Loading...
R-06-07-27-11C1 - 7/27/2006RESOLUTION NO. R -06-07-27-11C1 WHEREAS, Lower Colorado River Authority ("LCRA") desires to expand the existing Brushy Creek Regional Wastewater Treatment Plant, and construct a 7,750 square foot administration building, and WHEREAS, the City will benefit from the current and future expansions of said treatment plant, WHEREAS, the City and LCRA desire to enter into a Development Agreement to set forth in writing certain covenants and agreements, 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 Development Agreement with the Lower Colorado River Authority, a copy of same being attached hereto as Exhibit 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 27th day of July, 2006. / \\ A// T ST: NYL Ci y CHRISTINE R. MARTINEZ, City Secrjary @PFDesktop\::ODMA/WORLDOX/O:/wdox/RESOLUTI/R60727C1.WPD/rmc yor Round Rock, Texas DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into on this the day of , 2006, by and between the City of Round Rock, a Texas home -rule municipal corporation (the "City"), and the Lower Colorado River Authority (the "LCRA"). RECITALS: WHEREAS, the LCRA is the owner of that certain tract of land more further described in Exhibit "A", attached hereto and incorporated herein (the "Property"); and WHEREAS, the LCRA desires to expand the existing Brushy Creek Regional Wastewater Treatment Plant on the Property; and WHEREAS, the City is supportive of, and will benefit from, the current and future expansions of said treatment plant; and WHEREAS, the City and the LCRA desire to enter into this Agreement to set forth in writing certain covenants and agreements; NOW, THEREFORE, that for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and the LCRA agree as follows: AGREEMENT 1. Project. The initial Project will consist of the construction of a 10 million gallon -per -day expansion of the existing wastewater treatment plant currently located on the Property, as well as the construction of a 7,750 square foot Administrative/Operations building. The current wastewater treatment plant, the proposed and future expansions of said plant and the 7,750 square foot office building are shown on the sketch attached hereto and incorporated herein as Exhibit "A". The portion of the Project which includes the existing treatment plant and the expansions of the plant are designated as the "Secure Area" on Exhibit "A". The area outside of the Secure Area, which includes the 7,750 square foot Administrative/Operations building, is designated as the "Non -Secure Area" on Exhibit "A". 2. Effective Date. This Agreement shall be effective on the date it has been signed by the Mayor of the City of Round Rock and the General Manager or his designee of LCRA. 3. Construction of Project. Except as provided herein, the City agrees that any proposed new construction of the Project within the Secure Area will be exempt from any City plan review, fees, or City inspections. When proposed new construction within the Secure Area is within a special flood hazard area as defined within Section 3.1000 of the Round Rock City Code, permitting and inspection by the City to the extent necessary to satisfy the requirements of 1 EXHIBIT nAn said Section 3.1000 shall apply, provided that permit fees will be waived by the City. Within the Secure Area, the LCRA shall ensure that proposed new construction meets or exceeds applicable requirements, i.e. state building codes. However, the LCRA agrees that any proposed construction within the Non-Secure Area is not exempt from City plan reviews, fees, or inspections, or any other applicable City regulations. Furthermore, the LCRA agrees to protect proposed new construction of Critical Components and Buildings associated with the Project, within both the Secure and Non-Secure Areas, to two feet above the 500-year floodplain, said floodplain as defined within the Flood Profiles of the Flood Insurance Study (FIS) for Williamson County, Texas and Incorporated Areas, published by the Federal Emergency Management Agency (FEMA) dated January 3, 1997. Protection shall be achieved by elevating or flood proofing to two feet above said 500-year floodplain level. All critical components and buildings within said 500-year floodplain shall be designed and adequately anchored to prevent floatation, collapse or lateral movement resulting from hydrostatic or hydrodynamic forces, including the effects of buoyancy. Critical components and buildings are those items that, if flooded, would adversely affect the ability of the treatment plant to operate properly, including, but not limited to, the following items: administration/ laboratory building, blower building, sludge buildings, chlorination/dechlorination building, influent lift station, aeration basins and final clarifiers. Prior to construction, the LCRA shall submit appropriate information, including engineered drawings and analyses, to demonstrate to the City that critical components and buildings will conform to the requirements herein. Fencing around the Secure and Non-Secure Areas is allowed provided fencing is properly anchored and designed to allow passage of flood water up to and including the 500-year flood. 4. Utility Service. The City agrees to provide water service to the Project and will impose all impact fees, connection fees, monthly service charges and other reasonable charges for such water service. Such charges will then become part of the Capital or Flow Charges of the facility to be recovered as set forth in the contracts between LCRA, the Brazos River Authority and the customers of the Brushy Creek Regional Wastewater System. The City agrees and recognizes that LCRA will provide its own wastewater service to the existing and expanded Project and will not be required to pay for any wastewater impact fees, wastewater discharge permit fees, monthly service charges, franchise fees and/or other charges for such wastewater service. Furthermore, the City agrees to refund to the LCRA any wastewater impact fees and wastewater discharge permit fees received from LCRA after October 1, 2005. 