The URL can be used to link to this page

R-97-12-18-10C - 12/18/1997 RESOLUTION NO. R-97-12-18-10C WHEREAS, the Lower Colorado River Authority ("LCRA") and the Brazos River Authority ("BRA") have entered into an alliance ("Alliance") in order to implement cooperation and pooling of resources to better provide services in the vicinity of the boundaries of the Colorado and Brazos River Basins, and WHEREAS, the Alliance owns and operates a wholesale wastewater collection system and regional wastewater treatment plant serving an area located in Williamson County, Texas, and WHEREAS, the the City of Round Rock owns and operates Forest Creek Golf Course ("Golf Course") located in the vicinity of the wastewater treatement plan, and WHEREAS, the the City Council desires to enter into an Effluent Irrigation Agreement ("Agreement") with the Alliance to provide effluent irrigation for the Golf Course, a copy of said agreement being attached hereto and incorporated herein for all purposes, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Agreement with the Alliance is approved by the Council and, the City Manager is hereby authorized and directed to execute said Agreement on behalf of the City. 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 K:\WPDOCS\RSSOLUTI\RS71216C.WPD/seg and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 18th day of December, 1997. A. CHARLES C PER, Mayor ATTEST: City of Round Rock, Texas 4 )6.a4� JPE UA�ND, City Secretary 2 . DRAFT OF 10-1-97 EFFLUENT 1MGATION AGREEMENT This Effluent Irrigation Agreement (the"Agreement") is entered into this_day of 1997, by and among the Lower Colorado River Authority("LCRA') and the Brazos River Authority("BRA"), each being a political subdivision of the State of Texas organized pursuant to Article XVI, Section 59, Texas Constitution, and the City of Round Rock, Texas, a political subdivision of the State of Texas, hereafter referred to as"City". RECITALS WHEREAS, LCRA and BRA have recognized that there are areas in the vicinity of the boundaries of the Colorado and Brazos River Basins in which each can provide services which can be better provided if they cooperate and pool resources. WHEREAS, pursuant to such recognition, they have entered into an Alliance to implement such cooperation and pooling of resources, including financial and engineering resources and BRA's experience in the operation of regional sewerage systems. WHEREAS, the Alliance is not a separate entity, but a cooperative effort and dedication of resources of LCRA and BRA. WHEREAS, the undertakings of each of LCRA and BRA provided for in this Agreement are in furtherance of the purposes of the Alliance and are, in that sense, activities of the Alliance. WHEREAS, because the Alliance is not a separate entity, the undertakings of each of LCRA and BRA in this Agreement, though in furtherance of the purposes of the Alliance, are undertakings of the party specified as making same and are, in no sense, undertakings of the other, so that each of LCRA and BRA shall be solely responsible for its own undertakings provided in this Agreement and neither LCRA nor BRA shall be responsible for the performance by the other of its undertakings provided herein. WHEREAS, acting as the Alliance, LCRA owns and BRA operates a wholesale wastewater collection system and regional wastewater treatment plant serving an area located in Williamson County, Texas; and WHEREAS, the City owns and operates the Forest Creek Golf Course(the"Golf Course") located in the vicinity of LCRA's wastewater treatment plant, all as more particularly described in Exhibit"A" hereto; and WHEREAS, LCRA and BRA hold a permit from the Texas Natural Resource revefrdispagt.wpd 1 DRAFT OF 10-1-97 Conservation Commission("TNRCC" or"Commission") (Permit No. 10264-002)which currently authorizes LCRAand BRA to treat and dispose of up to 3.6 million gallons per day of wastewater effluent; and WHEREAS, the City desires to use up to 600,000 gallons per day of the treated effluent for irrigation of the Golf Course. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: ARTICLE I DELIVERY OF EFFLUENT BY LCRA/BRA 1.01 Delivery to Golf Course. During the term of this Agreement, BRA,upon request of the City, agrees to deliver treated wastewater effluent ("Effluent")from LCRA's wastewater treatment plant to the delivery point located at a point within LCRA's wastewater treatment plant site and more particularly described on Exhibit"B" attached hereto and incorporated herein(the "Delivery Point"). LCRA's delivery facilities, as further depicted and identified as the"Proposed Piping" in Exhibit"B" attached hereto(the"Delivery Facilities"), shall be sufficient to provide the City with Effluent at a minimum pressure of 90 psi, such that the quantity set forth in Section 1.02 below shall be available to the City. 1.02 Quantity to be Delivered. BRA, upon request of the City, shall deliver up to a maximum of 600,000 gallons per day(on a thirty day average) of Effluent to the Delivery Point for acceptance by the City. 1.03 Quantity of Effluent to be AcMtedd. The City may request, and upon delivery by BRA shall accept, up to 600,000 gallons per day of Effluent at the Delivery Point during the term of this Agreement. The City agrees to transport, store and dispose of the Effluent thereafter on the Golf Course. The City is under no obligation to take any Effluent under the provisions of this Agreement. The quantity of Effluent shall be that amount set forth in Section 1.02, not to exceed the maximum required to meet the irrigation needs of the Golf Course. 