R-07-11-08-10E1 - 11/8/2007 RESOLUTION NO. R-07-11-08-10E1
WHEREAS, Chapter 791 of the Texas Government Code, V.T. C.A. ,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with Williamson County for the construction of
Wyoming Springs, 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 an Interlocal Agreement with Williamson County, 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.
RESOLVED this 8th day of November, 00
NY WELL, ayor
City of RouniaRock, Texas
ATTES '
CHRISTINE R. MARTINEZ, City Secretar
0:\wdox\RESOLUTI\R71108E1.WPD/rmc
INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Interlocal Agreement (the "Agreement") is entered into as of this day of
, 2007, by and between Williamson County, a political subdivision of the state of
Texas (the "County") and the City of Round Rock, a Texas home-rule municipality ("Round
Rock").
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, cited as the Texas Interlocal
Cooperation Act, provides that any one or more local governments may contract with each other
for the performance of governmental functions or services for the promotion and protection of
the health and welfare of the inhabitants of this State and the mutual benefit of the parties; and
WHEREAS, the City is planning the design and construction of the extension of Creek
Bend Boulevard, including a new bridge over Brushy Creek and the widening of Hairy Man
Road, collectively the"Creek Bend Project"; and
WHEREAS, the County and the City desire to design and construct the widening of
Wyoming Springs from the intersection of Brightwater Boulevard to FM 620 (the "Wyoming
Springs Project").
Now Therefore, in consideration of the mutual covenants and agreements herein
contained, the City and the County agree as follows:
TERMS AND CONDITIONS
1. The County agrees to contribute to the City the sum of Three Million and 00/100 Dollars
($3,000,000) for costs incurred for the Wyoming Springs Project. The County shall remit
to the City $750,000 within 30 days of the signing of this Agreement with the balance
being due within thirty (30) days after the award of a contract for the Wyoming Springs
Project.
2. The City agrees that the Wyoming Springs Project will be constructed so that it will be
complete before or at the same time as the construction of the"Creek Bend Project."
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00124752 EXHIBIT
3. Prior to the beginning of construction, the City agrees to allow the County Engineer to
review and provide input on the design plans for the Wyoming Springs Project.
4. To the extent legally permissible, upon final completion of construction of the Wyoming
Springs Project, the City shall annex, accept and maintain those portions of Wyoming
Springs Boulevard that are currently outside the city limits.
MISCELLANEOUS PROVISIONS
1. Execution. This Agreement may be simultaneously executed in any number of
counterparts, each of which will serve as an original and will constitute one and the same
instrument.
2. Governing Law. This Agreement will be governed by the Constitution and laws
of the State of Texas.
3. Successors and Assigns. The assignment of this Agreement by either Party is
prohibited without the prior written consent of the other Party.
4. Headings. The captions and headings appearing in this Agreement are inserted
merely to facilitate reference and will have no bearing upon its interpretation.
5. Partial Invalidity. If any of the terms, covenants or conditions of this Agreement,
or the application of any term, covenant, or condition, is held invalid as to any person or
circumstance by any court with jurisdiction, the remainder of this Agreement, and the application
of its terms, covenants, or conditions to other persons or circumstances, will not be affected.
6. Waiver. Any waiver by any party of its rights with respect to a default or
requirement under this Agreement will not be deemed a waiver of any subsequent default or
other matter.
7. Amendments. This Agreement may be amended or modified only by written
agreement duly authorized and executed by the duly authorized representatives of the Parties.
8. Cooperation. Each Party agrees to execute and deliver all such other and further
instruments and undertake such actions as are or may become necessary or convenient to
effectuate the purposes and intent of this Agreement.
9. Venue. All obligations of the Parties are performable in Williamson County,
Texas and venue for any action arising hereunder will be in Williamson County.
10. Third Party Beneficiaries. Except as otherwise expressly provided herein, nothing
in this Agreement, express or implied, is intended to confer upon any person, other than the
Parties, any rights,benefits, or remedies under or by reason of this Agreement.
2
11. Representations. Unless otherwise expressly provided, the representations,
warranties, covenants, indemnities, and other agreements will be deemed to be material and
continuing, will not be merged, and will survive the termination or expiration of this Agreement.
12. Exhibits. All exhibits attached to this Agreement are hereby incorporated in this
Agreement as if the same were set forth in full in the body of this Agreement.
13. Entire Agreement. This Agreement, including any attached exhibits, contains the
entire agreement between the Parties with respect to the subject matter and supersedes all
previous communications, representations, or agreements, either verbal or written, between the
Parties with respect to such matters.
14. Term. This Agreement shall automatically terminate if a contract for the Project
is not awarded within three(3) years after this Agreement is executed by both parties.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed,
sealed and attested in duplicate by their duly authorized officers, as of the Effective Date.
WILLIAMSON COUNTY
By:
Honorable Dan A. Gattis, County Judge
Date:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
Date:
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DATE: November 1, 2007
SUBJECT: City Council Meeting - November 8, 2007
ITEM: 10E1. Consider a resolution authorizing the Mayor to execute an
Interlocal Agreement with Williamson County for the construction
of Wyoming Springs between RM 620 and Brightwater Boulevard.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director of Transportation Services
Justification:
In conjunction with City's project to extend Creek Bend Boulevard to the intersection of
Brightwater Boulevard / Wyoming Springs, there is need to widen Wyoming Springs to its
ultimate MAD 4 configuration to enhance regional mobility and reduce current and future
congestion. Wyoming Springs, which is shown as a 4 lane Major Arterial Divided (MAD 4)
on the Transportation Master Plan for the City, County and CAMPO, is currently constructed
as a two lane roadway between RM 620 and Brightwater Boulevard.
