HomeMy WebLinkAboutRES 200926-N - BRA Agmt Raw Water LineM�M�
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 41" 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
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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 Agreement 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 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.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GEORGETOWN, TEXAS THAT:
SECTION 1. The facts and recitations contained in the preamble of this
resolution are hereby found and declared to be true and correct, and are incorporated by
reference herein and expressly made a part hereof, as if copied verbatim. The City
Council hereby finds that this resolution implements Utilities/Energy, Policy End 12.00
of the Century Plan - Policy Plan Element that states: "City owned, sponsored or
managed utilities provide safe, adequate and reliable services to all customers"; and
ftirther finds that the adoption of this resolution is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of
the Policy Plan.
SECTION 2: 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
execution of such Project Agreements by officials of Georgetown and all actions taken in
I C
reliance upon and pursuant to such Project Agreements are hereby authorized, ratified and
Agreements
confirmed in all respects concurrently with the adoption of this resolution.
SECTION 3. The officers of the City Council, the City Manager and the
administrative staff of Georgetown 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. This resolution shall be effective immediately upon adoption and all
ordinances, orders and resolutions in conflict herewith are repealed to the extent of any
such conflict.
RESOLVED this t Day of AeVxjbe l - —, 2000
INUMW
Sandra Lee By:
City Secretary
A o1aL6-N
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THE CITY OF GEORGETOWN
2-16Z D 66�4-),
L&IaryEllen Kersch
Mayor
Mananne Lande—rs-Banks
City Attorney
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