1.04 Cost of Transportation. LCRA and BRA agree to be responsible, respectively, for all capital and operation and maintenance costs related to delivering the Effluent to the Delivery Point. The City agrees to be responsible for all capital and operation and maintenance costs related to the transportation, storage and disposal of the Effluent from the Delivery Point onto the Golf Course. 1.05 Construction Responsibilities. LCRA shall be responsible for constructing the reveft'dispagt.wN 2 DRAFT OF 10-1-97 Delivery Facilities from LCRA's wastewater treatment plant to the Delivery Point. The City shall be responsible for constructing the remainder of the Effluent line from the Delivery Point to the City's Effluent holding pond on the Golf Course, the Effluent holding pond, and all necessary irrigation equipment or other disposal facilities on the Golf Course. ARTICLE II HMGATION OF GOLF COURSE 2.01 City Use of Effluent. It is understood and agreed to by the parties that the City desires to use the Effluent to irrigate the Golf Course as part of this Agreement. The City will determine the appropriate locations for the irrigation in order to insure the maximum coverage of the Golf Course while at the same time preventing runoff or other above-or below-surface movement of the Effluent that would adversely affect any neighboring property or any water supply. The City will irrigate the Golf Course in accordance with the applicable limits and methods set forth in TNRCC Permit No. 10264-002 as without limitation, 30 Texas Administrative Code Chapter 310, as such may be amended or modified from time to time ("Chapter 310"), and will obtain any necessary permits or approvals for use of the Effluent and t comply with all such permit requirements and regulations related to transportation, storage or disposal of the Effluent on the Golf Course. In addition, not later than the fifth day of each month, the City shall provide to LCRA and BRA a report detailing the amount of Effluent applied to the Golf Course and the number of acres actually irrigated during the previous month and any such other reports as may be necessary for LCRA and BRA or the City to comply with Permit No. 10264-002 and any applicable federal, state or local regulations. 2.02 LCRA and BRA Termination Riaht. LCRA and BRA may terminate this Agreement and cease delivery of Effluent to the City without notice at any time that the City fails to comply with any applicable federal, state or local regulations, including TNRCC Permit No. 10264-002 and the Chapter 310 Rules. The City shall have no recourse for such termination. 2.03 Operation and Maintenance Plan. The City shall implement an operation and maintenance plan for use of Effluent that is obtained under this Contract. The operation and maintenance plan shall address all applicable Chapter 310 Rules as such rules may be modified from time to time by the TNRCC. The City shall provide LCRA and BRA with a copy of said plan, including any revisions thereto. ARTICLE III EFFLUENT QUALITY The Effluent quality standards for, and the content of, the Effluent will fall within the minimum and maximum standards established by TNRCC Permit No.10264-002 and applicable Texas statutes, and the rules and regulations of the TNRCC for treated wastewater Effluent, existing or as they may be amended. BRA, at its expense, will periodically, but no less often than reveff'dis".wpd 3 DRAFT OF 10-1-97 monthly, test the Effluent in order to ensure compliance with the above-stated technical standards. The results of such testing will be provided to the City if so requested. ARTICLE IV COST;PAYMENT Except as otherwise stated herein, the City agrees to accept the Effluent at the Delivery Point at no cost to LCRA or BRA. BRA agrees to deliver the Effluent to the Delivery Point for a charge equal to the costs incurred by BRA to pump the Effluent to the Delivery Point. Such costs will be determined pursuant to the following formula: Charge for Effluent=(1.25 x 0.9 kwh/thousand gallons)X($/kwh)X(thousand gallons delivered to the Delivery Point), Where $/kwh equals the total power bill at the wastewater treatment plant divided by the total KWH consumption of the plant for the most recently available month. In addition, BRA