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R-95-11-09-10C - 11/9/1995DATE: February 12, 1997 TO: Christine Martinez, Administration FROM: Al Wille, P.E., RP.L.S. Asst. Director /Chief Engineer RE: Intedocal agreement with Williamson County -Road Maintenance Attached please find the above referenced agreement which is associated with Item 10 C from the City Council Agenda for the November 9, 1995. Please secure the Mayor's signature and forward the agreement to Williamson County Judge Doerfler for the County's execution of the agreement. Mr. Cary Bovey, of the City Attorneys Office, has worked with preparing and reviewing this agreement. If you have any questions please give me a call. cc: file Cary Bovey Attachment wmcongnn.212/ w CITY OF ROUND ROCK INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT hECEIVED FEB 1 41997 MEMO To: Al Wille, Public From: Cary L. Bove Subject: Interlocal Agreement with Williamson County - Road Maintenance Date: February 5, 1997 Al: L6 Enclosed is the final version of the road maintenance agreement with Williamson County. I never received a fax from the Williamson County office regarding the agreement. We need to get this to whomever you have been dealing with on this matter, and get the County's approval and signature. Please call me if you have any questions. INTERLOCAL AGREEMENT - ROAD MAINTENANCE This Interlocal Agreement is made and entered into between the City of Round Rock, Texas, a home -rule municipal corporation situated in Williamson County, Texas (hereinafter "City "), and Williamson County, Texas, a political subdivision of the State of Texas (hereinafter "County "). WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments to enter into agreements with one another to perform governmental functions and services; and WHEREAS, governmental functions and services include all or part of a function or service regarding streets, roads, and drainage; and WHEREAS, the City and County desire to enter into an agreement regarding the maintenance of County Road 170 (Louis Henna Boulevard) and Old Settler's Boulevard; and WHEREAS, entering into such an agreement will allow the parties to efficiently and effectively utilize their respective resources; and WHEREAS, the governing body of each party finds that this undertaking is necessary for the benefit of the public and that the responsibilities provided for hereunder are in the common interest of both parties hereto; Now, For and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Scope. The City will perform all necessary and appropriate maintenance on Old Settler's Boulevard, including the unimproved right -of -way, east of the intersection of Old Settler's Boulevard and Interstate Highway 35 to the point where Old Settler's Boulevard intersects with FM 1460. The County, by and through the Williamson County Road and Bridge Department, will perform all necessary and appropriate maintenance on County Road 170 (Louis Henna Boulevard), including the unimproved right -of -way, east of the intersection of CR 170 and Interstate Highway 35 to the point where CR 170 intersects with the Travis County boundary line. R: \SMAIMC.WPD /c1D 1 "Maintenance" includes, but is not limited to the erection, repair, and replacement of all traffic control devices such as signals, signs and markers, except for the traffic signal(s) and related facilities situated on CR 170; maintaining the markings on the roadway such as lane markings, pavement markers, traffic buttons, and other striping and markings; mowing and trimming the vegetation in the right -of -way; repairing potholes and all other damage to the roadway; seal coating the roadway if necessary; and keeping the roadway free from obstructions, encroachments, excavations, defects, or other unauthorized objects and activities. Nothing in this Agreement shall be construed as granting to either party any jurisdiction or authority to regulate the right -of -way on which the party is agreeing to perform routine maintenance services pursuant to this Agreement. The authority to regulate the rights -of -way subject to this Agreement shall remain with the party in whose jurisdiction the right -of -way is situated. 2. Term. This Agreement shall commence on the day of 1996, and shall remain in full force and effect for a period of one (1) year, and shall be renewed annually in the event neither party hereto gives notice prior to ninety (90) days of the anniversary date of its intention not to renew this Agreement. 