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G-00-07-13-9A6 - 7/13/2000ORDINANCE NO. 4- 0O 01- JJ I P40 AN ORDINANCE REGARDING AGREEMENTS PERTAINING TO WILLIAMSON COUNTY REGIONAL RAW WATER LINE; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, Brazos River Authority (the "Authority") is an agency and political subdivision of the State of Texas, being a conservation and reclamation district created and functioning under Article 16, Section 59, of the Texas Constitution, pursuant to the provisions of Chapter 13, Acts of the 41st Legislature of the State of Texas, Second Called Session, 1929, as amended (the "Authority Act"); and WHEREAS, pursuant to the Authority Act, and other applicable laws, the Authority and other entities are authorized to enter into contractual agreements regarding the public purposes for which the Authority was created; and WHEREAS, amongst its authorized purposes, the Authority is authorized to store water in and to divert water from Lake Georgetown and Lake Stillhouse Hollow; and WHEREAS, pursuant to separate and individual contracts heretofore executed between the Authority, on one part, and the City of Georgetown ("Georgetown"), the City of Round Rock ("Round Rock"), Jonah Special Utility District (formerly Jonah Water Supply Corporation)("Jonah"), Brushy Creek Municipal Utility District of K:\WPDOCS\ORDINANC\000713A6.WPD/So Williamson County, Texas ("Brushy Creek") and Chisholm Trail Special Utility District ("Chisholm Trail") (collectively, Georgetown, Round Rock, Jonah, Brushy Creek and Chisholm Trail are herein referred to as the "Participants"), individually on their part, the Authority has contracted to make available to such other parties water from Lake Stillhouse Hollow; and WHEREAS, the Participants are so located that it became desirable from the standpoint of cost that each should divert the surface water which each needs for municipal supply purposes from Lake Georgetown or points between Lake Stillhouse Hollow and Lake Georgetown, rather than from Lake Stillhouse Hollow; and WHEREAS, the Authority, Georgetown, Round Rock and Jonah entered into the "Williamson County Regional Raw Water Line Agreement" (the "Base Agreement"), dated as of June 30, 1986, for the purpose of providing for the Authority to design, construct and operate facilities for transporting water from Lake Stillhouse Hollow committed to Georgetown, Round Rock and Jonah to Lake Georgetown (the "Project") for diversion by them for municipal purposes; and WHEREAS, subsequent to execution of the Base Agreement, the Authority, Georgetown, Round Rock and Jonah entered into "Amendment No. 1 to Williamson County Regional Raw Water Line Agreement" ("Amendment No. 1"), dated as of January 9, 1997 and "Second 2 Amendment to Williamson County Regional Raw Water Line Agreement" ("Amendment No. 2"), dated as of December 22, 1998; and WHEREAS, Section 15 of the Base Agreement provides that the Authority may provide service from the Project to parties other than Georgetown, Round Rock and Jonah, provided that certain conditions are met; and WHEREAS, such conditions having been met, the Authority entered into separate agreements with Brushy Creek called the "Participation Agreement with Respect to Williamson County Raw Water Line" ("Brushy Creek Agreement"), dated as of October 1, 1998 and subsequently with Chisholm Trail called the "Chisholm Trail Participation Agreement with Respect to Williamson County Raw Water Line" ("Chisholm Trail Agreement"), dated as of March 15, 1999, respectively; and WHEREAS, upon determining that the Texas Water Development Board would agree to pay for and acquire an undivided interest in the Project to be held for later acquisition by Authority as usage of Project increased, thus reducing the interim costs to the Participants pending their full need for the transportation capacity of the Project, the Authority and the Participants entered into the "Supplemental Agreement Respecting Williamson County Raw Water Line" ("Supplemental Agreement"), dated as of May 20, 1999; and 3 WHEREAS, in order to accommodate the differences in the timing of water transportation needs and associated costs of the Project of the Participants, Authority and the Participants entered into the "Amendment of Agreements Respecting Construction and Operation of Williamson County Raw Water Line" ("Amendment of Multiple Agreements"), dated as of April 17, 2000; and WHEREAS, collectively, the Base Agreement, Amendment No. 1, Amendment No. 2, Brushy Creek Agreement, Chisholm Trail Agreement, Supplemental Agreement and Amendment of Multiple Agreements are referred to as the "Project Agreements"; and WHEREAS, in anticipation of the issuance of bonds by the Authority to finance