may include an additional amount as necessary to recover BRA's costs of record keeping, meter reading, testing, maintenance, repair and administrative items related to delivery of the Effluent. BRA shall prepare and mail a statement to the City each month. Said statement shall 'show the amount of Effluent delivered to the City and the amount of money owned by the City to BRA. Each statement submitted to the City shall be paid to BRA at its office in Waco, Texas on or before thirty(30) days from the date of mailing of the statement to the City. ARTICLE V TERMINATION This Agreement shall terminate upon the earlier of(i)the expiration of twenty(20)years from the date hereof; (ii) six(6)months prior written notice of termination or cancellation delivered by the City to LCRA and BRA; (iii)thirty(30) days prior written notice of termination or cancellation for material breach of this Agreement by the City delivered by LCRA-and BRA to the City provided, however, that should LCRA and BRA provide notice of a material breach to the City, or(iv) upon receipt by the City of notice of termination by LCRA and BRA pursuant to Section 2.02 of this Agreement. The City shall have the right to cure such breach, to LCRA and BRA's satisfaction within the thirty day notice period and thereby avoid termination of this Agreement. ARTICLE VI TITLE TO EFFLUENT It is agreed by the parties that LCRA shall have title to and dominion and control over the revefl'dispagt.wpd 4 DRAFT OF 10-1-97 Effluent up to the Delivery Point whereupon title to and dominion and control over the Effluent shall immediately pass to the City. ARTICLE VII ASSIGNMENT This Agreement shall inure to the benefit of and bind the parties and their respective representatives, successors and assigns. The City may assign its rights and obligations under this Agreement to the owner or operator from time to time of the Golf Course upon provision of written notice of such assignment to LCRA and BRA, and upon written acceptance of such assignment by such operator, the City shall be fully released from any further obligation hereunder. ARTICLE VIII RIGHT OF ENTRY LCRA and BRA shall have the right of entry at reasonable times and upon reasonable notice in, over and across the lands, properties and facilities comprising the Effluent line from the Delivery Point to the City's Effluent holding pond, the Effluent holding pond, and the irrigation or other disposal facilities of the City for the purposes of making any inspections permitted by this Agreement and for the purpose of performing any other functions or duties authorized by this Agreement. The City shall have the right of entry at reasonable times and upon reasonable notice in, over and across the lands, properties and facilities comprising LCRA's Wastewater Treatment Plant Site and Delivery Facilities for the purpose of inspecting same. ARTICLE IX INDE&I MCATION Each party agrees to indemnify and hold harmless the other party from all fines, penalties, claims or other costs or damages assessed or otherwise arising from the control or disposal of the Effluent (including any such fines, penalties, claims or other costs or damages arising as a matter of strict liability)while title to and the control of the Effluent is in the indemnifying party, and such indemnity and agreement to hold harmless shall survive termination of this Agreement; provided, however, BRA's and LCRA's liability under this section is limited to matters arising out of their respective gross negligence or bad faith. ARTICLE X AMENDMEN'T'S This Agreement may be changed or modified only by written amendment hereto with the consent of, and signed by, all parties. reveffdispagtwpd 5 DRAFT OF 10-1-97 ARTICLE XI RULES OF OTBER GOVERNMENTAL ENTITIES This Agreement shall be subject to all valid rules, regulations, and laws applicable hereto passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or the authorized representative or agency or any of them. ARTICLE XII REMEDIES In enforcing the performance of the provisions of this Agreement all parties shall have the right to the exercise of all procedures available under the law including, but without limiting the generality thereof, a writ of mandamus to command performance of any provision. No waiver of any breach or default of any provision of this Agreement shall be deemed a waiver of any subsequent breach or default. If any party hereto is the prevailing party in any legal proceedings against any signatory on this Agreement brought under or with relation to this Agreement, such prevailing party shall additionally be entitled to recover court costs and reasonable attorney's fees from any nonprevailing party to such proceedings. ARTICLE X Ul FORCE MAJEURE To the extent that any parry to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by any reason of or through strikes, stoppage of labor, riot, fire, flood, hurricane, invasion, insurrection, accident, the order of any court,judge, or civil authority, an act of God, or any cause reasonably beyond such party's control and not attributable to its neglect, then, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. ARTICLE XIV NOTICE Unless otherwise provided in the Agreement, any notice herein provided or permitted to be given, made, or accepted by any party must be in writing and must be given or served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, by telecopier or by delivering the same to an officer of such party. