site 8 as set forth below:
ARTICLE I
GENERAL DESCRIPTION OF BCRUA SYSTEM
1.1 BCRUA's system consists of the water Treatment Plant currently located in the city of Cedar
Park, and a future Intake Facility and maintenance building to be located on Site 4, and a
Pumping Station to be located either on Site 4 or Site 8.
ARTICLE II
BCRUA'S INTENTIONS
2.1 BCRUA intends to locate its Intake Facility and a maintenance building on Site 4. Subject to
Volente's agreement to provide support, BCRUA intends to pursue the necessary permissions
and arrangements to locate the Pumping Station on Site 8. If BCRUA, with Volente's
assistance, is able to locate the Pumping Station on Site 8, then BCRUA intends to locate the
Pumping Station on Site 8. If BCRUA, with Volente's assistance, is not able to locate the
Pumping Station of Site 8, then BCRUA intends to locate the Pumping Station on Site 4.
BCRUA understands that Volente will oppose any effort to construct on Site 4 unless BCRUA
has obtained all approvals required by Volente ordinances to locate and construct the Intake
Facility, maintenance building and Pumping Station on Site 4.
2.2 BCRUA intends to use its best efforts to obtain all necessary approvals to locate the Pumping
Station on Site 8.
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2.3 With respect to the design, construction, and operation of the Intake Facility and maintenance
building on Site 4, BCRUA intends to deal with Volente in good faith with respect to complying
with the applicable and reasonable development regulations of Volente.
ARTICLE III
VOLENTE'S INTENTIONS
3.1 Volente intends to use its best efforts to support and assist BCRUXs efforts to obtain all
necessary approvals to locate the Pumping Station on Site 8.
3.2 Provided that the BCRUA is successful in locating the Pumping Station on Site 8, Volente
intends to withdraw objections to BCRUA's decision to design, construct and operate its Intake
Facility and maintenance building on Site 4.
3.3 With respect to the design, construction and operation of the Intake Facility and maintenance
building on Site 4, Volente intends to deal with the BCRUA in good faith with respect to
imposing the applicable and reasonable development regulations of Volente.
ARTICLE IV
LEGAL EFFECT OF MOU
4.1 This MOU is intended to provide an outline of the current understanding of the parties hereto,
and is not intended to legally bind the parties to the terms and conditions stated herein. The parties,
however, agree that the terms and conditions stated herein are reasonable and provide an outline for
future good -faith actions and agreement by the parties. However, should either party fail to pursue
meaningfully and in good -faith the conditions stated herein, each party reserves the right to pursue
other avenues as it deems prudent.
This MOU is effective on the date last entered below:
BRUSHY CREEK REGIONAL UTILITY
AUTHORITY
By:
Chris Fielder, President
Date:
VILLA E OF VOL TE
By: �/nG
Justine Blackmore Hlista, Mayor
Date: (0 — l � — 010 /'�_
3
:K, TEXAS City Council Agenda Summary Sheet
i PROSPERITY.
Agenda Item No. H4.
Consider a resolution ratifying a Memorandum of Understanding between the Brushy
Agenda Caption: Creek Regional Utility Authority and the Village of Volente.
Meeting Date: November 8, 2012
Department: Legal
Staff Person making presentation: Steve Sheets
Atto
Item Summary:
The Village of Volente and the BCRUA have entered into a Memorandum of Understanding regarding Site 4 and the
Pumping Station Facility. This resolution ratifies the action of the BCRUA Board of Directors.
Cost: N/A
Source of Funds: N/A
Recommended Action: Approval