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R-99-02-25-13G1 - 2/25/1999Mayor Charles Culpepper Mayor Pro-fem Robert Stbzka Caswell Members Earl M. Hairston Rick Stewart Earl Palmer Ma tma Chavez Jimmy Joseph Clay Manager Robe"! L. Bennett, Jr. Clry Attorney Stephan L Sheets CITY OF ROUND ROCK April 15,1999 Mr. James S. Miles Attorney At Law P. 0. Box 944 102 W. 3 Street Taylor, Texas 76574 Dear Mr. Miles: The Round Rock City Council approved Resolution No. R- 99- 02- 25 -13G1 at their regularly scheduled meeting on March 25, 1999. This resolution approves the Interlocal Agreement with the Brushy Creek Water Control and Improvement District Number 1 of Williamson and Milam Counties regarding a drainage study. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to contact me. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512- 218 -7097 - 1- 800-735- 2989TDD wwwci.nwnd -rock tx.us 1- 800 - 735 -2988 Voice 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 * * * * * * * * * * * * * ** -COMM. JOURNAL- * * * * * * * * * * * * * * * * * ** DATE PPR -15 -1999 * * * ** TIME 17.18 * ** P.01 MODE = MEMORY TRANSMISSION FILE NO.= 126 STN NO. COM PSBR NO. STATION NAME /TEL.NO. PAGES DURATION 001 OK S 93658411 006/006 00:03'53" -CITY OF ROUND ROCK - ***** * ** * * * * * * * * * * * * * * * * * * * * * * * * * * ** - 5122107097 - * * * ** - 5122187097- * * * * * * * ** DATE; TOTAL PAGES INCLUDING COVER SHEET 0:#I1t!d /L '4 ATTENTION DEPARTMENT COMPANY FAX #: FROM DEPARTMENT COMPANY: City of Round Rock, Texas COMMENTS: START= APR -15 17:13 END = APR -15 17:19 CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 TELEPHONE # 512 - 218 -5400 FAX # 612 - 218 -7097 TELEFAX- TRANSMISSION COVER PAGE r, r, ,II._ AO JA 1 DEPT. PHONE*: 02 lY-5404 If you are having problems receiving this fax, please call 512- 218 -5401. PPR -15 -1999 16:40 J4MES. S. MILES FACSIMILE COVER SHEET JAMES S. MILES ATTORNEY AT LAW FAX NUMBER 512- 365 -8 F.O. BOX 944 102 W. 3rd Street TAYLOR, TX 76574 TO: Christine FAX NUMBER: 218 7097 DATE: April 15, 1999 NO. OF PAGES: 6 (including cover sheet) Herewith the Interlocal Agreement which bas been duly executed by Roscoe Conoley, President, Brushy Creek WCID. I thought I had a copy g by your mayor, but don't. Please send me one. Jim 512 565 8411 P.01 If you do not receive all the pages, please call our office as soon es possible. 512 -365 -5 THE CONFIDENNTIALOANU IS INTENDEDHONLY FOR THE RECIPIENT NAMED ABOVE. YOU ARE HEREBY COMMUNICATION OTHER THAN NOTIFIED BY THE ENDED RECIPIENT DISTRIBUTION T OMMUN ISS STRICTLY PROHIBITED. IF US YOU HAVE THIS BY TELEPHONE f AND PLEASE RETURN THE ORIGINAL ME SAGE TO US AT THE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU, 512 365 8411 95% P.01 This Interlocal Agreement is made and entered into on this the day of the month of r 1999 by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipal corporation situated in Williamson County, Texas (hereinafter referred to as "Round Rock "), and the BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 1 OF WILLIAMSON AND MILAM COUNTIES, a political subdivision of the State of Texas (hereinafter referred to as "WCID "). 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, governmental functions and services include all or part of a function or service regarding public health and welfare, drainage, flood control, engineering, and other governmental functions in which the contracting parties are mutually interested; and WHEREAS, Round Rock and WCID desire to enter into an agreement regarding a drainage and flood control study; and WHEREAS, the governing body of each party finds that these undertakings are necessary for the benefit of the public, NOW THEREFORE 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. Round Rock will fund one -third (1 /3rd) of a study costing a total of $65,000.00, with Round Rock's portion not to exceed the sum of $21,666.66. Other and be entities expected to participate in the funding of said study are the Austin ll be Williamson County. Upon adequate assurance of full funding said study conducted by the engineering firm of Freese and Nichols to determine me costs of improvements to bring 46 flood control structures with WCID's jurisdiction up to hydrological adequacy as determined and defined by the Texas Natural Resource c .,H, F , i.es..e mrs\ cwu...eun K4 PPR -15 -1999 16:41 JRI'1ES_S. MILES INT =p'GR ME T 512 365 8411 1 512 565 8411 95% P. E2 P.02 Conservation Commission and in order for the WCID to consider the feasibility of levying an ad- valorem tax for such purpose. 