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R-06-04-13-10E3 - 4/13/2006RESOLUTION NO. R -06-04-13-10E3 WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with Williamson County to identify the government responsible for regulating plats and permits in various portions of Round Rock's ETJ, and WHEREAS, the City now wishes to amend said agreement to include 1,411 acres Creek, and Subdivision of land generally lying between Sam Bass Road and Brushy 171 acres of land known as the Morningside Meadows in Williamson County's 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 said Amendment to Interlocal Agreement, 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 April, 2006. z. WE ayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secj-tary @PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTL/R60413E3.WPD/sc AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT TO AN INTERLOCAL AGREEMENT ("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"), enacted by the Texas Legislature during its 77th Legislative Session by and between the CITY OF ROUND ROCK, TEXAS ("City") , a political subdivision of the State of Texas, and the COUNTY OF WILLIAMSON, TEXAS ("County"), also a political subdivision of the State of Texas. WHEREAS, on the 24th day of October, 2002, in Ordinance No. R -02-10-24-11D1, the City approved an Interlocal Agreement ("Agreement") with the County; and WHEREAS, on the 17th day of December, 2002, the County approved the same Interlocal Agreement; and WHEREAS, HB 1445 requires the City and the County to enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction ("ETJ") of the City; and WHEREAS, the City and the County desire to amend Exhibit "A" of the Agreement to include additional acreage, as described in Exhibits "A-1" and "A-2", 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 Exhibit "A" of the Interlocal Agreement between the City of Round Rock and Williamson County, as described above, shall be amended as follows: 1. Exhibit "A" of said Interlocal Agreement is hereby amended by including the additional acreage as described by the maps in Exhibits "A-1" and "A-2" 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 said Interlocal Agreement shall remain in full force and effect. 83752 Ver3 wmco/gn1/1445 3. Miscellaneous. a. This 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 Agreement at anytime. b. This Amendment has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. c. This 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 Agreement 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. The 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 Amendment shall be effective as of the day of 2006. g. This Amendment shall be subject to review and revision one year after approval by the parties. APPROVED BY THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, TEXAS, in its meeting held on day of , 2006, and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: 2 NYLE MAXWELL, Mayor ATTEST: CHRISTINE MARTINEZ, City Secretary APPROVED BY THE COUNTY, TEXAS, in , 2006, and COMMISSIONS' COURT FOR WILLIAMSON its meeting held on the day of executed by its authorized representative. WILLIAMSON COUNTY By: ATTEST: JANE TABLERIOU JOHN DOERFLER, County Judge EXHIBIT "A-1" 1,411 acres of land bounded on the north by FM 1431, on the east by Great Oaks Drive and the western boundary line of Tonkawa Village Subdivision, on the south by Brushy Creek and on the west by Brushy Creek and the City of Round Rock's ETJ boundary line_ EXHIBIT '`A-2" 171 acres of land known as Morningside Meadows Subdivision Sections One - Seven, recorded in the Official Plat Records of Williamson County, Texas, Cabinet M, Slide 386; Cabinet Q, Slide 265; Cabinet Q, Slide 391; Cabinet R, Slide 232; Cabinet S, Slide 107; Cabinet U, Slide 201 and Cabinet X, Slide 10. The tract is located south of Gattis School Road, east of High Country Subdivision and west of Cisco Valley Drive. Exhibit 'Al' Exhibit 'A2' m a> 0 0 CO D CT a) U C 1— z W uJ W w U cn Q J J aCe'. a ? DATE: April 6, 2006, 2006 SUBJECT: City Council Meeting - April 13, 2006 ITEM: 10.E.3. Consider a resolution authorizing the Mayor to execute an Amendment to Interlocal Agreement with Williamson County to define platting jurisdiction. Department: Planning and Community Development Department Staff Person: Jim Stendebach, Director Justification: This amendment to the Interlocal Agreement between the City of Round Rock and Williamson County will transfer platting authority for 1411 acres of land generally lying between Sam Bass Road and Brushy Creek and 171 acres of land known as the Morningside Meadows Subdivision to the county. These areas are currently platted into residential lots built to county standards. With this transfer of jurisdiction, county standards would continue to apply to the existing tracts whenever minor replatting is required. See location maps attached. