Title
Consider a resolution authorizing the Mayor to execute an Amended and Restated Master Contract for the Financing, Construction and Operation of the Brushy Creek Regional Utility Authority (BCRUA) Regional Water Treatment and Distribution System with the cities of Cedar Park, Leander, and Round Rock.
Body
The City of Round Rock is one of three owners of the Brushy Creek Regional Utility Authority (BCRUA). BCRUA recently elected to draft an Amended and Restated Master Contract (AMC) in order to incorporate the language from the seven previous amendments into the original 2008 Master Contract. The AMC also does a comprehensive review, cleanup, and update of all needed areas in the agreement with the end result being one complete amended and restated agreement. The original contract only provided for the construction of Phase 1, which was referred to as “the Project.” Therefore, to make it a “forever agreement” the term “Project” was replaced with the “System.” The definition of System now includes the raw water system that delivers raw water to Cedar Park and Leander treatment plants and the BCRUA plant, the BCRUA treatment system, and the treated water distribution system.
A summary of the amended contract is as follows:
· Significant amounts of duplicative language were removed resulting from combining the seven amendments into one document.
· Recitals have been updated.
· All exhibits have been revised/updated and reduced to 7 exhibits:
o Exhibit A - System
o Exhibit B - Delivery Points
o Exhibit C - Raw Water Delivery System Capacities and Cost Allocation
o Exhibit D - Treatment System Capacities and Cost Allocation
o Exhibit E - Treated Water Distribution System Capacity Allocation
o Exhibit F - Reserved Capacity in System Components built with Phase 1A
o Exhibit G - Operations and Maintenance Expense Allocation
· New and improved exhibits include Delivery Points, Treatment System Capacities/Cost Allocations, and Distribution System Ca...
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