R-05-10-27-13E1 - 10/27/2005RESOLUTION NO. R -05-10-27-13E1
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 for the provision of
fire flow for Celebration Church, 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 Interlocal Agreement, a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds anddeclares 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 27th day of October, 2005.
ST:
L, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
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INTERLOCAL AGREEMENT
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.
RECITALS
WHEREAS, the Texas Interlocal Cooperation 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, Georgetown and Round Rock operate water utilities, each with their own
exclusive service area prescribed by the TCEQ in their respective Certificates of Convenience
and Necessity ("CCN"); and
WHEREAS, Celebration Church desires to establish a facility at 1202 CR 116 within
Georgetown's water service area ("Facility"); and
WHEREAS, the Facility is required to have a fire flow of 1,500gpm; and
WHEREAS, Georgetown can provide potable water service to the Facility with its
existing infrastructure; and
WHEREAS, Georgetown can provide fire flow to the Facility if substantial modification
to the existing infrastructure is made; and
WHEREAS, the time required to modify Georgetown's infrastructure will not support the
construction and operation schedule of Celebration Church, and
WHEREAS, Round Rock is able to provide adequate fire flow to the Facility via its water
system infrastructure without substantial modification and desires to provide such fire flow to the
Facility; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 1 of 6
1. Georgetown's Duties and Responsibilities
1.1. Georgetown agrees to:
1.1.1. Allow Round Rock to provide Fire Flow service to Celebration Church via a
connection to its water piping near the Barton Hill Standpipe.
1.1.2. Require Celebration Church to install backflow prevention devices and metering
approved by Round Rock to protect the Round Rock water system from potential
contaminants and detect unauthorized use of water.
1.1.3. Require Celebration Church to install piping to ultimately connect to
Georgetown's system for fire flow. Connection to Georgetown's system shall
remain isolated via a closed valve until the infrastructure improvements to
Georgetown's system have been made.
1.1.4. Pay the rate established in Chapter 10, Round Rock Code of Ordinances,for all
water transported to Celebration Church as measured on the emergency
interconnection meter on the Barton Hill Standpipe.
1.1.5. Require Celebration Church to properly abandon and cap the connection to Round
Rock's water system when Georgetown is able to provide fire flow to the facility.
2. Round Rock's Responsibilities
2.1. Round Rock agrees to:
2.1.1. Provide fire flow service to Celebration Church as shown on Exhibit 'A' via its
water infrastructure until fire flow can be provided by Georgetown.
2.1.2. Be solely responsible to ensure the valve lineup at the Barton Hill Standpipe site
is such that fire service is continuously provided to the Celebration Church except
in the case where the piping must be isolated for repair.
2.1.3. Notify Celebration Church prior to any interruption of service for repair and as
soon as possible in the event of an emergency repair.
3. TERM
3.1. This Agreement shall continue until the improvements to the Georgetown water system
have been completed.
4. TERMINATION
4.1. A party may terminate the Agreement for breach of any provision of this Agreement
after providing written notice of the alleged breach to the other party, and allowing the
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 2 of 6
other party at least thirty (30) days after receipt of the written notice in which to cure the
alleged breach.
5. NOTICES
5.1. 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 recipient; (ii) two (2) 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
Attn: Utilities Director
221 East Main Street
Round Rock, Texas 78664
Phone: (512) 218-5565
Fax: (512) 218-7041
6. FORCE MAJEURE
City of Georgetown
Attn: Assistant City Manager - Utilities
P.O. Box 409
Georgetown, Texas 78627-0409
Phone: (512) 930-3889
Fax: (512) 930-3659
6.1 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 of default or
a breach of this Agreement, only 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, explosion, 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.
7. MISCELLANEOUS
7.1 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
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 3 of 6
Agreement, except by written agreement approved by the governing bodies of each party and
duly executed by both parties.
7.2 Approval. This Agreement has been duly and properly approved by each party's
governing body and constitutes a binding obligation on each party.
7.3 Assignment. Except as otherwise provided in this Agreement, a party may not assign this
Agreement or subcontract the performance of services without first obtaining the written
consent of the other party.
7.4 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
such party is obligated to levy, pledge, or collect any form of taxation and such obligations
may be terminated at the end of a party's fiscal year if the governing body of such party does
not appropriate sufficient funds to continue the services provided under this Agreement.
7.5 Non -Waiver. A party's failure or delay to exercise right or remedy does not constitute a
waiver of the right or remedy. An exercise of a right or remedy under this Agreement does
not preclude the exercise of another right or remedy. Rights and remedies under this
Agreement are cumulative and are not exclusive of other rights or remedies provided by law.
