R-04-04-22-14D2 - 4/22/2004RESOLUTION NO. R -04-04-22-14D2
WHEREAS, the City of Round Rock has previously entered into a
Supplemental Wastewater Construction and Disposal Contract ("Contract")
with the Lower Colorado River Authority ("LCRA") for the construction,
maintenance and operation of the Chandler Creek Interceptor Line, and
WHEREAS, the City and LCRA now desire to enter an Amendment to
the Contract extending the time period for the purchase of the Chandler
Creek Interceptor Line by the City to June 30, 2004, 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 an Amendment to Supplemental Wastewater Construction
and Disposal Contract with the Lower Colorado River Authority, 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 22nd day of April, 2004.
4
CHRISTINE R. MARTINEZ, City Secretar
@PFDesktop\ ODMA/WORLDOX/O: /WDOX/RESOLUTI/R40422D2.WPD/sc
NY
City
ELL, Myour
Round Rock, Texas
EXHIBIT
.0 "An
AMENDMENT
TO SUPPLEMENTAL WASTEWATER CONSTRUCTION
AND DISPOSAL CONTRACT
This Amendment ("Amendment") is hereby made to that certain Supplemental Wastewater
Construction and Disposal Contract ("Contract") by and between the Lower Colorado River
Authority ("LCRA") and the City of Round Rock, Texas ("Round Rock"), to wit:
and
RECITALS:
WHEREAS, LCRA and Round Rock entered into the Contract on or about April 13, 2000;
WHEREAS, the Contract provided for the construction, maintenance and operation of a
certain wastewater interceptor line and related facilities, identified as the "Chandler Creek
Interceptor Line," to flow to the Brushy Creek Regional Wastewater Disposal System; and,
WHEREAS, the contract provides an option for Round Rock to purchase the Chandler Creek
Interceptor Line that Round Rock now desires to exercise:
NOW THEREFORE, in mutual consideration of the premises and provisions hereinafter
contained, LCRA and Round Rock agree to amend said Contract as follows:
1. Section 4 of the Contract is hereby amended to read in its entirety as follows:
"Section 4. Round Rock Option to Purchase Chandler Creek Interceptor Line. LCRA shall
notify Round Rock in writing when construction of the Chandler Creek Interceptor Line is
substantially complete. For a period of time commencing upon execution of this agreement
and continuing until June 30, 2004, Round Rock shall have the option to purchase the
Chandler Creek Interceptor Line from LCRA by giving LCRA at ]east ten (10) days written
notice of Round Rock's election to do so. If Round Rock elects to exercise the option, the
purchase price shall be the sum of (i) the actual costs of construction incurred by LCRA
together with the carrying costs thereon per annum based on the six-month United States
Treasury Bill rate for each month from the date LCRA incurs such costs to the date of
purchase by Round Rock; (ii) all out-of-pocket costs (i.e., non-intemal LCRA costs for
engineering, design, permitting, inspection and similar costs incurred by LCRA in connection
with the construction of the Chandler Creek Interceptor Line (including, without limitation,
any amounts paid to BRA for construction inspection services and the cost of any easements
or similar rights-of-way for the line) together with carrying costs thereon as provided herein
from the date LCRA incurs such costs to the date of purchase by Round Rock; and (iii) an
additional $188,000.00 to reimburse LCRA for its construction management services. If
Round Rock elects to purchase the Chandler Creek Interceptor Line and gives notice to
LCRA of its intent to do so, then the parties shall promptly schedule a closing not later than
LCRA - Round Rock Amendment
To Supplemental Wastewater Construction and Disposal Contract
1
June 30, 2004, at which closing Round Rock will pay the purchase price for the Chandler
Creek Interceptor line, and LCRA will convey to Round Rock the Chandler Creek Interceptor
Line, together with all easements or other rights-of-way related thereto pursuant to a special
warranty conveyance and any remaining constnlction rights and obligations, if any. After
any such closing, this Agreement shall terminate and be of no further force and effect."
2. By execution of this instrument, Round Rock hereby gives notice of its intent to purchase the
Chandler Creek Interceptor Line by June 30, 2004.
3. All sections of the Agreement not amended hereby shall remain in full force and effect. All
defined teinis used in this Amendment shall have the same meaning as provided in the
Agreement unless explicitly defined in or amended by this Amendment.
IN WITNESS WHEREOF, these presents have been executed this AS,c< day of %r
2004.
ATTEST:
By:
Name:
Title:
LOWER COLORADO RIVER AUTHORITY
Bv:
Randy J. ss, P.E., Executive Manager
Water & Wastewater Utility Services
CITY OF ROUND ROCK
By:
Name:
Title:
LCRA - Round Rock Amendment
To Supplemental Wastewater Construction and Disposal Contract
2
DATE: April 16, 2004
SUBJECT: City Council Meeting - April 22, 2004
ITEM: 14.D.2. Consider a resolution authorizing the Mayor to execute an
Amendment to Supplemental Wastewater Construction and
Disposal contract with the Lower Colorado River Authority.
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Director of Utilities
Justification: This amendment extends the time period for the purchase of the
Chandler Creek Interceptor line by the city to June 30, 2004.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Lower Colorado River Authority (LCRA)
Background Information:
Public Comment: N/A
On April 13, 2000, the City and LCRA entered into the
Supplemental Wastewater Construction and Disposal
Agreement so the LCRA could act as the City's agent
and construction of the Chandler Creek Interceptor.
This agreement will extend the closing date and $5.1
million payment to June 30, 2004.