Contract - Brushy Creek Municipal Utility District - 5/28/2026 ORDER NO. 26-0326-10
ORDER APPROVING INTERLOCAL AGREEMENT WITH CITY OF ROUND ROCK RELATING TO
HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICES
WHEREAS, Brushy Creek Municipal Utility District (the "District") is a municipal utility
district created and operating under the authority of Chapters 49 and 54 of the Texas Water
Code, as amended;
WHEREAS, Section 49.213(b) of the Texas Water Code authorizes a district to enter into
contracts with any person or any public or private entity in the performance of any purpose or
function permitted by a district;
WHEREAS, Chapter 791 of the Texas Government Code authorizes a local government to
enter into an agreement with another local government to provide a governmental function or
service; and,
WHEREAS, waste disposal is a "governmental function and service" under Section
791.003(3)(H) of the Texas Government Code;
WHEREAS, the Board of Directors of the District desires that its residents efficiently
dispose of household hazardous waste;
WHEREAS, the City of Round Rock provides a household hazardous waste collection and
disposal services for its residents including monthly scheduled collection events; and
WHEREAS, the Board of Directors of the District desires to enter into an interlocal
agreement with the City of Round Rock setting forth the terms and conditions pursuant to which
District residents may participate in the City's household hazardous waste collection and disposal
program.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT,THAT:
SECTION 1. The facts and recitations in the preamble of this Order are hereby found and
declared to be true and correct, and are incorporated by reference herein and expressly made a
part hereof, as if copied verbatim.
SECTION 2. The Board of Directors hereby approves the Interlocal Agreement with the
City of Round Rock in the form attached hereto, and further authorizes the execution thereof by
the President,Vice-President or General Manager of the District.
SECTION 3. Upon adoption, a copy of this Order shall be retained in the District's records
and retained in accordance with the District's record retention policies.
AGI 7.23 HHW Voucher Program
Order 26-0326-10
ORDERED this 26th day of March, 2026.
BRUSHY CREEK MUNICIPAL UTILITY DISTRICT
ALBy
President
ATTEST:
Secretary
Exhibit"A"
Interlocal Agreement
AGI 7.23 HHW Voucher Program
Order 26-0326-10
INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE
CITY OF ROUND ROCK'S
HOUSEHOLD HAZARDOUS WASTE PROGRAM
This Interlocal Agreement (hereinafter referred to as the "Agreement") is entered into by
and between the undersigned Local Governments of the State of Texas,namely the City of Round
Rock, Texas, a home-rule municipal corporation located in Williamson and Travis Counties,
Texas, hereinafter called the "City" and Brushy Creek Municipal Utility District a Texas
Conservation and Reclamation District located in Williamson County, hereinafter called the
"Participating Entity"and hereinafter collectively referred to as the"Parties."
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and
Subchapter F, Chapter 271 of the Texas Local Government Code; and,
WHEREAS,the Parties are local governments as that term is defined in Section 791.003(4)of the
Texas Government Code and Section 271.101(2) of the Texas Local Government Code; and,
WHEREAS, Section 791.011(c)(1) of the Texas Local Government Code authorizes a local
government to enter into an agreement with another local government to provide a governmental
function or service;and,
WHEREAS, waste disposal is defined as a "governmental function and service" pursuant to
Section 791.003(3)(H); and,
WHEREAS, the Participating Entity seeks to encourage residents to efficiently dispose of
household hazardous waste,hereinafter called"HHW;"and,
WHEREAS, the City currently provides a HHW Collection Program for residents of the City,
including monthly scheduled collection events; and,
WHEREAS,the City and the Participating Entity desire to enter into this Agreement whereby the
City will provide HHW disposal services for the Participating Entity as described herein; and,
WHEREAS, the Parties, acting by and through their respective signature authorities, do hereby
adopt and find the foregoing premises as findings of said governing bodies;
NOW THEREFORE,the Parties agree as follows:
ARTICLE I
DEFINITIONS
Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases in this Agreement shall have the following meaning:
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A. Household Hazardous Waste (HHW) means any solid waste generated in a
household by a consumer which except for the exclusion provided for and in 40 CFR 261.4(b)(1)
would be classified as a hazardous waste under 40 CFR part 261.
B. Residential Ouantity means no more than the equivalent of twenty-five (25)
gallons and/or fifty (50)pounds of household hazardous materials and no container over five (5)
gallons in size.
ARTICLE II
PURPOSE
The purpose of this Agreement is for the City to provide HHW disposal services to
residents of the Participating Entity as set forth herein.
ARTICLE III
TERM
The term of this Agreement shall commence on the date on which all Parties hereto have
executed this Agreement("Effective Date"). This Agreement shall expire five (5)years from the
date of execution of this Agreement, unless extended by mutual consent of the Parties.
