Loading...
HomeMy WebLinkAboutRes 08-58 Entering an Agreement with Tarrant County Regarding Brush Clearance and Culvert InstallationTOWN OF WESTLAKE RESOLUTION NO. 08-58 ENTERING INTO AN INTER -LOCAL AGREEMENT WITH TARRANT COUNTY, TEXAS REGARDING BRUSH CLEARANCE AND CULVERT INSTALLATION ON PRECINCT LINE ROAD; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Town of Westlake desires to maintain public drainage facilities; and WHEREAS, the Board of Aldermen finds that the Inter -local agreement and Precinct Line Road drainage improvements benefit the public; and WHEREAS, the Board of Aldermen finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO 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. THAT, the Board of Aldermen of the Town of Westlake, Texas, hereby approves the Inter -Local Agreement with the Tarrant County relating to the provision of brush clearance and culvert installation, attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS 27 DAY OF OCTOBER 2008, ATTEST: utter TRMC, Town Secretary APPROV D AST FORM: L. Stanton Ivry, Town Attorney e94'. �� 1�� Laura Wheat, Mayor THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT - This Agreement made and entered into this the-0—day of 2008, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as COUNTY, and the Town of Westlake acting herein by and through its governing body, hereinafter referred to as the TOWN, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; and WHEREAS, each governing body agrees to share in the cost of the services described below: • Clear brush, trees, and excess silt and install a metal culvert south of the intersection of Precinct Line Road and Sabine Drive The TOWN hereby agrees that the TOWN will pay for any engineering and/or laboratory testing necessary for this project, and that the COUNTY will not be responsible for any payment for such services. The TOWN must notify the COUNTY within thirty days of completion of this project of any complaint the TOWN has with the project. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The COUNTY agrees to provide the following work for the project: Clear brush, trees, and excess silt in the storm water drainage channel 200 feet south of the intersection of Precinct Line Road and Sabine Drive. Install a metal culvert to transfer storm water under the road from one side of Precinct Line Road to the other side. This is a temporary relief project that will be upgraded with the expansion of FM 193 8. 2. The COUNTY agrees to provide the labor and equipment necessary for the work proposed on the above project. 3. The TOWN agrees to pay for the actual cost of all materials, including any delivery or freight costs. The TOWN will provide a purchase order for each vendor and will be billed directly by the material suppliers. The COUNTY may accumulate and bill the TOWN for incidental material cost. 4. The COUNTY agrees it will be responsible for traffic control on this project. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. The COUNTY will provide temporary pavement markings where specified by the TOWN. The COUNTY will be responsible for placement of all permanent pavement markings as specified by the TOWN. The TOWN agrees to reimburse the COUNTY for all traffic control expenses. 5. The TOWN will provide the COUNTY with a hydrant meter and all the water necessary for the project at no cost to the COUNTY. 6. The TOWN is responsible for the adjustment of all manholes, valves and other utilities for these projects. 7. The TOWN agrees that if a Storm Water Pollution Prevention Plan is required, the TOWN will be responsible for the design, development and installation of the Plan. The COUNTY will be responsible for the maintenance of the Plan for the duration of the project. The TOWN further agrees to pay for all costs, (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the Plan. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any parry as an agent of any other party, for any purpose whatsoever. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. TOWN agrees that the COUNTY is relying on the TOWN for notice of when to proceed with this project, but this Agreement does not require the COUNTY to do this project within any particular time frame. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. ATTEST: TOWN 10�VW/Necretary ATTEST: COUNTY TOWN: TARRANT COUNTY: GLEN B. WHITLEY, County F! I A - GARY FICKES, County Commissioner Precinct Three *APPROVAL AS TO FORM: District Atto 's Office * By law, t 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 attorneys.