3. Duties and Responsibilities. The City and the County agree that each party will provide the material and labor necessary in performing the maintenance responsibilities agreed to in this Agreement. The maintenance services performed by each party pursuant to this Agreement shall be executed in a good, substantial and workmanlike manner to the satisfaction of the other party. Each party shall comply with all applicable federal, state, and municipal laws and regulations. A party performing maintenance services pursuant to this Agreement shall furnish all traffic control devices, lights, flagmen, signals, barricades, signs, and warning devices necessary, or required by law, to warn the public of dangers in connection with the premises and /or the work being performed. The safety precautions taken shall be the sole responsibility of the party performing the work. A party performing maintenance services pursuant to this Agreement shall be liable for any damage, caused by a 2 negligent or wilful act or omission of any officer, agent, or employee of the party performing the maintenance services, to any utility facilities such as water and sewer lines, gas lines, electric lines, phone lines, cable television lines, and all other facilities located in the right -of way. A party that damages any above - described facility shall notify the owner of the facility of the damage as soon as practicable. If the damage to the facility creates an emergency situation, the party damaging the facility may take measures to correct the emergency before notifying the owner of the facility, and shall notify the owner of the facility as soon as practicable. 4. Consideration. The City and County agree that the division of duties and responsibilities provided for in this Agreement constitutes adequate consideration to each party. 5. Rights of Third Parties. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein and this Agreement shall not create any rights in any third parties not signatories hereto. 6. Termination. Either the City or County may terminate the Agreement at any time, for any reason, by ninety (90) days written notice delivered by either party to the other advising the other party of its intent to terminate the Agreement. This Agreement shall also be subject to termination upon the failure of either party to cure a default. If either party defaults in the performance of any of the terms and conditions of this Agreement, written notice of such default shall be given, and the party receiving notice shall have thirty (30) days from the date of initial notice within which to cure such default. If the defaulting party fails to cure the default within such period of time, then the non - defaulting party shall have the right without further notice to terminate this Agreement. Nothing herein shall deprive either party of any other legal remedies it may have to enforce the terms of this Agreement. 7. Notices. All notices shall be in writing and delivered to the parties at the addresses listed below. Personal hand delivery to an officer authorized to receive notices or the mailing of the notice by registered or certified mail, return receipt requested, postage prepaid, shall be sufficient service. The addresses of the parties for notice purposes shall be as follows, unless notified otherwise in writing: 3 If to the City: City of Round Rock Attention: Director of Public Works 2008 Enterprise Round Rock, Texas 78664 If to County: Williamson County Unified Road System Attention: Greg Bergeron, County Road Administrator 311 Main Street Georgetown, Texas 78626 8. Severability. If any term or provision of this Agreement is held to be illegal or invalid, such illegality or invalidity shall not affect the remaining provisions of the Agreement, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the illegal or invalid portion thereof eliminated. It is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such term, provision, part, parts, or portions which may, for any reason, be hereafter declared illegal or invalid. 9. Indemnity. Each party agrees that it and all of its agents, servants, employees and independent contractors and subcontractors will use due care and diligence in all of its or their activities and operations authorized under this Agreement. The County hereby agrees to indemnify the City for any and all loss, cost and damages suffered by the City and arising directly or indirectly from the negligence of the County in the performance of this Agreement. The City hereby agrees to indemnify the County for any and all loss, cost and damages suffered by the County and arising directly or indirectly from the negligence of the City in the performance of this Agreement. Each party will promptly forward to the other party every demand, notice, summons or other process received by the party in any claim or legal proceeding contemplated herein. Nothing in this section shall be deemed an attempt to change or modify in any manner whatsoever the method or conditions of preserving, asserting or enforcing any legal liability against the City as required by the City Charter, ordinances, or any law of the State of Texas. 10. Non - Waiver. Failure of either party hereto to insist on the strict performance of any of the provisions herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by any appropriate remedy strict compliance with any other obligation hereunder or to exercise any 4 right or remedy accruing as a result of any future default or failure of performance. 