2. Term. This Agreement shall commence on the day of the month of 1999 and shall remain in full force and effect for a period of one (1) year, and may be renewed upon the mutual written agreement of Round Rock and WCID. 3. Consideration. Round Rock and WCID agree that the division of duties and responsibilities under this Agreement constitutes adequate consideration to each party. 4. 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. 5. Termination. Either Round Rock or WCID 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. In the event of termination by Round Rock, said City shall not be entitled to recoup any funds hereunder expended to be d the firm of Frreese r & Nichols for services due contemplated to be r nde ed by such firm hereunder. 6. 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: APR -15 -1999 16:42 JRMES_5. MI LES 2 512 365 8411 512 365 8411 95% P.03 P.03 APR -15 -1999 16:42 JAMES_S. MI LES 3 512 365 8411 512 $65 8411 If to Round Rock: City of Round Rock, Texas Attention: Director of Public Works 2008 Enterprise Round Rock, Texas 78664 If to WCID: WCID No. 1 of Williamson and Milam Counties Attention: P.04 7. 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 portions of this Agreement without including any such term, provision, part, parts, or portions which may, for any reason, be hereafter declared illegal or invalid. 8. 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. WCID hereby agrees to indemnify Round Rock for any and all loss, cost and damages suffered by Round Rock and arising directly or indirectly from the negligence of WCID in the performance of this Agreement. Round Rock hereby agrees to indemnify WCID for any and all loss, cost and damages suffered by WCID and arising directly or indirectly from the negligence of Round Rock 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 Round Rock as required by the City Charter, ordinances, or any law of the State of Texas. 9. 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 95% P.04 .TAMES. SMILES 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 right or remedy accruing as a result of any future default or failure of performance. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 PPR -15 -1999 16:43 512 365 8411 4 512 365 6411 95./ P. 05 P.05 JAMES. SMILES in accordance with the laws of the State of Texas. 16. 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 the parties other than the relationship of Round Rock and WCID as those terms are understood herein. EXECUTEDon this the day of the month of 1999. CITY OF ROUND ROCK, TEXAS ATTEST: By: Charlie Culpepper, Mayor Joanne Land, City Secretary BRUSHY CREEK WATER CONTROL AND ATTEST: IMPROVEMENT DISTRICT NUMBER 1 OF WILLIAMSON AND MILAM COUNTIES APR -15 -1999 16 44 512 365 8411 5 J 1 G .56J G.4 1 1 95% P. 06 RESOLUTION NO. R- 99- 02- 25 -13G1 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 ( "Agreement ") with the Brushy Creek Water Control and Improvement District Number 1 of Williamson and Milam Counties regarding a drainage study, 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 said Agreement, a copy of same being attached hereto 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, and the Act. RESOLVED this 25th day of February 1999. ATTEST: E LAND, City Secretary ft; \ weo0 [s \nesOLUSI \R9U225O1.wPD /scg CHARLES CULPEPPER'," Mayor City of Round Rock, Texas INTERLOCAL AGREEMENT tiv This Interlocal Agreement is made and entered into on this the ` day of the month of Fei5euARy , 1999 by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipal corporation situated in Williamson County, Texas (hereinafter referred to as "Round Rock "), and the BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 1 OF WILLIAMSON AND MILAM COUNTIES, a political subdivision of the State of Texas (hereinafter referred to as "WCID "). 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, governmental functions and services include all or part of a function or service regarding public health and welfare, drainage, flood control, engineering, and other governmental functions in which the contracting parties are mutually interested; and WHEREAS, Round Rock and WCID desire to enter into an agreement regarding a drainage and flood control study; and WHEREAS, the governing body of each party finds that these undertakings are necessary for the benefit of the public, NOW THEREFORE 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. Round Rock will fund one -third (1 /3rd) of a study costing a total of $65,000.00, with Round Rock's portion not to exceed the sum of $21,666.66. Other entities expected to participate in the funding of said study are the City of Austin and