R-11-01-27-14B4 - 1/27/2011RESOLUTION NO. R -11-01-27-14B4
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 assumption of operation and maintenance of Smyers Lane from
Wyoming Springs Drive to RM 620, 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
Assumption of Operation and Maintenance of Smyers Lane from Wyoming Springs Drive to RM 620,
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 27th day of January, 2011.
lam-• /t/
ALAN 1GICGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Secretary
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[ EXHIBIT
A„
A„
INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND THE CITY OF
ROUND ROCK, TEXAS REGARDING THE ASSUMPTION OF OPERATION AND
MAINTENANCE OF SMYERS LANE FROM WYOMING SPRINGS DRIVE TO RM 620
THIS INTERLOCAL AGREEMENT is made and entered into effective this day of
, 2010, 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; and
WHEREAS, the County has maintained and recently upgraded Smyers Lane from Wyoming
Springs to RM 620, as shown on Exhibit "A", attached hereto (the "Project"); and
WHEREAS, the City desires to assume the maintenance and operation of the Project from the
County, and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the undersigned parties agree as follows:
I.
FINDINGS
1. Recitals. The recitals set forth above are incorporated herein for all purposes and are found by
the .parties to be true and correct. It is further found and determined that the City and the County have
authorized and approved this Agreement by resolution or order adopted by their respective bodies, and
that this agreement will be in full force and effect when approved by each party.
2. County Obligations. The County has completed certain necessary repairs to the Project to the
satisfaction of the City.
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3. City Obligations. As of the passage of this Agreement by the City, the City does hereby assume
the operation and maintenance of the Project.
II.
General and Miscellaneous
1. Prior Written Agreements. This Agreement is without regard to any and all prior written
contracts or agreements between the City and Williamson County regarding any other subject or matter,
and does not modify, amend, ratify, confirm or renew any such other prior contract or agreement between
the Parties.
2. Other Services. Nothing in this Agreement shall be deemed to create, by implication or
otherwise, any duty or responsibility of either of the Parties to undertake or not to undertake any other, or
to provide or to not provide any service, except as specifically set forth in this Agreement or in a separate
written instrument executed by both Parties. The County shall not be obligated to fund any additional
monies other than as stated herein.
3. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or
amend any legal defense available at law or in equity to either of the Parties nor to create any legal rights
or claim on behalf of any third party. Neither the City nor Williamson County waives, modifies, or alters
to any extent whatsoever the availability of the defense of governmental immunity under the laws of the
State of Texas and of the United States.
4. Amendments and Modifications. 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.
5. Severability. 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.
6. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and
construed to include any other gender, and words in the singular number shall be held to include the
plural, unless the context otherwise requires. The headings and section numbers are for convenience only
and shall not be considered in interpreting or construing this Agreement.
7. Execution in Counterparts. 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.
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
Williamson County, Texas
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Exhibit "A"
Smyers Lane
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 14B4.
City Council Agenda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with
Williamson County regarding the Assumption of Operation and Maintenance of Smyers
Lane from Wyoming Springs to RM 620.
Meeting Date: January 27, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Tom Word, P.E.
Chief Of Public Works Operations
Item Summary:
Smyers Lane between Wyoming Springs Drive and RM 620 is currently a county road which is bordered on both
sides by the City of Round Rock. Developments in the area have increased the traffic on this road, including Arbor
Place subdivision, as well as an upcoming retail development on RM 620.
Williamson County has agreed to improve this road to acceptable city standards if the City will annex the road and
take over maintenance and operations.
Strategic Plan Relevance:
2.0 Prevent neighborhood deterioration. This goal would be achieved through cross -department efforts designed to
ensure neighborhood safety, improvement of infrastructure, new maintenance codes, enhanced code enforcement,
and neighborhood involvement.
Cost:
Source of Funds:
Date of Public Hearing (if required): N/A
Recommended Action: Approval
COPY
INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND THE CITY OF
ROUND ROCK, TEXAS REGARDING THE ASSUMPTION OF OPERATION AND
MAINTENANCE OF SMYERS LANE FROM WYOMING SPRINGS DRIVE TO RM 620
THIS INTERLOCAL AGREEMENT is made and entered into effective this 2? day of
-&—Vw�
, 20($, 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; and
WHEREAS, the County has maintained and recently upgraded Smyers Lane from Wyoming
Springs to RM 620, as shown on Exhibit "A", attached hereto (the "Project"); and
WHEREAS, the City desires to assume the maintenance and operation of the Project from the
County, and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the undersigned parties agree as follows:
I.
FINDINGS
1. Recitals. The recitals set forth above are incorporated herein for all purposes and are found by
the parties to be true and correct. It is further found and determined that the City and the County have
authorized and approved this Agreement by resolution or order adopted by their respective bodies, and
that this agreement will be in full force and effect when approved by each party.
2. County Obligations. The County has completed certain necessary repairs to the Project to the
satisfaction of the City.
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COPY
3. City Obligations. As of the passage of this Agreement by the City, the City does hereby assume
the operation and maintenance of the Project.
II.
General and Miscellaneous
1. Prior Written Agreements. This Agreement is without regard to any and all prior written
contracts or agreements between the City and Williamson County regarding any other subject or matter,
and does not modify, amend, ratify, confirm or renew any such other prior contract or agreement between
the Parties.
2. Other Services. Nothing in this Agreement shall be deemed to create, by implication or
otherwise, any duty or responsibility of either of the Parties to undertake or not to undertake any other, or
to provide or to not provide any service, except as specifically set forth in this Agreement or in a separate
written instrument executed by both Parties. The County shall not be obligated to fund any additional
monies other than as stated herein.
3. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or
amend any legal defense available at law or in equity to either of the Parties nor to create any legal rights
or claim on behalf of any third party. Neither the City nor Williamson County waives, modifies, or alters
to any extent whatsoever the availability of the defense of governmental immunity under the laws of the
State of Texas and of the United States.
4. Amendments and Modifications. 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.
5. Severability. 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
COPY
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.
6. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and
construed to include any other gender, and words in the singular number shall be held to include the
plural, unless the context otherwise requires. The headings and section numbers are for convenience only
and shall not be considered in interpreting or construing this Agreement.
7. Execution in Counterparts. 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
alt signatures may not appear on the same counterpart.
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
Williamson County, Texas
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Exhibit "A"
myers Lane