R-01-06-28-12A2 - 6/28/2001 RESOLUTION NO. R-01-06-28-12A2
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 a Firing
Range Interlocal Agreement with Williamson County for participation in
a countywide firearm training facility project, 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 Firing Range Interlocal Interlocal Agreement,
a copy of same being attached hereto 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, and the Act .
RESOLVED this 28th day of Ju 20 1 .
R A. STLUKA, J . , Mayor
AT EST: City of Round Rock, Texas
J E LAND, City Secretary
0:\WPDOCS\RESOLUTI\R10628A2.WPD/sc
WILLIAMSON COUNTY LAW ENFORCEMENT
FIRING RANGE INTERLOCAL AGREEMENT
THIgS CONTRACT AND INTERLOCAL AGREEMENT is made and entered into effective this
0 day of J UAJ& ,2001,by and between WILLIAMSON COUNTY(the"County"),
and CITY OF RQUAJQ /WCI , (the "Participating Entity").
WITNESSETH:
WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation
Act provides that any one or more public agencies may contract with each other for the performance
of governmental functions and for the joint use of facilities or services for the promotion and
protection of the health and welfare of the inhabitants of the State and the mutual benefit of the
parties; and
WHEREAS, each of the parties hereto requires training for firearms use, and any other
appropriate law enforcement or public safety training,so as to increase the skill and professionalism
of its law enforcement and public safety personnel and reduce liabilities to the parties and their
respective insurance carriers; and
WHEREAS, the County and the Participating Entity desire to share the costs of the
construction of a firing range ("Range" - as listed in Exhibit C), provided that the County shall
operate,manage and maintain the Range,and provided that the Participating Entity shall be entitled
to utilize said Range for firearm training purposes; and
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the undersigned parties agree as follows:
::ODMA'WORLDOX\Z:\TEXT�WILLCTV�.FIREARM RANGE\INTERLOCAL AGREEMENT4.D04C
I.
DEFINITIONS
1. County shall mean Williamson County, Texas.
2. Participating Entity shall mean the other signer of this Agreement.
3. Project shall mean the Range and related improvements.
II.
CONSTRUCTION COSTS
1. The Participating Entity's share of the costs for construction of the Project are as
shown on Exhibit"A", attached hereto and incorporated herein. It is agreed that the
Participating Entity's share of costs are to be used for Project improvements,and not
for salaries or other administrative costs.
2. By approving the Agreement, the Participating Entity agrees to remit the
consideration as stated above to the County within two(2)months of the signing of
the Agreement. If there are additional construction costs over and above these listed
in Exhibit "A", the Participating Entity is not obligated to remit additional
consideration, unless approved by official action of the Participating Entity.
III.
ANNUAL OPERATION AND MAINTENANCE
I. The annual operation,management and maintenance costs of the Project shall be the
sole responsibility of the County.
2. The County agrees to reserve all of the real property described in Exhibit "B",
attached hereto and incorporated herein, for the Project, and other related public
safety purposes.
3. It is the County's desire to expand the Project to include additional public safety
training activities,including but not limited to,driving tracks,obstacle courses, and
a rifle range.Said expansions are conditioned upon additional financial participation
by the Participating Entity. If the Participating Entity chooses to not participate in
an expanded activity, it will not be entitled to utilize the expanded activity.
2.
IV.
USE OF PROJECT BY PARTICIPATING ENTITY
1. County agrees to schedule Participating Entity with sufficient time to train all
Participating Entity's commissioned officers in firearm use, and other public safety
activities.
2. The County and the Participating Entity agree to form a Range Committee that shall
be comprised of one(1)representative from the County and from each participating
Entity utilizing the Project. The representative shall be the police chief or sheriff or
their designees. A vote of a majority of Participating Entities,including the County,
is necessary for the Range Committee to take any action.
3. The Range Committee shall insure that the provisions of Section 1, above, are
complied with fully.The Range Committee shall annually allocate"exclusive use of
range"days for each quarter year,based on a formula allowing for 8:00 A.M.to 5:00
P.M., Monday through Friday.
4. The Range Committee shall address additional issues including, but not limited to,
use of the Project by non-participating entities to insure that the scheduling of the
non-participating entities does not interfere with the Participating Entity's"exclusive
use of range days", as referenced above. Additionally, the Range Committee shall
address all issues regarding scheduling and expansion of Project to include other
public safety related activities.
V.