7.6 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.
7.7 Dispute Resolution. If a dispute arises under this Agreement, the parties agree to first try
to 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, including without limitation, any proceeding under
the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
7.8 Attorneys' Fees. In any lawsuit concerning this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees from the nonprevailing party, plus all out-of-
pocket expense such as deposition costs, telephone calls, travel expenses, expert witness fees,
court costs, and other reasonable expenses.
7.9 Severability. The parties agree that in the event any provision of this Agreement is
declared invalid by a court of 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.
7.10 Venue. The parties agree that all disputes that arise out of this Agreement are governed
by the laws of the State of Texas and venue for all purposes herewith shall be in Williamson
County, Texas.
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 4 of 6
7.11 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).
7.12 Counterparts. This Agreement may be executed in multiple counterparts, which taken
together shall be considered one original.
APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held
on the day of the month of , 2005, and executed by its authorized
representatives.
APPROVED by the City Council for the City of Georgetown, Texas, in its meeting held
on the 61'M day of the month of - er , 2005, and executed by its authorized
representatives.
EFFECTIVE on the latest date of approval indicated above.
CITY OF ROUND ROCK, TEXAS
By:
NYLE MAXWELL, Mayor
Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, Sheets & Crossfield, P.C.
City Attorney for City of Round Rock
APPROVED by the City of Georgetown, in its meeting held on the a day of the
month of„cfrep'-effri , 2005, and executed by its authorized representatives.
CITY OF GEORGETOWN, TEXAS
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 5 of 6
ATTEST:
7
44(
SANDRA D. LEE, City Secretary
APPROVED AS TO FORM:
B
Patricia E. Carls, Brown & Carls, LLP
City Attorney for City of Georgetown
g
LO Mayor
town, Texas
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 6 of 6
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DATE: October 20, 2005
SUBJECT: City Council Meeting - October 27, 2005
ITEM: 13.E.1. Consider a resolution authorizing the Mayor to execute an
Interlocal Agreement with the City of Georgetown for providing fire
flow for Celebration Church.
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Utilities Director
Justification:
This Interlocal agreement will allow the City of Round Rock to provide fire flow in the event
of a fire at the church until improvements are completed to Georgetown's water system.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Mr. Glen Dishong, City of Georgetown
Background Information:
Celebration Church is located in the City of Georgetown water service area and
Georgetown's current water system is not capable of providing adequate fire flows. This
agreement will allow the Church to be served fire flows from Round Rock's water system
until improvements are completed to the Georgetown water system. After Georgetown's
improvements are complete, the connection will serve as an emergency interconnect
between the two Cities. In the event of a fire, the City of Georgetown will respond.
Public Comment: N/A
INTERLOCAL AGREEMENT
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.
RECITALS
WHEREAS, the Texas Interlocal Cooperation 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, Georgetown and Round Rock operate water utilities, each with their own
exclusive service area prescribed by the TCEQ in their respective Certificates of Convenience
and Necessity ("CCN"); and
WHEREAS, Celebration Church desires to establish a facility at 1202 CR 116 within
Georgetown's water service area ("Facility"); and
WHEREAS, the Facility is required to have a fire flow of 1,500gpm; and
WHEREAS, Georgetown can provide potable water service to the Facility with its
existing infrastructure; and
WHEREAS, Georgetown can provide fire flow to the Facility if substantial modification
to the existing infrastructure is made; and
WHEREAS, the time required to modify Georgetown's infrastructure will not support the
construction and operation schedule of Celebration Church, and
WHEREAS, Round Rock is able to provide adequate fire flow to the Facility via its water
system infrastructure without substantial modification and desires to provide such fire flow to the
Facility; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 1 of 6 l4 -05-1O-21.1361
1. Georgetown's Duties and Responsibilities
1.1. Georgetown agrees to:
1.1.1. Allow Round Rock to provide Fire Flow service to Celebration Church via a
connection to its water piping near the Barton Hill Standpipe.
1.1.2. Require Celebration Church to install backflow prevention devices and metering
approved by Round Rock to protect the Round Rock water system from potential
contaminants and detect unauthorized use of water.
1.1.3. Require Celebration Church to install piping to ultimately connect to
Georgetown's system for fire flow. Connection to Georgetown's system shall
remain isolated via a closed valve until the infrastructure improvements to
Georgetown's system have been made.
1.1.4. Pay the rate established in Chapter 10, Round Rock Code of Ordinances,for all
water transported to Celebration Church as measured on the emergency
interconnection meter on the Barton Hill Standpipe.
