R-2014-1982 - 11/13/2014 RESOLUTION NO. R-2014-1982
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 to become participants in the Agreement; and
WHEREAS, Jonah Water Special Utility District has now requested and Brazos River
Authority has agreed to the permanent assignment of Jonah Water 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, Jonah Water Special Utility District, 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.
0112.1404;00314908
RESOLVED this 13th day of November, 2014.
AL A MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Clerk
2
1
EXHIBIT
"A»
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"), Jonah Water Special Utility District ("Jonah"), Brushy Creek Municipal Utility
District ("Brushy Creek"), and Chisholm Trail Special Utility District ("Chisholm").
RECITALS
WHEREAS, BRA and Georgetown, Round Rock and Jonah (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
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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 has requested and BRA has agreed to the permanent assignment of
Jonah'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. Jonah hereby assigns all of its rights under the Multiple Agreements to
Georgetown as contemplated under Section 16(n) of the Base Agreement.
2. Georgetown hereby assumes all obligations and responsibilities of Jonah.
3. Jonah shall be excused from performance of all obligations and responsibilities
assumed by Georgetown upon the Effective Date of this Assignment.
4. This Assignment shall in no way relieve Jonah from any of its liabilities contained
within the Multiple Agreements.
5. All provisions of the Multiple Agreements shall remain in full force and effect
between BRA, Georgetown, Round Rock, Brushy Creek and Chisholm.
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
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
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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.
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BRAZOS RIVER AUTHORITY
By:
PHIL FORD
Title: GENERAL MANAGER/CEO
ATTEST:
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CITY OF GEORGETOWN
By:
Title:
ATTEST:
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CITY OF ROUND ROCK
By:
Title:
ATTEST:
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JONAH WATER SPECIAL UTILITY DISTRICT
By:
Title:
ATTEST:
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BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT
By:
Title:
ATTEST:
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CHISHOLM TRAIL SPECIAL UTILITY DISTRICT
By:
Title:
ATTEST:
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