R-2015-2938 - 10/22/2015 RESOLUTION NO. R-2015-2938
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 the
City of Georgetown regarding the relocation of a concrete power pole and related overhead and
underground electric lines belonging to the City of Georgetown located at the intersection of
University Boulevard and Oakmont Boulevard,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 City of Round Rock and City of Georgetown Regarding Relocation of Concrete
Power Pole, 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 22nd day of October, 2015.
V f
AL N MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: n
- aniz, �
SARA L. WHITE, City Clerk
0112.1504;00343960
EXHIBIT
„A„
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
INTERLOCAL AGREEMENT BETWEEN CITY OF ROUND ROCK AND CITY OF
GEORGETOWN REGARDING RELOCATION OF CONCRETE POWER POLE
This Interlocal Agreement ("Agreement") is made and entered into by and between the
CITY OF ROUND ROCK, TEXAS ('Round Rock"), a home rule municipal corporation of
the State of Texas and the CITY OF GEORGETOWN ("Georgetown"), a home rule
municipal corporation of the State of Texas. Round Rock and Georgetown are
sometimes individually referred to herein as a "Party" and collectively as "the Parties".
WHEREAS, the Texas Interlocal Corporation Act allows local governments to
contract with one another to perform governmental functions and services; and
WHEREAS, Round Rock and Georgetown mutually desire to be subject to the
provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act,
specifically Sections 791.011 and 791.028 regarding contracts to perform governmental
functions and services; and
WHEREAS, the Parties each desire to cooperate in the relocation of a concrete
power pole and related overhead and underground electric lines belonging to
Georgetown located at the intersection of University Blvd. and Oakmont Blvd.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the Parties agree as follows:
1. Power Pole Location. Round Rock is in the process of widening University
Avenue, which will require the relocation of a concrete power pole and related
overhead and underground electric lines owned by Georgetown. The current
location and proposed relocation of said pole and related overhead and
underground electric lines are shown on Exhibit "A", attached hereto and
incorporated herein. The existing concrete power pole will be removed to a point
not to exceed 12" below current grade line.
2. Underground Relocation. Round Rock agrees to designate the new location for
Georgetown's underground electric primary cables as an assignment within the
proposed street ROW along University Boulevard. This assignment is within the
existing P.U.E., overlaid by new street ROW, to place new cables as shown on
Interlocal Agreement—Georgetown and Round Rock
Relocation of Concrete Power Pole
Exhibit "A". Further this assignment will be recognized by Round Rock or other
parties of interest as an assigned area in which any relocation of underground
cables will be reimbursed by requestor at 100% of the relocation cost.
3. Geo[getown Reimbursement. Round Rock agrees to remit to Georgetown as
invoiced an initial payment of$157,500, 75% of the total estimated job amount of
$210,000 within 30 days after the approval of this Agreement. This initial
remittance is to pay Georgetown all cost related to the relocation for the
engineering, procurement of materials and labor installments for the relocation of
the power pole and related overhead and underground electric lines to the
location shown on Exhibit "A". Georgetown will send a supplemental invoice to
Round Rock for the remaining actual charges within 60 days of the completion of
all relocation work. Remittance of the final supplemental invoice is expected
within 30 days of receipt.
4. Georgetown Obligation. Georgetown agrees to commence the re-location of the
concrete power pole and related overhead and underground electric lines as
soon as feasible after receipt of the initial remittance. Georgetown will coordinate
with the Round Rock prior to commencing said re-location. If the re-location costs
are less than the initial invoiced amount of $157,500, Georgetown agrees to
remit to Round Rock the remaining sum after completion of the re-location.
5. No Other Relationship. No term or provision in this Agreement is intended to
create a partnership, joint venture, or agency arrangement between the Parties.
6. No Waiver of Defenses. No Party to this Agreement waives or relinquishes any
immunity or defense on behalf of itself, its officers, employees, and agents as a
result of the execution of this Agreement and the performance of the covenants
contained within.
7. Amendment. This Agreement may be amended only by the mutual written
consent of the Parties.
8. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Texas. Venue for an action arising under this Agreement shall lie
exclusively in Williamson County.