costs of the Project pursuant to the Project Agreements, and in order to clearly establish, authorize, ratify and confirm the contractual arrangements entered into by the Authority and the Participants and all actions taken by the parties since 1986 in reliance on the Project Agreements, it is deemed to be appropriate to adopt this resolution; Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. Section 1. That the City Council hereby incorporates the recitals set forth in the preamble hereto as if set forth in full 4 at this place and further finds and determines that said recitals are true and correct. Section 2. That, with respect to the Project Agreements to which Round Rock is a party, the actions of the City Council in authorizing the execution thereof, the authorization of, and execution of such Project Agreements by officials of Round Rock and all actions taken in reliance upon and pursuant to such Project Agreements are hereby authorized, ratified and confirmed in all respects concurrently with the adoption of this ordinance. Section 3. That the officers of the City Council, the City Manager and the administrative staff of Round Rock are hereby authorized and directed to take any and all actions necessary and appropriate with respect to construction and acquisition of the Project according to the terms and provisions set forth in such Project Agreements. Section 4. That this ordinance shall take effect immediately upon passage and all ordinances, orders and resolutions in conflict herewith are repealed to the extent of any such conflict. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 5 B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 13 ' day of , 2000. Alternative 2. READ and APPROVED on first reading this the day of , 2000. READ, APPROVED and ADOPTED on second reading this the day of , 2000. ATTEST: E LAND, City Secretary City of Round Rock, Texas ROBE A. STLUKA, JR7, Mayor City of Round Rock, exas 6 CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS COUNTIES OF WILLIAMSON AND TRAVIS CITY OF ROUND ROCK We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in Reakie MEETING ON THE 13 DAY OF J , 2000, at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to wit: Robert A. Stluka, Jr., Mayor Isabel Gallahan Earl M. Hairston Jimmy Joseph Tom Nielson Earl Palmer Rick Stewart CRE2/E P/rr Joanne Land, City Secretary and all of said persons were present, except the following absentees: /n4 y0€ 9A3cer S72.u1eA , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE REGARDING AGREEMENTS PERTAINING TO WILLIAMSON COUNTY REGIONAL RAW WATER LINE was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion carrying with it the passage of said Ordinance, prevailed and carried with all members present voting "aye" except the following: NOES: NONE ABSTAIN: NON G 2. That a true, full and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by the Texas Government Code, Chapter 551. ORDINANCE REGARDING AGREEMENTS PERTAINING TO WILLIAMSON COUNTY REGIONAL RAW WATER LINE THE STATE OF TEXAS CITY OF ROUND ROCK WHEREAS, Brazos River Authority (the "Authority") is an agency and political subdivision of the State of Texas, being a conservation and reclamation district created and functioning under Article 16, Section 59, of the Texas Constitution, pursuant to the provisions of Chapter 13, Acts of the 41st Legislature of the State of Texas, Second Called Session, 1929, as amended (the "Authority Act"); and WHEREAS, pursuant to the Authority Act, and other applicable laws, the Authority and other entities are authorized to enter into contractual agreements regarding the public purposes for which the Authority was created; and WHEREAS, amongst its authorized purposes, the Authority is authorized to store water in and to divert water from Lake Georgetown and Lake Stillhouse Hollow; and WHEREAS, pursuant to separate and individual contracts heretofore executed between the Authority, on one part, and the City of Georgetown ("Georgetown"), the City of Round Rock ("Round Rock"), Jonah Special Utility District (formerly Jonah Water Supply Corporation)("Jonah"), Brushy Creek Municipal Utility District of Williamson County, Texas ("Brushy Creek") and Chisholm Trail Special Utility District ("Chisholm Trail")(collectively, Georgetown, Round Rock, Jonah, Brushy Creek and Chisholm Trail are herein referred to as the "Participants"), individually on their part, the Authority has contracted to make available to such other parties water from Lake Stillhouse Hollow; and WHEREAS, the Participants are so located that it became desirable from the standpoint of cost that each should divert the surface water which each needs for municipal supply purposes from Lake Georgetown or points between Lake