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Res 07-19 Authorizing an Agreement with Tarrant County Regarding the Rehabilitation of J.T. Ottinger and Roanoke RoadsTOWN OF WESTLAKE RESOLUTION NO. 07-19 A RESOLUTION OF THE TOWN OF WESTLAKE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN INTER -LOCAL AGREEMENT WITH TARRANT COUNTY, TEXAS REGARDING THE REHABILITATION OF J.T. OTTINGER AND ROANOKE ROADS. WHEREAS, the Town of Westlake desires to provide residents and commuters safe and aesthetically pleasing street to travel, and WHEREAS, the Board of Aldermen finds that the inter -local agreement and improvements of J. T. Ottinger and Roanoke Roads benefit the public; and WHEREAS, the Board of Aldermen finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF WESTLAKE, TEXAS: SECTION 1. 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 Board of Aldermen of the Town of Westlake, Texas, hereby approves the Inter -Local Agreement with Tarrant County regarding the rehabilitation of J. T. Ottin er and RoanRoads, attached as Exhibit "A"; and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS 26TH DAY OF MARCH, 2007. Scott Bradley, Mayor ATTEST: Sutter, TRMC, Town Secretary Trent Petty, To anager APPROVED AS TO FORM: �X� - L. Stanton Low Attorney Northeast Sub -Courthouse 645 Grapevine Hwy., Suite 6 Hurst, TX 76054 (817) 581-3600 (817) 581-3603 - Fax April 11, 2007 Ms. Kim Sutter Town Secretary Town of Westlake 2650 J T Ottinger Road Westlake TX 76262 Dear Kim; a°°rrgar c°u�"Tr•a�p > i ra � � caro e * ®aa arae •care TARRANT COUNTY GARY FICKES COUNTY COMMISSIONER PRECINCT NO. 3 Southlake Town Hall 1400 Main Street, Suite 410 Southlake, TX 76092 (817) 481-8234 (817) 481-8053 - Fax Enclosed is a fully executed original of the Interlocal Agreement between the Town of Westlake and Tarrant County for the rehabilitation of Ottinger and Roanoke Roads. Thank you for your assistance in this matter. Sincerely, )T�d Mary An Rike Executive Secretary Enc. gficl<es@tarrantcounty.com fpp3l5 THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS CONTRACT This Agreement made and entered into this the f b day of , 2007, by and between the CC Ur,,ty of Tarrant, acting herein by and tiirough its overning body the Commissioners Court, hereinafter referred to as COUNTY, and the Town of Westlake acting herein by and through its governing body, hereinafter referred to as the TOWN, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; and WHEREAS, each governing body agrees to share in the cost of the services described below: • Rehabilitation of ^ttinger Road from 750 ft, north of Westlake's municipal facility to the Denton County line. (approximately 2,3091f). • Rehabilitation of Roanoke Road from the Keller City Limits to the south side of Daimler Chrysler Facility. (approximately 1,450 10. The TOWN hereby agrees that the TOWN will pay for any engineering and/or laboratory testing necessary for this project, and that the COUNTY will not be responsible for any payment for such services. The TOWN must notify the COUNTY within thirty days of completion of this project of any complaint the TOWN has with the proj ect. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The COUNTY agrees to provide the following work for the projects: Ottinger Road: Reclaim and recycle existing roadbed materials, incorporate a stabilization agent of the TOWN's choice, re -grade and place a two-inch HMAC surface. Roanoke Road: Reclaim and recycle existing roadbed materials, incorporate a stabilization agent of the TOWN's choice, re -grade and place a two-inch HMAC surface. 2. The COUNTY agrees to provide the labor and equipment necessary for the work proposed on the above projects. 3. The TOWN agrees to pay for the actual cost of all materials, including any delivery or freight costs. The TOWN will provide a purchase order for each vendor and will be billed directly by the material suppliers. The COUNTY may accumulate and bill the TOWN for incidental material cost. 4. The COUNTY agrees it will be responsible for traffic control on this project. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. The COUNTY will provide temporary pavement markings where specified by the TOWN. The COUNTY will be responsible for placement of all permanent pavement markings as specified by the TOWN. The TOWN agrees to reimburse the COUNTY for all traffic control expenses. 5. The TOWN will provide the COUNTY with a hydrant meter and all the water necessary for the project at no cost to the COUNTY. 6. The TOWN is responsible for the adjustment of all manholes, valves and other utilities for these projects, 7. The TOWN agrees that if a Storm Water Pollution Prevention Plan is required, the TOWN will be responsible for the design and development of the Plan. The COUNTY will be responsible for the implementation and maintenance of the Plan for the duration of the project. The TOWN further agrees to pay for all costs (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the Plan. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. TOWN agrees that the COUNTY is relying on the TOWN for notice of when to proceed with this project, but this Agreement does not require the COUNTY to do this project within any particular time frame. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. TOWN: Authorize TOWN ic'al ATTEST: TOWN Secretary TARRANT COUNTY: R. CIEN WHIT EY, Count,., Iu ge ATTE,S - COUNTY QrARY FIIVKES, tounty Commissioner Precinct Three *APPROVAL AS'"TO F District At�y's Office * By law e District Attorney's Office Tay 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 attorneys.