BCRUA_R-23-03-22-6D RESOLUTION NO. R-23-03-22-61)
WHEREAS, on April 29, 2011, the Brushy Creek Regional Utility Authority, Inc.
("BCRUA") entered into an Interlocal Agreement ("ILA") with the City of Leander regarding
water treatment plant superintendent and operator services; and
WHEREAS, the BCRUA and the City of Leander wish to terminate the ILA, Now
Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY
CREEK REGIONAL UTILITY AUTHORITY:
"That the Board President is hereby authorized and directed to execute on behalf of the
BCRUA an Agreement to Terminate the Interlocal Agreement Regarding Plant Superintendent
and Operator Services, a copy of said agreement being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The Board 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.
RESOLVED this 22nd day of March, 2023.
ANNE DUFFY, Pre
Brushy Creek RegioAuthority
ATTEST:
,—p M
NA'CQLE THOIv PSON, Secretary
0370.404-A.49'10-6721-4107
AGREEMENT TO TERMINATE THE
INTERLOCAL AGREEMENT REGARDING PLANT
SUPERINTENDENT AND OPERATOR SERVICES
THIS AGREEMENT TO TERMINATE THE INTERLOCAL AGREEMENT
REGARDING PLANT SUPERINTENDENT AND OPERATOR SERVICES (this
"Termination Agreement") is entered into and effective as of the _ date of , 2023, by
and between the Brushy Creek Regional Utility Authority ("BCRUA"), and the City of Leander,
Texas ("Leander"). BCRUA and Leander are sometimes individually referred to as a"Party" and
collectively referred to as the "Parties."
RECITALS
WHEREAS, the Parties entered into that one certain INTERLOCAL AGREEMENT
REGARDING WATER TREATMENT PLANT SUPERINTENDENT AND OPERATOR
SERVICES (the "ILA"), as of the 291h day of April, 2011; and
WHEREAS,the Parties now wish to terminate the ILA;
NOW THEREFORE, the Parties agree as follows:
1.01 The Parties mutually agree to terminate the ILA as of the 16`h day of April, 2023; provided
that Section 5.03 shall survive termination of the ILA, and Sections 4.04, 5.01, and 5.02 of
the Agreement shall survive termination of the ILA until payment of the final Invoice
submitted by Leander to BCRUA pursuant to the ILA.
1.02 The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent
of this Termination Agreement.
1.03 This Termination Agreement may be executed in multiple counterparts,each of which will
be deemed an original, but all of which will constitute the same instrument.
CITY OF LEANDER,TEXAS
Christine DeLisle, Mayor
Date:
Attest:
Dara Crabtree, City Secretary
BRUSHY CREEK REGIONAL
UTILITY AUTHORITY
EXHIBIT OAV Anne Duffy, President
Date:
Clean.v.2.Termination of ILA with Leander re Plant Operator;03.09.23 4854 0236-7830v.122
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW. . .
AGREENIENT TO TERMINATE THE
INTERLOCAL AGREENIENT REGARDING PLANT
SUPERINTENDENT AND OPERATOR SERVICES
THIS AGREEMENT TO TERMINATE THE INTERLOCAL AGREEMENT
REGARDING PLANT SUPERINTENDENT AND OPERA'V)R SE VICES (this
"Termination Agreement") is entered into and effective as of the?l"c ate of ft j a({)'023, by
and between the Brushy Creek Regional Utility Authority (*'BCRUA"), and the City of Leander,
Texas ("Leander"). RCRUA and Leander are sometimes individually referred to as a "Party" and
collectively referred to as the"Parties."
RECITALS
WHEREAS, the Parties entered into that one certain INTERLOCAL AGREEMENT
REGARDING WATER TREATMENT' PLANT SUPF•RINTENI)ENT AND OPERATOR
SERVICES (the"ILA"). as of the 29`h day of April, 2011; and
WHEREAS, the Parties ttow wish to terminate the ILA;
NOW THEREFORE,the Parties agree as follows:
1,01 The Parties mutually agree to terminate the [LA as of the I6t°day of April,2023; provided
that Section 5.03 shall survive termination of the ILA, and Sections 4.04, 5,01,and 5.02 of
the Agreement shall survive termination of the 11,A until payment of the final Invoice
submitted by Leander to BC:RUA pursuant to the ILA.
I A2 The Parties agree to cooperate at all times in goad faith to effectuate the purposes and intent
of this Termination Agreement.
t 03 This Termination Agreement may be executed in multiple counterparts,each ofwhich will
be dccmcd an original,but all of which will constitute the same instrument.
CI'['Y OF LEANDE:R,TEXAS
ChristineLisle, Mayor
Date: `/,(J 1�+j
Attest:
CL(Lh&U-
0
Dart Crahtree. City Secretary
BRUSHY CREEK RFGIONAI.
UTII I I'Y Al THO RIT'Y
Anne Duff%, Presitlrttt
I,CPtill a—R_?3C:s • J2 crl�
Cledn W 2 Tenn netKja o'oLA with Leander{e Plan;Operator,03 09.23 4854 0236 7870 v 122
DATE: March 17, 2023
SUBJECT: BCRUA Board Meeting—March 22, 2023
ITEM: 6D. Consider a resolution authorizing the President to execute a Termination
Agreement of the Interlocal Agreement Regarding Water Treatment Plant
Superintendent and Operation Services with Leander.
PRESENTER: Karen Bondy, General Manager
BACKGROUND:
On April 20, 2011 BCRUA entered into an Interlocal Agreement (ILA)with the City of Leander to employ
the Water Treatment Plant Superintendent and the Plant Operators for the BCRUA.While the City of
Leander employs these plant personnel, the ILA stated that these positions will be recruited, selected,
managed and supervised by the BCRUA General Manager. However,the BCRUA General Manager is
employed by the City of Round Rock, through an April 21, 2010 Interlocal Agreement between BCRUA
and the City of Round Rock.
As the BCRUA facilities and staffing have expanded,the Operations Committee has decided that it would
provide a more effective operation to have all BCRUA staff reporting directly to the General Manager.
This will be accomplished by terminating the existing April 20, 2011 ILA between BCRUA and the City of
Leander and executing a new ILA between BCRUA and the City of Round Rock to allow Round Rock to
employ these BCRUA employees.
This Board item is for an agreement to terminate the 2011 ILA between BCRUA and the City of Leander.
This agreement will require approval by the City of Leander, anticipated to occur at its April 6, 2023 City
Council meeting.