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective from and after the expiration of three(3) days after it is so -vea'aispasL%pd 6 DRAFT OF 10-1-97 deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice,the addresses of the parties shall, until changed as hereinafter provided, be as shown below. The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least fifteen(15)days written notice to the other parties. Manager, WaterCo Lower Colorado River Authority 3701 Lake Austin Blvd. Austin, TX 78703 General Manager Brazos River Authority P.O. Box 7555 4400 Cobbs Dr. Waco, TX 78710 t City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 ARTICLE XV TITLES NOT RESTRICTIVE The titles assigned to the various articles and sections of this Agreement are for convenience only and are intended to be descriptive of the matters following said titles. The titles shall not be considered restrictive of the subject matter of any article, section, or part of this Agreement. ARTICLE XVI SEVERABILITY If any one or more of the articles, sections, provisions, clauses, or words of this Agreement shall for any reason be held to be invalid, such invalidity shall not affect any other article, section, provision, clause, or word of this Agreement, and the parties hereto agree that they would have entered into this Agreement regardless of such invalidity. ,ti a ;Wagt%pd 7 DRAFT OF 10-1-97 ARTICLE XVII AUTHORIZED AGREEMENT This Agreement and of all its provisions have been authorized by virtue of action taken by the Boards of Directors of LCRA and BRA and by the City Council of the City, all pursuant to applicable law. ARTICLE XVIII MERGER This Agreement including Exhibits"A" and`B"constitutes the entire agreement between the parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations or warranties between the parties other than those expressly stated or provided for herein. -veffdiVagt.wo DRAFT OF 10-1-97 EXECUTED in multiple copies, each of equal force, and EFFECTIVE as of the date first set forth herein. LOWER COLORADO RIVER AUTHORITY By: Manager, WaterCo BRAZOS RIVER AUTHORITY By: General Manager CITY OF ROUND ROCK, TEXAS By: City Manager reveffdiVagL"d 9 DRAFT'OF 10-1-97 EXHIBIT"N' Location of Sewage Treatment Plant and Golf Course n-ffdiVag pa 10 DRAFT OF 10-1-97 EXHIBIT'S" Description of Point of Delivery and LCRA Delivery Facilities reveffdispagLwpd 11 DATE: December 12, 1997 SUBJECT: City Council Meeting-December 18,1997 ITEM: 10.C. Consider a resolution authorizing the Mayor to execute an Effluent Irrigation Agreement with the Lower Colorado River Authority and the Brazos River Authority. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This item was discussed as a presentation item in July. The enclosed agreement will allow Round Rock to take treated effluent from the regional sewer plant to irrigate the Forest Creek Golf Course. The cost of the water is based on the power cost required to pump it. Staff recommends entering into the agreement. EXECUTED DOCUMENT FOLLOWS EFFLUENT IRRIGATION A TRFFMENT VU his Effluent Irrigation Agreement (the"Agreement") is entered into this 1g—day of 1997, by and among the Lower Colorado River Authority("LCRA") and the Brazos River Authority("BRA"), each being a political subdivision of the State of Texas organized pursuant to Article XVI, Section 59, Texas Constitution, and the City of Round Rock, Texas, a political subdivision of the State of Texas, hereafter referred to as"City". RECITALS WHEREAS, LCRA and BRA have recognized that there are areas in the vicinity of the boundaries of the Colorado and Brazos River Basins in which each can provide services which can be better provided if they cooperate and pool resources. WHEREAS, pursuant to such recognition, they have entered into an Alliance to implement such cooperation and pooling of resources, including financial and engineering resources and BRA's experience in the operation of regional sewerage systems. WHEREAS, the Alliance is not a separate entity, but a cooperative effort and dedication of resources of LCRA and BRA. WHEREAS, the undertakings of each of LCRA and BRA provided for in this Agreement are in furtherance of the purposes of the Alliance and are, in that sense, activities of the Alliance. WHEREAS, because the Alliance is not a separate entity, the undertakings of each of LCRA and BRA in this Agreement, though in