INDEMNITY
1. To the extent allowed by law, the Participating Entity will indemnify and save
harmless the County,its officers,agents,servants,and employees for and against any
and all suits, actions, legal proceedings, claims, demands, costs, expenses, and
attorney fees,arising out of a willful or negligent act or omission of the Participating
Entity, its officers, agents, servants, and employees arising out of utilization of the
Project by the Participating Entity, its officers, agents, servants, and employees.
VI.
DURATION U Z
1. This Agreement shall be effective on the day of , 2001,
and shall continue for fifty(50)years,unless terminated by written agreement ofboth
parties.
3.
2. The County reserves the right to cease operations of the Project at any time. If the
County; exercises this option, the County will reimburse the Participating Entity a
pro-rated share of its contribution for construction costs as stated in Section III.,
above,based on the number of years remaining in the term. If the Project is not open
for firearms training within 18 months after the signing of this Agreement, the
Participating Entity reserves the right to terminate this Agreement and be reimbursed
all construction costs paid pursuant to this Agreement.
VII.
NEGOTIATION AND MEDIATION OF DISPUTES
1. The parties agree to attempt first to resolve disputes concerning this Agreement
amicably by promptly entering into negotiations in good faith. The parties agree that
they will not refer any dispute to another dispute resolution procedure including
mediation or litigation until they have first made reasonable and good faith efforts to
settle their differences by joint negotiations conducted in a timely manner.
2. If any dispute cannot be resolved through good faith negotiation, then the parties
shall endeavor to resolve the dispute by mediation as provided herein.
3. In the event that a dispute is not resolved as a result of such negotiations,either party
may at any time give formal written notice to the other of a "claim". A "claim" as
used herein means a demand or assertion by one of the parties (the "claimant")
seeking,as a matter of right,adjustment or interpretation of terms in this Agreement,
the payment of money, an extension of time for performance or other relief with
respect to the terms of this Agreement or any other dispute or matter in question
among the parties arising out of or related to this Agreement. Such notice shall be
in writing. After such notice is given,the dispute resolution procedure provided for
below shall immediately enter into effect.
4. The claimant shall continue with performance under this Agreement pending
mediation of the dispute.
5. Promptly following the making of a written claim by any party, the parties will
consult with one another to agree on the appointment of a mediator acceptable to all
parties. If within five (5) business days the parties are unable to agree on the
appointment of a mediator,then any party may request the appointment of a mediator
by the Center for Public Policy Dispute Resolution at the University of Texas at
Austin School of Law. The parties agree to utilize the mediator appointed by the
Center unless they ultimately reach agreement on an alternative selection and give
notice to the Center that another selection has been made by agreement. The fees of
the mediator and any other costs of administering the mediation shall be borne
equally by the parties unless otherwise agreed among them in writing.
4.
6. If mediation is unsuccessful, the County or the Participating Entity can bring an
action in a court of proper jurisdiction to redress any claim or other causes of action
under this Agreement.
VIII.
MISCELLANEOUS
1. SEVERABILITY: The Parties agree that in the event any provision of this
Agreement is held by a court of competent jurisdiction to be in contradiction of any
laws of the State or the United States, the Parties will immediately rectify the
offending portions of this Agreement. The remainder of the Agreement shall be in
full force and effect.
2. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between
the Parties hereto,and supersedes all their oral and written negotiations,agreements,
and understandings of every kind. The Parties understand,agree,and declare that no
promise,warranty,statement,or representation of any kind whatsoever,which is not
expressly stated in this Agreement,has been made by any Party hereto or its officer,
employees, or other agents to induce execution of this Agreement.
3. CHOICE OF LAW: This Agreement shall be performable in Williamson County,
Texas.
4. AMENDMENT: This Agreement may be amended by unanimous vote of each
Participating Entity and County if said proposed Amendment is ratified and approved
by each Participating Entity and County.
5. NOTICE: Any notice given hereunder shall be in writing, and may be effected by
personal delivery, or by registered or certified mail, return receipt requested, at the
address of the respective Parties indicated below:
Sheriff John A. Maspero
Williamson County Sheriffs Office
508 S. Rock
Georgetown, Texas 78626
City of Round Rock
Attn: City Manager
221 East Main Street
Round Rock, Texas
Address for notice may be changed at anytime by delivering written notice of change
to the other Parties in accordance with the notice requirements of this section.
5.
