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Res 03-43 Approving a Maintenance Agreement with Tarrant County TOWN OF WESTLAKE RESOLUTION NO. 03-43 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN INTERLOCAL MAINTENANCE AGREEMENT WITH TARRANT COUNTY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby approve an Interlocal Maintenance Agreement with Tarrant County. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 28TH DAY OF JULY 2003. ATTEST: Scott Bradley,Mayor dingefl trosswy, Town Qcretary Trent O. Petty, Town:.tanager APPROVED AS TO,FORM: L. ton wn rney COMM 6 WHITLEY PCT 3 Fax:8175813603 Deg 19 2003 1001 P.04 f HE STATE OF TFX.AS KNOW ALL MIEN €3Y THESF PRESENTS COUNTY OFTARRANT CONTRACT This Agreement made and entered into this the_ day ofLAer�--- 2003, by and between the County of Tarrant, acting herein by and t i cough its governing body the Commissioners Court, hereinafter referred to as TARRANT 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,the party or parties paving for the performance of governmental functions or services shall make payments therefore fi-otn current revenues available to the paying party; and. WHEREAS,the governing,bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the d'Osion of costs provided for constitutes adequate consideration to each party; said project being more particularly described as: Cleaning and regrading ditches in the Stagecoach Hills Subdivision. WTHERFAS,the parties hereto; in order to facilitate the financing and construcrion of the needed facility, and in order to share the costs of having said work to be done, have agreed to share in the financing of said construction as hereinafter stated in detail. COMM G WHITLEY PCT 3 Fax:8175813603 Dec 19 2003 10:01 P.02 The TOWN hereby agrees that if engineering set-vices and/or storin water run-off plans are required for the project, the TOWN shall provide and pay for such services. 'The TOWN shall notify the COUNTY with thirty (30) days of completion of the project of any complaint; which the TOWN may have regarding carne. L1pon completion of the project,the TOWN shall be responsible for the maintenance of same. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given;the parties agree as follows: 1. TARRANT COUNTY agrees to clean and regrade the ditches on the streets within the Stagecoach Hills subdivision as identified by the TOWN. 2. THE TOWN agrees to pay for the cost of any itcidental materials required to complete the project. 3- TAFY ANT COUNTY agrees to provide the labor and equipment necessary to accomplish the work described. 4. THE TOWN agrees to pay for the use of county flagmen for this project. 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. 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. THE 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 follo-ing events: 1. i lie C0177pictiun 01'dW iIII prolvi)ieni prcN 1dvd for hcrei,l ur: 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. COMM G WHITLEY PCT 3 Fax:8175813603 Dec 19 2003 1001 P.03 Authorized TO ffi,c A'TTES'T': TOWN OF WFSTLAKE TAIUkkNT COLS Y ATTEST. COMY TOM VA,NDERGRIFF; , u j GLEN WHITI✓F-Y. County COMMiSSiCib.OT,PCecinct Three APPROVAL A L AS TO FORM" Af Distric Att ey's Offace '' 1'�i\ I:1\�. II1C' I}jy{t tit •�11t1i;ll� -.{ 11 ilt.l' 1�1:�:, t'I��\ ilti�l Itis. �'1 ilh�ii�1 t' �'�tl'I f"1:f1��i �t'c'.l� docurrrents on behalf'of its clients. It May not advise or approvea c<>ttu'aci o: ictal dt,Ltt,�art7l oil behalf of other parEies. Our revie"'of this document was conducted solely frog, the legal perspective of our client. Our approval of this docuiment was offer l solely fi7r the benefit of our client. Other parties should not rely on this approval,and should seek review and approval by their own, respective attornev(s).