R-11-03-10-10C4 - 3/10/2011RESOLUTION NO. R -11-03-10-10C4
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 improvements to and the annexation of University Boulevard from
Sunrise Road to FM 1460, 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, 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 10th day of March, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00215783.DOC/rmc
INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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EXHIBIT
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This Interlocal Agreement (the "Agreement") is entered into as of this
day of , 2011, 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 desires to annex University Boulevard from Sunrise Road to
FM 1460 (the "Project", as shown on Exhibit "A", attached hereto) and, as a condition
of said annexation, requires the County to perform certain improvements to the Project ;
Now therefore, in consideration of the mutual covenants and agreements herein
contained, the City and the County agree as follows:
A.
TERMS AND CONDITIONS
1. Project Improvement.
1.1 The Road Improvements. The improvements to University Boulevard from
Sunrise Road to FM 1460 shall consist of all of the items listed in Exhibits `B1 -
B5", attached hereto and incorporated herein (the "Road Improvements"). The
Road Improvements shall also include all engineering, legal, financing, or other
expenses incident to the improvement of the Project.
1.2 Obligation of the County. The County shall be responsible for the
construction of all Road Improvements, as well as all other costs related to the
Project.
1.3 Design Pre -approval. Prior to conducting any work on the Project,
representatives from the City and the County shall meet and pre -approve in
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writing the scope of work for all Project Improvements. If both parties fail to
agree on the scope of work, this Agreement shall be null and void.
1.4 Obligation of the City. The City shall take all steps necessary to annex
the Project after the Road improvements are complete and accepted by the City.
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.
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
2
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.
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 the Road Improvements
are not completed and accepted by the City 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:
Date:
Honorable Dan A. Gattis, County Judge
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date:
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PI rRPOSE. PASSION. PROSPERITY
Agenda Item No. 10C4.
City Council Agenda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with
Williamson County regarding improvements to and the annexation of University
Boulevard.
Meeting Date: March 10, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Tom Word, P.E.
Chief of Public Works Operations
Item Summary:
University Boulevard between Sunrise Road and Seton Parkway is currently a county road which is bordered by the
City of Round Rock to the south and Teravista Municipal Utility District to the north and is currently maintained by
Williamson County. Development in the area has significantly increased traffic on this roadway, resulting in
numerous requests from Round Rock residents for the City to install traffic signals and increase enforcement. To
take on these safety enhancements, the City must first annex the 1.68 miles section of University Boulevard.
This section of University Boulevard is in need of significant pavement repair. Williamson County has agreed to
improve this portion of University Boulevard to acceptable city standards if the City will annex the road and agree to
take over maintenance and operation responsibilities.
Strategic Plan Relevance:
21.0 - Identify and plan for future connectivity and mobility needs and options.
30.0 - Residents, Visitors and Businesses continue to experience a high and timely level of public safety and security.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval
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 10 —'
day of Oa/VC/VI , 2011, 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 desires to annex University Boulevard from Sunrise Road to
Seton Parkway (the "Project", as shown on Exhibit "A", attached hereto) and, as a
condition of said annexation, requires the County to perform certain improvements to the
Project ;
Now therefore, in consideration of the mutual covenants and agreements herein
contained, the City and the County agree as follows:
A.
TERMS AND CONDITIONS
1. Project Improvement.
1.1 The Road Improvements. The improvements to University Boulevard from
Sunrise Road to FM 1460 shall consist of all of the items listed in Exhibits "B1 -
B5", attached hereto and incorporated herein (the "Road Improvements"). The
Road Improvements shall also include all engineering, legal, financing, or other
expenses incident to the improvement of the Project.
1.2 Obligation of the County. The County shall be responsible for the
construction of all Road Improvements, as well as all other costs related to the
Project.
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1.3 Design Pre -approval. Prior to conducting any work on the Project,
representatives from the City and the County shall meet and pre -approve in
writing the scope of work for all Project Improvements. If both parties fail to
agree on the scope of work, this Agreement shall be null and void. During
construction, the City shall be allowed to have a Construction Inspector onsite to
ensure the Project Improvements are acceptable.
1.4 Obligation of the City. The City shall take all steps necessary to annex
the Project after the Road improvements are complete and accepted by the City.
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,
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.
2
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.
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 the Road Improvements
are not completed and accepted by the City 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: f ^l r ^l
CITY OF ROUND ROCK, TEXAS
By:
Date:
Alan McGraw, Mayor
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Full Depth Pavement Repairs: 5,200 Sq.Yds.
Remove&Replace Curb and Gutter. 320 LF
Crack Sealing: 55,000 LF
Exhibit B1
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Fur Depth Pavement Repairs 5.200 Sq.Yds.
ER Remove&Replace Curb and Gutter. 320 LF
C=k Searing: $5,000 LF.
Exhibit B2
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