R-08-01-24-10C2 - 1/24/2008 RESOLUTION NO. R-08-01-24-10C2
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 the City of Cedar Park and the City of
Leander Regarding Acquisition of Easements for Construction of a Raw
Water Transmission Line Along Trails End Road, 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 the City of Cedar Park
and the City of Leander, 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 24th day of January,;,'2
N LL, Mayor
City of Round Rock, Texas
ATTEST-
SARA
TTEST:SARA L. WHITE, City Secretary
0:\wdox\RESOLUTI\R80124C2.WPD/rmc/0199-4622
INTERLOCAL AGREEMENT REGARDING ACQUISITION OF EASEMENTS FOR
CONSTRUCTION OF A RAW WATER TRANSMISSION LINE
ALONG TRAILS END ROAD
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT REGARDING ACQUISITION OF
EASEMENTS FOR CONSTRUCTION OF A RAW WATER TRANSMISSION LINE
ALONG TRAILS END ROAD ("Agreement") is entered into between the City of Round
Rock, Texas, a Texas home-rule city ("Round Rock"); the City of Cedar Park, Texas, a Texas
home-rule city ("Cedar Park"), and the City of Leander, Texas, a Texas home-rule city
("Leander"). In this Agreement, Round Rock, Cedar Park and Leander are sometimes
individually referred to as" Party" and collectively referred to as"Parties".
Recitals
WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander
necessitates the development of additional water treatment capacity for each of these
communities;
WHEREAS, the Parties have agreed to jointly pursue a regional water supply system
that will ultimately provide treatment capacity for an additional 105.8 million gallons per day of
potable water supply to meet future water demands of the Parties based on projected population
growth;
WHERES, as an integral part of the Regional Project, the Parties desire to proceed with
the acquisition of temporary and permanent easements for the construction of a raw water
transmission line generally following the alignment of Trails End Road located in Travis County,
Texas, and more particularly described in Exhibit A(the"Easements");
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions
pursuant to which the Parties authorize Cedar Park to acquire the Easements and pursuant to
which the Parties will participate in all costs and expenses related thereto.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
EXHIBIT
Page 1 of 9 a 'All
1.01 "Agreement" means this Interlocal Agreement Regarding Acquisition of Easements for
Construction of a Raw Water Transmission Line Along Trails End Road.
1.02 "BCRUA" means the Brushy Creek Regional Utility Authority.
1.03 "Cedar Park" means the City of Cedar Park, Texas.
1.04 "City Managers Committee" means the committee consisting of the City Managers for
Cedar Park, Leander, and Round Rock.
1.05 "Cost Allocation Percentage" means the percentage of Easement Acquisition Costs to be
paid by each Party. The Cost Allocation Percentage for each Party is as follows:
Cedar Park: 14.18%
Leander: 47.26%
Round Rock 38.56%
1.06 "Design & Oversight Committee" or "D.O. Committee" means the engineering
representative(s) selected by each Party for purposes of overseeing the Regional Project in
accordance with the PER and the Project Schedule.
1.07 "Easement(s)" mean the easement(s), individually or collectively, identified by type
(temporary or permanent) on the tracts of real property identified on Exhibit A.
1.08 "Easement Acquisition Contract(s)" means any contract(s) for the acquisition of an
easement, whether temporary or permanent, on the tracts of real property identified on Exhibit A.
1.09 "Easement Acquisition Costs" means all costs and expenses incurred by Cedar Park to
acquire the easements made the basis of this Agreement. "Easement Acquisition Costs" include,
but are not limited to, the Total Estimated Compensation for each easement as set forth on
Exhibit A plus a contingency of forty percent (40%). Each Party shall bear its share of the
Easement Acquisition Costs in accordance with the Cost Allocation Percentage set forth herein.
1.10 "Effective Date" means the last date of execution of this Agreement by the Parties;
provided all of the Parties must execute this Agreement for it to be effective.
1.11 "Leander" means the City of Leander, Texas.
1.12 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or
collectively, as applicable.
1.13 "PDR" means the "Preliminary Design Report for the Brushy Creek Regional Water
Supply Project—Phase 1 Raw Water Facilities, Floating Intake& Raw Water Pipeline" prepared
by Carter&Burgess, Inc. in conjunction with HDR Engineering, Inc. and dated October 2007
1.14 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared
by HDR Engineering, Inc. and dated November 2006.
