ORDER NO. 31090 AGREEMENT FOR TERMINATION OF ALL EXISTING AGREEMENTS BETWEEN KERR COiJNTY AND UPPER GUADALUPE RIVER AUTHORITY (IJGRA) Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Agreement for Termination of all existing Agreements between Kerr County and the Upper Guadalupe River Authority (UGRA) for the ownership, maintenance and operation of the Kerrville South Wastewater System, Phases I, II and III; accept UGRA's payment of $25,000 matching funds for use in construction of Phase IV; and the transfer of Phase IV assets to the City of Kerrville upon completion of construction. ~. g 3J (? 9 ~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct Two MEETING DATE: November 10, 2008 TIlVIE PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve an "Agreement for Termination" of all existing agreements between Kerr County and the Upper Guadalupe River Authority (UGRA) for the ownership, maintenance and operation of the Kerrville South Wastewater System, Phases I, II, and III; accept UGRA's payment of $25,000 matching funds for use in construction of Phase IV; and the transfer of Phase IV assets to the City of Kerrville upon completion of construction. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. October 23, 2008 Guadalupe Basin Natural Resources Center 1 Z5 Lehmann Drive ste. ioo Commissioner Bill Williams Kerrville, Texas Kerr County 78028.5908 700 E. Main St. (830) 896-5445 Kerrville, Texas 78028 Fax (830) 257-2621 E-mail: ugraadm C~ ugra.org Re: Kerrville South Wastewater Project Agreement for Termination Dear Commissioner Williams: On Wednesday, October 22, 2008, UGRA approved the enclosed Agreement for Termination relating to Kerrville South Wastewater Improvements. As you know, UGRA conveyed Phases I, II, and III of the project to the City of Kerrville and submitted $25,000 to Kerr County to honor our prior commitment for Phase IV. The enclosed termination agreement simply ties up any loose ends. Please place on the Commissioner's Court agenda and execute at your earliest convenience. Once again, on behalf of UGRA, thank you for the efforts you've made to help eliminate septic systems in Kerrville South through the installation of a centralized sewage collection system. We look forward to working with you on future projects. Please let me know if I can be of any further assistance. Sincerely, Raymond L. Buck, Jr. General Manager cc: UGRA Board of Directors enc. (1) #31090 AGREEMENT FOR TERMINATION OF AGREEMENTS RELATING TO KERRVILLE SOUTH WASTEWATER IMPROVEMENTS THE STATE OF TEXAS COUNTY OF KERR This Agreement For Termination of Agreements Relating to Kerrville South Wastewater Improvements (this "Tcrmination Contract") is entered into as of the j~ day of (lb~e~~ 2008, by and between the UPPER GUADALUPE RNER AUTHORITY ("UGRA") and KERB COUNTY, Texas ("County"). RECITALS A. Whereas, UGRA and the County have entered into multiple agreements (all such agreements being referred to hereinafter collectively as the "Kerrville South Agreements") relating to the funding, design, construction, ownership and operation of certain wastewater improvements within the "Kerrville South" area of Kerr County, Texas; B. Whereas, under the Kerrville South Agreements, the County applied for and received grant funds under the Texas Community Development Program and/or the Texas Colonia Construction Fund from the Texas Office of Rural Community Affairs for purposes of funding the construction of the improvements. In accordance with the agreements, UGRA has contributed matching funds for the wastewater system improvement projects, and has accepted the completed wastewater system improvements for ownership and operation; C. Whereas, in accordance with the Kerrville South Agreements, Phases I, II, and III of the Kerrville South wastewater system improvements have been completed, and are owned and operated by UGRA; D. Whereas, UGRA has committed to provide $25,000 in matching funds for the Phase IV Kerrville South wastewater improvements, but the final scope of such improvements has not been determined and construction has not commenced;. E. Whereas, the Board of Directors of UGRA has elected to exercise its contractual option to convey the Kerrville South wastewater improvements to the City of Kerrville, and will no longer participate in the Kerrville South wastewater project; and F. As a result of the conveyance by UGRA of Kerrville South wastewater improvements to the City of Kerrville, UGRA and the County desire to terminate the Kerrville South Agreements and to address certain matters relating to said termination. AGREEMENT For and in consideration of the mutual promises, covenants, obligations and benefits of this Termination Agreement, the sufficiency of which are hereby acknowledged, UGRA and the County contract and agree as follows: Section 1. Termination of Kerrville South Agreements. UGRA and the County mutually acknowledge and agree that the Kerrville South Agreements are hereby terminated for all purposes. Without limitation, the parties agree that the following agreements are terminated: (i) that certain October 9, 2001 Intergovernmental Agreement for 2001 Texas Community Development Program Award; (ii) that certain Intergovernmental Agreement for Texas Community Development Program and Texas Colonia Construction Fund Awards dated February 24, 2003; (iii) that certain Intergovernmental Agreement for Texas Community Development Program and Texas Colonia Construction Fund Awards dated 2004; and (iv) all other agreements between the County and UGRA relating to the funding, construction, conveyance, ownership or operation of the Kerrville South wastewater improvements. Scction 2. Ownership and Operation of Wastewater Improvetnenls (a) The County acknowledges and agrees that UGRA shall convey the completed Kerrville South wastewater improvements (Phases I-III) to the City of Kerrville, and that the City of Kerrville shall be solely responsible for ownership, operation and maintenance of such improvements. (b) The County and UGRA mutually acknowledge and agree that upon conveyance of the completed Kerrville South improvements (Phases I-III) to the City of Kerrville, UGRA shall no longer own, operate, accept, or have any other responsibility whatsoever with respect to the Kerrville South wastewater system, except as set forth below with respect to the matching funds contribution for the proposed Phase IV wastewater improvements. Section 3. Phase IV Wastewater Improvements. (a) UGRA agrees to provide payment in the amount of $25,000 to the County as matching funds for construction of the "Phase N" wastewater system improvements. These funds shall be held by Kerr County and utilized solely for purposes of funding engineering, construction and other costs related to the Phase IV wastewater system improvements. In the event the matching funds cannot be utilized by the County for such purposes for any reason, then the County agrees to return the funds promptly to UGRA. (b) The County and UGRA acknowledge and agree that UGRA shall have no participation in, or responsibility for, design, construction, ownership or operation of the Phase IV wastewater improvements. Upon completion of construction, the County shall convey the improvements to the City of Kerrville for ownership and operation. IN WITNESS WHEREOF, the County and UGRA have executed this Termination Agreement to be effective as of the date set forth above. UPPER GUADALUPE RIVER AUTHORITY Y• Name: ~~;- ' < Title: ~ ~ -~- ATTEST: Secretary 2 KERB COUNTY, TEXAS B~oun ----'"_ TTEST 7~'~,,Qfj~iv ~'~ ~~ p ~ . • ... 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