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Res 11-13 Approving a Memorandum of Understanding with the Town of Trophy Club and City of Roanoke TOWN OF WESTLAKE RESOLUTION 11-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A MEMORANDUM OF UNDERSTANDING AGREEING IN PRINCIPAL TO PURSUE VARIOUS INTERGOVERNMENTAL INITIATIVES VIA THE JOINT REGIONAL GOVERNMENTS OF WESTLAKE, TROPHY CLUB, AND ROANOKE. WHEREAS, the Westlake Town Council has identified intergovernmental cooperation as a strategic priority; and, WHEREAS, intergovernmental cooperation supports the Town's Strategic Plan Vision Point Two-We are Leaders under the Key Result Area of"high quality services delivery coupled with financial stewardship"; and, WHEREAS, the Westlake Town Council has reviewed this Memorandum of Understanding (MOU) as well as discussed it in a joint session with the governing bodies of the Town of Trophy Club and the City of Roanoke, with all three governing bodies agreeing to consider approval of this MOU; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. 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: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the attached Memorandum of Understanding (MOU) with the Town of Trophy Club and the City of Roanoke attached hereto as Exhibit "A". and further authorizes the Town Manager and Mayor to execute said agreement on behalf of the Town of Westlake. 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 11-13 Page 1 of 2 SECTION 4: That this resolution shall become effective froze and after its date of passage. PASSED AND APPROVED ON THIS 25 T'DAY OF APRIL 2011. OF ATTEST: mLaura L. Wheat,Mayor YAS Kelly Edwar4k, Town Secretary Thomas E. B er Town Manager APPROVED AS TO F L. �anton L - own orney Resolution 11-13 Page 2 of 2 MEMORANDUM OF UNDERSTANDING REGARDING THE JOINT REGIONAL LOCAL GOVERNMENTS This Memorandum of Understanding (MOU), entered into this 4h day of April, 2011, by and between the JOINT REGIONAL LOCAL GOVERNMENTS ("JRLG"); Town of Trophy Club ("Trophy Club"), the Town of Westlake ("Westlake"), and the City of Roanoke ("Roanoke"), all three of which may collectively be referred to herein as the "JRLG": WHEREAS, the local governments which constitute the JRLG have in the past worked cooperatively with one another, but wish to enhance that level of cooperation to the further benefit of all the citizens, businesses, and property owners located within each local government that comprise the JRLG; and WHEREAS, the JRLG recognizes and acknowledges that each local government represented in this MOU is an independent unit of local government with its own sovereignty and ability to make its own decisions; and WHEREAS, the JRLG further recognizes that each entity has its own unique perspectives and may have differing philosophical views held by their respective policy makers and citizens on specific issues, services, and projects, as well as differing regulatory schemes, but nonetheless, each understands that there are numerous areas where cooperative common ground can be forged to the benefit of all the citizens, businesses, and property owners that comprise each local government within the JRLG; and WHEREAS, the JRLG and its four local government members recognize that there are certain values that each have in common in developing policy and vision outcomes for preserving and improving the character of their contiguous boundary areas, as well as opportunities of mutual interest for pooling of resources in cooperative efforts that reduce duplication of services and/or facilities, as well as provide for efficiencies in service delivery that are of mutual benefit; and WHEREAS, as a result of current and anticipated growth and development in the communities and local governments of the JRLG, that each local government that is a party to this MOU recognizes the need for on-going, regular communication, collaboration, and exchange of information to resolve issues, deal with growth, and maintain, as well as improve, the quality of life for their respective citizens; NOW THEREFORE, in consideration of the mutual considerations and understandings of the parties, the local governments of the JRLG enter into this Memorandum of Understanding, as follows: SECTION I: PLANNING, DEVELOPMENT AND PHYSICAL GROWTH RELATED COOPERATIVE EFFORTS A. General. Each JRLG local government clearly understands the impact growth and development has played in shaping this area and each recognizes the importance of proactive, visionary planning as the chief tool to properly deal with growth. As such the JRLG agrees to work cooperatively at the both the staff and elected officials level in the following areas to improve the planning, standards, and type of future growth that the JRLG will experience in their shared boundary areas as shown on attached Exhibit A to this MOU, to include, but not be limited to the following: 1 1. Development Projects/Zoning Change Requests. The JRLG will notify the staff of each member of the JRLG of any development projects or zoning change requests in the areas shown in Exhibit A and allow employees of each of the local governments that comprise the JRLG to attend and make comment at development review meetings for these projects. For the purposes of this MQU, development projects shall include plats, site plans, building elevations, landscaping, and lighting. It is recognized that each member of the JRLG retains authority to make decisions regarding all development projects located in their respective jurisdiction. However, the JRLG member in whose boundaries a development project is located shall agree to extend reasonable efforts to take into consideration and deliberation the views, plans, and development standards of the other JRLG member or members in its review of development projects. 