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This amends the Interlocal Agreement required by and in accordance with the provisions of the Interlocal Cooperation Act, Chapter 791 Texas Government Code and House Bill 1445. It is highly unlikely that the City would annex any of this area in the near future. On April 11, 2006, Williamson County Court Commissioners voted to approve this amendment to the Interlocal Agreement. Public Comment: None required. AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT TO AN INTERLOCAL AGREEMENT ("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"), enacted by the Texas Legislature during its 77th Legislative Session by and between the CITY OF ROUND ROCK, TEXAS ("City") , a political subdivision of the State of Texas, and the COUNTY OF WILLIAMSON, TEXAS ("County"), also a political subdivision of the State of Texas. WHEREAS, on the 24th day of October, 2002, in Ordinance No. R -02-10-24-11D1, the City approved an Interlocal Agreement ("Agreement") with the County; and WHEREAS, on the 17th day of December, 2002, the County approved the same Interlocal Agreement; and WHEREAS, HB 1445 requires the City and the County to enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction ("ETJ") of the City; and WHEREAS, the City and the County desire to amend Exhibit "A" of the Agreement to include additional acreage, as described in Exhibits "A-1" and "A-2", 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 Exhibit "A" of the Interlocal Agreement between the City of Round Rock and Williamson County, as described above, shall be amended as follows: 1. Exhibit "A" of said Interlocal Agreement is hereby amended by including the additional acreage as described by the maps in Exhibits "A-1" and "A-2" 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 said Interlocal Agreement shall remain in full force and effect. 83752 Vera wmco/gn1/1445 R-O(o-04-13-1D63 3. Miscellaneous. a. This 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 Agreement at anytime. b. This Amendment has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. c. This 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 Agreement 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. The 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 Amendment shall be effective as of the /a day of 2006. g. This Amendment shall be subject to review and revision one year after approval by the parties. APPROVED BY THE CITY COUNCIL FOR THE C)TY OF ROUND ROCK, TEXAS, in its meeting held on 13 day of executed by its authorized representative. 2 , 2006, and CITY OF ROUND RO K B YL AXWELL, Mayor ATTEST: CHRISTINE MARTINEZ, City Secretar APPROVED BY THE COMMISSIONS' COURT FOR WILLIAMSON COUNTY, TEXAS, in its meeting held on the day of , 2006, and executed by its authorized representative. ATTEST: JA TABLERIOU 3 WILLIAMSON COUNTY HN DOER ER, ounty Judge EXHIBIT "A-1" 1,411 acres of land bounded on the north by FM 1431, on the east by Great Oaks Drive and the western boundary line of Tonkawa Village Subdivision, on the south by Brushy Creek and on the west by Brushy Creek and the City of Round Rock's ET.I boundary line_ EXHIBIT ''A-2" 171 acres of land known as Morningside Meadows Subdivision Sections One - Seven, recorded in the Official Plat Records of Williamson County, Texas, Cabinet M, Slide 386; Cabinet Q, Slide 265; Cabinet Q, Slide 391; Cabinet R, Slide 232; Cabinet S, Slide 107; Cabinet U, Slide 201 and Cabinet X, Slide 10_ The tract is located south of Gattis School Road, east of High Country Subdivision and west of Cisco Valley Drive. Exhibit 'Al' Exhibit 'A2' .- I TTIS SCHOOL RD N1 aria J z _ 0 Q _ - da110-7s1H3 NYS- - 'J A317itA OOSIO' 0 w 0 • z -' J _ W {// Ss- ANAGACHO\ yJ tME J CALICO BUSH HILLST 0 0 — 1- z w uj w w J co 0 W a U w � F z /0133231S 33211S 111H T 0 W J 1