11. Acceptance and Approvals. Any acceptance or approval by either party, or its agents or employees shall not constitute nor be deemed to be a release of the responsibility and liability of the other party, its employees, agents, subcontractors, or suppliers for the accuracy, competency, quality, and completeness of any services performed pursuant to the terms and conditions of this Agreement, nor shall such acceptance or approval be deemed to be an assumption of such responsibility or liability by a party, or its agents and employees for any defect, error or omission in any services performed by the other party, its employees, agents, subcontractors, or suppliers pursuant to this Agreement. 12. Captions. The captions of this Agreement are for information purposes only and shall not in any way affect the substantive terms and conditions of this Agreement. 13. Non - assignment. This Agreement shall extend to and be binding upon the parties and their respective successors and assignees; provided, however, that the Agreement may not be assigned without the written consent of both parties. 14. Attorney's Fees. If any action at law or in equity, including any action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees from the other party, which fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief which may be awarded. 15. Conformance to Laws. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas, including all applicable constitutional provisions, statutes, charter provisions, ordinances, and resolutions. 16. Venue Venue and jurisdiction of any suit or right or cause of action arising under or in connection with this Agreement shall be exclusively in Williamson County, Texas, and any court of competent jurisdiction shall interpret this Agreement in accordance with the laws of the State of Texas. 17. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or any other third party to create the relationship of principal and agent, partnership, joint venture, or of any other association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between 5 the parties other than the relationship of City and County as those terms are understood herein. EXECUTED this day of , 1995. THE CITY OF ROUND ROCK, TEXAS WILLIAMSON COUNTY, TEXAS CHARLIE CULPEPPER, MAYOR JOHN DOERFLER, COUNTY JUDGE ATTEST: ATTEST: JOANNE LAND, CITY SECRETARY Title: 6 124 WHEREAS, the City Council has previously adopted Resolution No. R- 95- 10- 12 -13L approving the Program, and WHEREAS, an Economic Development Program Agreement has been prepared which will implement the Program, 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 the Economic Development Program Agreement with Security Capital, a copy of said Agreement being attached hereto and incorporated herein. RESOLVED this 9th day of November, 1995. ATTEST: JOANNE LAND, City Secretary MOTION: Councilman Stluka moved to approve the resolution. Councilman Stewart seconded the motion. Y9SE Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Mayor Pro -tem Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION; The motion carried unanimously. '10:C-Consider a resolution aulhoriiinr i to Mayor to enter into ii Intergovernmental) spgrecme s WiiIi Williamson County for road maintcnancc concermne Cozen v Road 170 (I:ouis) V I - - --- V'Tr: — r — rtZi 7"— rr/ :— 1 Jim Nusc made the staff presentation. Round Rock and Williamson County have several roads that span both jurisdictions. County Road 170 from the Interstate to High Country Boulevard and Old Settlers Boulevard from the Interstate to FM1460. The purpose of this agreement is to define boundaries for road maintenance. This agreement authorizes Williamson County to maintain CR 170 (Louis Henna Boulevard) and Round Rock to maintain Old Settlers Boulevard from IH -35 to FM 1460. Mayor Culpepper read the following resolution. RESOLUTION NO. November 9, 1995 CHARLES CULPEPPER, Mayor City of Round Rock, Texas WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments to enter into agreements with one another to perform govemmental functions and services; and WHEREAS, governmental Functions and services include all or part of a function or service regarding streets, roads, and drainage; and WHEREAS, the City of Round Rock desires to enter into an agreement with Williamson County regarding the maintenance of County Road 170 (Louis Henna Boulevard) and Old Settler's Boulevard; and WHEREAS, pursuant to said agreement the City of Round Rock will perform all necessary and appropriate maintenance on Old Settler's Boulevard, including the unimproved right -of -way, cast of the intersection of Old Settler's Boulevard and Interstate highway 35 to the point where Old Settler's Boulevard intersects with FM 1460; and WHEREAS, pursuant to said agreement the Williamson County Road and Bridge Department will perform all necessary and appropriate maintenance on County Road 170 (Louis Henna Boulevard), including the unimproved right -of -way, cast of the intersection of CR 170 and Interstate Highway 35 to the point where CR 170 intersects with the Travis County boundary line; and WHEREAS, entering into such an agreement allow the said parties to efficiently and effectively utilize their respective resources; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of the City of Round Rock, by the passage of this resolution, hereby authorizes the Mayor of the City of Round Rock, Texas to enter into an agreement with Williamson County regarding the maintenance of Old Settler's Boulevard and County Road 170. RESOLVED this 9th day of November, 1995. ATTEST: JOANNE LAND, City Secretary MOTION' Councilman Joseph moved to approve the resolution. Councilwoman Chavez seconded the motion. VOTE: Ayes: Councilman Stluka Councilman Morgan Councilman Stewart Mayor Pro -tem Palmer Councilwoman Chavez Councilman Joseph Mayor Culpepper Noes: None ACTION; The motion carried unanimously. 