HomeMy WebLinkAboutRes 12-16 Authorizing an Agreement with Tarrant County for Installation of a Traffic SignalTOWN OF WESTLAKE
RESOLUTION NO. 12-16
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTER -LOCAL
AGREEMENT WITH TARRANT COUNTY, TEXAS REGARDING THE
INSTALLATION OF A TRAFFIC SIGNAL BY THE TEXAS DEPARTMENT OF
TRANSPORTATION AT THE INTERSECTION OF WESTPORT PARKWAY AND US
HWY 377.
WHEREAS, the Town of Westlake desires to foster and promote region transportation
efforts; and
WHEREAS, the installation of a traffic signal at the Westport Parkway and US Hwy 377
intersection will allow for the installation of a rail road quiet zone that will benefit neighboring
residents and property owners; and
WHEREAS, the Town Council finds that funding for the signal is necessary for a quiet
zone to be constructed; and
WHEREAS, the Town Council finds that the signal funding provides sound
infrastructure planning consistent with goals and objectives within the adopted strategic plan;
and
WHEREAS, the Town Council fords that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Town Council of the Town of Westlake hereby approves the ILA with
Tarrant County for installation of a traffic signal by the Texas Department of Transportation at
the intersection of Westport Parkway and US Hwy. 377, attached as Exhibit "A'; and further
authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake,
Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 12-16
Page 1 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 23r' DAY OF APRIL2012.
ATTEST:
KelWEdwardQ Town Secretary
APPROVED AS TO FORM:
Laura L. Wheat, Mayor
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Resolution 12-16
Page 2 of 2
THE STATE OF TEXAS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
BACKGROUND
This Interlocal Agreement is between County of Tarrant ("COUNTY"), and
the Town of Westlake ("TOWN');
Sections 791.001 — 791.029 of the Texas Government Code provide legal
authority for this Agreement;
During the performance of the governmental functions and the payment
for the performance of those governmental functions the parties will make the
performance and payment from current revenues legally available to that party;
and
The Commissioners Court of the COUNTY and the Board of Aldermen of
the TOWN each find:
below:
a. This Agreement serves the common interest of both parties;
b. This Agreement will benefit the public;
C. The division of costs fairly compensates both parties to this
Agreement; and
d. The TOWN and COUNTY have authorized their representative to
sign this Agreement.
e. The signal will be in the Town of Westlake, but is a regional
transportation effort.
TERMS AND CONDITIONS
Each governing body agrees to share in the cost of the project described
Installation of a traffic signal by the Texas Department of
Transportation at the intersection of Westport Parkway and SH 377
In order to finance the construction of the needed installation, the parties
agree to the following cost share for this project:
The total cost of the project is $150,000.00 with the City of Keller
and the Town of Westlake each contributing $50,000.00 and
Tarrant County contributing $50,000.00.
1
Signal construction shall comport to the Town of Westlake
streetscape standards with the TOWN having final design approval
up to and including signal and lighting enhancements. However,
the cost for the County is capped at no more than $50,000.00. Any
enhancement beyond a TxDOT standard traffic signal will be the
responsibility of TOWN.
1. COUNTY RESPONSIBILITY
COUNTY will perform as Project Manager for the project
2. TOWN RESPONSIBILITY
TOWN will contribute $50,000.00 as its share of the project
3. NO WAIVER OF IMMUNITY
This Agreement does not waive COUNTY rights under a legal theory of
sovereign immunity. This Agreement does not waive TOWN rights under a legal
theory of sovereign immunity.
4. THIRD PARTY
The parties do not enter into this contract to protect any specific third party. The
intent of this Agreement excludes the idea of a suit by a third party beneficiary.
The parties to this Agreement do not consent to the waiver of sovereign immunity
under Texas law to the extent any party may have immunity under Texas law.
5. JOINT VENTURE AND AGENCY
The relationship between the parties to this Agreement does not create a
partnership or joint venture between the parties. This Agreement does not
appoint any party as agent for the other party.
6. TIME PERIOD FOR COMPLETION
After ten years from the date of this Agreement, the funding will revert back to
TOWN if the signal installation is not operational.
7. EFFECTIVE DATE
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed.
2
TOWN OF WESTLAKE
Date: 4 L 12-
7N
Attest: TE x '
COUNTY OF TARRANT
B. Glen Whitley, County Jud
Date: 5-1- IZ.
ary Fick s, Commissioner Pct 3
Date: 5 - 1- 1 -
Attest:
IN 0 .
APPROVED AS TO FORM
f�
Assistant/D�strict Attorney
By law, the District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal
document on behalf of other parties. Our review of this document was conducted solely
from the legal perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this approval, and
should seek review and approval by their own respective attorney(s).
WESTLAKE-TARRANT COUNTY ILA EXHIBIT
PROPOSED TRAFFIC SIGNAL AT US 377 AND WESPORT PARKWAY
4/23/2012