R-2025-018 - 1/9/2025 RESOLUTION NO. R-2025-018
WHEREAS, on December 21, 2006, the City of Round Rock, the City of Cedar Park, and the
City of Leander (collectively the "Assignors") entered into a Contract for Engineering Services with
Carter& Burgess, Inc. related to the Raw Water Barge and Pipeline Project; and
WHEREAS, subsequent to the execution of the Contract, the Assignors created the Brushy
Creek Regional Utility Authority ("BCRUA"), a Local Government Corporation, on July 26, 2007;
and
WHEREAS, the Contract allows for the Assignors to assign the Contract to a Local
Government Corporation created by the Assignors; and
WHEREAS, the Assignors desire to assign the Contract to BCRUA and for said assignment to
be retroactively effective as of July 26, 2007; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby desires to assign the Contract for Engineering Services with
Carter & Burgess executed on December 21, 2006, to the Brushy Creek Regional Utility Authority to
be retroactively effective as of July 26, 2007.
That the Mayor is hereby authorized and directed to execute on behalf of the City the
Assignment of Contract for Engineering Services, a copy of same 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.
0112.20252:4899-2698-4971
RESOLVED this 9th day of January, 2025.
1,4
CRAIG ORGA , Mayor
City of Round R k, Texas
ATTEST:
ANN ANKLIN, City Clerk
2
EXHIBIT
A„
ASSIGNMENT OF CONTRACT FOR ENGINEERING SERVICES
This Assignment of Contract for Engineering Services ("Assignment") is entered
into by and between the City of Round Rock, the City of Cedar Park, and the City of
Leander, (collectively referred to as "Assignors") and the Brushy Creek Regional Utility
Authority, Inc., a Local Government Corporation ("BCRUA"). The above entities may
be referred to herein as"Party"or"Parties"as the context may require.
RECITALS
WHEREAS, Assignors and Carter& Burgess, Inc. ("Engineer") entered into that
certain Contract for Engineering Services ("Contract") effective December 21, 2006,
whereby Engineer was to provide engineering services related to Raw Water Barge and
Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Improvements
for Assignors; and
WHEREAS, Article 28 of said Contract specifically provides that the Assignors
may assign the Contract to a Local Government Corporation created by the Assignors
and Assignors intended for such Local Government Corporation to benefit from and be
an assignee of Assignor's rights, remedies, benefits, duties and obligations under the
Contract; and
WHEREAS, on the 26th day of July, 2007, Assignors did create the BCRUA., a
Local Government Corporation pursuant to the provisions of Subchapter D of Chapter
431,Texas Transportation Code; and
WHEREAS, Assignors desire to memorialize the assignment of rights, remedies,
benefits, duties and obligations under the Contract and applicable law to the BCRUA,
and the BCRUA desires to assume and accept such assignment;
NOW,THEREFORE, it is hereby agreed between the Parties as follows:
I.
ASSIGNMENT AND ACCEPTANCE
1.1 Subject to the conditions and reservations of the assignment set forth in Section II
below, Assignors hereby assign Assignors' rights, remedies, benefits, duties and
obligations under the Contract and under applicable law to the BCRUA.
1.2 Subject to the conditions and reservations of the assignment set forth in Section II
below, BCRUA hereby accepts the assignment of the Assignors' rights, remedies and
benefits under the Contract and applicable law and accepts Assignors' duties and
obligations under the Contract and under applicable law.
Assignment of Contract to BCRUA 4904-0382-4139 v.2
II.
CONDITIONS AND RESERVATIONS OF ASSIGMENT
2.1 In executing this Assignment, in addition to assigning to Assignee the rights,
remedies, benefits, duties and obligations of Assignor under the Contract and under
applicable law and as a condition to such assignment, Assignors also reserve and retain
unto themselves, the right, if they so choose, to exercise the rights and remedies of the
Owners under the Contract and under applicable law and the right, if they so choose, to
perform any of the duties and obligations of the Owners under the Contract and under
applicable law.
2.2 In accepting this Assignment, the BCRUA acknowledges and accepts the
assignment set forth herein subject to the conditions and reservations set forth in
paragraph 2.1 above.
2.3 In executing this Assignment, the Assignors are intending to assign and are
assigning to the BCRUA any benefits applicable to the Assignors under applicable law,
including but not limited to any codes or statutes that pertain to the rights, remedies,
benefits, duties and obligations of the Assignors under the Contract.
IN WITNESS WHEREOF, the above-named parties have caused this document to be
executed on the dates provided below by their duly authorized agents to be retroactively
effective as of the 26th day of July, 2007.
ASSIGNORS
The City of Round Rock
By:
Craig Morgan, Mayor
Date:
The City of Cedar Park
By:
Jim Penniman-Morin, Mayor
Date:
Assignment of Contract to BCRUA 4904-0382-4139 v.2
The City of Leander
By:
Christine DeLisle,Mayor
Date:
BRUSHY CREEK REGIONAL UTILITY
AUTHORITY,INC.
By:
Na'Cole Thompson,President
Date:
Assignment of Contract to BCRUA 4904-0382-4139 v.2