furtherance of the purposes of the Alliance, are undertakings of the party specified as making same and are, in no sense, undertakings of the other, so that each of LCRA and BRA shall be solely responsible for its own undertakings provided in this Agreement and neither LCRA nor BRA shall be responsible for the performance by the other of its undertakings provided herein. WHEREAS, acting as the Alliance, LCRA owns and BRA operates a wholesale wastewater collection system and regional wastewater treatment plant serving an area located in Williamson County, Texas; and WHEREAS, the City owns and operates the Forest Creek Golf Course (the"Golf Course") located in the vicinity of LCRA's wastewater treatment plant, all as more particularly described in Exhibit"A" hereto; and WHEREAS, LCRA and BRA hold a permit from the Texas Natural Resource revefFdispagt.wpd 1 Conservation Commission ("TNRCC" or"Commission") (Permit No. 10264-002) which currently authorizes LCRAand BRA to treat and dispose of up to 3.6 million gallons per day of wastewater effluent; and WHEREAS, the City desires to use up to 600,000 gallons per day of the treated effluent for irrigation of the Golf Course. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: ARTICLE I DELIVERY OF EFFLUENT BY LCRA/BRA 1.01 Delivery to Golf Course. During the term of this Agreement, BRA, upon request of the City, agrees to deliver treated wastewater effluent ("Effluent") from LCRA's wastewater treatment plant to the delivery point located at a point within LCRA's wastewater treatment plant site and more particularly described on Exhibit`B" attached hereto and incorporated herein (the "Delivery Point"). LCRA's delivery facilities, as further depicted and identified as the"Proposed Piping" in Exhibit `B" attached hereto (the"Delivery Facilities"), shall be sufficient to provide the City with Effluent at a minimum pressure of 90 psi, such that the quantity set forth in Section 1.02 below shall be available to the City. 1.02 Quantity to be Delivered. BRA, upon request of the City, shall deliver up to a maximum of 600,000 gallons per day(on a thirty day average) of Effluent to the Delivery Point for acceptance by the City. 1.03 Quantity of Effluent t be Accept. The City may request, and upon delivery by BRA shall accept, up to 600,000 gallons per day of Effluent at the Delivery Point during the term of this Agreement. The City agrees to transport, store and dispose of the Effluent thereafter on the Golf Course. The City is under no obligation to take any Effluent under the provisions of this Agreement. The quantity of Effluent shall be that amount set forth in Section 1.02, not to exceed the maximum required to meet the irrigation needs of the Golf Course. 1.04 Cost of Transportation. LCRA and BRA agree to be responsible, respectively, for all capital and operation and maintenance costs related to delivering the Effluent to the Delivery Point. The City agrees to be responsible for all capital and operation and maintenance costs related to the transportation, storage and disposal of the Effluent from the Delivery Point onto the Golf Course. 1.05 Construction Re ponsi_ bilities. LCRA shall be responsible for constructing the reveff'dispagt.wpd 2 Delivery Facilities from LCRA's wastewater treatment plant to the Delivery Point. The City shall be responsible for constructing the remainder of the Effluent line from the Delivery Point to the City's Effluent holding pond on the Golf Course, the Effluent holding pond, and all necessary irrigation equipment or other disposal facilities on the Golf Course. ARTICLE H IRRIGATION OF GOLF COURSE 2.01 City Use of Effluent. It is understood and agreed to by the parties that the City desires to use the Effluent to irrigate the Golf Course as part of this Agreement. The City will determine the appropriate locations for the irrigation in order to insure the maximum coverage of the Golf Course while at the same time preventing runoff or other above- or below-surface movement of the Effluent that would adversely affect any neighboring property or any water supply. The City will irrigate the Golf Course in accordance with the applicable limits and methods set forth in TNRCC Permit No. 10264-002 as without limitation, 30 Texas Administrative Code Chapter 310, as such may be amended or modified from time to time ("Chapter 310"), and will obtain any necessary permits or approvals for use of the Effluent and comply with all such permit requirements and regulations related to transportation, storage or disposal of the Effluent on the Golf Course. In addition, not later than the fifth day of each month, the City shall provide to LCRA and BRA a report detailing the amount of Effluent applied to the Golf Course and the number of acres actually irrigated during the previous month and any such other reports as may be necessary for LCRA and BRA or the City to comply with Permit No. 10264-002 and any applicable federal, state or local regulations. 