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HomeMy WebLinkAboutContract 50739 CITY SECRETARY CONTRACT NO. S �/ INTERLOCAL AGREEMENT BETWEEN THE CITY OF WESTWORTH VILLAGE, TEXAS AND THE CITY OF FORT WORTH, TEXAS STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is by and between the CITY OF WESTWORTH VILLAGE, a Texas Type A General Law municipality with its principle office at 311 Burton Hill Road, Westworth Village, Tarrant County, Texas 76114, (WESTWORTH VILLAGE), and the CITY OF FORT WORTH, a Texas home-rule municipality, with its principal office at 200 Texas Street, City Hall, Fort Worth, Tarrant County, Texas 76102 (FORT WORTH). WITNESSETH: WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and WHEREAS, each governing body, in performing governmental functions or in funding 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 performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, WESTWORTH VILLAGE and FORT WORTH share an alley in the 5800 block of Carb Drive (WWW) and Dennis Avenue (FW) ("Alley"), the centerline of which serves as a boundary between the cities and is currently unimproved; and WHEREAS, WESTWORTH VILLAGE desires to pave the full width of the Alley as depicted on ATTACHMENT "A" attached hereto and incorporated herein; and WHEREAS, WESTWORTH VILLAGE will maintain said pavement; and WHEREAS, FORT WORTH does not object to its half of the Alley being paved and maintained by WESTWORTH VILLAGE; NOW THEREFORE, in consideration of the above recitals and the premises and agreements, covenants and promises herein set forth, it is agreed as follows: A. CITY OF FORT WORTH hereby grants WESTWORTH VILLAGE the authority to construct and maintain pavement on FORT WORTH's half of the Alley, as shown on Attachment A; B. WESTWORTH VILLAGE will pave and maintain the Alley at its sole cost; IAL RECORD � City of Fort Worth-City of Westworth Village ILA Shared Alley CITY UL RECOR of 3 FT.WORTH,TX C. Any required traffic signs are to be installed and maintained by WESTWORTH VILLAGE; D. This AGREEMENT shall be effective upon full execution hereof, as indicated by the dates subscribed by the signatories, and shall continue in force and effect for so long as the Alley is used by the public; E. All notices or communications provided for herein shall be delivered to WESTWORTH VILLAGE and FORT WORTH and, if mailed, shall be sent to WESTWORTH VILLAGE and FORT WORTH at their respective addresses. For the purposes of notice, the addresses of the parties, until changed by written notice, are as set forth in the recitals. Notices shall be directed to: i. City of Fort Worth, Attn: ; ii. City of Westworth Village, Attn: Sterling Naron, City Administrator F. It is expressly understood and agreed that, in the execution of this AGREEMENT, no party waives, nor shall be deemed hereby to waive, any privilege, immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions; G. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this AGREEMENT are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions in this AGREEMENT shall remain in full force and effect and shall in no way be affected, impaired or invalidated; H. GOVERNING LAW. The validity of the AGREEMENT and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas; I. All actions to be taken or amounts due under this AGREEMENT shall be performed in Tarrant County, Texas. In the event that any legal proceeding is brought to enforce this AGREEMENT or any provision hereof, the same shall be brought in Tarrant County, Texas; J. This AGREEMENT contains all the terms, commitments and covenants of the parties. Any verbal or written commitment not contained in this AGREEMENT or expressly referred to in this AGREEMENT and incorporated by reference shall have no force or effect; K. The parties hereto shall make any payments called for hereunder only from current revenues legally available to each party. City of Fort Worth-City of Westworth Village ILA Shared Alley Page 2 of 3 IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this AGREEMENT to be duly executed in several counterparts, each of which is deemed to be an original, as of the date first written above. CITY OF FORT WORTH CITY OF WESTWORTH VILLAGE By: By: _S WU4r� L. Oi�-_k= $usip Alanis Sterling Naron tant City Manager City Administrator Date: S Date: LI- ]� - 18 ATTEST: ATTEST: By: By: kr J. Kayser Brandy G. reitCty Secretary �ON.F�Rr�O City Secretary (SEAL) �; ;� (SORTH * r .............. Contract Compliance Manag •'�• •- • By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Title: Senior Professional Engineer APPROVED AS TO FORM and Legality Approved as to Form and Legality EZL�' /Jo i Douglas W Black Ashley D. Dierker Sr. Assistant City Attorney City Attorney, Westworth Village OFFICIAL RECORD City of Fort Worth-City of Westworth Village ILA Shared Alley CITY SECRETARY Page 3 of 3 FT.WORTH TX I _ u _ 0 CITYOFVY .WESTORTIi VILLAGE,' § �� 0 w y -- -- — o w t �ROPm ED ALLEYWAY PAVING IMPROVEMENTS tri 566E BLOCK OF CARE DRIVE(WESTWORTH VILLAGE)A-4) - �" I ' SBrn BLOCKOF DENNIS AVENUE(FORT WORTIII � U CARE DRIVE CARBQRIVE CITY OF FORT WORTH 7L 1 b� of �rpa _l } QENNfS AVENUE 2 € Sn k k i 3� / C t WOO FORTWORTH A