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R-13-06-13-G11 - 6/13/2013RESOLUTION NO. R -13-06-13-G11 WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement ("Agreement") with Williamson County for the purpose of identifying the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction of the City, and WHEREAS, the City now desires to enter into a Second Amendment to the Interlocal Agreement with Williamson County to include additional acreage, and said additional acreage shall be within the County's exclusive jurisdiction, 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 Second Amendment to Interlocal Agreement with Williamson County, 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 13th day of June, 2013. City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0:4dox\SCCInt s\0I 12\ 1304\MUNICIPAL\00276114. DOC/rmc EXHIBIT „A„ SECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS SECOND AMENDMENT TO AN INTERLOCAL AGREEMENT ("Second Amendment") is entered into and in accordance with the provisions of the Interlocal Cooperation Act, Chapter 791 Texas Government Code and House Bill 1445 ("HB 1445"), now codified in Sec. 242.001(c) Texas Local Government Code between the CITY OF ROUND ROCK, TEXAS ("City") , a Texas Home Rule municipality of the State of Texas, and the COUNTY OF WILLIAMSON, TEXAS ("County"), a political subdivision of the State of Texas. WHEREAS, on the 24th day of October, 2002, in Resolution No. R -02-10-24-11D1, the City approved an Interlocal Agreement ("Interlocal Agreement") with the County for the purpose of identifying the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction ("ETP) of the City; and WHEREAS, on the 17th day of December, 2002, the County approved the same Interlocal Agreement; and WHEREAS, on the 13th day of April, 2006 the City and on the 18th day of April 18, 2006 the County approved an Amendment ( the "2006 Amendment") to Interlocal Agreement which amended the Interlocal Agreement to add additional acreage to be within the County's exclusive jurisdiction; and WHEREAS, the City and the County now desire to amend the Interlocal Agreement and the 2006 Amendment to include additional acreage, as described in Exhibit "A", attached hereto and incorporated herein, so that said additional acreage shall be within the County's exclusive jurisdiction, as described herein. NOW THEREFORE, it is agreed by the City of Round Rock, Texas, and Williamson County, Texas, that the Interlocal Agreement and the 2006 Amendment between the City of Round Rock and Williamson County, as described above, shall be amended as follows: The Interlocal Agreement and the 2006 Amendment are hereby amended to include the additional acreage as described in Exhibit "A" herein. Therefore, the County shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits pertaining to said properties and the City shall not exercise any of these functions related to said properties. 2. All other provisions of the Interlocal Agreement and 2006 Amendment shall remain in full force and effect. 273960 3. Miscellaneous. a. This Second Amendment expresses the entire agreement between the parties hereto regarding the subject matter contained herein and may not be modified or amended except by written agreement duly executed by both parties. Either party may request to renegotiate this Second Amendment or the Interlocal Agreement at anytime. b. This Second Amendment has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. C. This Second Amendment shall be constructed in accordance with the laws of the State of Texas and venue for all purposes hereunder shall be in Williamson County, Texas. d. If any provision hereof is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be fully severable here to from and this Second Amendment shall be constructed and enforced, as if such invalid, illegal or unenforceable provision never comprised a part hereof; and the remaining provisions shall continue in full force and effect. e. This Second Amendment is not intended to extend the liability of the parties beyond that provided by law. Neither City nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. f. This Second Amendment shall be effective as of the day of , 2013. g. This Second Amendment shall be subject to review and revision one year after approval by the parties. (SIGNATURES ON FOLLOWING PAGES) 2 APPROVED BY THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, TEXAS, in its meeting held on day of 2013, and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS ALAN McGRAW, Mayor ATTEST: SARA WHITE, City Clerk APPROVED BY THE COMMISSIONS' COURT FOR WILLIAMSON COUNTY, TEXAS, in its meeting held on the day of 2013, and executed by its authorized representative. WILLIAMSON COUNTY ATTEST: M In Dan Gattis, Sr. County Judge EXHIBIT "A" TO THE SECOND AMENDMENT TO INTERLOCAL AGREEMENT Jurisdiction over the platting and subdivision of the following lands which lie within the City of Round Rock ETJ and also located within Williamson County, Texas shall be granted to Williamson County: 1. All lands located within Paloma Lake Municipal Utility District No. 1; 2. All lands located within Paloma Lake Municipal Utility District No. 2; 3. All lands located within Siena Municipal Utility District No. 1; and 4. All lands located within Siena Municipal Utility District No. 2. City of Round Rock RWND ROCK IEXAS nnwg moron nroirum Agenda Item Summary Agenda Number: G.11 Title: Consider a resolution authorizing the Mayor to execute the Second Amendment to Interlocal Agreement