R-2023-163 - 5/25/2023 RESOLUTION NO. R-2023-163
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 regarding the Dam 14/Meadow Lake 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 551,Texas Government Code, as amended.
RESOLVED this 25th day of May, 2023.
A X1 Z
CRAIGORGA ayor
City of ound R , Texas
ATTEST:
QMJ.&"ki f
MEAGAN S KS, Cit)/Clerk-
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it Clerkn 112.20232:4888-9553-6739
EXHIBIT
ILA UBCWCID/CORR Dam 14 "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
May , 2023, by and between the Upper Brushy Creek Water Control and
Improvement District, a political subdivision of the State of Texas("UBCWCID")and the City of
Round Rock, a Texas home-rule municipality("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,UBCWCID has determined that Dam 14 at Meadow Lake Park is in need of
rehabilitation("Dam 14 Rehabilitation Project'); and
WHEREAS,the City is the owner of Meadow Lake Park where Dam 14/Meadow Lake is
located;
WHEREAS,the City currently operates a bubbler within Dam 14/Meadow Lake; and
WHEREAS,the Dam 14 Rehabilitation Project will require the City to replace its current
bubbler from Dam 14/Meadow Lake and modify the power source for the operation of a new
aeration system;
WHEREAS, the City is in the process of constructing Fire Station No. 1 adjacent to
Meadow Lake Park and Dam 14; and
WHEREAS, the Dam 14 Rehabilitation Project will require a temporary road for access
during construction; and
WHEREAS, the Parties acknowledge that the cooperation is required for the successful
coordination of projects; and
WHEREAS,the UBCWCID and the City desire to enter into a Interlocal Agreement(the
"Agreement")based on the terms and conditions as stated herein;
ILA UBCWCID/CORK Dam 14
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained,the City and the UBCWCID agree as follows:
ARTICLE I
DESCRIPTION OF DAM 14 REHABILITATION PROJECT
1.01 The Dam 14 Rehabilitation Project will consist of repairing erosion on the
downstream slope, longitudinal cracking on the dam crest, improving auxiliary
spillway performance, and enhancing dam safety.
1.02 It is anticipated that the construction of the Dam 14 Rehabilitation Project will
commence in May of 2023.
ARTICLE II
UBCWCID'S OBLIGATIONS
2.01 UBCWCID shall, at its sole cost and expense, purchase a new bubbler and install
the new bubbler where the existing bubbler is currently located in Dam 14/Meadow
Lake, as generally shown in the attached Exhibit "A," incorporated herein by
reference for all purposes.
2.02 UBCWCID shall, at its sole cost and expense,purchase, locate, and maintain solar
panels outside of the Structure Easement of Dam 14 for the operation of the new
bubbler as a temporary power solution, as generally shown in the attached Exhibit
"A"
2.03 UBCWID shall,at its sole cost and expense,purchase and install a new compressor
cabinet for the temporary power solution, as generally shown in the attached
Exhibit"A."
2.04 UBCWCID shall, at its sole cost and expense, fence around the temporary solar
panels to protect it from vandalism.
2.05 UBCWCID shall continue to work expeditiously with the City and Oncor to
determine the best feasible electrical route to serve as a permanent power solution
for the operation of the new bubbler.
2.06 UBCWCID agrees to assist with any boring/trenching work needed for the new
agreed upon electrical route.
ARTICLE III
CITY'S OBLIGATIONS
3.01 City agrees once the temporary solar panels are operational and the new bubbler
and cabinet are installed, and a feasible permanent power solution has been
identified and agreed upon by the Parties, the City will terminate its account with
ILA UBCWCID/CORK Dam 14
Oncor for the existing meter to allow Oncor to deactivate the power lines in the
downstream side of the embankment and remove the existing power poles.
3.02 City agrees to continue to work expeditiously with UBCWCID and Oncor to
determine the best feasible electrical route to serve as a permanent power solution
for the operation of the new bubbler.
3.03 City agrees to reimburse UBCWCID for the construction of temporary road to
service the Dam 14 Rehabilitation Project in an amount not to exceed Ninety-Nine
Thousand Nine Hundred and No/100 Dollars($99,900.00),in lieu of City providing
a shared construction entrance on the Fire Station No. 1 property. UBCWCID shall
provide to City a copy of its contractor's pay application for the temporary road
prior to reimbursement.
ARTICLE IV
MISCELLANEOUS PROVISIONS
4.01 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.
4.02 Governing_Law. This Agreement will be governed by the Constitution and laws of
the State of Texas.
4.03 Succession. The assignment of this Agreement by either Party is prohibited without
the prior written consent of the other Party.
4.04 Headings. The captions and headings appearing in this Agreement are inserted
merely to facilitate reference and will have no bearing upon its interpretation.
4.05 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.
4.06 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.
4.07 Amendments. This Agreement may be amended or modified only by written
agreement duly authorized and executed by the duly authorized representatives of
the Parties.
ILA UBCWCID/CORK Dam 14
4.08 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.
4.09 Venue. All obligations of the Parties are performable in Williamson County,Texas
and venue for any action arising hereunder will be in Williamson County.
4.10 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.
4.11 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.
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)
ILA UBCWCID/CORK Dam 14
UPPER BRUSHY CREEK WATER CONTROL
AND IMPROVEMENT DISTRICT
By: U4,1 4 1(
Alysha Girard, General Manager
Date: 12 MAY 23
Attes
Lisa Moravitz
ILA UBCWCID/CORK Dam 14
CITY OF ROUND ROCK, TEXAS
By:
Craig Morgan,Mayor
Date:
Attest:
Meagan Spinks, City Clerk
ILA UBCWCID/CORR Dam 14
Exhibit "A"
General Exhibit of City of Round Rock Bubbler Relocation
PRELIMINARY EXHIBIT-Final Locations to Be Determined based on Oncor Power
Location/New Meter Placement and Field Conditions(to be agreed upon in Field)
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