Res 2013-167/Approving an ILA w/Hays County providing for the maintenance of a future 24 inch city waterline within the County's right-of-way along Post Rd

Home Browse Search

roads constructed over the Water Line for those portions located in the County right -of -way ROW; and WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Act "); and NOW, THEREFORE, in consideration of the foregoing and mutual benefits and promises herein, the COUNTY and CITY agree as follows: Section 1. Relocation of Line The COUNTY agrees that the portions of the Water Line situated within the COUNTY right -of -way will not be relocated prior to December 31, 2044. In the event it is necessary for the COUNTY to relocate a portion of the Water Line during the term of this Agreement, COUNTY will notify CITY and CITY will relocate such portions within a reasonably practicable time. If such a relocation is necessary before December 31, 2044 the COUNTY will reimburse the CITY for the costs associated with the relocation including the costs to restore any roadway, drainage structures, or related improvements to their condition prior to such relocation. Section 2. Maintenance of Roadway Situated Over the Water Line In the event the CITY needs to access the Water Line for maintenance or repair purposes, the CITY agrees to restore any roadway, drainage structures, or related improvements altered by such access back to its previous condition before such access as much as is reasonably practical. Section 3. Term The term of this Interlocal Agreement will commence on the Effective Date, and will end upon the earlier of December 31, 2044 or the CITY has assumed control of all those portions of the COUNTY right -of -way where the Water Line is situated through annexation.