R-2023-005 - 1/12/2023 RESOLUTION NO. R-2023-005
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 cost sharing and issues related to the Widening of CR 112 (FM 460/AW
Grimes to CR 117) 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 Regarding the Design and
Construction of the Widening of CR 112 (FM 1460/AW Grimes to CR 117), 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 12th day of January, 2023.
CRAIGtollund
ORG , Mayor
City of ocI Texas
ATTEST:
IE�AGAN S KS, Cit Clerk
0112.20222;4856-5677-9335
EXHIBIT
INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND THE CITY
OF ROUND ROCK,TEXAS REGARDING THE DESIGN AND CONSTRUCTION
OF THE WIDENING OF CR 112 (FM 1460/AW GRIMES TO CR 117)
THIS INTERLOCAL AGREEMENT is made and entered into effective this day of
, 2022, 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 parties desire to equally share costs related to the preliminary design and
construction of the widening of CR 112 (the "Project") from FM 1460 to AW Grimes/CR 117, in Round
Rock,Texas,at the location shown on Exhibit"A";
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 pay to the City,pursuant to the conditions stated herein,fifty(50%)percent
all Project Costs, up to and no more than Seven Million Nine Hundred Ninety-Three Thousand
Five Hundred and No/100 ($7,993,500) (the "County Reimbursements"). Project Costs include
preliminary and final design, right-of-way acquisition, environmental mitigation, utility
relocations (if any), construction bidding and management and all other costs related to the
construction of the Project. After City's payment of each expenditure for Project Costs, the City
will transmit a copy of said expenditure to the County,upon timely receipt,proper documentation
4857-1642-7557/ss2
and approval of each expenditure the County shall make a good faith effort to pay the amount
which is due within thirty (30)days after receipt of said payment request from the City. The City
agrees to make every effort to transmit the requests for reimbursement of expenditures to the
County in sixty(60)day intervals.
3. The City agrees to be responsible for the operation and maintenance of the Project after
completion and acceptance by the City.
4. Neither the City nor 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.
5. 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.
6. 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.
7. 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.
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8. This Agreement shall commence upon execution of this Agreement and shall end upon the
completion of the Project. If the Project has not been completed within five (5) years after the
Effective Date,the City and/or the County reserves the right to terminate this Agreement.
9. The Effective Date of this Agreement shall be on the date the last Party signs this Agreement.
10. 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.
(signatures on the following page)
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WILLIAMSON COUNTY
By:
William Gravell,Jr.,County Judge
Attest:
Nancy Rister,County Clerk
CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan, Mayor
Attest:
Meagan Spinks,City Clerk
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Exhibit A- Location of CR 112 Widening (FM 160 / AW Grimes to CR 117)
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