Page 2 of 9
1.15 "Project Schedule" means the schedule for the completion of the Regional Project as set
forth in the PER and further refined in the PDR.
1.16 "Regional Project" means the regional water supply system, which will ultimately
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of the Parties, based on projected population growth, as more fully described in the
PER and further refined in the PDR.
1.17 "Round Rock" means the City of Round Rock, Texas.
H.
EASEMENT ACQUISITION CONTRACTS
2.01 Easement Acquisition.
(a) In accordance with the PER and the PDR, the Parties expect to acquire the
Easements for the purpose of constructing a raw water transmission line. The raw water
transmission line will be an integral part of the Regional Project. The Estimated Total
Compensation to be paid for each Easement is set forth on Exhibit A. However, the Parties
acknowledge that the Estimated Total Compensation is an estimate and may not reflect the
compensation actually paid to acquire each Easement.
(b) Leander and Round Rock agree and hereby authorize Cedar Park to acquire the
Easements shown on Exhibit A, either by (i) entering into one or more Easement Acquisition
Contracts for the Easements or(ii) duly exercising its eminent domain authority to acquire one or
more of the Easements if the exercise of such authority is necessary. Leander and Round Rock
agree that Cedar Park shall acquire the Easements in its name on the condition that Cedar Park
shall acquire the Easements for the benefit of the Parties in the proportionate shares set forth in
the PER and the PDR and for use as planned in the Regional Project. Leander and Round Rock
agree that Cedar Park shall have sole responsibility and authority to oversee and administer the
acquisition of the Easements on the condition that Cedar Park shall acquire the Easements for the
benefit of the Parties in the proportionate shares set forth in the PER and the PDR and for use as
planned in the Regional Project. However, Cedar Park shall not enter into, modify, or amend an
Easement Acquisition Contract to provide for a purchase price for an Easement in excess of the
Total Estimated Compensation for such Easement set forth on Exhibit A plus a contingency of
forty percent (40%).
in.
PAYMENT OF EASEMENT ACQUISITION COSTS.
3.01 Payment of Easement Acquisition Costs.
(a) All Easement Acquisition Costs shall be shared by the Parties according to the
Cost Allocation Percentages.
(b) Each Party shall pay its share of the Easement Acquisition Costs at or before the
closing for each Easement to be acquired hereunder or at such other time as Cedar Park may
Page 3 of 9
reasonably designate. Leander and Round Rock shall promptly pay their respective shares to
Cedar Park or to a title company as directed by Cedar Park from time to time.
(c) After closing, the Parties shall unanimously determine whether Cedar Park (i)
shall deliver to each Party its undivided interest in each Easement in accordance with the PER
and the PDR or(ii) shall convey title to each tract to BCRUA.
(d) In the event of any dispute among the Parties, the Parties agree that the City
Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as
possible so as not to jeopardize the acquisition of any Easement or the completion of the
Regional Project in accordance with the Project Schedule. If the City Managers Committee is
unable to resolve a dispute after reasonable and good faith efforts, then the dispute shall be
referred to the Parties' respective City Councils, who shall promptly, diligently, and in good faith
attempt to resolve the dispute as quickly as possible in order to minimize any disruption to the
acquisition schedule or the completion of the Regional Project in accordance with the Project
Schedule. The Parties agree that time is of the essence in this matter.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement shall not be affected and this Agreement shall be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement shall be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the acquisition of
real property for a regional water treatment plant site and supersedes all prior or
contemporaneous understandings or representations, whether oral or written, regarding the
subject matter. The Parties confirm that further agreements regarding the Regional Project are
contemplated and shall not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
Page 4 of 9
4.08 Notices. Any notices given under this Agreement shall be effective if(i) forwarded to a
Party by hand-delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with
the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below:
CEDAR PARK: 600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Brenda Eivens
Telephone: (512) 401-5020
Facsimile: (512) 401-5021
Email 'Del r <E CI.cedar-oarI .tx.Lrs
with copy to: Leonard B. Smith
P.O. Box 684633
Austin, Texas 78768
Telephone: (512) 474-6707
Facsimile: (512) 474-6706
Email: IsriEtk1
ROUND ROCK: 221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jrf ius d-i,ock_XAIS
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512)255-8877
Facsimile: (512)255-8986
Email: sl sheet s`ci'sheets-crossfield.com
Leander: P.O. Box 319
Leander, Texas 78646-0319
Attn: Wayne Watts
Telephone: (512)259-1178
Facsimile: (512)259-1605
Email: w.watts@ci.leander.tx.us
with copy to: Diana Granger
223 W. Anderson Lane, Suite A-105
Austin, Texas 78752
Telephone: (512) 323-5778
Telecopy: (512) 323-5773
Email: attorney-srct!cityattorneytexas.con3
Page 5 of 9
4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Exhibits. The following exhibit is attached to this Agreement and incorporated herein by
reference:
Exhibit A: Regional Water Project, Raw Water Line, Trails End (Pages 1 —3)
prepared by Lockwood Andrews Newnam, Inc.
