R-06-09-28-14B1 - 9/28/2006RESOLUTION NO. R -06-09-28-14B1
WHEREAS, the Brazos River Authority ("BRA") the City of
Georgetown, the City of Round Rock ("City"), and the Jonah Water Supply
Corporation (n/k/a Jonah Water Special Utility District) entered into
the Williamson County Regional Raw Water Line Agreement (Base
Agreement) on July 9, 1986, as amended by Amendment No. 1 dated January
9, 1997 and Amendment No. 2 dated March 23, 1998, and
WHEREAS, Brushy Creek Municipal Utility District and Chisholm
Trail Special Utility District became Participants of the Base
Agreement in October 1998 and March 1999, respectively, and
WHEREAS, there have been multiple modifications made to the Base
Agreement and in order to avoid ambiguity, BRA has prepared a document
entitled Third Amendment of Agreements Among Customers, and
WHEREAS, the City Council wishes to approve the Third Amendment
of Agreements Among Customers, 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 the Third Amendment of Agreements Among Customers
with Brazos River Authority, City of Georgetown, City of Round Rock,
Jonah Water Special Utility District, Brushy Creek Municipal Utility
District, and Chisholm Trail Special Utility District, a copy of said
contract being attached hereto as Exhibit "A" 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
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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 September, 2006.
ATTEST:
R
, Mayor
Ci y of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
2
y
THIRD AMENDMENT OF AGREEMENTS AMONG CUSTOMERS
This THIRD AMENDMENT OF AGREEMENTS AMONG CUSTOMERS ("Amendment of
Agreements") made and entered into this day of , 2006, by and between
BRAZOS RIVER AUTHORITY ("Authority"), CITY OF GEORGETOWN ("Georgetown"),
CITY OF ROUND ROCK ("Round Rock"), JONAH WATER SPECIAL UTILITY DISTRICT
("Jonah"), BRUSHY CREEK MUNICIPAL UTILITY DISTRICT ("Brushy Creek"), AND
CHISHOLM TRAIL SPECIAL UTILITY DISTRICT ("Chisholm Trail").
1. RECITALS:
a. Authority and Georgetown, Round Rock and Jonah ("Par nts") entered into the
"Williamson County Regional Raw Water Line Agreement Bee—' ,azos River Authority and
City of Georgetown, City of Round Rock and Jonah Water Silly Cortion" ("Base
Agreement") on July 9, 1986. Underlying the Base Agre«t Ace raw wcontracts between
Authority and Participants respectively, which are colively'-defined in these Agreement as
the "Stillhouse Supply Agreements".
b. The Base Agreement was amended by" A1ent No .to Williamsonity
Regional Raw Water Line Agreement", dated January's -97
c. Following this amendment, Brushy Creek and Clirn Trail ("Additional
Participants") became Participants in agi rents dated Octo 1 1998, March 15, 1999,
respectively ("Additional Participant Agrts"). Underlying.FAdditional Participant
Agreements are raw water contracts betwe y_and Addiri Participants respectively,
which are defined in the Additional Participt Agras "Sully Agreements".
d. The Base Agreement was again amend bSee ndment to Williamson County
Regional Raw Water Linent By and AFeen Braz diver Authority and City of
Georgetown, City of Ind Rod Jonah Water Special Utility District" ("Second
Amendment"), datesligrish 23, 1 c", which amorother modifications, replaced the definition
of "Stillhouse Supply Ag ents uit . a new deffigiron which incorporated all then -present
raw water contrats betvveeMfilitirciM3SEraartioirants and Additional Participants
("Customevaterld be transpeited from Lake Stillhouse Hollow to Lake
Georgen throughlliamounty Regional Raw Water Line ("Project").
e_ -en, the Base Anent aMargitional Participant Agreements (collectively "Multiple
Agreeme were amends "Supgiemental Agreeinent Respecting Williamson County Raw
Water Lined May 20, 1, which allowed for the Texas Water Development Board to
participate in IiiMoject.
f. Finally, tultiple.f'greements were amended by "Amendment Of Agreements
Respecting Construe Operation Of Williamson County Raw Water Line" dated April
17, 2000, which modi Subsection 5(b) of Base Agreement and Subsection 6(b) of the
Additional Participant Agreements.
g. In the interim, the Stillhouse Supply Agreements and Supply Agreements have
undergone multiple modifications.
h. In order to avoid ambiguity in the Multiple Agreements due to the changes in the
Stillhouse Supply Agreements and Supply Agreements this Third Amendment of Agreements
shall modify the definition of "Stillhouse Supply Agreements" asdefined in the Base Agreement
and modified in the Second Amendment, and "Supply Agreements" as defined in the Additional
Participant Agreements.
