Contract - Williamson County - 6/11/2015 i
INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY AND CITY OF ROUND ROCK I
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Interlocal Agreement (the "Agreement") is entered into as of this
day of 01-k, , 2015, by and between Williamson County, a political
subdivision of the State of Texas (the "County") and the City of Round Rock, a Texas
home-rule municipality (the "City") (collectively, the"Parties").
RECITALS
WHEREAS, V.T.C.A., Govenmient 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, the County and the City desire to cooperate in the expeditious
design and construction of Arterial H from the Mayfield Ranch Subdivision westward
across the Williamson County Southwest Regional Park to CR 175 ("Arterial H"), as well
as the construction and conveyance of water and wastewater lines; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained,the City and the County agree as follows:
A.
TERMS AND CONDITIONS
1. Project Improvement.
Arterial H will be designed ultimately as a four-lane, curbed and guttered arterial
roadway fiom the Mayfield Ranch Subdivision westward through the Williamson County
Southwest Regional Park to CR 175, the location of which is as shown on Exhibit "A",
attached hereto and incorporated herein(the"Project").
2. County Oblil4ations.
The County will design four lanes of the Project and construct two lanes initially
along the north side of the right-of-way. The Project will be designed and two lanes
constructed pursuant to the City's roadway design standards. All preliminary and final
designs shall be approved by the City prior to bid. County agrees to deed the Arterial H j
right-of-way to the City prior to road construction to enable the City to annex 26.8 acres
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at the intersection of proposed Arterial H and CR 175. Construction of the first two lanes
shall remain the obligation of the County. Additionally, County agrees to dedicate to City
an easement for a pressure reducing valve. Said valve will be located at the east end of
Arterial H within the Park property.
3. City Obligations.
City agrees to annex the Arterial H right-of-way as soon as practicable and to
assume operation and maintenance of Arterial H after the Project is completed and
accepted by the City. The final two lanes of Arterial H will be constructed, or cause to be
constructed, by the City when the City determines that the additional two lanes are
necessary.
4. New 16" Water Line.
The City has, or soon will, enter into a development agreement with RMD
Holdings, L.P. ("RMD") for the design and construction of an extension of a 16"
waterline to the RMD property line. The County shall allow the 16" waterline extension
to be constructed within the Arterial H right-of-way. The costs for the design and
construction of the 16" waterline will be the sole responsibility of the City and RMD
Holdings, Ltd. The County, however, will agree to include the 16" waterline as an
alternate bid item with the Arterial H construction bids. If said alternate bid item is
included in the construction contract for Arterial H, the City will pay County all costs
associated with the alternate bid item prior to award of contract.
5. Existing Water and Wastewater Lines.
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a. City agrees to accept ownership of an existing, County-owned 8" water line
running along CR 175 from FM 1431 to the southern boundary of the
Southwest Williamson County Regional Park, and to pay costs to relocate the
existing water meter to the southern boundary of the Southwest Williamson
County Regional Park, at the location and as shown on Exhibit "B", attached
hereto and incorporated herein.
b. City agrees to accept ownership of a segment of a County-owned wastewater
line as shown on Exhibit"C", attached hereto.
c. County will remain responsible for supplying water to the house on the
Palmer tract until all related contractual requirements are satisfied.
B.
MISCELLANEOUS PROVISIONS
1. 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.
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2. Governing Law. This Agreement will be governed by the Constitution and laws
of the State of Texas.
3. Successors and Assigns. 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.
6.. 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.
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. Entire Agreement. This Agreement, including any attached exhibits, contains
the entire agreement between the Parties with respect to the subject matter and
supersedes all previous communications, representations, or agreements, either
verbal or written,between the Parties with respect to such matters.
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14. Term. This Agreement shall automatically terminate if Arterial H is not
completed and accepted by the City within three (3) years after this Agreement is
executed by both parties.
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.
WILLIAMSON COUNTY
By:
Honora e an A. ttis, County Judge
Date: el
Attest:
Nancy RisteVCounty Clerk
CITY OF ROUND ROCK,TEXAS
By: i-y)
Alan McGraw, Mayor
Date: �6-l •l5
Attest: �V�.
Sara White, City Clerk
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Limits: From CR 175 to Massey Way PEam•wYrIELo ` - �., _
Proposed Inprovertents: Construct two lanes of an ultimate
four lane divided urban arterial arterial
Submitted By: City of Round Rock
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Date:4/28/2015
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