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Res 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 049 �W ,.tom 6OF wEsr Xz T�'XAs 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