4.11 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
4.12 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
SIGNATURES APPEAR ON FOLLOWING PAGES.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
Page 6 of 9
CITY OF ROUND ROCK:
ATTEST:
By:
Christine Martinez, City Secretary Nyle Maxwell, Mayor
Date:
Page 7 of 9
CITY OF CEDAR PARK:
ATTEST:
By:
LeAnn Quinn, City Secretary Bob Lemon, Mayor
Date:
Page 8 of 9
CITY OF LEANDER:
ATTEST:
By:
Debbie Haile, City Secretary John Cowman, Mayor
Date:
Page 9 of 9
Lockwood,Andrews Newham,Inc. Regional Water Project Exhibit A
ROW Services Raw Water Line
Trails End
Easement Property Add.Compensation Total Est.
No. Parcel No. Perm/Temp Owner Legal description Area(AC) Area(SF) Easement Value Comments
e im provemants atcL Compensation
Trails End Homeowners Lot 31,Resubdivision of
30 3,4 P Association,Inc C/O June& Lots 13&14,Trails End HOA Park 0.382 16,648 $8,325 $0 $8,325 Tunnel easement,no
Jim Roberts Subdivision,Travis surface damages
County,Texas
Lots 10-12,Resub of Lots
27 5 P Jon S&Trudy(Gertrude)R 13&14 Trails End Lakefront, Tunnel easement,no
Henke Subdivision,Travis residential 0.099 4,314 $2,160 $0 $2,160 surface damages
County,Texas
Lot 9,Resub of Lots 13&
Dr.George&Bertille 14 Trails End 0.041 perm, 1,805 perm,2,311 No landscaping or
28&29 6 P&T Shannan Subdivision,Travis Lakefront lot 0.053 TCE TCE $4,250 $0 $4,250 trees in TICE
County,Texas
139.376 acres out of Lot
36 7 T HJ Trails End Ltd.(fka TLS) 57 Resub#5,Trails End Acreage 0.822 35,813 $9,025 $9,000 $18,025 Replace native
Subdivision,Travis landscaping
County,Texas
.950 Acres out of Lot 57,
38 8 T Travis County ESD#1 Resub#5,Trails End fire station 0.095 4,127 $3,715 $1,035 $4,750 Replace native
Subdivision,Travis landscaping
County.Texas
28.140 acres out of Lot water
37 9 T LCRA(Sandy Creek WTP) 57,Resub#5,Trails End treatment 1.000 43,581 $11,000 $10,900 $21,900 Replace native
Subdivision,Travis plant landscaping
Texas
2.27 acres out of A. Acreage
Hampton Survey 607, (assembled No landscaping or
35 10 T HJ Trails End Ltd. Abstract 373,Travis with 139 0.786 34,221 $22,000 $0 $22,000 trees in TOE
acres)County,Texas
20.155 acres out of the S.
Jack Schmitt&Jeanne Hayford Survey 53, Replace native
34 11 T Bazar Abstract 2246,Travis Lg.ac.Res. 0.324 14,120 $3,560 $7,270 $10,830 landscaping and
Countv.Texas fencing
Replace native
Robert D.and Cathy 1 Acre ABS 2246 SUR 53 landscaping and
39 11a T Womack HAYFORD S Sm.Ac.Res. 0.087 3,772 $2,376 $1,736 $4,112 fencing(Appraised
Bevalue 12-03-07.)
