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Res 12-38 Authorizing an Agreement with Trophy Club and the City of Roanoke for Painting EnhancementsTOWN OF WESTLAKE RESOLUTION NO. 12-38 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, THE TOWN OF TROPHY CLUB, AND THE CITY OF ROANOKE, RELATED TO THE REIMBURSEMENT OF THE SH 114/170 INTERCHANGE RE -PAINTING ENHANCEMENTS. 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 re -painting 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 is willing to contract with TxDOT for the proposed re -painting enhancements with both Trophy Club and Roanoke reimbursing Westlake their proportionate costs; and WHEREAS, the Town Council fmds 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. 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, the Town of Trophy Club, and City of Roanoke related to the reimbursement of the SH 114/170 interchange re -painting enhancements, 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 12-38 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 10TH DAY OF DECEMBER, 2012. ATTEST: Kelly AdwardQTown Secretary Lau a Wheat, ayor Tom Bry o n Manager Resolution 12-38 Page 2 of 2 THE STATE OF TEXAS COUNTY OF TARRANT BACKGROUND INTERLOCAL AGREEMENT This Interlocal Agreement is between the Town of Westlake ("WESTLAKE"), the Town of Trophy Club ("TROPHY CLUB"), and the City of Roanoke ("ROANOKE"); 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 respective Council of each municipality find: 1. This Agreement serves the common interest of both parties; 2. This Agreement will benefit the public; 3. The division of costs fairly compensates all parties to this Agreement; and 4. The WESTLKE, TROPHY CLUB and ROANOKE have authorized their representative to sign this Agreement. 5. A majority of the work is located within the Town of Westlake, but it is considered a regional corridor effort. TERMS AND CONDITIONS Each governing body agrees to share in the cost of the project described below: Re -painting of the existing sound wall and bridges within the limits of the SH 114/170 interchange project limits as identified in the "Re -Painting Cost Breakdown" table below. 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 $224,432.87 with each municipality contributing a proportionate share of the costs for the proposed re -painting enhancements as identified in the "Re -Painting Cost Breakdown" table below. Re -Painting Cost Breakdown All 3 Bridges and Sound Wall Sound Wall $43,230.27 Trophy Lake Bridge $20,783.04 Trophy Club Bridge $55,225.00 Lois Street Bridge $59,948.57 Incidental Costs $16,824.36 TxDOT Overhead $28,421.63 TOTAL $224,432.87 Westlake Proportionate Cost $74,810.97 Trophy Club Proportionate Cost $74,810.95 Roanoke Proportionate Cost $74,810.95 1. WESTLAKE RESPONSIBILITY WESTLAKE will perform as Project contact to TROPHY CLUB and ROANOKE for the project. WESTLAKE will pay its proportionate share of the project cost. 2. TROPHY CLUB AND ROANOKE RESPONSIBILITY TROPHY CLUB AND ROANOKE will each pay its proportionate share of the project 3. NO WAIVER OF IMMUNITY This Agreement does not waive WESTLAKE rights under a legal theory of sovereign immunity. This Agreement does not waive TROPHY CLUB rights under a legal theory of sovereign immunity. This Agreement does not waive ROANOKE 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 parry 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 The funding will revert back to each municipality if the re -painting work is not completed by the Texas Department of Transportation (TxDOT) and TxDOT has refunded the amount paid initially by the town of Westlake through a separate Advance Funding Agreement with TxDOT for the above referenced project. 7. PAYMENT Payment to WESTLAKE will be made by TROPHY CLUB and ROANOKE for their proportionate shared costs as identified in the table above, "Re -Painting Cost Breakdown," within 30 days of WESTLAKE' S payment to TxDOT. 8. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 3 TOWN OF WESTLAKE IA -a t',,(i ��V_zl/ By Mayor, Laura Wheat 1 MEE. Brymer ATTEST: By To6n Ser ary, Kelly Edwards X AS TOWN OF TROPHY CLUB Mayor, Connie By Town Manager, Mike Slye ATTEST: Secretary, Shannon DePrater CITY OF ROANOKE OZZL-r By Mayor, Scooter dierisch (�5zo�- By City anager, Jimmy Stathatos ATTEST: ecretary, April Hill