EXHIBIT
2. AMENDMENT TO DEFINITIONS:
Section 2. Definitions (cc) "Stillhouse Supply Agreements" of Base Agreement as modified by
Second Amendment, and Section 1. Definitions (z) "Supply Agreements" of Additional
Participant Agreements are deleted in their entirety and replaced with the following:
"Stillhouse Supply Agreements": means the contracts for water supplied by the Authority
from the Brazos River Authority water supply system which will be diverted from Lake
Stillhouse Hollow and transported through the Project. The parties hereto acknowledge
that the Authority may supply water under the Stillhouse Su Keements from
multiple and varied Brazos River Authority water supply Vices.
The term "Stillhouse Supply Agreements" shall replace the tai "Suplfpreements"
throughout the entirety of the Additional Participant Agre en - ,
3. MULTIPLE COUNTERPARTS:
Circulation of counterparts of this Amendment of Agre t,fgrorngCustomers to- obtain the
signatures of all Customers on the same copies hereof woke inconvenient and result in delay.
Therefore, this Amendment of Agreemet&laas been prepareWtanultiple copies with two copies
being prepared for signature on behalf of toatfzmiV, on the ones„ and on behalf of each
Customer, alone, on the other hand. When Tl ce�}ave been sign behalf of Authority
and each of the copies prepared for the signore oft ustomei 4 as been signed by such
Customer, Authority shall give written notice if si"fac'tistomers and this Amendment
of Agreements shall thereeome effectivuthority 011 retain possession of one copy
of this Amendment oieemei.ecuted by its the one hand and each Customer on the other
hand. Each Custon ' 1receive ssession of'die copy executed by Authority on the one
hand and by it on the othid. 'Jmendment_ Agreement, when it becomes effective,
shall be binding,mAuthor ..xs-acE subject to enforcement by any party against
any other. -
f UTNESS WHISEOF, th parties have caused this amendment to be duly executed,
intending ti kound thereb n this the day of , 2006.
ATTEST:
BRAZOS RIVER AUTHORITY
BY
Phil Ford, General Manager/CEO
"Authority"
ATTEST:
ATTEST:
CITY OF GEORGETOWN
BY
Mayor
"Geetown"
4111011IIIMM. IMO
MTY OF ROUND ROCK"—'
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Vftik
~"Round Rock"
Wow
ATTEST:
'VW WNW
MY AVIIMIM.
Mayor
JONAH WATER SPECIAL UTILITY
DISTRICT
BY
"Jonah"
President
ATTEST:
ATTEST:
..1.01140101.0. 11,0000
.00100000, 1100‘
•
BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT
BY
President
��lCreek"
ISHOLI - TRAIL SPECITILITY
DIi.IC_
BY
President
410▪ 0. 4000 ..•00010.001,01101000,
"Chisholm Trail"
DATE: September 21, 2006
SUBJECT: City Council Meeting - September 28, 2006
ITEM: 14.B.1. Consider a resolution authorizing the Mayor to execute the
Third Amendment of Agreements Among Customers with
Brazos River Authority, City of Georgetown, Jonah Water
Special Utility District, Brushy Creek Municipal Utility District
and Chisholm Trail Special Utility District.
Department:
Staff Person:
Administration
Jim Nuse, City Manager
Justification:
The amendment will allow the Brazos River Authority (BRA) to release our Lake Travis
water.
Funding:
Cost: N/A
Source of Funds: N/A
Outside Resources: Brazos River Authority (BRA)
Background Information: N/A
Public Comment: N/A