R-2017-4869 - 10/26/2017 RESOLUTION NO. R-2017-4869
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 North Mays Extension Project,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 the City of Round Rock, Texas Regarding the Design and
Construction of the North Mays Extension, 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 26th day of October, 2017.
- /'
CRAI MOR , Mayor
City of Round ock, Texas
ATTEST:
9"(X. Rkvd-
SARA L. WHITE, City Clerk
0112.1704;00388059
LEXHIBIT
„A„
INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND THE CITY
OF ROUND ROCK,TEXAS REGARDING THE DESIGN AND CONSTRUCTION
OF THE NORTH MAYS EXTENSION
THIS INTERLOCAL AGREEMENT is made and entered into effective this day of
, 20175 by and between WILLIAMSON COUNTY (the "County") and the CITY OF
ROUND ROCK,TEXAS(the"City"),political subdivisions of the State of Texas.
WITNESSETH:
WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation Act,
provides that any one or more public agencies 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;
WHEREAS,the City and the County desire to construct a two-lane paved roadway known as the
North Mays Extension from Paloma Drive to Oakmont Drive, with a four lane bridge, approximately
1,220 feet long, over Chandler Branch in Round Rock, Texas (the"Interim Project"), as shown on Exhibit
"A"; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained,the undersigned parties agree as follows:
1. The City and the County have authorized and approved this Agreement by resolution or order
adopted by their respective bodies, and this agreement will be in full force and effect when
approved by each party.
2. The County agrees to construct the Interim Project as described in Exhibit "A", attached hereto
and incorporated herein.
3. The County agrees to be responsible for all costs related to: (a) the design; (b) right of way
acquisition, except any right of way being acquired by plat; (c) utility relocation, and (d)
construction of the Interim Project, as shown on Exhibit"A".
00382566.DOC
4. The County's design engineer will prepare relocation plans for City-owned water and wastewater
lines that is necessitated by conflicts with the construction of the Interim Project for approval by
the City and County.
5. The County will be responsible for the relocation of City-owned water and wastewater lines
necessitated by conflicts with the construction of the Interim Project. Construction of water and
wastewater lines will be joint bid with the roadway construction plans for the Interim Project.
6. The City will contribute credits needed for fill within the Upper Brushy Creek Water Control and
Improvement District Inundation Easement (the "Inundation Easement"). The County will not be
responsible for any mitigation payments for any fill within the Inundation Easement.
7. The City agrees to allow the County to construct the Projects within the City limits.
8. The City consents to, acknowledges and authorizes the legal right and authority of the County, if
necessary, to condemn right-of-way within the limits of the City, in relation to the Interim
Proj ect.
9. If it is necessary that the County obtain right-of-way with the limits of the City for the Interim
Project, title to the right-of-way will be acquired in the name of the County and then transferred
to the City upon completion of construction and acceptance of maintenance by the City.
10. The City agrees to be responsible for the operation and maintenance of the Project after
completion and acceptance by the City.
11. The County agrees to consult and obtain the approval of City staff regarding Project design prior
to award of a Project contract for construction.
12. Neither the City nor County waives, modifies, or alters to any extent whatsoever the availability
of the defense of governmental inu-nunity under the laws of the State of Texas and of the United
States.
13. This Agreement may not be amended or modified except in writing executed by both the City and
Williamson County,and authorized by their respective governing bodies.
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14. If any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof, but rather this entire Agreement will be construed as if not containing the
particular invalid or unenforceable provision or provisions, and the rights and obligation of the
Parties shall be construed and enforced in accordance therewith. The Parties acknowledge that if
any provision of this Agreement is determined to be invalid or unenforceable,it is their desire and
intention that such provision be reformed and construed in such a manner that it will, to the
maximum extent practicable, to give effect to the intent of this Agreement and be deemed to be
validated and enforceable.
15. This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall be considered fully executed as of the date above first written,
when all parties have executed an identical counterpart, notwithstanding that all signatures may
not appear on the same counterpart.
16. This Agreement shall commence upon execution of this Agreement and shall end upon the
completion of the Projects and acceptance of the public improvements by City.
17. This Agreement is executed to be effective on the date the last Party signs this Agreement.
18. Each Party, in the performance of this Agreement, shall act in an individual capacity and not as
agents,employees,partners,joint ventures or associates of one another. The employees or agents
of one Party shall not be deemed or construed to be the employees or agents of the other Party for
any purpose.
IN WITNESS WHEREOF, the Parties have executed and attested this Agreement by their
officers thereunto duly authorized.
WILLIAMSON COUNTY
By:
Dan A. Gattis,County Judge
3
CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan, Mayor
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