9. Notices. All notices, demands and requests, including invoices which may be
given or which are required to be given by either Party to the other, and any
exercise of a right of termination provided by this Agreement, shall be in writing
and shall be deemed effective when: (i) personally delivered to the intended
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recipient; (ii) three (3) days after being sent, by certified or registered mail, return
receipt requested, addressed to the intended recipient at the address specified
below; (iii) delivered in person to the address set forth below for the Party to
whom the notice was given; (iv) deposited into the custody of a recognized
overnight delivery service such as Federal Express Corporation, Emery, or Lone
Star Overnight, addressed to such Party at the address specified below; or (v)
sent by facsimile, telegram or telex, provided that receipt for such facsimile,
telegram or telex is verified by the sender and followed by a notice sent in
accordance with one of the other provisions set forth above. For purposes of this
Section, the addresses of the Parties for all notices are as follows (unless
changed by similar notice in writing given by the particular person whose address
is to be changed):
City of Round Rock City of Georgetown
Attn: City Manager Attn: City Manager
221 East Main Street P.O. Box 409 or 113 E. 8th Street
Round Rock, Texas 78664 Georgetown, Texas 78627-0409
Phone: (512) 218-5565 Phone: (512) 930-3723
Fax: (512) 218-7041 Fax: (512) 930-3622
10.Force Maieure. Notwithstanding any other provisions of this Agreement to the
contrary, no failure, delay or default in performance of any obligation hereunder
shall constitute an event or default or a breach of this Agreement to the extent
that such failure to perform, delay or default arises out of causes beyond control
and without the fault or negligence of the party otherwise chargeable with failure,
delay or default, including but not limited to Acts of God, acts of public enemy,
civil war, insurrection, riots, fires, floods, explosions, theft, earthquakes, natural
disasters or other casualties, strikes or other labor troubles, which in any way
restrict the performance under this Agreement by the Parties.
11.Entire Agreement. This Agreement constitutes the entire agreement of the
Parties regarding the subject matter contained herein. The Parties may not
modify or amend this Agreement, except by written agreement approved by the
governing bodies of each Party and duly executed by both Parties.
12.Approval. This Agreement has been duly and properly approved by each Party's
governing body and constitutes a binding obligation on each Party.
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13.Assignment. Except as otherwise provided in this Agreement, a Parry may not
assign this Agreement or subcontract the performance of services without first
obtaining the written consent of the other Party.
14.Non-Appropriation and Fiscal Funding. The obligation of the Parties under this
Agreement do not constitute a general obligation or indebtedness of either Party
for which subject Party is obligated to levy, pledge, or collect any form of taxation
and such obligations may be terminated at the end of the Party's fiscal year if the
governing body of such Parry does not appropriate sufficient funds to continue
the projects provided under this Agreement.
15.Paragraph Headings. The various paragraph headings are inserted for
convenience of reference only, and shall not affect the meaning or interpretation
of this Agreement or any section thereof.
16.Dispute Resolution. If a dispute arises under this Agreement, the Parties agree
to first try and resolve the dispute by referring same to the City Managers of
Round Rock and Georgetown. Round Rock and Georgetown hereby expressly
agree that no claims or disputes between the Parties arising out of or relating to
this Agreement or a breach thereof shall be decided by any arbitration
proceeding.
17.Severability. The Parties agree that in the event any provision of this Agreement
is declared invalid by a court or competent jurisdiction that part of the Agreement
is severable and the decree shall not affect the remainder of the Agreement. The
reminder of the Agreement shall be in full force and effect.
18.Open Meetings. The Parties hereby represent and affirm that this Agreement
was adopted in an open meeting held in compliance with the Texas Open
Meetings Act (Tex. Gov. Code, Ch. 551).
19.Counterparts. This Agreement may be executed in multiple counterparts, which
taken together shall be considered one original.
20.Effective Date. This Agreement is made to be effective on the latest date
accompanying the signature lines below.
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APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held
on day of the month of , 2015 and executed by its authorized
representative.
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Round Rock, Texas
ATTEST:
Sara L. White, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, Sheets &Crossfield, P.C.
City Attorney for City of Round Rock
APPROVED by the City Council for the City of Georgetown, Texas, in its meeting held
on 2-S day of I— month, 2015 and executed by its authorized representative.
CITY OF GEORGETOWN, TEXAS
By: ( 64
Dale Ross, Mayor
Georgetown, Texas
A ST:
JVssiaBrettle, Cit Secretary
APP OVED S
ridget Chapm n
City Attorney for City of Georgetown
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