R-2017-4072 - 1/12/2017RESOLUTION NO. R-2017-4072
WHEREAS, the City of Round Rock ("City") has previously entered into an Interlocal
Agreement ("Agreement") with the Brushy Creek Regional Authority ("BCRUA") and the Cities of
Cedar Park and Leander regarding use of construction cost savings from Phase IA of the BCRUA
Regional Water Treatment and Distribution Project on October 20, 2010; and
WHEREAS, the City Council now wishes to enter into Amendment No. 1 to the Agreement to
add items to the list of approved expenditures, 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 Amendment
No. 1 to the Interlocal Agreement Regarding Use of Construction Cost Savings From Phase IA of the
BCRUA Regional Water Treatment and Distribution Project, a copy of same 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 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 12th day of January, 2017.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
&W,". VaH+-
SARA L. WHITE, City Clerk
0112.1704; 00370048
EXHIBIT
„A»
AMENDMENT NO. 1 TO THE
INTERLOCAL AGREEMENT REGARDING USE OF CONSTRUCTION COST
SAVINGS FROM PHASE 1A OF THE BCRUA REGIONAL
WATER TREATMENT AND DISTRIBUTION PROJECT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT
REGARDING USE OF CONSTRUCTION COST SAVINGS FROM PHASE 1A OF THE
BCRUA REGIONAL WATER TREATMENT AND DISTRIBUTION PROJECT
("Amendment No. 1") is entered into between the Brushy Creek Regional Utility Authority
("BCRUA"), the City of Round Rock, Texas, a Texas home -rule city ("Round Rock"); the City
of Cedar Park, Texas, a Texas home -rule city ("Cedar Park"), and the City of Leander, Texas, a
Texas home -rule city ("Leander"). In this Agreement, BCRUA, Round Rock, Cedar Park and
Leander are sometimes individually referred to as "Party" and collectively referred to as
"Parties". In this Agreement, Round Rock, Cedar Park and Leander are sometimes collectively
referred to as "Cities."
Recitals
WHEREAS, on or about the 20th day of October, 2010 the Parties entered into that one
certain Interlocal Agreement Regarding Use of Construction Cost Savings From Phase IA of the
BCRUA Regional Water Treatment and Distribution Project (the "ILA"), for the purpose of
setting forth the terms and conditions for the expenditure of cost savings from Phase IA towards
other items and projects; and
WHEREAS, the Parties wish to amend the ILA to add items to the list of approved
expenditures, Now Therefore, the parties hereby agree as follows:
I.
1.1 Section 2.01 of the ILA is hereby amended to read as follows:
2.01 The cost savings reflected in the Amended Exhibit D may be used by the
Cities only for the projects and purposes as set forth in more detail on the
Amended Exhibit A, attached hereto and incorporated herein for all purposes.
H.
2.1 To the extent necessary to effect the terms and provisions of this Amendment No. 1, the
ILA is hereby amended and modified. In all other respects, the aforesaid ILA is hereby ratified
and confirmed.
2.2 This Amendment No. 1 may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto acting under authority of their respective
governing bodies have caused this Amendment No. 1 to be effective as of the day of
,201—.
SIGNATURES APPEAR ON FOLLOWING PAGES.
2
CITY OF ROUND ROCK:
ATTEST:
By:
Sara White, City Clerk Alan McGraw, Mayor
Date:
CITY OF CEDAR PARK:
ATTEST:
By:
LeAnn Quinn, City Secretary , Mayor
Date:
ATTEST:
Debbie Haile, City Secretary
CITY OF LEANDER:
0
Date:
Mayor
BRUSHY CREEK REGIONAL UTILITY
AUTHORITY
Jon Lux, President
Attest:
By:
Ron Abruzzese, Secretary