Stillhouse Hollow and Lake Georgetown, rather than from Lake Stillhouse Hollow; and WHEREAS, the Authority, Georgetown, Round Rock and Jonah entered into the "Williamson County Regional Raw Water Line Agreement" (the "Base Agreement"), dated as of June 30, 1986, for the purpose of providing for the Authority to design, construct and operate facilities for transporting water from Lake Stillhouse Hollow committed to Georgetown, Round Rock and Jonah to Lake Georgetown (the "Project") for diversion by them for municipal purposes; and WHEREAS, subsequent to execution of the Base Agreement, the Authority, Georgetown, Round Rock and Jonah entered into "Amendment No. 1 to Williamson County Regional Raw Water Line Agreement" ("Amendment No. 1"), dated as of January 9, 1997 and "Second Amendment to Williamson County Regional Raw Water Line Agreement" ("Amendment No. 2"), dated as of December 22, 1998; and WHEREAS, Section 15 of the Base Agreement provides that the Authority may provide service from the Project to parties other than Georgetown, Round Rock and Jonah, provided that certain conditions are met; and WHEREAS, such conditions having been met, the Authority entered into separate agreements with Brushy Creek called the "Participation Agreement with Respect to Williamson County Raw Water Line" ("Brushy Creek Agreement"), dated as of October 1, 1998 and subsequently with Chisholm Trail called the "Chisholm Trail Participation Agreement with Respect to Williamson County Raw Water Line" ("Chisholm Trail Agreement"), dated as of March 15, 1999, respectively; and WHEREAS, upon determining that the Texas Water Development Board would agree to pay for and acquire an undivided interest in the Project to be held for later acquisition by Authority as usage of Project increased, thus reducing the interim costs to the Participants pending their full need for the transportation capacity of the Project, the Authority and the Participants entered into the "Supplemental Agreement Respecting Williamson County Raw Water Line" ("Supplemental Agreement"), dated as of May 20, 1999; and WHEREAS, in order to accommodate the differences in the timing of water transportation needs and associated costs of the Project of the Participants, Authority and the Participants entered into the "Amendment of Agreements Respecting Construction and Operation of Williamson County Raw Water Line" ("Amendment of Multiple Agreements"), dated as of April 17, 2000; and WHEREAS, collectively, the Base Agreement, Amendment No. 1, Amendment No. 2, Brushy Creek Agreement, Chisholm Trail Agreement, Supplemental Agreement and Amendment ofMultiple Agreements are referred to as the "Project Agreements"; and WHEREAS, in anticipation of the issuance of bonds by the Authority to finance costs of the Project pursuant to the Project Agreements, and in order to clearly establish, authorize, ratify and confirm the contractual arrangements entered into by the Authority and the Participants and all actions taken by the parties since 1986 in reliance on the Project Agreements, it is deemed to be appropriate to adopt this resolution. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK: Section 1. That the City Council hereby incorporates the recitals set forth in the preamble hereto as if set forth in full at this place and further finds and determines that said recitals are true and correct. Section 2. That, with respect to the Project Agreements to which Round Rock is a party, the actions of the City Council in authorizing the execution thereof, the authorization of, and execution of such Project Agreements by officials of Round Rock and all actions taken in reliance upon and pursuant to such Project Agreements are hereby authorized, ratified and confirmed in all respects concurrently with the adoption of this ordinance. Section 3. That the officers of the City Council, the City Manager and the administrative staff of Round Rock are hereby authorized and directed to take any and all actions necessary and appropriate with respect to construction and acquisition of the Project according to the terms and provisions set forth in such Project Agreements. Section 4. That this ordinance shall take effect immediately upon passage and all ordinances, orders and resolutions in conflict herewith are repealed to the extent of any such conflict. 3. That the Mayor of said City has approved and hereby approves the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED the 13 day of JUJ_ , 2000. (SEAL) DATE: July 7, 2000 SUBJECT: City Council Meeting — July 13, 2000 ITEM: 9.A.6. Consider an ordinance concerning agreements pertaining to the Williamson County Regional Raw Water Line. (First Reading) Staff Resource Person: Jim Nuse, Public Works Director.