Contract - Upper Brushy Creek Water Control Improvement District - 9/9/2021INTERLOCAL AGREEMENT BETWEEN
UPPER BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT 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
2021, by and between the Upper Brushy Creek Water Control and
Improvement District, 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, on the 6th day of December, 2018 the parties entered into an interlocal
agreement (the "2018 Agreement") which set forth the parties' respective roles and duties
regarding the design and construction of a new dam and inundation easement capable of impeding
the flow of flood waters in the Lake Creek Basin area ("Dam 101 "); and
WHEREAS, the District and the City desire to adopt a new Interlocal Agreement (the
"2021 Agreement") based on the terms and conditions as stated herein;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the City and the District agree as follows:
A.
Both Parties agree that in the event of any conflict of provisions between the 2018
Agreement and the 2021 Agreement, the provisions of the 2021 Agreement shall govern.
B.
TERMS AND CONDITIONS OF 2021 AGREEMENT
1. Project Description.
Dam 101 is an earthen dam and inundation easement, the purpose of which is to mitigate
regional flooding throughout the Lake Creek Watershed (the "Dam 101 Project"). The current
R,-, 2007,01 --a 2*S+
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estimated project costs, including but not limited to design, permitting, land and easement
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acquisitions, and construction, are Thirty -Four Million and NO/I 00 Dollars ($34,000,000.00).
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2. District Obligations.
a. The District shall be responsible for the design, permitting, easement and land
acquisition, construction operation and maintenance of the Dam 101 Project.
b. The District shall be responsible for the design, permitting, and construction of the
stream and wetland mitigation project ("SWMP"),, In addition, any required survey,
title work, recording, or other related SWMP costs shall also be paid by the District.
c. The District shall be responsible for the USACE required inspections and estimated
five (5) years of reporting for the SWMP. If the reporting period exceeds five (5) years,
the City shall then become responsible for the inspections and the reporting
requirements, provided the City has the appropriate staff. In the event the inspections
and reporting requirements require specialized skills not present within the existing
staff, the District shall either continue the inspection and reporting requirements or
enter into negotiations with the City for the District to reimburse the City for staffing
or third -party contracting costs associated with the required inspection and reporting
requirements.
3. City OblEafions.i
The City shall pay ten percent (10%) of the project costs i'*n an amount not to exceed Three
Million Four Hundred Thousand and No/ 100 Dollars ($3 400 000.00 as set forth below:
a. Financial Contribution:
(i) The City shall be credited for all previous payments and financial
commitments made pursuant to the reimbursement of engineering, design and
permitting costs for the Dam 101 Project set forth I*n the 2018 Agreement. The
City shall continue to reimburse the District for said costs up to not to exceed
amount of Two Million and No/100 Dollars ($2,000,000.00),,
The District acknowledges and agrees that staff time and associated expenses
were incurred when the City initially managed the Dam 101 Project.
b. SWMP Assistance:
9
(i) The City shall not require a fee or payment to execute the easements, or
similar commitments as required by USACE, for the SWMP currently
planned for the location set forth in the attached Exhl*bl*t "A" ("SWMP Site").
2.
The City agrees to commit to the long-time stewardship as required by the
USACE, including preserving the SWMP Site 14'n its newly reestablished state
in perpetuity.
The City shall consider the channel and mitigation improvements an asset
owned by the City and eligible for maintenance funding through the Drainage
U0
tility.
c. Provision of Construction Water:
(i) The City shall install a water take point on the CI*ty's west transmission line
as close as practicable to the location shown i*n the attached Exhibit "B"
("Water Take Point") , s agreed upon by the District and City.
The City shall perform, or contract to have performed at its expense, any
modifications required for establishing a take point for construction water,
including but not limited to tap installation.
The City agrees to provide the water required for the Dam 101 Project at no
cost to the District.
All of the items in this Section 3 represent the City's total financial obligations for all of
the Dam 101 Project costs. In the event additional costs are incurred or cost escalations are
experience for the Dam 101 Project, the City shall not be responsible for any other items that are
not specifically set forth I*n this Section 3.
co
MISCELLANEOUS PROVISIONS
1. Executi*on.
This Agreement may be simultaneously executed i*n 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.__m
The assignment of this Agreement by either Party is prohibited without the prior written
consent of the other Party.
3.
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. Partl*al 1nva11*d1*ty.
If any of the terms, covenants or conditions of this Agreement, or the application of any
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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.
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 i*n Williamson County, Texas and venue for
any action arising hereunder will be in Williamson County.
10,0 Third Party Beneficiaries.
Except as otherwise expressly provided
implied, i*s intended to confer upon any person,
remedies under or by reason of this Agreement.
11. Representations.
herein, nothing in this Agreement, express
other than the Parties, any rights, benefits,
Unless otherwise expressly provided, the representations,
indemnities, and other agreements will be deemed to be material and
merged, and will survive the termination or expiration of this Agreement,.
warranties,
continuing,
or
or
covenants,
will not be
4.
12e Exhibits.
All exhl*bl*ts attached to this Agreement are hereby incorporated in this Agreement as i*f the
same were set forth I*n full I*n the body of this Agreement.
13e Agreement.
This 2021 Agreement shall amend only the provisions of the 2018 Agreement as set forth
herein with no other changes i"n terms or conditions of the 2018 Agreement.
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.
(Signatures on the following pages)
5.
UPPER BRUSHY CREEK WATER C."ONTROL
AND IMPROVEMENT D fflCT
By:
Mike- Foreeman-1 Pres* ent
Date:
Attest:
Lisa Moravitz
Approved as to Form:
0--
ep7h- a'n'ide= Lon—. mia �-
re. -D""-—i�srict Attorney
rd
0 AD LF0
CITY OF ROUND ROCK, TEXAS
By: 1,14
Craig Morga , Nfayor
Date: 1.1', 744,011
Attest:
QA
L.
Sara White, City Clerk
EXHIBIT A
N
W E
S
Legend
TXRAM SAR MAP
SAR 3
- 532 LF
CANDIDATE COMPENSATORY MITIGATION SITES
SAR 4
- 367 LF
DAM 101 PROJECT
�/�/
XXXXR 5
- 120 LF
SAR 6
- 133 LF
SAR 7
- 460 LF
N
AECOM Technical Services
Parks
- 9400 Amberglen Boulevard
Austin, TX 78729
(512) 454-4797
'JICOM (512) 454-8807
www.aecom.com
TBPE Reg. No. F-3580
0 200
400
Feet
Date 6/24/2021
Project 60514934
Figure 1
LEGEND
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ANNEXATION AGREEMENT
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