Funding:
Cost: $ 3,000,000 (Williamson County)
3,400,000 (City of Round Rock)
$ 6,400,000
Source of funds: Williamson County Bond Proceeds
4B Corporation
Outside Resources: Williamson County
Background Information:
At the request of the City, Williamson County allocated $3.0 million of their 2006 Road and
Parks Bond Issue for the construction of Wyoming Springs between RM 620 and Brightwater
Boulevard. This project will construct the remaining two lanes of the proposed MAD 4 and
includes paving, curb, gutter, drainage and other associated appurtenances. This project will
include a pedestrian crossing facility for students attending Fern Bluff Elementary School.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Interlocal Agreement (the "Agreement") is entered into as of this day of
, 2007, by and between Williamson County, a political subdivision of the state of
Texas (the "County") and the City of Round Rock, a Texas home-rule municipality ("Round
Rock").
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, cited as the Texas Interlocal
Cooperation Act, provides that any one or more local governments may contract with each other
for the performance of governmental functions or services for the promotion and protection of
the health and welfare of the inhabitants of this State and the mutual benefit of the parties; and
WHEREAS, the City is planning the design and construction of the extension of Creek
Bend Boulevard, including a new bridge over Brushy Creek and the widening of Hairy Man
Road, collectively the"Creek Bend Project"; and
WHEREAS, the County and the City desire to design and construct the widening of
Wyoming Springs from the intersection of Brightwater Boulevard to FM 620 (the "Wyoming
Springs Project").
Now Therefore, in consideration of the mutual covenants and agreements herein
contained, the City and the County agree as follows:
TERMS AND CONDITIONS
1. The County agrees to contribute to the City the sum of Three Million and 00/100 Dollars
($3,000,000) for costs incurred for the Wyoming Springs Project. The County shall remit
to the City $750,000 within 30 days of the signing of this Agreement with the balance
being due within thirty (30) days after the award of a contract for the Wyoming Springs
Project.
2. The City agrees that the Wyoming Springs Project will be constructed so that it will be
complete before or at the same time as the construction of the"Creek Bend Project."
CIO _W I
00124752
3. Prior to the beginning of construction, the City agrees to allow the County Engineer to
review and provide input on the design plans for the Wyoming Springs Project.
4. To the extent legally permissible, upon final completion of construction of the Wyoming
Springs Project, the City shall annex, accept and maintain those portions of Wyoming
Springs Boulevard that are currently outside the city limits.
MISCELLANEOUS PROVISIONS
1. Execution. This Agreement may be simultaneously executed in any number of
counterparts, each of which will serve as an original and will constitute one and the same
instrument.
2. Governing Law. This Agreement will be governed by the Constitution and laws
of the State of Texas.
3. Successors and Assigns. The assignment of this Agreement by either Party is
prohibited without the prior written consent of the other Party.
4. Headings. The captions and headings appearing in this Agreement are inserted
merely to facilitate reference and will have no bearing upon its interpretation.
5. Partial Invalidity. If any of the terms, covenants or conditions of this Agreement,
or the application of any term, covenant, or condition, is held invalid as to any person or
circumstance by any court with jurisdiction, the remainder of this Agreement, and the application
of its terms, covenants, or conditions to other persons or circumstances, will not be affected.
6. Waiver. Any waiver by any party of its rights with respect to a default or
requirement under this Agreement will not be deemed a waiver of any subsequent default or
other matter.
7. Amendments. This Agreement may be amended or modified only by written
agreement duly authorized and executed by the duly authorized representatives of the Parties.
8. Cooperation. Each Party agrees to execute and deliver all such other and further
instruments and undertake such actions as are or may become necessary or convenient to
effectuate the purposes and intent of this Agreement.
9. Venue. All obligations of the Parties are performable in Williamson County,
Texas and venue for any action arising hereunder will be in Williamson County.
10. Third Party Beneficiaries. Except as otherwise expressly provided herein, nothing
in this Agreement, express or implied, is intended to confer upon any person, other than the
Parties, any rights,benefits, or remedies under or by reason of this Agreement.
2
11. Representations. Unless otherwise expressly provided, the representations,
warranties, covenants, indemnities, and other agreements will be deemed to be material and
continuing, will not be merged, and will survive the termination or expiration of this Agreement.
12. Exhibits. All exhibits attached to this Agreement are hereby incorporated in this
Agreement as if the same were set forth in full in the body of this Agreement.
13. Entire Agreement. This Agreement, including any attached exhibits, contains the
entire agreement between the Parties with respect to the subject matter and supersedes all
previous communications, representations, or agreements, either verbal or written, between the
Parties with respect to such matters.
14. Term. This Agreement shall automatically terminate if a contract for the Project
is not awarded within three(3) years after this Agreement is executed by both parties.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be signed,
sealed and attested in duplicate by their duly authorized officers, as of the Effective Date.
WILLIAMSON COUNTY
onorable Dan A:Gattis, County Judge
Date: _7
CITY OFROYRTEXAS
By: _--
ell, _Mayor
Date.
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