10 D Consider a resolution turthprizinr the closing of Main Street between Mays Street and Sheppard Street for Christmas Family Night, Sharon Prctc made the staff presentation. The Parks and Recreation Department requested that Main Street between Mays and Sheppard be closed Friday, December 8, 1995 from 4:00 p.m. to midnight for Christmas Family Night. All Main Street businesses have been notified and none have objected. Mayor Culpepper read the following resolution. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of Round Rock has requested that Main Street between Mays Street and Sheppard Street be closed from 4:00 o'clock p.m. until 12:00 o'clock midnight on December 8, 1995 for Christmas Family Night, and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Main Street between Mays Street and Sheppard Street be closed from 4:00 o'clock p.m. until 12:00 o'clock midnight on December 8, 1995 for Christmas Family Night. RESOLVED this 9th day of November, 1995. ATTEST: JOANNE LAND, City Secretary MOTION• Councilman Stewart moved to approve the resolution. Councilman Joseph seconded the motion. VOTE; November 9, 1995 Ayes: Councilman Stluka Councilman Morgan CHARLES CULPEPPER, Mayor City of Round Rock, Texas CHARLES CULPEPPER, Mayor City of Round Rock, Texas 125 R: \RESOLUTI \RS51109C.WPU /clb RESOLUTION NO. R- 95- 11- 09 -10C WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments to enter into agreements with one another to perform governmental functions and services; and WHEREAS, governmental functions and services include all or part of a function or service regarding streets, roads, and drainage; and WHEREAS, the City of Round Rock desires to enter into an agreement with Williamson County regarding the maintenance of County Road 170 (Louis Henna Boulevard) and Old Settler's Boulevard; and WHEREAS, pursuant to said agreement the City of Round Rock will perform all necessary and appropriate maintenance on Old Settler's Boulevard, including the unimproved right -of -way, east of the intersection of Old Settler's Boulevard and Interstate Highway 35 to the point where Old Settler's Boulevard intersects with FM 1460; and WHEREAS, pursuant to said agreement the Williamson County Road and Bridge Department will perform all necessary and appropriate maintenance on County Road 170 (Louis Henna Boulevard), including the unimproved right -of -way, east of the intersection of CR 170 and Interstate Highway 35 to the point where CR 170 intersects with the Travis County boundary line; and WHEREAS, entering into such an agreement allow the said parties to efficiently and effectively utilize their respective resources; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of the City of Round Rock, by the passage of this resolution, hereby authorizes the Mayor of the City of Round Rock, Texas to enter into an agreement with Williamson County regarding the maintenance of Old Settler's Boulevard and County Road 170. RESOLVED this 9th day of November, 1995. ATTEST: E LAND, City Secretary CHARLES C FI PER, Mayor City of Round Rock, Texas 2. DATE: November 6, 1995 SUBJECT: City Council Meeting, November 9, 1995 ITEM: 10C. Consider a resolution authorizing the Mayor to enter into an Intergovernmental agreement with Williamson County for road maintenance conceming CR 170 (Louis Henna Boulevard) and Old Settlers Boulevard. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Round Rock and Williamson County have several roads that span both jurisdictions. The purpose of this agreement is to define boundaries for road maintenance. This agreement authorizes Williamson County to maintain CR 170 (Louis Henna Blvd.) and Round Rock to maintain Old Settlers Blvd. from IH -35 to FM 1460. Mayor Charles Culpepper Mayor Pro -tem Earl Palmer Council Members Robert Sttuka Rod Morgan Rick Stewart Martha Chavez Jtm,nv Joseph City Manager Robert L Bennett. Jr. City Attorney Stephan L Sheets November 15, 1995 THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 Mr. Greg Bergeron County Road Administrator Williamson County Unified Road System 311 Main Street Georgetown, TX 78626 Dear Mr. Bergeron: Resolution No. R- 95- 11- 09 -10C was approved by the Round Rock City Council on November 9, 1995. Enclosed is a copy of the resolution for your files. If you have any questions, please do not hesitate to call. Sincerely, Enclosure(s) Joanne Land Assistant City Manager/ City Secretary Fax 512- 255 -6676 1- 800 - 735 -2989 (TDD) 1.800.735.2988 (Votce) 1 VOL Oa f%BE AGENDA ITEM 6 29 November 6 1 995 • • Note participation of Commissioner Mehevec's first cousin throuah marriage as one of the bidders for Round Rock annex expansion (Central Texan Tilt wall Inc.). Moved: Commissioner Hays Seconded: Commissioner Heiligenstein Motion: To note participation of Commissioner Mehevec'a first cousin through marriage as one of the bidders for Round Rock annex expansion (Central Texas Tilt wall, Inc.). Vote: Motion carried 5 - 0 AGENDA ITEM N 30 November 6. 