R-2016-3250 - 2/25/2016RESOLUTION NO. R-2016-3250
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
Williamson County regarding the replacement of a traffic signal and related improvements at the
intersection of CR 110 and University 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 Williamson County 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 February, 2016.
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Clerk
011?. 1604; 00351903
EXHIBIT
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INTERLOCAL AGREEMENT BETWEEN
WILLIAMSON COUNTY 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 , 2016, by and between Williamson County, Texas, a
political subdivision of the State of Texas (the "District") and the City of Round Rock, a
Texas home -rule municipality (the "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, the District and the City desire to cooperate in the replacement of a
traffic signal and related improvements at the intersection of CR 110 and University
Boulevard (the "Project"); and
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the City and the District agree as follows:
A.
TERMS AND CONDITIONS
1. Proiect Improvement.
The Project entails the replacement of an existing flashing traffic signal with a
standard traffic signal and restriping. The approximate location of the Project
improvements are shown on Exhibit "A", attached hereto and incorporated herein.
2. County Obligations.
The County shall be responsible for the design, right-of-way, utility relocation,
and construction of the Project, including replacement of the traffic signal, minor
construction, and restriping roads where necessary.
3. City Obligations.
After project completion, the City will own, operate and maintain the Project
improvements.
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4. Proiect Funding.
a. The County shall be solely responsible for all costs associated with design and
construction of the Project.
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.
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.
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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.
14. Term.
This Agreement shall automatically terminate if a construction contract is not
awarded for the Project within four (4) 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.
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WILLIAMSON COUNTY, TEXAS
Dan A. Gattis, County Judge
Date:
CITY OF ROUND ROCK, TEXAS
Alan McGraw, Mayor
Date:
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