1.1.5. Require Celebration Church to properly abandon and cap the connection to Round
Rock's water system when Georgetown is able to provide fire flow to the facility.
2. Round Rock's Responsibilities
2.1. Round Rock agrees to:
2.1.1. Provide fire flow service to Celebration Church as shown on Exhibit 'A' via its
water infrastructure until fire flow can be provided by Georgetown.
2.1.2. Be solely responsible to ensure the valve lineup at the Barton Hill Standpipe site
is such that fire service is continuously provided to the Celebration Church except
in the case where the piping must be isolated for repair.
2.1.3. Notify Celebration Church prior to any interruption of service for repair and as
soon as possible in the event of an emergency repair.
3. TERM
3.1. This Agreement shall continue until the improvements to the Georgetown water system
have been completed.
4. TERMINATION
4.1. A party may terminate the Agreement for breach of any provision of this Agreement
after providing written notice of the alleged breach to the other party, and allowing the
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 2 of 6
other party at least thirty (30) days after receipt of the written notice in which to cure the
alleged breach.
5. NOTICES
5.1. 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 recipient; (ii) two (2) 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
Attn: Utilities Director
221 East Main Street
Round Rock, Texas 78664
Phone: (512) 218-5565
Fax: (512) 218-7041
6. FORCE MAJEURE
City of Georgetown
Attn: Assistant City Manager - Utilities
P.O. Box 409
Georgetown, Texas 78627-0409
Phone: (512) 930-3889
Fax: (512) 930-3659
6.1 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 of default or
a breach of this Agreement, only 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, explosion, 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.
7. MISCELLANEOUS
7.1 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
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 3 of 6
Agreement, except by written agreement approved by the governing bodies of each party and
duly executed by both parties.
7.2 Approval. This Agreement has been duly and properly approved by each party's
governing body and constitutes a binding obligation on each party.
7.3 Assignment. Except as otherwise provided in this Agreement, a party may not assign this
Agreement or subcontract the performance of services without first obtaining the written
consent of the other party.
7.4 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
such party is obligated to levy, pledge, or collect any form of taxation and such obligations
may be terminated at the end of a party's fiscal year if the governing body of such party does
not appropriate sufficient funds to continue the services provided under this Agreement.
7.5 Non -Waiver. A party's failure or delay to exercise right or remedy does not constitute a
waiver of the right or remedy. An exercise of a right or remedy under this Agreement does
not preclude the exercise of another right or remedy. Rights and remedies under this
Agreement are cumulative and are not exclusive of other rights or remedies provided by law.
7.6 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.
7.7 Dispute Resolution. If a dispute arises under this Agreement, the parties agree to first try
to 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, including without limitation, any proceeding under
the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
7.8 Attorneys' Fees. In any lawsuit concerning this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees from the nonprevailing party, plus all out-of-
pocket expense such as deposition costs, telephone calls, travel expenses, expert witness fees,
court costs, and other reasonable expenses.
7.9 Severability. The parties agree that in the event any provision of this Agreement is
declared invalid by a court of 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.
7.10 Venue. The parties agree that all disputes that arise out of this Agreement are governed
by the laws of the State of Texas and venue for all purposes herewith shall be in Williamson
County, Texas.
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 4 of 6
7.11 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).
7.12 Counterparts. This Agreement may be executed in multiple counterparts, which taken
together shall be considered one original.
APPROVED by the City Coun 1 for the City • f Round Rock, Texas, in its meeting held
on the day of the month of , 2005, and executed by its authorized
representatives.
APPROVED by the City Council for the City of Georgetown, Texas, in its meeting held
on the day of the month of ef e,, , 2005, and executed by its authorized
representatives.
EFFECTIVE on the latest date of approval indicated above.
CITY OF ROUND ROCK, TEXAS
By:►-..
ELL, Mayor
Round Rock, Texas
•
CHRISTINE R. MARTINEZ, City Secretary
APPROV D AS TO FORM:
Stephan 1. Sheets, Sheets & Crossfield, P.C.
City Attorney for City of Round Rock
APPROVED by the City of Georgetown, in its meeting held on the day of the
month of.i` ;r , 2005, and executed by its authorized representatives.
CITY OF GEORGETOWN, TEXAS
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 5 of 6
By:
AR LO Mayor
Geor_ -town, Texas
ATTEST:
SANDRA D. LEE, City Secretary
APPROVED AS TO FORM:
Q 1-irceWcie--12_,
Patricia E. Carls, Brown & Carls, LLP
City Attorney for City of Georgetown
Interlocal Agreement between City of Georgetown and City of Round Rock
Regarding the provision of Fire Flow service to Celebration Church
Page 6 of 6