2.02 LCRA and BRA Termination Right. LCRA and BRA may terminate this Agreement and cease delivery of Effluent to the City without notice at any time that the City fails to comply with any applicable federal, state or local regulations, including TNRCC Permit No. 10264-002 and the Chapter 310 Rules. The City shall have no recourse for such termination. 2.03 Operation and Maintenance Plan. The City shall implement an operation and maintenance plan for use of Effluent that is obtained under this Contract. The operation and maintenance plan shall address all applicable Chapter 310 Rules as such rules may be modified from time to time by the TNRCC. The City shall provide LCRA and BRA with a copy of said plan, including any revisions thereto. ARTICLE III EFFLUENT QUALITY The Effluent quality standards for, and the content of, the Effluent will fall within the minimum and maximum standards established by TNRCC Permit No.10264-002 and applicable Texas statutes, and the rules and regulations of the TNRCC for treated wastewater Effluent, existing or as they may be amended. BRA, at its expense, will periodically, but no less often than revetfdispagt.wpd 3 monthly, test the Effluent in order to ensure compliance with the above-stated technical standards. The results of such testing will be provided to the City if so requested. ARTICLE IV COST;PAYMENT Except as otherwise stated herein, the City agrees to accept the Effluent at the Delivery Point at no cost to LCRA or BRA. BRA agrees to deliver the Effluent to the Delivery Point for a charge equal to the costs incurred by BRA to pump the Effluent to the Delivery Point. Such costs will be determined pursuant to the following formula: Charge for Effluent= (1.25 x 0.9 kwh/thousand gallons) X($/kwh) X(thousand gallons delivered to the Delivery Point), Where $/kwh equals the total power bill at the wastewater treatment plant divided by the total KWH consumption of the plant for the most recently available month. In addition, BRA may include an additional amount as necessary to recover BRA's costs of record keeping, meter reading, testing, maintenance, repair and administrative items related to delivery of the Effluent. BRA shall prepare and mail a statement to the City each month. Said statement shall show the amount of Effluent delivered to the City and the amount of money owned by the City to BRA. Each statement submitted to the City shall be paid to BRA at its office in Waco, Texas on or before thirty (30) days from the date of mailing of the statement to the City. ARTICLE V TERAGNATION This Agreement shall terminate upon the earlier of(i) the expiration of twenty(20)years from the date hereof, (ii) six (6) months prior written notice of termination or cancellation delivered by the City to LCRA and BRA; (iii) thirty(30) days prior written notice of termination or cancellation for material breach of this Agreement by the City delivered by LCRA and BRA to the City provided, however, that should LCRA and BRA provide notice of a material breach to the City, or(iv) upon receipt by the City of notice of termination by LCRA and BRA pursuant to Section 2.02 of this Agreement. The City shall have the right to cure such breach, to LCRA and BRA's satisfaction within the thirty day notice period and thereby avoid termination of this Agreement. ARTICLE VI TITLE TO EFFLUENT It is agreed by the parties that LCRA shall have title to and dominion and control over the reveff'dispagt.wpd 4 Effluent up to the Delivery Point whereupon title to and dominion and control over the Effluent shall immediately pass to the City. ARTICLE VII ASSIGNMENT This Agreement shall inure to the benefit of and bind the parties and their respective representatives, successors and assigns. The City may assign its rights and obligations under this Agreement to the owner or operator from time to time of the Golf Course upon provision of written notice of such assignment to LCRA and BRA, and upon written acceptance of such assignment by such operator, the City shall be fully released from any further obligation hereunder. ARTICLE VIII RIGHT OF ENTRY LCRA and BRA shall have the right of entry at reasonable times and upon reasonable notice in, over and across the lands, properties and facilities comprising the Effluent line from the Delivery Point to the City's Effluent holding pond, the Effluent holding pond, and the irrigation or other disposal facilities of the City for the purposes of making any inspections permitted by this Agreement and for the purpose of performing any other functions or duties authorized by this Agreement. The City shall have the right of entry at reasonable times and upon reasonable notice in, over and across the lands, properties and facilities comprising LCRA's Wastewater Treatment Plant Site and Delivery Facilities for the purpose of inspecting same. ARTICLE IX INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party from all fines, penalties, claims or other costs or damages assessed or otherwise arising from the control or disposal of the Effluent (including any such fines, penalties, claims or other costs or damages arising as a matter of strict liability) while title to and the control of the Effluent is in the indemnifying party, and such indemnity and agreement to hold harmless shall survive termination of this Agreement; provided, however, BRA's and LCRA's liability under this section is limited to matters arising out of their respective gross negligence or bad faith. ARTICLE X AMENDMENTS This Agreement may be changed or modified only by written amendment hereto with the consent of, and signed by, all parties. reveff'dispagt.wpd 5 ARTICLE XI RULES OF OTHER GOVERNMENTAL ENTITIES This Agreement shall be subject to all valid rules, regulations, and laws applicable hereto passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or the authorized representative or agency or any of them. ARTICLE XII REMEDIES In enforcing the performance of the provisions of this Agreement all parties shall have the right to the exercise of all procedures available under the law including, but without limiting the generality thereof, a writ of mandamus to command performance of any provision. No waiver of any breach or default of any provision of this Agreement shall be deemed a waiver of any subsequent breach or default. If any party hereto is the prevailing party in any legal proceedings against any signatory on this Agreement brought under or with relation to this Agreement, such prevailing party shall additionally be entitled to recover court costs and reasonable attorney's fees from any nonprevailing party to such proceedings. ARTICLE XIII FORCE MAJEURE To the extent that any party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by any reason of or through strikes, stoppage of labor, riot, fire, flood, hurricane, invasion, insurrection, accident, the order of any court,judge, or civil authority, an act of God, or any cause reasonably beyond such party's control and not attributable to its neglect, then, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. ARTICLE XIV NOTICE Unless otherwise provided in the Agreement, any notice herein provided or permitted to be given, made, or accepted by any party must be in writing and must be given or served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, by telecopier or by delivering the same to an officer of such party. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective from and after the expiration of three(3) days after it is so reveffdispagLwpd deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as shown below. The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its. address any other address by at least fifteen (15) days written notice to the other parties. Manager, WaterCo Lower Colorado River Authority 3701 Lake Austin Blvd. Austin, TX 78703 General Manager Brazos River Authority P.O. Box 7555 4400 Cobbs Dr. Waco, TX 78710 City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 ARTICLE XV TITLES NOT RESTRICTIVE The titles assigned to the various articles and sections of this Agreement are for convenience only and are intended to be descriptive of the matters following said titles. The titles shall not be considered restrictive of the subject matter of any article, section, or part of this Agreement. ARTICLE XVI SEVERABILITY If any one or more of the articles, sections, provisions, clauses, or words of this Agreement shall for any reason be held to be invalid, such invalidity shall not affect any other article, section, provision, clause, or word of this Agreement, and the parties hereto agree that they would have entered into this Agreement regardless of such invalidity. reveffdispagtwpd 7 ARTICLE XVII AUTHORIZED AGREEMENT This Agreement and of all its provisions have been authorized by virtue of action taken by the Boards of Directors of LCRA and BRA and by the City Council of the City, all pursuant to applicable law. ARTICLE XVIII MERGER This Agreement including Exhibits"A" and `B"constitutes the entire agreement between the parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations or warranties between the parties other than those expressly stated or provided for herein. reveffdispagt.wpd 8 EXECUTED in multiple copies, each of equal force, and EFFECTIVE as of the date first set forth herein. LOWER COLORADO RIVER AUTHORITY By: Y( j 117— yMrr, C BRAZOS RIVER AUTHORITY By: �aya�r, General Manager CITY F ROUND ROCK, TEXAS B Charles Culpe p Mayor reveffdispagLwpd 9 ENMIT 4W Location of Sewage Treatment Plant and Golf Course reveffdispagtwpd 10 772 \ - .` � d " " / / rrr ��,t• 1 / �• 7.611• � �. •'`--•_ N f \ :✓' � y� / 9 / 'N,6/ 1. -\ t +f -' _ � a-- ,� •`'� � . ` �- !r RISe( rHr i I /,' i \ I / _\' - - - N I'�� I O _ J,:'�i u—• • !