5. No Partnership. This Agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee or borrowed servant relationship by and among the parties. 6. Notice. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (i) when delivered personally to the recipient's address as stated in this Agreement; or (ii) sent, by certified or registered mail, return receipt requested to the recipient's address as stated in this Agreement. The addresses of the parties provided below may be changed by similar notice in writing given by the party whose address is to be changed. For the purposes of this Section 6, the addresses of the parties for all notices are as follows: 2 If to the City: The City of Round Rock Attention: James R. Nuse, City Manager 221 East Main Street Round Rock, TX 78664 With a copy to: Stephan L. Sheets Sheets & Crossfield, P. C. 309 East Main Street Round Rock, TX 78664 If to the LCRA: Lower Colorado River Authority Attention: Scott B. Ahlstrom P.O. Box 220 Austin, TX 78767 With a copy to: Vic Ramirez Associate General Council Lower Colorado River Authority P.O. Box 220 Austin, TX 78767 7. Miscellaneous. (a) Force Majeure. Neither the City nor the LCRA shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. (b) Assignment. This Agreement may not be assigned without the prior express written consent of the other party, which consent shall not be unreasonably, withheld, conditioned or delayed. (c) Modification. This Agreement may not be modified or amended except by a subsequent agreement in writing signed by both parties. (d) Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and assigns. (e) Entire Agreement. This Agreement and Exhibits "A" and "B" attached hereto constitute the entire agreement and understanding between the parties and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. (I) Governing Law. This Agreement will be construed and interpreted in accordance with the laws of the State of Texas and venue for any legal proceedings instituted regarding this Agreement will be in Williamson County, Texas. 3 (g) Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any provisions hereof. (h) Gender and Number. Words of any gender used in this Agreement will be construed to include the other gender and words in the singular number will be construed to include the plural, and vice versa, as the context may require herein. (i) Multiple Counterparts. This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall be necessary to produce or account for more than one such counterpart. EXECUTED to be effective this day of , 2006. ATTEST: CITY OF ROUND ROCK Christine R. Martinez, City Secretary By: Date: James R. Nuse City Manager LOWER COLORADO RIVER AUTHORITY Bv: Date: A - ► r S ott B. Ahlstrom, P.E, PMP, Manager Water & Wastewater Utility Services -3/ X10(,) 4 liIIIlFiI1 11! 1010111111 DATE: July 20, 2006 SUBJECT: City Council Meeting - July 27, 2006 ITEM: 11.C.1. Consider a resolution authorizing the Mayor to execute a development agreement with the Lower Colorado River Authority regarding expansion of the Brushy Creek Regional Wastewater Treatment Plant. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Utilities Director Justification: The LCRA is expanding the Brushy Creek Regional Wastewater Treatment Plant and is constructing a 7,750 square foot administration building. This agreement exempts the expansion from City plan reviews, fees and inspections. The treatment plant expansion must meet all applicable building codes. Funding: Cost: N/A Source of funds: N/A Outside Resources: Lower Colorado River Authority (LCRA) Background Information: The LCRA operates the Brushy Creek Regional Wastewater System under contract with the cities of Round Rock, Cedar Park and Austin, and the Brushy Creek Municipal Utility District and Fern Bluff Municipal Utility District. Any fees paid by LCRA are billed back to the customer cities. The LCRA will pay all fees related to water service but no fees related to wastewater service. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS This DEVELOPME this the eA % day of home -rule municipal "LCRA"). DEVELOPMENT AGREEMENT T AGREEMENT (the "Agreement") is made and entered into on , 2006, by and between the City of Round Rock, a Texas (the "City"), and the Lower Colorado River Authority (the RECITALS: WHEREAS, the LCRA is the owner of that certain tract of land more further described in Exhibit "A", attached hereto and incorporated herein (the "Property"); and WHEREAS, the LCRA desires to expand the existing Brushy Creek Regional Wastewater Treatment Plant on the Property; and WHEREAS, the City is supportive of, and will benefit from, the current and future expansions of said treatment plant; and WHEREAS, the City and the LCRA desire to enter into this Agreement to set forth in writing certain covenants and agreements; NOW, THEREFORE, that for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and the LCRA agree as follows: AGREEMENT 1. Project. The initial Project will consist of the construction of a 10 million gallon -per -day expansion of the existing wastewater treatment plant currently located on the Property, as well as the construction of a 7,750 square foot Administrative/Operations building. The current wastewater treatment plant, the proposed and future expansions of said plant and the 7,750 square foot office building are shown on the sketch attached hereto and incorporated herein as Exhibit "A". The portion of the Project which includes the existing treatment plant and the expansions of the plant are designated as the "Secure Area" on Exhibit "A". The area outside of the Secure Area, which includes the 7,750 square foot Administrative/Operations building, is designated as the "Non -Secure Area" on Exhibit "A". 