2. Traffic. The JRLG agrees to share traffic impact analysis for all development projects and/or zoning change requests for property located along the areas represented in Exhibit A as well as any traffic count information conducted for those areas. 3. AccesslTraffic Signal Locations. The JRLG agrees to work to coordinate pedestrian and vehicle ingress/egress access points for all development projects located along the areas represented in Exhibit A, as well as work to coordinate intersections planned for Exhibit A and to mesh their thoroughfareltransportation plans to create intersections that optimize traffic mobility. Along State roadways shown on Exhibit A, efforts will be made to consolidate access points and require deceleration lanes to enhance safety and traffic movement on these roadways. Further, for proposed new traffic signals for intersections located in the area shown in Exhibit A, the JRLG agrees to coordinate and work towards mutual agreement for all traffic signal warrant studies and traffic signal location. 4. Storm Water. The JRLG agrees that for development projects located in Exhibit A, adequate opportunity to review storm water runoff flows from the development site will be afforded to members of the JRLG that receive those flows downstream from the subject development site and that reasonable efforts will be made to mitigate downstream impact of those storm water runoff flows including examining and discussing opportunities for regional storm water management facilities. 5. Master Plans. The JRLG agrees to work to coordinate and advise each local government comprising the JRLG of any proposed changes to their comprehensive plan for areas located in Exhibit A. These comprehensive plan changes may include, but are not limited to, the land use plan as well its subsidiary plans. Plans subsidiary to the comprehensive plan may include, but are not limited to the, thoroughfare plan (including pedestrian, bikeways, and motor vehicle), parks and open space plan (including trails), and utility master plans. JRLG members that are proposing changes to their comprehensive plan in areas located in Exhibit A shall provide affected JRLG members adequate time and opportunity to comment to their staff, governing body, and planning and zoning commission regarding these proposed changes prior to any changes being made. 6. Corridor Plans. The JRLG acknowledges that the State controlled roadways shown in Exhibit A represent significant corridors for each JRLG local government, the development of which will create a distinct visual identity and sense of place for each community. As such, these State roadways provide significant opportunities for the JRLG to develop high profile and distinctive view corridors with a strong emphasis on high aesthetic appeal and standards that feature high quality land use, architecture, landscaping, coordinated zoning, zoning overlays, and signage. The JRLG agrees to place a priority on the development of these corridors utilizing these tools to create this unique sense of place, as well as work to minimize with stringent aesthetic requirements, the visual impact of oil/gas drilling and production sites located in these corridors as shown in Exhibit A. 7. Streetscaping/Landscaping Plans. The JRLG recognizes the State controlled roadways shown in Exhibit A represent significant visual corridors for each JRLG local government and, as such, merit consideration as major portal/gateways into their respective community. The JRLG agree to coordinate streetscape and landscape plans for these corridors with special emphasis on coordinating streetscape and public art locations along these roadways. Streetscape treatments along these State roadways can include, but are not limited to, roadway intersections, street lighting fixtures, way finding, public art, traffic signal standards, bridges/overpasses, sidewalks, street trees, water features, and screening wall treatments. 8. Development Standards. While each JLRG local government has its own development standards, it is recognized that some standards may set a stronger visual standard than others. Where this situation occurs for development projects located in the areas shown in Exhibit A, the JRLG will strive to default to and utilize the highest standard of the JRLG members, particularly as it relates to landscaping and landscape buffer areas SECTIO_N II: PARKS, TRAILS, AND PUBLIC FACILITY RELATED COOPERATIVE EFFORTS All JRLG local governments agree and recognize that opportunities should be continuously be pursued and identified by both staff and elected officials to collaborate on partnership opportunities for new joint parks, trails, and public building opportunities to optimize financial resources and avoid facility duplication. For that reason, the JRLG agrees to work cooperatively to coordinate development of their parks and trail systems, link each local government's trail systems with those of other JRLG members, and pursue joint park, greenway, trail, recreation facility, and public building development opportunities. Additionally, to maximize the use of existing public assets and avoid duplication, it is agreed by the JRLG to pursue opportunities to share use of existing public buildings such as, but not limited to, gymnasiums, class rooms, libraries, community centers, recreation centers, subject to mutually agreeable terms and conditions being negotiated between the respective JRLG local governments. SECTION III: PUBLIC WORKS INFRASTRUCTURE RELATED