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HomeMy WebLinkAboutRES 110910-R - Agmt Wilco Raw Water LineRESOLUTION NO: 1 1 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS REGARDING AGREEMENTS PERTAINING TO WILLIAMSON COUNTY REGIONAL RAW WATER LINE; AUTHORIZING THE MAYOR, CITY MANAGER, AND CITY SECRETARY TO TAKE APPROPRIATE ACTIONS; AND DECLARING AN EFFECTIVE DATE WHEREAS, Brazos River Authority (the "Authority") is an agency and political subdivision of the State of Texas, duly created and lawfully operating under Chapter 8502, Texas Special District Local Laws Code, as amended (the "Authority Act"), all pursuant to and in furtherance of the purposes of Article XVI, Section 59 of the Constitution of Texas 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 Water 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, Bt ushy Creek and Chisholm. Trail are herein referred to as the "Participants"), individually on their part, the Authority has contracted to make available to such parties water from Lake Stillhouse Hollow (which contracts are definedin the Base Agreement (hereinafter defined) as the "Stillhouse Supply Agreements" and in the Brushy Creek Agreement (as hereinafter defined) and Chisholm Trail Agreement (as hereinafter defined) as the "Supply Agreements"); 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 March 23, 1999 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 beenmet, 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, in order to avoid ambiguity in the Base Agreement, Brushy Creek Agreement and Chisholm Trail Agreement due to the changes in the Stillhouse Supply Agreements and Supply Agreements, the Authority entered into separate agreements with the Participants called the "Third Amendment of Agreements Among Customers" ("Amendment No 3") to modify the definition of "Stillhouse Supply Agreements" as defined in the Base Agreement and modified in Amendment No. 2, and "Supply Agreements" as defined in. the Brushy Creek Agreement and Chisholm Trail Agreement and WHEREAS, collectively, the Base Agreement, Amendment No. 1, Amendment No. 2, Brushy Creek Agreement, Chisholm Trail Agreement, Supplemental Agreement, Amendment of Multiple Agreements and Amendment No. 3 are referred to as the "Project Agreements"; and WHEREAS, additional pumping capacity at the intake structure of the Project is now required to meet the raw water demands of the Participants, and the Participants have requested the Authority to engineer, design, and construct an improvement project (the "Phase II Pump Project") to install larger pumps in order to meet Participants' demands; and WHEREAS, the Authority and the Participants desire to amend the Base Agreement, Brushy Creek Agreement and Chisholm Trail Agreement by entering into a "Fourth Amendment of Agreements Among Customers" ("Amendment No. 4") to define and provide for payment of the Phase II Pump Project; and WHEREAS, in anticipation of the issuance of bonds by the Authority to finance costs of the improvements and extensions of the Project relating to the Phase II Pump Project pursuant to the Project Agreements and Amendment No. 4, 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 Georgetown in reliance on the Project Agreements, it is deemed to be appropriate to adopt this resolution. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN: SECTION 1. That the City Council of Georgetown 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 Georgetown is a party, the actions of the City Council in authorizing the execution thereof, the authorization of, and the execution of such Project Agreements by officers, officials and employees of Georgetown and all actions taken by Georgetown in reliance upon and pursuant to such Project Agreements are hereby authorized, ratified and confirmed in all respects concurrently with the adoption of this resolution. SECTION 3. That the Mayor, City Manager and City Secretary of Georgetown are hereby authorized and directed to execute deliver and take all actions necessary and appropriate relating to Amendment No. 4 in substantially the form and content attached hereto, with such modifications as may be deemed appropriate. SECTION 4. That the City Council authorizes and directs the administrative staff of Georgetown to take any and all actions necessary and appropriate with respect to construction, acquisition, improvement and extension of the Project according to the terms and provisions set forth in such Project Agreements and Amendment No. 4 SECTION 5. That this resolution shall take effect immediately upon passage and all ordinances, orders and resolutions in conflict herewith are repealed to the extent of any such conflict. RESOLVED this Attest: 40 50 ft f Y'r mar moor ssica Brettle ity Secretary APPROVED AS TO FORM: Mark Sokolow City Attorney day of November, 2010. THE CITY OF GEORGETOWN: By: George Garver Mayor CERTIFICATE FOR RESOLUTION I{ THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN • • • • • • We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in MEETING ON THE "DAY OF tiloven,O-eir, 2010, at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to wit: George Garver, Mayor Patty Eason, Councilmember District 1 Gabe Sansing, Councilmember District 2 Danny Meigs, Councilmember District 3 Bill Sattler, Councilmember District 4 Pat Berryman, Councilmember District 5 Dale Ross, CPA, Mayor Pro-Tem, Councilmember District 6 Tommy Gonzalez, Councilmember District 7 Jessica Brettle, City Secretary and all of said persons were present, except the following absentees:TQ\ Eerr U\✓YtOI r\ , thus constituting a quorum. Whereupon, among other business, the following was transabt d at said Meeting: a written RESOLUTION 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 Resolution be passed; and after due discussion said motion carrying with it the passage of said Resolution, prevailed and carried with all members present voting "aye" except the following: NOES: None. ABSTAIN: None. 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded m 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 Resolution; 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 Resolution 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. SIGNED AND SEALED the i 0 day of Mov 2010. Jij % r1 f_ ca Brettle y Secretary (SEAL)