R-2015-2353 - 3/26/2015 RESOLUTION NO. R-2015-2353
WHEREAS, Brazos River Authority, City of Georgetown, City of Round Rock, and Jonah
Water Special Utility District (collectively, "Participants") have previously entered into a Williamson
County Regional Raw Water Line Agreement ("Agreement"); and
WHEREAS, the Agreement was amended on October 1, 1998 and on March 15, 1999
(collectively, "Multiple Agreements")to allow Brushy Creek Municipal Utility District and Chisholm Trail
Special Utility District,respectfully,to become participants in the Agreement; and
WHEREAS, on November 13, 2014, the City of Round Rock ("City") agreed to the permanent
assignment of Jonah Water Special Utility District's rights under the Multiple Agreements to the City
of Georgetown; and
WHEREAS, Chisholm Trail Special Utility District has now requested, and Brazos River
Authority has agreed, to the permanent assignment of Chisholm Trail Special Utility District's rights
under the Multiple Agreements to the City of Georgetown, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City the Consent
to Assignment to the Williamson County Regional Raw Water Line Agreement with Brazos River
Authority, City of Georgetown, City of Round Rock, Brushy Creek Municipal Utility District, and
Chisholm Trail Special Utility District, a copy of said assignment being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
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 and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
0112.1504;00331186
RESOLVED this 26th day of March, 2015.
0
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Fmk ' i A bjt
SARA L. WHITE, City Clerk
2
EXHIBIT
"A„ .01
CONSENT TO ASSIGNMENT TO THE WILLIAMSON COUNTY REGIONAL RAW
WATER LINE AGREEMENT
This Consent to Assignment of the Williamson County Regional Raw Water Line
Agreement ("Assignment") is entered into this day of , 2014 ("Effective
Date"), by and between the Brazos River Authority, a river authority of the State of
Texas ("BRA"), City of Georgetown ("Georgetown"), City of Round Rock ("Round
Rock"), Brushy Creek Municipal Utility District ("Brushy Creek"), and Chisholm Trail
Special Utility District ("Chisholm").
RECITALS
WHEREAS, BRA and Georgetown, Round Rock and Jonah Water Supply Corporation
(collectively, "Participants") entered into the "Williamson County Regional Raw Water
Line Agreement between Brazos River Authority and City of Georgetown, City of Round
Rock and Jonah Water Supply Corporation" ("Base Agreement") on July 9, 1986.
Underlying the Base Agreement are raw water contracts between BRA and Participants
respectively; and
WHEREAS, the Base Agreement was first amended on January 9, 1997; and
WHEREAS, Brushy Creek became a Participant in the Base Agreement by entering into
a participation agreement dated October 1, 1998 ("Brushy Creek Participation
Agreement"); and
WHEREAS, Chisholm became a Participant in the Base Agreement by entering into a
participation agreement dated March 15, 1999 ("Chisholm Trail Participation
Agreement"); and
WHEREAS, a second amendment to the Base Agreement, effective March 23, 1999,
which among other modifications, replaced "Jonah Water Supply Corporation" with
"Jonah Water Special Utility District"; and
WHEREAS, the Base Agreement, Brushy Creek Participation Agreement and Chisholm
Trail Participation Agreement (collectively, "Multiple Agreements") were all amended by
the "Supplemental Agreement Respecting Williamson County Raw Water Line" and
effective on May 20, 1999, whereby the Texas Water Development Board was allowed
to participate in the Williamson County Regional Raw Water Line; and
WHEREAS, the Multiple Agreements were amended on April 17, 2000, by an
agreement titled "Amendment of Agreements Respecting Construction and Operations
of Williamson County Raw Water Line", whereby Subsection 5(b) of the Base
Agreement and Subsection 6(b) of both the Brushy Creek Participation Agreement and
the Chisholm Trail Participation Agreement were all modified; and
LAContracts\Water Contracts\Assignments\WCRRWL\Assignment from Chisholm to Georgetown 11.20.14.docx 1 of 8
WHEREAS, a third amendment to the Multiple Agreements was entered into on
October 30, 2006, to clarify ambiguous definitions contained within the Multiple
Agreements; and
WHEREAS, Jonah Water Special Utility District assigned all of their rights under the
Multiple Agreement to Georgetown on October 24, 2014; and
WHEREAS, Chisholm and Georgetown closed on the conveyance of Chisholm's assets
and liabilities to Georgetown on September 12, 2014, as contemplated by the Asset
Transfer and Utility System Consolidation Agreement by and between Chisholm and
Georgetown ("Assignment and Assumption Agreement"), as amended, and Georgetown
requests and BRA has agreed to confirm the permanent assignment of Chisholm's
rights under the Multiple Agreements to Georgetown.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein, BRA and Participants agree as follows:
AGREEMENT
1. To the extent not already assigned by the Assignment and Assumption
Agreement, Chisholm hereby assigns all of its rights under the Multiple Agreements to
Georgetown, as contemplated under Section 12(s) of the Chisholm Trail Participation
Agreement.