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. ATTORNEY FEES: In any lawsuit concerning this Agreement, the prevailing
Party/Parties shall be entitled to recover reasonable attorneys fees from the non-
prevailing Party/Parties, plus all out-of-pocket expenses such as deposition costs,
telephone calls,travel expenses,expert witness fees,court costs,and other reasonable
expenses.
8. COMPLIANCE WITH APPLICABLE LAWS: The Parties hereby agree to comply
with all ordinances,laws,rules,regulations and lawful orders of any public authority.
Specifically,nothing in this Agreement is intended to conflict with the City of Round
Rock's zoning, franchise or health and safety authority.
IN WITNESS WHEREOF, the Parties hereto have set their hands the day and year
first above written.
WILLIAMSON COUNTY ATTEST:
COMMISSIONERS' COURT:
By: By:
JUDGE JOHN DOERFLER Printed Name:
County Judge County Clerk
Williamson County, Texas Williamson County, Texas
CITY OF ROUND ROCK: ATTEST:
By: AA
4ROTA. STLUKA, JR., yor J NNE LAND, City Secretary
6.
EXHIBIT A
Number of
Agency Commissioned Officers Contribution
Number % of Total
Williamson County Sheriffs Office 178 40% (1)
Round Rock Police Department 94 21% $ 141,000
Georgetown Police Department 50 11% $ 75,000
Cedar Park Police Department 44 10% $ 66,000
Taylor Police Department 30 7% $ 45,000
Austin Police Department 20 5% $ 30,000
Leander Police Department 18 4% $ 27,000
Hutto Police Department 10 2% $ 15,000
Total 424 100% $369,000
(1) Williamson County contributed 123 acres of county land as its share of the initial investment.
EXHIBIT B
Tract I
FIELD NOTES DESCRIBING 122.161 ACRES OF LAND,MORE OR LESS,A PART OF THE JOHN
DYKES SURVEY,ABSTRACT NO. 186,IN WILLIAMSON COUNTY,TEXAS AND BEING THAT
CALLED 123.23 ACRE TRACT DESCRIBED IN A DEED TO THURE JOHN DAHL OF RECORD IN
VOLUME 563,PAGE 601,SAVE AND EXCEPT A CALLED 0.732 TRACT OF LAND DESCRIBED
IN A RIGHT-OF-WAY DEED TO THE STATE OF TEXAS DESCRIBED IN VOLUME 476,PAGE 580,
ALL DEED RECORDS WILLIAMSON COUNTY,TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a concrete highway right-of-way monument found in the north line of F.M.Road 1660 at
the northwest corner of the called 0.732 tract of land for an interior ell comer hereof-,
THENCE with the west line of said 0.732 acre tract,South 19'10'3T'East 40.00 feet to an I2 inch iron
rod set at the southwest comer of said 0.732 acre tract being in the south line of said 123.23 acre tract for
an exterior ell corner hereof;
THENCE with the south lire of said 12323 acre tract South 71'12'27"West 882.70 feet to an 12 inch iron
rod set in Williamson County Road 130,for the southwest comer hereof,
THENCE with the west line of said 123.23 acre tract and the east line of Williamson County Road 130,
North 19'00'00"West 3137.10 feet to an 112 inch iron rod found at the southwest corner of the -
Williamson County tract of land described in Volume 485,Page 248,Deed Records Williamson County,
Texas for the northwest corner hereof;
THENCE with the common line of the Williamson County tract and herein described tract North 7101'36"
East 1703.57 feet to an 12 inch iron rod set for the northeast corner hereof,
THENCE with the common line of the Dennis Johnson tract the Richard H.Kruger tract and herein
described tract South 19'05'26"East 3096.4I feet to an 12 inch iron rod set in the north line of said F.M.
1660,and northeast corner of said 0.732 acre tract for the southeast comer hereof-,from which a concrete
highway monument bears North 70'49'23"East 2342.60 feet.
THENCE with the north line of said 0.732 acre tract and the north right-of-way of said F.M. I660,South
70'49'23"West 825.90 feet to the PLACE OF BEGINNING and-containing 122.161 acres of land,of
which 0.000 acres lay in Williamson County Road 130.
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FIELD NOTES ONLY TO BE USED WITH ATTACHED PLAT �!�ptigTF��o. ,�,
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EXHIBIT B
FIELD NOTES DESCRIBING THE CENTER LINE OF 30 FEET INGRESS AND EGRESS ROAD
EASEMENT OUT OF A PORTION OF THE JOHN DYKES SURVEY ABSTRACT NO. 186. A
BEING A PORTION OF THAT CALLED 12323 ACRE TRACT DESCRIBED IN A DEED TO THURE
JOHN DAHL OF RECORD IN VOLUME 563,PAGE 601, OF THE DEED RECORDS OF
WILLIAMSON COUNTY,TEXAS.
