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Res 15-18 Authorizing an Interlocal Agreement with Trophy Club for Illuminated Street SignsTOWN OF WESTLAKE RESOLUTION NO. 15-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE TOWN OF TROPHY CLUB RELATED TO THE REIMBURSEMENT FOR INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS. WHEREAS, the Town of Westlake desires to foster and promote region cooperative efforts; and WHEREAS, Westlake, Trophy Club, and Roanoke previously entered into a Joint Regional Government MOU to address development along the SH 114 & SH 170 corridor; and WHEREAS, Westlake has determined that the proposed internally illuminates street name signs enhancements are in keeping with the executed JRG MOU; and WHEREAS, the Town Council finds that the funding provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town of Westlake has already entered into a contract for the installation of internally illuminated street name signs for both Westlake and Trophy Club; and WHEREAS, the Town Council finds 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 l: All matters stated in the Recitals above 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 between the Town of Westlake and the Town of Trophy Club related to the reimbursement of the internally illuminates street name signs, 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 15-18 Page I of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 24TH DAY OF AUGUST, 2015. ATTEST: KelWEdwar& Town Secretary Laura Wheat, Mayor Resolution 15-18 Page 2 of 2 INTERLOCAL AGREEMENT FOR INSTALLATION OF ILLUMINATED SIGNS This Interlocal Agreement ("Agreement") is made and entered into by and between the TOWN OF WESTLAKE, a Type A General. Law Municipality located in Denton and Tarrant Counties of the State of Texas ("WESTLAKE") and, the TOWN OF TROPHY CLUB, a home rule municipality located in Denton and Tarrant Counties of the State of Texas ("TROPHY CLUB"), for the purpose of participating in a joint project to install illuminated street name signs within the the Town of Westlake (hereinafter "Project"). WHEREAS, WESTLAKE obtained proposals for the Project and contracted for the installation of illuminated street name signs within WESTLAKE; and WHEREAS, TROPHY CLUB has determined it appropriate to install illuminated street name signs within WESTLAKE; and WHEREAS, the installation of illuminated name street signs is a governmental function that each party to this Agreement is authorized to perform; and WHEREAS, the performance of that governmental function and the costs for the Project shall be paid from current revenues legally available to each party for their respective portion of the Project; and WHEREAS, the governing bodies for WESTLAKE and TROPHY CLUB find that this Agreement serves the common interest of both parties, provides for a fair division of costs between the parties as each will pay the costs of signs installed within its respective jurisdiction, and will benefit the public; and NOW, THEREFORE, WESTLAKE and TROPHY CLUB, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: SECTION 1 PROJECT DESCRIPTION WESTLAKE shall contract with a third party for the installation of illuminated street name signage within WESTLAKE, and WESTLAKE shall include in the scope of work for that contract two (2) illuminated street name signs to be installed at the intersection of Trophy Club Drive and State Highway 114 Service Road (eastbound and westbound directions) within WESTLAKE. A diagram depicting the approximate location of the signs is attached hereto and incorporated herein as Exhibit "A". The illuminated street name signs shall meet the specifications set forth in Exhibit "B", a copy of which is attached hereto and incorporated herein. WESTLAKE shall serve as the Manager for the Project. SECTION 2 CONSIDERATION In consideration for WESTLAKE's service as Manager of the Project, TROPHY CLUB shall pay WESTLAKE an amount not to exceed ELEVEN THOUSAND FOUR HUDNRED NINETY FIVE AND NO/100 DOLLARS ($11,495.00) within thirty (30) days after completion of the Project and TROPHY CLUB's acceptance of the illuminated street name signs installed within WESTLAKE. SECTION 3 MISCELLANEOUS PROVISIONS 3.01 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. 3.02 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 3.03 Entire Agreement. This Agreement represents the entire agreement between WESTLAKE and TROPHY CLUB and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument approved by the governing bodies of both WESTLAKE and TROPHY CLUB and executed by those authorized to sign on behalf of the respective governing bodies. 3.04 Immunity and Defenses. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 3.05 Severability Clause. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 3.06 Assignment. This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither of the Parties shall assign or transfer an interest in this Agreement without the express written consent of the other party. 3.07 Termination. This Agreement may be terminated in whole or in part with or without cause by WESTLAKE or TROPHY CLUB upon fifteen (15) days written notice to the other party by certified mail, return receipt requested, with notice of termination being provided to the non - terminating party and directed to the attention of the non -terminating party's Town Manager. 3.08 No Joint Venture or Agencv. The relationship between the parties to this Agreement shall not be construed or deemed to create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 3.09 Effective Date. The effective date of this Agreement shall be the last day this Agreement is approved by a party hereto as indicated on the signature blocks below (the "Effective Date"). EXECUTED in duplicate originals on the dates set forth below. TOWN OF TROPHY CLUB ATTEST: k-offly Fim es, Town Secretary Town of Trophy Club, Texas [SEAL] i Al cv TOWN OF WESTLAKE ATTEST: C. Nick Sanders, Mayor Town of Trophy Club, Texas PROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas U(, " rc lony'-hr- Kell Edwa d , Town Secretary Thomas E. Br r, Twn Manager Town of Westlake, Texas Town of Westlak as [SEAL] '�'.. Tol7, M m STATE OF TEXAS § COUNTY OF TARRANT § 0- � `1 This instrument was acknowledged before me on the day of 2015, by Thomas E. Brymer of Town of Westlake, Texas, a Type A General law municipality of the State of Texas, on behalf of said political subdivision. STATE OF TEXAS COUNTY OF co Notary Publi , State of Texas KELLY EDWARDS STATE OF TEXAS aq MYCM.Efit. U1SR�'3,iUl8 nN This instrument was acknowledged before me on the day ofPI!M 2015, by of the Town of Trophy Club, Texas, a home -rule municipal corporation, half of said political subdivision. Notary Public, Stat of Texas 0 � �.� � � �:3; -,.. �, ,' :^, ��r k: - ���� H: �:yr, k'e h' nm �_�., ' r , . ... �� ��:� � �`' , � , ;�. � j� ,. �r r � _ - {,,: ,. �� i * rr r . .;� a �, F: .. t . , 'Uro =. 'R:r �,w ` � ..' .,�� y�-. �� < <,A . 3'. i� �': � f� � r �a r;:'� Z r 4 �'*� „ r _ . . v ' --- _ . 7 .; � �cJ .�.. �� � : "�� .e�. �. ^" u r 2 r ,� . � 4� Q. �iV:+ � '• N," Lt H j r {"s� �� ��� {��- '�" ` y �' -� Lv , . . � -+ek. �, . - i..%, '"' S . : ?e � '+. 4 � r�y r , ..�MS '� � •. t , ' y �'.* � '•R7r� :' _ ,Y?' �-.��•. ., <.,�, � � �� .�s;.� `` � j/Y h ,�,:.� � `i.. �� r r °� � p�, � f�w Y, �t f ' > � `; t ( ;V r �` i a A /: ` Y.� ' i � /� 6 � ' :rs` ��" � �'�� �r . t_ � v r. 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