1995 • piacuae and take any appropriate action on Mr. Delfino Rrvan property in precinct 84. Moved: Commissioner Heiligenatein Seconded: Commissioner Boatright Motion: To grant variance on Delfino Bryan property in Precinct N4. Vote: Motion carried 4 - 1 with Commissioner Mehevec voting against the motion. AGENDA ITEM 8 33, November 6. 1995 • Consider approval of intergovernmental agreement between Williamson County and City of Round Rock for purpose of shared maintenance on County Road 170 (Louis Henna Boulevard) and Old Settlers Parkway. Moved: Commissioner Boatright Seconded: Commissioner Heiligenatein Motion: To approve intergovernmental agreement between Williamson County and City of Round Rock for purpose of shared maintenance on County Road 170 (Louis Henna Boulevard) and Old Settlers Parkway. Vote: Motion carried 5 - 0 c Clerk copy here > See Volume 77, pages 873 O 874 for Resolution No. R- 95- 11- 09 -10C signed by City of Round Rock on November 9, 1995. • 03/12/00 13:16 FAX The City of Round Rock, Texas wishes to enter into an Intergovernmental Agreement with Williamson County for road maintenance. The City of Round Rock agrees to provide maintenance on Old Settlers Parkway, from IH 35 east to FM 1460, including the County's portion. In return, the Williamson County Road & Bridge Department will maintain CR 170, from IH 35 east to the Travis County line, including the City's portion. Dated this day of ove i ey , 1995. 4 ... Charles Culpepper, Mayor City of Round Rock INTERGOVERNMENTAL AGREEMENT OV L U�palt;i555 Approved by the Williamson County Commissoners' Court on the ...reL day of 1\1O)€Jn6e.12J , 1995. hn C. Doerfler, liamson Cou County Judge col uvswtvn\ueuow.V1O /w RESOLUTION NO. R- 95- 11- 09 -10C VOL()! INGi8(3 See action taken on November 6, 1995, Agenda Item 931 recorded in Volume 77, pages554 555. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments to enter into agreements with one another to perform governmental functions and services; and WHEREAS, governmental functions and services include all or part of a function or service regarding streets, roads, and drainage; and WHEREAS, the City of Round Rock desires to enter into an agreement with Williamson County regarding the maintenance of County Road 170 (Louis Henna Boulevard) and Old Settler's Boulevard; and WHEREAS, pursuant to said agreement the City of Round Rock will perform all necessary and appropriate maintenance on Old Settler's Boulevard, including the unimproved right -of -way, east of 'the intersection of Old Settler's Boulevard and Interstate Highway 35 to the point where Old Settler's Boulevard intersects with FM 1460; and WHEREAS, pursuant to said agreement the Williamson County Road and Bridge Department will perform all necessary and appropriate maintenance on County Road 170 (Louis Henna Boulevard), including the unimproved right -of -way, east of the intersection of CR 170 and Interstate Highway ,35 : to the point, where CR 170, intersects with the Travis County boundary line; and VOL Vl17/PAU874 WHEREAS, entering into such an agreement allow the said parties to efficiently and effectively utilize their respective resources; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of the City of Round Rock, by the passage of this resolution, hereby authorizes the Mayor of the City of Round Rock, Texas to enter into an agreement with Williamson County regarding the maintenance of Old Settler's Boulevard and County Road 170. RESOLVED this 9th day of November, 1995. ATTEST: 1 LAND, C ty Secretary 2. Y GREG BERGERON COUNTY ROAD ADMINISTRATOR October 27, 1995 Jim Nuse, Public Works Director City of Round Rock 221 East Main St. Round Rock, Tx. 78664 Dear Jim: Attached you will find two copies of an Intergovernmental Agreement between Round Rock and Williamson County. This agreement covers the two roads in the Round Rock area that we are presently sharing maintenance on - CR 170 (Louis Henna Blvd.) and Old Settlers Parkway. Please review the agreement when you get a chance. If it is acceptable please have the Mayor, sign both copies. I will then submit them to Commissioners Court for approval and return one copy to you. Thanks for your cooperation. If you have any questions or comments please feel free to contact me. Sincerely. Greg Bergeron Williamson County U.R.S. cc: County Judge County Commissioners Williamson County Unified Road System 311 Main Street Georgetown, Texas 78626 Telephone (512) 930 -3330 Fax (512) 930 -3335 I