HomeMy WebLinkAboutRes 03-43 Approving a Maintenance Agreement with Tarrant County TOWN OF WESTLAKE
RESOLUTION NO. 03-43
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, APPROVING AN INTERLOCAL MAINTENANCE
AGREEMENT WITH TARRANT COUNTY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE,TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby
approve an Interlocal Maintenance Agreement with Tarrant County.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF JULY 2003.
ATTEST: Scott Bradley,Mayor
dingefl trosswy, Town Qcretary Trent O. Petty, Town:.tanager
APPROVED AS TO,FORM:
L. ton wn rney
COMM 6 WHITLEY PCT 3 Fax:8175813603 Deg 19 2003 1001 P.04
f
HE STATE OF TFX.AS
KNOW ALL MIEN €3Y THESF PRESENTS
COUNTY OFTARRANT
CONTRACT
This Agreement made and entered into this the_ day ofLAer�---
2003,
by and between the County of Tarrant, acting herein by and t i cough its governing body the
Commissioners Court, hereinafter referred to as TARRANT 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,the party or parties paving for the performance of governmental functions or
services shall make payments therefore fi-otn current revenues available to the paying party; and.
WHEREAS,the governing,bodies of the two parties find that the project or undertaking
is necessary for the benefit of the public and that each party has the legal authority to build or
maintain the project or to provide such service, and the construction and improvement thereof is
in the common interest of both parties hereto; and that the d'Osion of costs provided for
constitutes adequate consideration to each party; said project being more particularly described
as:
Cleaning and regrading ditches in the Stagecoach Hills Subdivision.
WTHERFAS,the parties hereto; in order to facilitate the financing and construcrion of the
needed facility, and in order to share the costs of having said work to be done, have agreed to
share in the financing of said construction as hereinafter stated in detail.
COMM G WHITLEY PCT 3 Fax:8175813603 Dec 19 2003 10:01 P.02
The TOWN hereby agrees that if engineering set-vices and/or storin water run-off plans
are required for the project, the TOWN shall provide and pay for such services. 'The TOWN
shall notify the COUNTY with thirty (30) days of completion of the project of any complaint;
which the TOWN may have regarding carne. L1pon completion of the project,the TOWN shall be
responsible for the maintenance of same.
For and in consideration of the mutual undertaking hereinafter set forth and for adequate
consideration given;the parties agree as follows:
1. TARRANT COUNTY agrees to clean and regrade the ditches on the streets within
the Stagecoach Hills subdivision as identified by the TOWN.
2. THE TOWN agrees to pay for the cost of any itcidental materials required to
complete the project.
3- TAFY ANT COUNTY agrees to provide the labor and equipment necessary to
accomplish the work described.
4. THE TOWN agrees to pay for the use of county flagmen for this project.
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.
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. THE
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 follo-ing
events:
1. i lie C0177pictiun 01'dW iIII prolvi)ieni prcN 1dvd for hcrei,l ur:
2. At the end of one (1) year from date herein, unless renewed by both parties in
writing.
COMM G WHITLEY PCT 3 Fax:8175813603 Dec 19 2003 1001 P.03
Authorized TO ffi,c
A'TTES'T': TOWN OF WFSTLAKE
TAIUkkNT COLS Y
ATTEST. COMY
TOM VA,NDERGRIFF; , u j
GLEN WHITI✓F-Y.
County COMMiSSiCib.OT,PCecinct Three
APPROVAL A L AS TO FORM"
Af
Distric Att ey's Offace
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docurrrents on behalf'of its clients. It May not advise or approvea c<>ttu'aci o: ictal dt,Ltt,�art7l oil
behalf of other parEies. Our revie"'of this document was conducted solely frog, the legal
perspective of our client. Our approval of this docuiment was offer l solely fi7r the benefit of our
client. Other parties should not rely on this approval,and should seek review and approval by
their own, respective attornev(s).