R-2021-234 - 9/9/2021RESOLUTION NO. R-2021-234
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 Upper
Brushy Creek Water Control and Improvement District to set forth the obligations of each party
regarding the Dam 101 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 Upper Brushy Creek Water Control and Improvement District 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 5 51, Texas Government Code, as amended.
RESOLVED this 9th day of September, 2021.
CRAIGCSRGA/1�; Mayor
City of ound Ij�ck, Texas
ATTEST:
SARA L. WHITE,, City Clerk
0112.20212; 0480355
EXHIBIT
«A»
INTERLOCAL AGREEMENT BETWEEN
UPPER BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT AND
CITY OF ROUND ROCK
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Interlocal Agreement (the "Agreement") is entered into as of this day of _
, 2021, by and between the Upper Brushy Creek Water Control and
Improvement District, a political subdivision of the State of Texas (the "District") 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, on the 6`h day of December, 2018 the parties entered into an interlocal
agreement (the "2018 Agreement") which set forth the parties' respective roles and duties
regarding the design and construction of a new dam and inundation easement capable of impeding
the flow of flood waters in the Lake Creek Basin area ("Dam 101 "); and
WHEREAS, the District and the City desire to adopt a new Interlocal Agreement (the
"2021 Agreement") based on the terms and conditions as stated herein;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the City and the District agree as follows:
0
Both Parties agree that in the event of any conflict of provisions between the 2018
Agreement and the 2021 Agreement, the provisions of the 2021 Agreement shall govern.
B.
TERMS AND CONDITIONS OF 2021 AGREEMENT
1. Project Description.
Dam 101 is an earthen dam and inundation easement, the purpose of which is to mitigate
regional flooding throughout the Lake Creek Watershed (the "Dam 101 Project"). The current
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estimated project costs, including but not limited to design, permitting, land and easement
acquisitions, and construction, are Thirty -Four Million and No/100 Dollars ($34,000,000.00).
2. District Obligations.
a. The District shall be responsible for the design, permitting, easement and land
acquisition, construction operation and maintenance of the Dam 101 Project.
b. The District shall be responsible for the design, permitting, and construction of the
stream and wetland mitigation project ("SWMP"). In addition, any required survey,
title work, recording, or other related SWMP costs shall also be paid by the District.
c. The District shall be responsible for the USACE required inspections and estimated
five (5) years of reporting for the SWMP. If the reporting period exceeds five (5) years,
the City shall then become responsible for the inspections and the reporting
requirements, provided the City has the appropriate staff. In the event the inspections
and reporting requirements require specialized skills not present within the existing
staff, the District shall either continue the inspection and reporting requirements or
enter into negotiations with the City for the District to reimburse the City for staffing
or third -party contracting costs associated with the required inspection and reporting
requirements.
3. City Obligations.
The City shall pay ten percent (l 0%) of the project costs in an amount not to exceed Three
Million Four Hundred Thousand and No/100 Dollars ($3,400,000.00) as set forth below:
a. Financial Contribution:
(i) The City shall be credited for all previous payments and financial
commitments made pursuant to the reimbursement of engineering, design and
permitting costs for the Dam 101 Project set forth in the 2018 Agreement. The
City shall continue to reimburse the District for said costs up to not to exceed
amount of Two Million and No/100 Dollars ($2,000,000.00).
(ii) The District acknowledges and agrees that staff time and associated expenses
were incurred when the City initially managed the Dam 101 Project.
b. SWMP Assistance:
(i) The City shall not require a fee or payment to execute the easements, or
similar commitments as required by USACE, for the SWMP currently
planned for the location set forth in the attached Exhibit "A" ("SWMP Site").
2.
(ii) The City agrees to commit to the long-time stewardship as required by the
USACE, including preserving the SWMP Site in its newly reestablished state
in perpetuity.
(iii) The City shall consider the channel and mitigation improvements an asset
owned by the City and eligible for maintenance funding through the Drainage
Utility.
c. Provision of Construction Water:
(i) The City shall install a water take point on the City's west transmission line
as close as practicable to the location shown in the attached Exhibit "B"
("Water Take Point"), as agreed upon by the District and City.
(ii) The City shall perform, or contract to have performed at its expense, any
modifications required for establishing a take point for construction water,
including but not limited to tap installation.
(iii) The City agrees to provide the water required for the Dam 101 Project at no
cost to the District.
All of the items in this Section 3 represent the City's total financial obligations for all of
the Dam 101 Project costs. In the event additional costs are incurred or cost escalations are
experience for the Dam 101 Project, the City shall not be responsible for any other items that are
not specifically set forth in this Section 3.
IV
MISCELLANEOUS PROVISIONS
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 wil I be governed by the Constitution and laws of the State of Texas.
3. Successors and Assi ns.
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.
G. 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 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.
4,
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. Agreement.
This 2021 Agreement shall amend only the provisions of the 2018 Agreement as set forth
herein with no other changes in terms or conditions of the 2018 Agreement.
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.
(Signatures on the following pages)
UPPER BRUSHY CREEK WATER CONTROL
AND IMPROVEMENT DIICT
Date:
Attest:
Lisa Moravitz
Approved as to Foran:
4 �cphame L. n re, District Attorney
b.
CITY OF ROUND ROCK, TEXAS
Date:
Attest:
Sara White, City Clerk
Craig Morgan, Mayor
7.
Legend
TXRAM SAR MAP
SAR 3
- 532 LF
CANDIDATE COMPENSATORY MITIGATION SITES
SAR 4
- 367 LF
DAM 101 PROJECT
�/
XXXXR 5
- 120 LF
SAR 6
- 133 LF
SAR 7
- 460 LF
N
AECOM Technical Services
Parks
9400 Amberglen Boulevard
Austin, TX 78729
UCOM
(512) 454-4797
(512) 454-8807
www.aecom.com
TBPE Reg. No. F-3580
0 200 400
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Date 6/24/2021 Project 60514934 Figure 1
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