Williamson County. Upon adequate assurance of full funding, said study will be conducted by the engineering firm of Freese & Nichols to determine the costs of improvements to bring 46 flood control structures with WCID's jurisdiction up to hydrological adequacy as determined and defined by the Texas Natural Resource Conservation Commission, and in order for the WCID to consider the feasibility of levying an ad valorem tax for such purpose. �C"th 2. Term. This Agreement shall commence on the AD— day of the month of f' y , 1999 and shall remain in full force and effect for a period of one (1) year, and ma'y be renewed annually upon the mutual written agreement of Round Rock and WCID. 3. Consideration. Round Rock and WCID agree that the division of duties and responsibilities under this Agreement constitutes adequate consideration to each party. C: \Te %T \WCID.WPD /jkg 1 4. 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. 5. Termination. Either Round Rock or WCID 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. In the event of termination by Round Rock, said City shall not be entitled to recoup any funds expended hereunder by Round Rock to which its share of any such sum is then due or to be due the firm of Freese & Nichols for services contemplated to be rendered by such firm hereunder. 6. 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: If to Round Rock: City of Round Rock, Texas Attention: Director of Public Works 2008 Enterprise Round Rock, Texas 78664 If to WCID: WCID No. 1 of Williamson and Milani Counties Attention: 7. 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 portions of this Agreement without including any such term, provision, part, parts, or portions which may, for any reason, be hereafter declared illegal or invalid. 8. 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 2 their activities and operations authorized under this Agreement. WCID hereby agrees to indemnify Round Rock for any and all loss, cost and damages suffered by Round Rock and arising directly or indirectly from the negligence of WCID in the performance of this Agreement. Round Rock hereby agrees to indemnify WCID for any and all loss, cost and damages suffered by WCID and arising directly or indirectly from the negligence of Round Rock 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 Round Rock as required by the City Charter, ordinances, or any law of the State of Texas. 9. 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 right or remedy accruing as a result of any future default or failure of performance. 10. 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. 11. 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. 12. 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. 13. 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 attomey's fees from the other party, which fees may be set by the court in the trial of such action or enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief which may be awarded. 14. 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. 3 15. 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. 16. 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 the parties other than the relationship of Round Rock and WCID as those terms are understood herein. CITY OF ,ROUND ROCK, TEXAS By: EXECUTED on this the �J d y of the month of reeZ(/AE , 1999. Charles Culpepper; Mayor BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 1 OF WILLIAMSON AND MILAM COUNTIES By: 4 ATTEST: ATTEST: e Land, City Secretary DATE: February 19, 1999 SUBJECT: City Council Meeting — February 25, 1999 ITEM: 13.G.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with WCID for the participation in drainage study. The upper Brushy Creek Water Control and Improvement District of Williamson and Milam Counties is charged with generating 46 flood control structures. Several of these dams have been determined to be hydologically inadequate by the Corp of Engineers. The WCID does not have sufficient funds to upgrade these dams and is undertaking a study to determine the costs of improvements. Freese and Nichols, an engineering firm, has been chosen to study the dams and prepare a report. This report will serve as the basis for a Capital Improvement Program. The financial requirements of the CIP will be presented to the voters of the watershed for their approval and to receive taxing authority. It is requested that Round Rock pay one third of the cost of the $65,000 study. Austin and Williamson County have each agreed to fund the balance. Staff recommends entering into the agreement. Staff Resource Person: Jim Nuse, Public Works Director.