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Res 10-17 Entering into an Agreement with Tarrant County for Road Pavement and Drainage Ditch Repairs TOWN OF WESTLAKE RESOLUTION NO. 10-17 A RESOLUTION OF THE TOWN OF WESTLAKE TOWN COUNIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN INTER-LOCAL AGREEMENT WITH TARRANT COUNTY, TEXAS REGARDING DOVE ROAD PAVEMENT AND DRAINAGE DITCH REPAIRS; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS,Westlake desires to maintain public drainage facilities; and, WHEREAS, the Town Council finds that the inter-local agreement and drainage improvements benefit the public; 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 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 Inter-Local Agreement with the Tarrant County relating to the provision of pavement and drainage ditch repairs, attached hereto as Exhibit "A; and further authorizes the Town Manager to execute said 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. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 10-17 Page 1 of 2 PASSED AND APPROVED ON THIS 28T" DAY OF JUNE 2010. ATTEST: ' M Laura L. Wheat, Mayor 8 Kell Edwards, Town Secretary Thomas E TowiTManager APPROVED ASJ T O L. tanton Lo ry, Attorney Resolution 10-17 Page 2 of 2 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT 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 Town Council of the TOWN each find: 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. The Parties therefore agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY COUNTY will furnish the labor and equipment for the following project: Dove Road: From Ottinger Road to Pearson Road, clean and re-shape storm water drainage ditches using flex base and install asphalt ditch slopes in specified areas to control erosion. 2. TOWN RESPONSIBILITY 2.1 TOWN will furnish all materials for the project and pay trucking charges. 2.2 TOWN will furnish a staging area and a site for dumping waste materials generated during this project. 2.3 TOWN will furnish all rights of way, plan specifications and engineering drawings. 1 2.4 TOWN will furnish/or pay for necessary traffic controls to redirect traffic flow to alternate lanes during the construction phase of the project, and 2.5 TOWN will provide/ or pay for temporary driving lane markings. 2.6 TOWN will provide a water meter and water for the project. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this project. If the TOWN has a complaint regarding the construction of the project, the TOWN must complain in writing to the COUNTY within 30 days of project completion. Upon expiration of 30 days after project completion, the TOWN becomes responsible for maintenance of the project. 4. 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. 5. OPTIONAL SERVICES 5.1 If requested by TOWN, the COUNTY may apply permanent striping; 5.2 If necessary, COUNTY may furnish flag persons; 5.3 If required, the TOWN will pay for engineering services, storm water run-off plans, and continuation of services and plan; 6. TIME PERIOD FOR COMPLETION TOWN will give the COUNTY notice to proceed- at the appropriate time. However, COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY The parties do not enter into this contract to protect any specific third party. The intent of this contract 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. S. JOINT VENTURE & AGENCY The relationship between the parties to this contract does not create a partnership or joint venture between the parties. This agreement does not appoint any party as agent for the other party. 2 9. EFFECTIVE DATE This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. TOWN OF WESTLAKE COUNTY OF TARRANT B. Glen Whitley, County JuXe Date: U Date: r7--Z-7- 10 HCl OF ,teary Fickes, Commissioner Pct 3 X10 * Cy Date: —7- Z-7- 10 Attest: Attest: TEAS CXon U U1 APPROVED S TO FORM APPROVED A§��Q FOR T A torn Assista[ istrict Attorney 3