COMMENCING at an 1/2"iron rod found in the East right-of-way line of County Road 130 for the
northwest corner of the above referenced 123.23 acre tract;
THENCE along the East right-of-way line of County Road 130 South 19deg 00'00"East 1433.97 feet to
the point of beginning;
THENCE along the center line of a 30 foot ingress and egress easement the following the three courses
North 27deg 10'20"East,245.05 feet to an angle point;
THENCE North 44deg 16'10"East to 284.85 feet to a angle point;
THENCE North 69deg 01'19"East 898.39 feet to a point in the west line of 2.000 acre tract and point of
termination from which 1/2"iron rod set for the southwest corner of the above referenced 2.000 acre tract
bears South 19deg 05'26"East 15.00 feet.
FIELD NOTES TO BE USED WITH THE ATTACHED PLAT. of
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EXHIBIT B
WELIAMSON COUVTY
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EXHIBIT C
RANGE BUILDING PROPOSALS
1. Covered Firearms Deck
A 25 yard, 10 position concrete slab 90 feet wide. Each firing position will be eight feet
wide.
A dirt berm backstop no less than 30 ft from the target line.
Covered structure with no obstructions in the lane of fire.
Artificial incandescent lighting capable of dimming.
2. Open Range Deck
A 50 yard, 10 position area 90 feet wide. The entire surface should be a non-reflective all
weather surface.
Firing lines should be marked at 3, 7, 10, 15, 25 and 50 yards.
Artificial incandescent lighting capable of dimming.
3. Rifle Deck
A 200 - 300 yard, 5 position, firing line marked off in intervals of 100 yards.
Each position is 10 feet wide.
Concrete pads the width of the range and 10 feet wide placed at distances of 100 and 200
yards from the target line.
A concrete walkway built from the 200 yard line to the target line.
4. Backstop
Assuming a 20 feet high berm.
The berm should extend a minimum of five feet beyond the end target as measured at the
top of the berm.
The slope of the range side must be as steep as possible but not less than 45 degrees or
1:1. The facing slope must be at least 45 degrees or 1:1.
The impact surface of the backstop must be free of rock and debris to a depth of 18-24
inches.
Fill material should be relatively free of large rocks and other debris.
5. Covered range deck and open range deck will have a self-contained bullet trap. The trap
will be covered with 2 feet of shredded rubber. Trap will be purchased from Supertrap
Inc. or Action Target.
6. The covered range deck and open range deck will each have computerized turning target
systems.
DATE: June 22, 2001
SUBJECT: City Council Meeting—June 28, 2001
ITEM: 12.A.2. Consider a resolution authorizing the Mayor to execute a Firing
Range Interlocal Agreement with Williamson Countyfor
participation in a countywide firearm training facility project. The
Round Rock Police Department's participation in this venture
would cost$141,000, which would be drawn from the City's Law
Enforcement Fund for asset forfeitures.
Resource: Paul Conner, Chief of Police
Rick White, Management Analyst
History: Currently,Round Rock police officers must perform firearm qualifications and
training at various sites of varying condition around Williamson County. Officers
need an adequate site at which they can perform these functions. Nearly two years
ago, Chief Conner began broaching the idea with neighboring jurisdictions of
collaborating on a countywide firearm facility.
This interlocal agreement is the culmination of those nearly two years' worth of
effort aimed at developing a countywide law enforcement training facility for
Williamson County peace officers. Williamson County has contributed 123 acres
of county land to this project, and the contributions of the participating cities is
based on the number of commissioned officers in each jurisdiction. As such, the
City's share is $141,000 and would be drawn from asset forfeiture monies (not the
general fund).
Under the terms of the agreement, Williamson County has the sole responsibility
for operation, management, and maintenance of the facility. Scheduling and further
development of the site would be governed by a committee with equal voting
membership from each participating city.
Funding: Cost: $141,000
Source: Law Enforcement Fund
Outside Resources: None
ImpactBenefit: Approving the interlocal agreement would allow the project to move
forward and Williamson County to construct the range in accordance with
the agreement. Once complete, Round Rock police officers would have an
appropriate place at which to perform firearm training and qualification for
50 years, subject to termination clauses.
Public Comment: None Sponsor: None