_ a- 720 /°r / i i/ 1 %� ,\'-i"-'�•__' -- A .��1 \ �j / I i° /• .'I�\J , 1 III r/'I u N ili 1674 r.'�. __S�_ - - \ u N z N Well •--f+1.- - .— ` i 1 \ �\ \\ / ILS x U , r 674 I SE �__ —' f BRUSHY CREEK REGIONAL I Al ra . / "' ° A EWATER TREATMENT PLANT ^/ .J - �� —1. ' `�1 / II •• ---- ' x I , -.0 r�W ST — _ I L. ,4i ,� --Well i y/ I • ice' ( }• - jl \ n / i•a,r I \ "° /i F!c 65o A.s= ) F,D I ' '�\ / j J lI - U/ -_ — \� II` � � I�/HI- _ N •4' ' I \N �j + `I _ - /a u • f� rtes iil\l EXISTING 8" LINE TO c CONVEY RECLAIMED WATER FROM 7— ..: .K 747 nkI °' ' �1 �4gre1 ra BRUSHY CREEK REGIONAL T==a .�' ;' ��. ' - WASTEWATER TREATMENT PLANT OF // CJ• ` ' I a K � / / z . / / I it II-, �- �,,. 1 x / •�:\ // \ a% \\ • irk :i � t .I . - I<' II $ �% -- _ ` I \ . . • %•• �/ �� _. _ , . ;� u.' � � �-\, • _ '2 i � I % II i it Roadside 6es /'�� °°• p _� +i �/ END OF EXISTING 8 PIPELINE \ ! I >"l ' 11 I rr a Roadside I o° Park, �; 1 II u 1 I - "" PROPOSED EXTENSION It „a:,� o-,- . a i n N �� I 1 ;�'. ":`• la SOF 8" LINE \I 1` j.�e;\ /'� •// `�\\ / �� v_ ,te > • ' a u O�(;� _� t l n Gravel --'' e /� n i / o �:o `p;`�• 1�N / ( L f/i1F1�r ) n 1 l \ I�-� EXISTING POND AND 1 a r ter' IRRIGATION PUMP STATION ON ,' a .;:N�• / �;� �_�9 '\ °" ate, FOREST CREEK GOLF COUR, "F•-? ri • 1 -� a M I 1 '�'G �� — —• � � ��\\lh J\ / - `.tl I. , // / �(1 N I I � I p�\, / " I a° ✓� •� �—�� '. / PROPOSED CHLORINATION—� R 7 °1 �..�..-- i \11�� , ;1�_ � �C t \ •�� CF`A'C/ILITIES • 1 _r�-� � 'r` I \ : _ - - � -� `. )L� � -�. ter) j -� 1 1'�/� � N l l � n � l ° • A " - ^. xI •• \ I l'� "1\ 1 I. /I'�'/\N a== `1I J/ I I. AZ 1� \ / �YI.CIII .OI I j— V,':�J LOCATION MAP SCALE NOTE: MAP BASE DEVELOPED 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET EXHIBIT A PRIOR TO CONSTRUCTION OF FACILITIES ASSOCIATED WITH FOREST CREEK DEVELOPMENT AND DEVELOPMENT IS NOT SHOWN ON USE OF BRUSHY CREEK REGIONAL MAP. HDR Engineering WASTEWATER TREATMENT PLANT.EFFLUENT AT FOREST CREEK GOLF COURSE EXMff`B" Description of Point of Delivery and LCRA Delivery Facilities -veffdispagL-O 11 TO FOREST CREEK!`'..,, GOLF COURSE \•., VAULT AROUND METER PRESSURE VAULT SUSTAINING nVALVE 8" POINT OF NONPOTABLE = FROM WATER SYSTEM --:---•................. LCRA TO CITY OF - - > - - ,._ -}------------------ -----= PUMPS ROUND RQCK •••-----••••--•--••--••-••••-•••--•-••--....-•.........................'---'-- EXHAUST ••'','�';. loo NR CONNECT 10" sCRURRERTO 12* NPW lm 10" B.V. °ecce--^ •: EXHAI' AI �ST R ...: '. ::. .........: ABSCRUER ecl; r......'___•'. ..�........... i iii• .w,..y........ C CHLORINELL CONTACT TANK i-- "• 1 •— CHLORINATION/ -i'• •; '••� ® ..... ...............ci 1 ......_........... OECHLORINATON > •••�"'•% - a-•• -------------------- --- .................................................--- ........................._•_•_______._...__ ........... ..__•___ _ • 4........_........._....................... ..ha... I. ...........................y._._•¢-:...... .. CEN t....::—. •_ ...• .na.. 9 w.waw.....w..a..a...w.j...w. AERATION RAN NO. 1 � �` •'ti:i:+' '``, •\ ABEA H ........ ELECTRICAL »,r...:........... BS7 Lp!!LG �;•; --- •an.. t• ....................................................... /�y-y •'� �_t\;.. ... ......._........- ...y......... ._... T. __�• _` ........................................................�..._.11.•/:•-.....1L.. ... ..j........... O•. FINAI CLARIFIER NO.1 FINAL ARIFIER NO,2 O 7;,=-== f••:••- ;,k•„s. AERATION BASIN NO. 2 •�' NF I IFT STATION i• }. ... ..� s ,f.,• •..................._ ..O ..c.................... ._s :/ :'_.• ......................................... ..... ........ MAINTENANCE 7••• AERATION RAc_IN NO.3 •SCRE� ,/ : WILDING 8•GRIT UNIT i.JY •......�....•'!...........................................•a WILDING _ x AFR zs.usz:-Sy• _.. ..zs :zzzeitr�zf•::zzz $ossa TON RA9N.NO. 4 Imo• \ .................. .•11........t...� .,.Idi.,�:w,.....:. .....................:z.t•...•_•:f _ A :t \` �� Til \ti � .. •i .. ...... ..............._._ — .............._...........................................-.. TREATMENT UNIT Q AEB061G ) y a...::;... ............................... • ............................. DICESt E ` •' �..............� I TER UNIT ?( �,� -I-------------------------- `s g .:o•'-------------------:_........... ..--. f :� �\ �� . �� e:i s i ii .. - - ......:........ ;....::.,.»...... :. : _ .j ...... f....................:Y.___y______.J_ • J • '• _ 1]ua•- — ____.... .....J__. r o' - - •i EXISTING t 10S HANOI)NO % ._e .................. '• :.� :a_.y ✓' ............................r....E..i................v:..,.�r.L..............i C i : # r A y I —r—F—F—F-- F— JIM GLASER EXHIBIT B ""”" " BRUSHY CREEK REGIONAL POINT of DELIVERY of RECLAIMED WATER �� F �—F—�� —�— WASTEWATER TREATMENT PLANT BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT LOWER COLORADO RIVER AUTHORITY 0.4 RroJ.ct Mp �•..••O Mu �r.y.o�,. 1.» w.�a.e. o-e�11 JULY 1997 C HDR•.•••M•ru•.•IIr�- � Ep.. MP. XW R. LIVINGSTON i"=40•