R-2017-4595 - 7/13/2017 RESOLUTION NO. R-2017-4595
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 regarding the design costs for the extension of Kenney Fort Boulevard from its
current southern terminus to SH 455 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 Between Williamson County and City of Round Rock, 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 13th day of July, 2017.
CRAI MORG , Mayor
City of Round Rock, Texas
ATTEST:
%& L-. gff*,
SARA L. WHITE, City Clerk
0112.1704;00381232
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EXHIBIT
INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK i
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Interlocal Agreement (the "Agreement") is entered into as of this
day of ' 2015, 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 (the "City") (collectively,the "Parties").
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 and the County desire to cooperate in the extension of
Kenney Fort Boulevard from its current southern terminus to SH 45 (the "Project", as
shown on Exhibit"A", attached hereto).
WHEREAS, the County desires to co-operate with the City by sharing in some of
the design costs for the Project'
Now therefore, in consideration of the mutual covenants and agreements herein
contained,the City and the County agree as follows:
A.
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TERMS AND CONDITIONS
1. Proiect Improvement.
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1.1 The Road Improvements. The Project improvements shall consist of the
extension of Kenney Fort Boulevard from its current southern terminus to SH 45
The Road Improvements shall also include all engineering, legal, financing,
construction or other expenses incident to the improvement of the Project.
1.2 Obligation of the City. The City shall be responsible for the planning,
design, right-of-way acquisition, utility relocation and construction of all Road
Improvements, as well as all other costs related to the Project. The City shall
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complete design of the Project within two (2) years from the date of execution of
this Agreement.
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1.3 Obligation of the County. The County shall reimburse to the City a sum
up to and not to exceed One Million Five Hundred Thousand ($1,500,000) for the
County's shared costs toward the planning and design of the Project.
Upon the City's approval of each invoice for Projects Costs,the City will transmit
a copy of the invoice to the County. Each invoice shall identify all Projects Costs
incurred by the City relating to the Project. Each invoice submitted by the City for
reimbursement will clearly describe the work done for which reimbursement is
sought, will not seek reimbursement or payment for any costs or expenses other
than Projects Costs. Upon request of the County, the City agrees to make
available documentation in reasonable detail evidencing all Projects Costs for
which reimbursement is sought. Upon timely receipt, proper documentation and
approval of each invoice, County shall make a good faith effort to pay the amount
which is due and payable within thirty (30) days of the County Auditor's receipt.
Payment not mailed within 30 calendar days of receipt by the County Auditor
will accrue interest at the rate set forth in Government Code Section 2251.025(b).
The City agrees that the funds provided pursuant to this Agreement are to be
utilized solely for the Project. The City agrees to make available to the County
any and all documentation required by the County to verify that said sum has been
utilized solely for the Project.
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B.
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.
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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.
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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
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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.
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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.
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.
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13. Entire Agreement. This Agreement, including any attached exhibits, contains i
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 the planning and design
for the Project has not been completed by the City within two (2) years after this
Agreement is executed by both parties.
15. No Joint Venture. This Agreement shall not constitute a joint venture between
the parties.
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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:
Attest:
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Nancy Riste my Clerk.
CITY OF ROUND ROCK, TEXAS
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By:
,Alan McGaw, Mayor
Date:
Attest:
Sana White, City Clerk
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