COOPERATIVE EFFORTS The local governments of the JRLG value the pursuit of public works infrastructure projects recognizing that transportation, storm water, utility, traffic, and other such projects deal with issues and needs that extend beyond each jurisdiction's corporate boundaries. The JRLG agrees and recognizes that opportunities should be continuously be pursued and identified by both staff and elected officials to collaborate on public works infrastructure projects and partnership opportunities for joint road, street, storm water, traffic, utility, and other opportunities to optimize financial resources and avoid infrastructure duplication. SECTION IV: JOINT SERVICE DELIVERY RELATED COOPERATIVE EFFORTS The JRLG agrees to consider and pursue opportunities for service delivery collaboration in the many areas of daily service delivery provided by the members of the JRLG including, but not limited to, street maintenance, drainage maintenance, equipment exchanges, public safety, traffic system maintenance, special events, employee benefit components, and others as may be identified. SECTION V: JOINT PURCHASING The JRLG agrees to identify and pursue on an on-going basis collaborative opportunities to jointly bid and/or purchase goods and services that all or some of the local governments comprising the JRLG need for service delivery. This also may include joint opportunities to sell surplus used equipment. SECTION VI: GENERAL PROVISIONS A. General. While this MOU represents a commitment by the JRLG to pursue the cooperative efforts outlined above; it shall be subject to the following: 1. Infrastructure and Development Standards. Each member of the JRLG shall retain authority to make decisions about the specific cooperative efforts described in this MOU based upon their respective infrastructure and development standards or specifications. However, in an effort to achieve uniform functionality for the roadways crossing jurisdictional boundaries and to address safety concerns for the traveling public, JRLG members agree to endeavor to develop and implement a unified standard and classification for roadways crossing jurisdictional boundaries. The parties agree that the standards set forth in the North Central Texas Council of Governments Standard Specifications for Public Works Construction will be utilized as a guide in making determinations of the scope and extent of improvements to such roadways. 2. Adequate Time for JRLG Members' Input. The JRLG will strive, without unreasonable delay to JRLG members, to ensure that each JRLG member will be afforded reasonable early notification and involvement into the discussion of the various types of considerations outlined in this MOU thus allowing sufficient time for the JRLG members to review proposals, projects, agreements, etc. and provide comments and feedback to the approving JRLG member (i.e. - the member in whose jurisdictional boundaries the project is located). 3. Recognition of Other Existing Legal Requirements for JRLG Members. Nothing in this MOU shall be construed as limiting or affecting in any way the authority or legal responsibility of any JRLG member to act in accordance with any applicable Federal, State or local laws, regulations or requirements. Additionally, this MOU shall not be interpreted in such a way as to require that any funding or appropriations be required on the part of any party to this MOU. Nothing in this MOU shall be construed as waiving any right, defense, privilege, and/or immunity afforded any of the participating JRLG members. 4. MOU Requires Subsequent Agreements to Obligate JRLG Members. Nothing in this MOU shall obligate the JRLG or its members to obligate, budget, appropriate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the parties will require execution of separate agreements and be contingent upon the availability of appropriated funds and the approval of the governing body of the affected local government member of the JRLG. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution and administration of each such agreement must comply with all applicable statutes and regulations. 5. Future Amendments. The parties to this MOU agree that from time to time this MOU may be amended by its member local governments and where mutually agreed and approved by all the JRLG members existing at the time of the proposed amendment, other local governments be added as parties to this MOU and became members of the JRLG. 6. Authority to Sign This MOU. By signature, the local governments below certify that the individuals listed in this document as representatives of the local governments' party to this MOU are authorized to act in their respective areas for matters related to this MOU and that the governing bodies of each of the local governments comprising the JRLG have each individually approved this MOU. TOWN OF TROPHY CLUB By'Mayor, `nnie Wh'te By T wn anager, alike Slye ATTEST: / Town Secretary, Shannon DePrater TOWN OF WESTLAKE By Ma au a Wphq a t Town Manager, ThomasBry er �ot%N OF wFs� ATTEST: M By Tov6 Secr Wary, Kelly Edwards CITY OF ROAN KE TFX�q S zy< -- By Mayor, Scooter h By City M eager, Jimmy Stathatos ATT ES . lr \ i City Secretary, April Hill i i Qooa _� TOWN OF CITY OF 1SM TROPHY CLUB ROANOKE �._,•3a� �1 HENPIETTA[PEER Rp. RISK S•/� h' n>•,NroN courTx ——— —————--- 'I' ———— C]TY OF TAS UNT COUNMW —• — SOUTHLAKE �} CITY OF 1� BLV F' FORT WORTH eooxiR e��,aa° ° 1Y01R1 LIMIT—•.—.•.•• r SIAIIGN gg E slAtiofi � _ r, —..—..—..,,i Ix .._ 65 acr W onR TRAIL � x LrtNE � �����•� IIJ —•FPMNUNIT•_••—••—•� ; � w, P sar S _ •�. 3 CITY OF ........... 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