320 ft.of Lot 12&N
420 ft of Lot 13,Red Replace native
49 13&14 T Mark Ammerman Wagon Ranchettes, Lg.ac.Res. 0.569 24,766 $6,250 $13,500 $19,750 landscaping and
Section 2,Travis County, fencing
Texas
14.162AC out of Lot 12, Replace native
48 15 T Mark Ammerman Red Wagon Ranchettes, Lg.ac.Res. 0.204 8,899 $2,250 $5,105 $7,355 landscaping and
Section 2
fencing
47 15a T Robert&Linda Ziemann 1.928AC OF LOT 12 Red Sm.Ac.Res. 0.278 12,107 $7,630 $3,025 $10,655 Replace native
Wagon Ranchettes,Sec 2 landscaping
2.856 acres out of Lot 11
&11.144 acres out of Lot Replace native
33 16 T Ronald&Gay Klinger 12 Red Wagon Sm.Ac.Res. 0.474 20,655 $5,210 $18,860 $24,070 landscaping and
Ranchettes Sec 2 fencing
Page 1 of 3
i
pLockwood,Andrews Newnem,Inc. Regional Water Project Exhibit A
S ROW Services Raw Water Line
Trails End
{
Easement Property Add.Compensation Total Est.
No Parcel No. PermlTemp Owner Legal description a Area(AC) Area(SF) Easem ant Value im rovements etc Compensation Comments
17.124 acres out Lot 11,
Red Wagon RanchettesReplace native
,
32 17 T Ronald&Gay Klinger Lg.ac,Res. 0.413 18,006 $4,540 $10,200 $14,740 landscaping and
Section 2,Travis County,
fencing
11.220 acres out of 11 Replace native
31 18 T Phil&Sandy Maguire Red Wagon Ranchettes, Lg.ac.Res. 0.226 9,834 $2,500 $5,180 $7,680 landscaping and
Section 2,Travis County,
fencing
Texas
Lot 10,Red Wagon Replace native
19 T Alex&Kell!McCarthy Ranchettes,Section 2, Lg.ac.Res. 0.770 33,541 $8,720 $27,585 $36,305 landscaping and
Travis County,Texas fencin
20 acres out of Lots 8&9,
Red Wagon RanchattesReplace native
,
40 20 T Steven &Cean Embrey
Section 2,Travis County, Lg.ac.Res. 0.535 23,284 $5,870 $12,115 $17,985 landscaping and
Texas fencing
Lots 7&8-A,Red Wagon Replace native
25 21 T Rosemarie Schwarzer Ranchettes,Section 2, Lg.ac.Res. 1.083 47,191 $12,000 $11,800 $23,800 landscaping
Travis County,Texas
Dennis Armstrong Estate 2.341 acres out of Lot 1,
24 22 T C!O Ms.Peggy L. Red Wagon Ranchettes, SFR Lot 0.192 8,395 $5,300 $2,100 $7,400 Replace native
Armstrong Section 2,Travis County, landscaping
Texas
50.510 acres out of the S.
21 27 T Thomas N.Skiles Hayford Survey 53, Lg.ac.Res. 0.884 38,495 $9,700 $9,625 $19,325 Replace native
Abstract 2246,Travis landscaping
Texas
Lots 6&7 North Rim Replace native
20 28 T Wayne and Eileen McDilda Subd SFR Lot 0.459 19,992 $12,600 $11,290 $23,890 landscaping and
fencing
Lot 5,North Rim Replace native
19 29-32 T DC Properties Subdivision,Travis Com. 0.775 33,759 $60,000 $8,000 $68,000 landscaping
County,Texas
Lot 1,North Rim Replace native
18 33 T Gene&Mary J Davis Subdivision,Travis SFR Lot 0.172 7,500 $4,725 $5,625 $10,350 landscaping
County,Texas
Lot 2,North Rim Replace native
17 34 T Alvis L&Bonita Griffin Subdivision,Section 2, SFR Lot 0.136 5,933 $4,164 $4,225 $8,389 landscaping.
Travis County,Texas (Appraised value 12.03
Lot 3,North Rim Replace native
16 35 T Richard"Rick"l Stacy L Subdivision,Section 2, SFR Lot 0.112 4,898 $3,087 $5,427 $8,514 landscaping and rocks.
McColl Travis County,Texas (Appraised value 12-03
7.
Lot 4,North Rim Replace native
15 36 T Thomas&Pamela Jeter Subdivision,Section 2, SFR Lot 0.109 4,768 $3,003 $7,822 $10,825 landscaping and
Travis County,Texas fencing. (Appraised
value 12-03-071
Lot
- -
Lot 5,North Rim Replace native
14 37 T Franklin&Joan W Crane Subdivision,Section 2, SFR Lot 0.109 4,768 $3,005 $3,575 $6,580 landscaping
Travis County,Texas
Lot 6,North Rim Replace native
13 38 T James P.Hood Subdivision,Section 2, SFR Lot 0.109 4,759 $2,997 $4,974 $7,971 landscaping.