ARTICLE IV
SERVICES
A. The City currently administers HHW collection events for residents of the City.
The City agrees to issue up to fifty (50) vouchers per month to the Participating Entity for
presentation at a City HHW collection event. Upon presentation of a valid voucher at a City HHW
collection event,the City shall dispose of the resident's HHW,provided the requirements set forth
below are met.
B. A voucher shall entitle one household to dispose of a Residential Quantity of HHW
at a scheduled HHW collection event. The City has the right to refuse any material that is not
HHW or is more than the Residential Quantity.
C. The City has the right to refuse any HHW that is presented by a resident of the
Participating Entity that does not have a valid voucher. All vouchers shall expire and become
invalid two (2)years after issuance to the Participating Entity by the City.
D. The Participating Entity is responsible for distribution of the vouchers to the
residents of the Participating Entity in such manner as the Participating Entity determines
appropriate. The City shall not provide vouchers to individual residents of the Participating Entity
and is not responsible for determining if a resident is entitled to possession of a voucher.
E. The Participating Entity is responsible for requesting vouchers from the City. The
Participating Entity shall be issued requested vouchers upon payment to the City in the amount of
forty dollars($40)per voucher.
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F. The City reserves the right to cancel scheduled collection events due to inclement
weather or any other reasons the City determines necessary.
G. The City agrees to employ and retain personnel to provide the services necessary
to administer the HHW collection events and agrees to maintain a valid contract with an
appropriate facility responsible for the handling, collection, transportation, storage, disposal,
treatment,recovery, and/or reuse of HHW.
ARTICLE V
DESIGNATED REPRESENTATIVE
The City hereby designates the following representative to act in its behalf with regard to
this Agreement:
Michael D. Thane,P.E.
Executive Director of Public Works
3400 Sunrise Drive
Round Rock,Texas 78665
Telephone: (512)218-3236
mthane,roundrocktexas.gov
ARTICLE VI
TERMINATION
Either Party may withdraw its participation from this Agreement by providing thirty (30)
days prior written notice to the other Party.
ARTICLE VII
INDEMNIFICATION
To the extent authorized by Texas law, the Participating Entity shall defend, indemnify,
and hold the City, its successors,assigns, officers, employees and elected officials harmless from
and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or
resulting from the fault of the Participating Entity, or Participating Entity's successors, assigns,
officers,employees and elected officials, in the negligent performance of the Participating Entity's
obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing
herein shall be deemed to limit the rights of the City or the Participating Entity (including but not
limited to the right to seek contribution) against any third party who may be liable for an
indemnified claim.
AGI 7.23 HHW Voucher Program
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ARTICLE VIII
MISCELLANEOUS
A. Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating,a partnership, association,joint venture or trust.
B. Notice: Any notice required or permitted to be delivered hereunder shall be deemed
received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt
Requested, or by hand delivery or facsimile transmission addressed to the respective Party at the
address set forth opposite the signature of the Party.
Participating Entity:
Chelsea Lockhart
Administration Manager
Brushy Creek MUD
16318 Great Oaks
Round Rock,TX 78681
City:
Brooks Bennett, City Manager
City of Round Rock
221 East Main Street
Round Rock,TX 78664
AND TO:
Stephanie L. Sandre,City Attorney
309 East Main Street
Round Rock,TX 78664
C. Amendment: This Agreement may be amended by the mutual written agreement of the
Parties.
D. Severability: In the event anyone or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
E. Governing Law: The validity of this Agreement and any of its terns and provisions, as
well as the rights and duties of the Parties, shall be governed by the laws and court decisions of
the State of Texas. All obligations hereunder are performable in Williamson County, Texas and
venue for any action concerning this Agreement shall be in Williamson County,Texas.
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F. Entire Agreement: This Agreement represents the entire agreement among the Parties
with respect to the subject matter covered by this Agreement. There is no other collateral, oral or
written agreement between the Parties that in any manner relates to the subject matter of this
Agreement.
G. Recitals: The recitals to this Agreement are incorporated herein.
H. Counterparts: This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original constituting one and the same instrument.
EXECUTED on this the day of the month of , 2026.
[Signatures on the following pages.]
AGI 7.23 HHW Voucher Program
Order 26-0326-10
CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan,M or
Date Signed: Z Z.
ATTE
By:
Ann ranklin, City Clerk
FOR CITY,APPROVED AS TO FORM:
By: �Z"C2�
tephanie Sandre, City Attorney
AGI 7.23 HHW Voucher Program
Order 26-0326-10
BRUSHY CREE M ICIPAL UTILITY DISTRICT
By:
Name: Michael Tucker
Title: Board President
Date Signed: 3.7—Ce-ZOU,
ATTEST:
By:
Board Secretary
AGI 7.23 HHW Voucher
Program Order 26-0326-10