2. Effective Date. This Agreement shall be effective on the date it has been signed by the Mayor of the City of Round Rock and the General Manager or his designee of LCRA. 3. Construction of Project. Except as provided herein, the City agrees that any proposed new construction of the Project within the Secure Area will be exempt from any City plan review, fees, or City inspections. When proposed new construction within the Secure Area is within a special flood hazard area as defined within Section 3.1000 of the Round Rock City Code, permitting and inspection by the City to the extent necessary to satisfy the requirements of R-oc0-o7-Ai. 'ICI said Section 3.1000 shall apply, provided that permit fees will be waived by the City. Within the Secure Area, the LCRA shall ensure that proposed new construction meets or exceeds applicable requirements, i.e. state building codes. However, the LCRA agrees that any proposed construction within the Non-Secure Area is not exempt from City plan reviews, fees, or inspections, or any other applicable City regulations. Furthermore, the LCRA agrees to protect proposed new construction of Critical Components and Buildings associated with the Project, within both the Secure and Non-Secure Areas, to two feet above the 500-year floodplain, said floodplain as defined within the Flood Profiles of the Flood Insurance Study (FIS) for Williamson County, Texas and Incorporated Areas, published by the Federal Emergency Management Agency (FEMA) dated January 3, 1997. Protection shall be achieved by elevating or flood proofing to two feet above said 500-year floodplain level. All critical components and buildings within said 500-year floodplain shall be designed and adequately anchored to prevent floatation, collapse or lateral movement resulting from hydrostatic or hydrodynamic forces, including the effects of buoyancy. Critical components and buildings are those items that, if flooded, would adversely affect the ability of the treatment plant to operate properly, including, but not limited to, the following items: administration/ laboratory building, blower building, sludge buildings, chlorination/dechlorination building, influent lift station, aeration basins and final clarifiers. Prior to construction, the LCRA shall submit appropriate information, including engineered drawings and analyses, to demonstrate to the City that critical components and buildings will conform to the requirements herein. Fencing around the Secure and Non-Secure Areas is allowed provided fencing is properly anchored and designed to allow passage of flood water up to and including the 500-year flood. 4. Utility Service. The City agrees to provide water service to the Project and will impose all impact fees, connection fees, monthly service charges and other reasonable charges for such water service. Such charges will then become part of the Capital or Flow Charges of the facility to be recovered as set forth in the contracts between LCRA, the Brazos River Authority and the customers of the Brushy Creek Regional Wastewater System. The City agrees and recognizes that LCRA will provide its own wastewater service to the existing and expanded Project and will not be required to pay for any wastewater impact fees, wastewater discharge permit fees, monthly service charges, franchise fees and/or other charges for such wastewater service. Furthermore, the City agrees to refund to the LCRA any wastewater impact fees and wastewater discharge permit fees received from LCRA after October 1, 2005. 5. No Partnership. This Agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee or borrowed servant relationship by and among the parties. 6. Notice. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (i) when delivered personally to the recipient's address as stated in this Agreement; or (ii) sent, by certified or registered mail, return receipt requested to the recipient's address as stated in this Agreement. The addresses of the parties provided below may be changed by similar notice in writing given by the party whose address is to be changed. For the purposes of this Section 6, the addresses of the parties for all notices are as follows: 2 If to the City: The City of Round Rock Attention: James R. Nuse, City Manager 221 East Main Street Round Rock, TX 78664 With a copy to: Stephan L. Sheets Sheets & Crossfield, P. C. 309 East Main Street Round Rock, TX 78664 If to the LCRA: Lower Colorado River Authority Attention: Scott B. Ahlstrom P.O. Box 220 Austin, TX 78767 With a copy to: Vic Ramirez Associate General Council Lower Colorado River Authority P.O. Box 220 Austin, TX 78767 7. Miscellaneous. (a) Force Majeure. Neither the City nor the LCRA shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. (b) Assignment. This Agreement may not be assigned without the prior express written consent of the other party, which consent shall not be unreasonably, withheld, conditioned or delayed. (c) Modification. This Agreement may not be modified or amended except by a subsequent agreement in writing signed by both parties. (d) Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and assigns. (e) Entire Agreement. This Agreement and Exhibits "A" and "B" attached hereto constitute the entire agreement and understanding between the parties and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. (0 Governing Law. This Agreement will be construed and interpreted in accordance with the laws of the State of Texas and venue for any legal proceedings instituted regarding this Agreement will be in Williamson County, Texas. 3 (g) Captions. The captions in this Agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement or any provisions hereof. (h) Gender and Number. Words of any gender used in this Agreement will be construed to include the other gender and words in the singular number will be construed to include the plural, and vice versa, as the context may require herein. (i) Multiple Counterparts. This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall be necessary to produce or account for more than one such counterpart. EXECUTED to be effective this 01 7 day of ATTEST: CITY S F ' OUND eivuariiuDieMcotaLp,,r_. Christine R. Martinez, City Secretar , 2006. Date: QtJA, 1)<Z000o LOWER COLORADO RIVER AUTHORITY By: Date: Scott B. Ahlstrom, P.E, PMP, Manager Water & Wastewater Utility Services 2/XL" C 4 HIP11111 111 II,ILll