Travis County,Texas (Appraised value 12.03
7.
Page 2 of 3
Lockwood,Andrews Newnsm,Inc. Regional Water Project Exhibit A
ROW Services Raw Water Lire
Trails End
Easement Property Add.Compensation Total Est.
No. Parcel No, Perm/Temp Owner Legal description Area(AC) Area(SF) Easement Value Comments
e im rovements atoll Compensation
Lot 7,North Rim
Replace native
12 39 T Bradley E.&Sherilyn G. Subdivision,Section 2, SFR Lot 0.108 4,712 $2,970 $2,686 $5,656 landscaping.
Bailey Travis County,Texas (Appraised value 12-03
Lot 1,less.080 acres,
11 40-42 T Advanced Drywall Systems, North Rim Subdivision, Com, 0.139 6,040 $13,050 $10,000 $23,050 Landscaping
Inc.Attn:William D Napier Section 2,Resub of Lot 8,
Tray's County,Texas
1142.168 acres recorded
n Vol.13085,Page 1927 0.688 perm, 29,970 perm,8,644 55'wide permanent
44 43 P&T Lookout Partners LP of Real Property Records acreage 0.198 TICE TCE $192,000 $192,000 easement
of Travis County
5.1617 acres out of the 55'wide permanent
45 51 P&T Melisa Ltd,C/O Bill Pohl Jose Igancio Sanchez Com. 0.635 perm, 27,667 perm,100,916 $428,700 $428,700.00 easement and 200'
Survey 51,Abstract 693, 2,317 TCE TCE wide TCE
Travis County,Texas
Sub-Total $866,682 $212,660 $1,079,342
Contingency(40%) $431,737
Total wl $1,511,079
Contingency
Page 3 of 3
DATE: January 17, 2008
SUB]ECT: City Council Meeting - January 24, 2008
ITEM: 10C2. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement with Cedar Park and Leander Regarding Acquisition of
Easements for Construction of a Raw Water Transmission Line along
Trails End Road.
Department: Water and Wastewater Utilities
Staff Person: Michael Thane, P.E., Director of Utilities
Justification:
This Interlocal Agreement between the three Cities outlines the procedure to which the
Cities authorize Cedar Park to acquire the easements and the process in which the Cities will
participate in all costs and expenses related to the acquisition of the easements. The Cities
desire to proceed with the acquisition of temporary and permanent easements for the
construction of the raw water transmission line that begins at the lake intake and generally
follows the alignment of Trails End Road to RM 1431 and then eventually to the Regional
Water Treatment Plant.
Funding•
Cost: $582,672.06
Source of funds: Capital Project Funds (Self-Financed Utility)
Outside Resources: City of Cedar Park and City of Leander, Lockwood, Andrews,
and Newnam (LAN)
Background Information:
The Cities of Round Rock, Cedar Park, and Leander have agreed to jointly pursue a Regional
Water System that will ultimately provide an additional 105.8 million gallons per day of
potable water to meet future water demands of the Cities based on projected population
growth. All easement acquisition costs shall be shared by the Cities according to their
ultimate capacity allocation percentage in the Regional Water System. These percentages
are Round Rock (38.56%); Cedar Park (14.18%); and Leander (47.26%).
Public Comment:
Several public meetings have been conducted for the property owners that will be impacted
by the easement acquisitions and pipeline construction.
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT REGARDING ACQUISITION OF EASEMENTS FOR
CONSTRUCTION OF A RAW WATER TRANSMISSION LINE
ALONG TRAILS END ROAD
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT REGARDING ACQUISITION OF
EASEMENTS FOR CONSTRUCTION OF A RAW WATER TRANSMISSION LINE
ALONG TRAILS END ROAD ("Agreement") is entered into between the City of Round
Rock, Texas, a Texas home-rule city ("Round Rock"); the City of Cedar Park, Texas, a Texas
home-rule city ("Cedar Park"), and the City of Leander, Texas, a Texas home-rule city
("Leander"). In this Agreement, Round Rock, Cedar Park and Leander are sometimes
individually referred to as" Party" and collectively referred to as "Parties".