2. To the extent not already assumed pursuant to the Assignment and Assumption
Agreement, Georgetown hereby assumes all obligations, responsibilities and liabilities
of Chisholm under the Multiple Agreements.
3. Chisholm shall be excused from performance of all obligations, responsibilities
and liabilities under the Multiple Agreements.
4. All provisions of the Multiple Agreements shall remain in full force and effect
between BRA, Georgetown, Round Rock and Brushy Creek.
MULTIPLE COUNTERPARTS
Circulation of counterparts of this Assignment to the Multiple Agreements to obtain the
signatures of all Participants on the same copies hereof would be inconvenient and
result in delay. Therefore, this Assignment to the Multiple Agreements has been
prepared in multiple copies with two copies being prepared for signature on behalf of
BRA, on the one hand, and on behalf of each Participant, alone, on the other hand.
When all copies have been signed on behalf of BRA and each of the copies prepared
for the signature of each Participant have been signed by such Participant, BRA shall
give written notice of such fact to all Participants and this Assignment to the Multiple
Agreements shall thereupon become effective. BRA shall retain possession of one copy
LAContracts\Water Contracts\Assignments\WCRRWLWssignment from Chisholm to Georgetown 11.20.14.docx 2 of 8
of this Assignment to the Multiple Agreements executed by it on the one hand and each
Participant on the other hand. Each Participant shall receive possession of one copy
executed by the Authority on the one hand and by it on the other hand. This Assignment
to the Multiple Agreements, when it becomes effective, shall be binding on BRA and all
Participants and subjects to enforcement by any party against any other.
This Assignment shall be deemed a part of the Multiple Agreements and shall be
binding on all of the parties. Except as provided herein, the terms and conditions
of the Multiple Agreements and all amendments, if any, remain in full force and
effect.
IN WITNESS WHEREOF, the parties have caused this Assignment to be duly executed,
and effective upon the receipt of the last signature.
LAContracts\Water Contracts\Assignments\WCRRWL\Assignment from Chisholm to Georgetown 11.20.14.docx 3 of 8
BRAZOS RIVER AUTHORITY
By:
PHIL FORD
Title: GENERAL MANAGER/CEO
ATTEST:
L:\Contracts\Water Contracts\Assignments\WCRRWL\Assignment from Chisholm to Georgetown 11.20.14.docx 4 of 8
CITY OF GEORGETOWN
By:
Title:
ATTEST:
LAContracts\Water Contracts\Assignments\WCRRWL\Assignment from Chisholm to Georgetown 11.20.14.docx 5 of 8
CITY OF ROUND ROCK
By:
Title:
ATTEST:
LAContracts\Water Contracts\Assignments\WCRRWL\Assignment from Chisholm to Georgetown 11.20.14.docx 6 of 8
BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT
By:
Title:
ATTEST:
L:\Contracts\Water Contracts\Assignments\WCRRWL\Assignment from Chisholm to Georgetown 11.20.14.docx 7 of 8
CHISHOLM TRAIL SPECIAL UTILITY DISTRICT
By:
Title:
ATTEST:
L:\Contracts\Water Contracts\Assignments\WCRRWL\Assignment from Chisholm to Georgetown 11.20.14.docx 8 of 8