with Williamson County to add acreage to the County's exclusive jurisdiction. Type: Resolution Governing Body: City Council Agenda Date: 6/13/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $0.00 Indexes: Attachments: Resolution, Exhibit A Text of Legislative File 13-405 In October 2002, the City approved an Interlocal Agreement required by and in accordance with the provisions of the Interlocal Cooperation Act, Chapter 791 Texas Government Code and House Bill 1445 with the County. The purpose of this Interlocal Agreement was to identify the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction of the City. In April 2006, the City and County amended the Interlocal Agreement to add additional acreage to be within the County's exclusive jurisdiction. The City and County now desire to amend the Interlocal Agreement again to include additional acreage which includes the Paloma Lake and Siena Municipal Utility Districts. Staff recommends approval. City of Round Rock Page 1 Printed on 81/2013 COPY SECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS SECOND AMENDMENT TO AN INTERLOCAL AGREEMENT ("Second Amendment") is entered into and in accordance with the provisions of the Interlocal Cooperation Act, Chapter 791 Texas Government Code and House Bill 1445 ("HB 1445"), now codified in Sec. 242.001(c) Texas Local Govermnent Code between the CITY OF ROUND ROCK, TEXAS ('*City") , a Texas Home Rule municipality of the State of Texas, and the COUNTY OF WILLIAMSON, TEXAS ("County"), a political subdivision of the State of Texas. WHEREAS, on the 24th day of October, 2002, in Resolution No. R -02-10-24-11D1, the City approved an Interlocal Agreement ("Interlocal Agreement") with the County for the purpose of identifying the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction ("ETP) of the City; and WHEREAS, on the 17th day of December, 2002, the County approved the same Interlocal Agreement; and WHEREAS, on the 13th day of April, 2006 the City and on the 18th day of April 18, 2006 the County approved an Amendment ( the "2006 Amendment") to Interlocal Agreement which amended the Interlocal Agreement to add additional acreage to be within the County's exclusive jurisdiction; and WHEREAS, the City and the County now desire to amend the Interlocal Agreement and the 2006 Amendment to include additional acreage, as described in Exhibit "A", attached hereto and incorporated herein, so that said additional acreage shall be within the County's exclusive jurisdiction, as described herein. NOW THEREFORE, it is agreed by the City of Round Rock, Texas, and Williamson County, Texas, that the Interlocal Agreement and the 2006 Amendment between the City of Round Rock and Williamson County, as described above, shall be amended as follows: 1. The Interlocal Agreement and the 2006 Amendment are hereby amended to include the additional acreage as described in Exhibit "A" herein. Therefore, the County shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits pertaining to said properties and the City shall not exercise any of these functions related to said properties. 2. All other provisions of the Interlocal Agreement and 2006 Amendment shall remain in full force and effect. 273960 COPY 3. Miscellaneous. a. This Second Amendment expresses the entire agreement between the parties hereto regarding the subject matter contained herein and may not be modified or amended except by written agreement duly executed by both parties. Either party may request to renegotiate this Second Amendment or the Interlocal Agreement at anytime. b. This Second Amendment has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. C. This Second Amendment shall be constructed in accordance with the laws of the State of Texas and venue for all purposes hereunder shall be in Williamson County, Texas. d. If any provision hereof is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be fully severable here to from and this Second Amendment shall be constructed and enforced, as if such invalid, illegal or unenforceable provision never comprised a part hereof, and the remaining provisions shall continue in full force and effect. e. This Second Amendment is not intended to extend the liability of the parties beyond that provided by law. Neither City nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. £ This Second Amendment shall be effective as of the _ day of '2013. g. This Second Amendment shall be subject to review and revision one year after approval by the parties. (SIGNATURES ON FOLLOWING PAGES) 2 COPY APPROVED BY THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, TEXAS, in its meeting held on 12--st'32- day of2013, and executed by its authorized representative. ATTEST: — GIN, W4 SARA RITE, City Clerk 3 CITY OF ROUND ROCK, TEXAS By• COPY APPROVED BY THE COMMISSIONS' COURT FOR WILLIAMSON COUNTY, TEXAS, in its meeting held on the day of , 2013, and executed by its authorized representative. ATTEST: 11 WILLIAMSON COUNTY Dan Gattis, Sr. County Judge COPY EXHIBIT "A" TO THE SECOND AMENDMENT TO INTERLOCAL AGREEMENT Jurisdiction over the platting and subdivision of the following lands which lie within the City of Round Rock ETJ and also located within Williamson County, Texas shall be granted to Williamson County: 1. All lands located within Paloma Lake Municipal Utility District No. 1; 2. All lands located within Paloma Lake Municipal Utility District No. 2; 3. All lands located within Siena Municipal Utility District No. l; and 4. All lands located within Siena Municipal Utility District No. 2.