Recitals
WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander
necessitates the development of additional water treatment capacity for each of these
communities;
WHEREAS, the Parties have agreed to jointly pursue a regional water supply system
that will ultimately provide treatment capacity for an additional 105.8 million gallons per day of
potable water supply to meet future water demands of the Parties based on projected population
growth;
WHERES, as an integral part of the Regional Project, the Parties desire to proceed with
the acquisition of temporary and permanent easements for the construction of a raw water
transmission line generally following the alignment of Trails End Road located in Travis County,
Texas, and more particularly described in Exhibit A(the"Easements");
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions
pursuant to which the Parties authorize Cedar Park to acquire the Easements and pursuant to
which the Parties will participate in all costs and expenses related thereto.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement,the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
�--- a-2t-
Page 1 of 9
1.01 "Agreement" means this Interlocal Agreement Regarding Acquisition of Easements for
Construction of a Raw Water Transmission Line Along Trails End Road.
1.02 "BCRUA" means the Brushy Creek Regional Utility Authority.
1.03 "Cedar Park"means the City of Cedar Park, Texas.
1.04 "City Managers Committee" means the committee consisting of the City Managers for
Cedar Park,Leander, and Round Rock.
1.05 "Cost Allocation Percentage" means the percentage of Easement Acquisition Costs to be
paid by each Party. The Cost Allocation Percentage for each Parry is as follows:
Cedar Park: 14.18%
Leander: 47.26%
Round Rock 38.56%
1.06 "Design & Oversight Committee" or "D.O. Committee" means the engineering
representative(s) selected by each Party for purposes of overseeing the Regional Project in
accordance with the PER and the Project Schedule.
1.07 "Easement(s)" mean the easement(s), individually or collectively, identified by type
(temporary or permanent)on the tracts of real property identified on Exhibit A.
1.08 "Easement Acquisition Contract(s)" means any contract(s) for the acquisition of an
easement, whether temporary or permanent, on the tracts of real property identified on Exhibit A.
1.09 "Easement Acquisition Costs" means all costs and expenses incurred by Cedar Park to
acquire the easements made the basis of this Agreement. "Easement Acquisition Costs" include,
but are not limited to, the Total Estimated Compensation for each easement as set forth on
Exhibit A plus a contingency of forty percent (40%). Each Party shall bear its share of the
Easement Acquisition Costs in accordance with the Cost Allocation Percentage set forth herein.
1.10 "Effective Date" means the last date of execution of this Agreement by the Parties;
provided all of the Parties must execute this Agreement for it to be effective.
1.11 "Leander" means the City of Leander, Texas.
1.12 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or
collectively, as applicable.
1.13 "PDR" means the "Preliminary Design Report for the Brushy Creek Regional Water
Supply Project—Phase 1 Raw Water Facilities, Floating Intake&Raw Water Pipeline" prepared
by Carter&Burgess, Inc. in conjunction with HDR Engineering, Inc. and dated October 2007
1.14 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared
by HDR Engineering, Inc. and dated November 2006.
Page 2 of 9
1.15 "Project Schedule" means the schedule for the completion of the Regional Project as set
forth in the PER and further refined in the PDR.
1.16 "Regional Project" means the regional water supply system, which will ultimately
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of the Parties, based on projected population growth, as more fully described in the
PER and further refined in the PDR.
1.17 "Round Rock"means the City of Round Rock, Texas.
U.
EASEMENT ACQUISITION CONTRACTS
2.01 Easement Acquisition.
(a) In accordance with the PER and the PDR, the Parties expect to acquire the
Easements for the purpose of constructing a raw water transmission line. The raw water
transmission line will be an integral part of the Regional Project. The Estimated Total
Compensation to be paid for each Easement is set forth on Exhibit A. However, the Parties
acknowledge that the Estimated Total Compensation is an estimate and may not reflect the
compensation actually paid to acquire each Easement.
(b) Leander and Round Rock agree and hereby authorize Cedar Park to acquire the
Easements shown on Exhibit A, either by (i) entering into one or more Easement Acquisition
Contracts for the Easements or(ii) duly exercising its eminent domain authority to acquire one or
more of the Easements if the exercise of such authority is necessary. Leander and Round Rock
agree that Cedar Park shall acquire the Easements in its name on the condition that Cedar Park
shall acquire the Easements for the benefit of the Parties in the proportionate shares set forth in
the PER and the PDR and for use as planned in the Regional Project. Leander and Round Rock
agree that Cedar Park shall have sole responsibility and authority to oversee and administer the
acquisition of the Easements on the condition that Cedar Park shall acquire the Easements for the
benefit of the Parties in the proportionate shares set forth in the PER and the PDR and for use as
planned in the Regional Project. However, Cedar Park shall not enter into, modify, or amend an
Easement Acquisition Contract to provide for a purchase price for an Easement in excess of the
Total Estimated Compensation for such Easement set forth on Exhibit A plus a contingency of
forty percent (40%).
III.
PAYMENT OF EASEMENT ACQUISITION COSTS.
3.01 Payment of Easement Acquisition Costs.
(a) All Easement Acquisition Costs shall be shared by the Parties according to the
Cost Allocation Percentages.
(b) Each Party shall pay its share of the Easement Acquisition Costs at or before the
closing for each Easement to be acquired hereunder or at such other time as Cedar Park may
Page 3 of 9
reasonably designate. Leander and Round Rock shall promptly pay their respective shares to
Cedar Park or to a title company as directed by Cedar Park from time to time.
(c) After closing, the Parties shall unanimously determine whether Cedar Park (i)
shall deliver to each Party its undivided interest in each Easement in accordance with the PER
and the PDR or(ii) shall convey title to each tract to BCRUA.
(d) In the event of any dispute among the Parties, the Parties agree that the City
Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as
possible so as not to jeopardize the acquisition of any Easement or the completion of the
Regional Project in accordance with the Project Schedule. If the City Managers Committee is
unable to resolve a dispute after reasonable and good faith efforts, then the dispute shall be
referred to the Parties' respective City Councils, who shall promptly, diligently, and in good faith
attempt to resolve the dispute as quickly as possible in order to minimize any disruption to the
acquisition schedule or the completion of the Regional Project in accordance with the Project
Schedule. The Parties agree that time is of the essence in this matter.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement shall not be affected and this Agreement shall be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement shall be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the sharing of costs for the acquisition of
real property for a regional water treatment plant site and supersedes all prior or
contemporaneous understandings or representations, whether oral or written, regarding the
subject matter. The Parties confirm that further agreements regarding the Regional Project are
contemplated and shall not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
Page 4 of 9
4.08 Notices. Any notices given under this Agreement shall be effective if(i) forwarded to a
Parry by hand-delivery; (ii) transmitted to a Party by confirmed teleco
py; or (iii) deposited the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below:�nth
CEDAR PARK: 600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Brenda Eivens
Telephone: (512)401-5020
Facsimile: (512)401-5021
Email: robertscci.cedar-park tx us
with copy to: Leonard B. Smith
P.O. Box 684633
Austin, Texas 78768
Telephone: (512)474-6707
Facsimile: (512)474-6706
Email: lsmith rgleonardsmithlaw com
ROUND ROCK: 221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512)218-5410
Facsimile:(512)218-7097
Email: jnuse@round-rock.tx.us
with copy to: Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512)255-8986
Email: slsheetsasheets-crossfield.com
Leander: P.O. Box 319
Leander, Texas 78646-0319
Attn: Wayne Watts
Telephone: (512)259-1178
Facsimile: (512)259-1605
Email: w.watts@ci.leander.tx.us
with copy to: Diana Granger
223 W. Anderson Lane, Suite A-105
Austin, Texas 78752
Telephone: (512) 323-5778
Telecopy: (512) 323-5773
Email: attomeys@cityattot-ney-texas.com
Page 5 of 9
4.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Exhibits. The following exhibit is attached to this Agreement and incorporated herein by
reference:
Exhibit A: Regional Water Project, Raw Water Line, Trails End (Pages 1 —3)
prepared by Lockwood Andrews Newnam, Inc.
4.11 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
4.12 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
SIGNATURES APPEAR ON FOLLOWING PAGES.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
Page 6 of 9
CITY OF ROUND ROCK:
ATTEST:
By:
C , City Secretary ell Mayor
L . VJ -e Date: l-?A-ya
Page 7 of 9
CITY OF CEDAR PARK:
ATTEST:
-e c By:
LeAnn Quinn, City Secretary —� Bob Lemon, Mayor .�
Date: 0
Page 8 of 9
CITY OF LEANDER:
ATTEST:
By:
e bie Haile, City Secretary John C man, Mayor
Date:
Page 9 of 9