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Home My WebLink AboutContract 44375 (2)White Settlement Interlocal Agreement �✓�� s�C�� , . -� Page 1 of 4 COI�lTRACT N�o THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT INTERLOCAL AGREEMENT 4 This Agreement is made and entered into this �_ day of ►� , 2013, by and between the CITY OF WHITE SETTLEMENT, acting herem by and through Linda Ryan, its duly authorized City Manager, hereinafter refened to as WHITE SETTLEMENT, and THE CITY OF FORT WORTH, TEXAS, acting by and through Fernando Costa, its duly authorized Assistant City Manager, hereinafter referred to as CITY, 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, WHITE SETTLEMENT and CITY, 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 following described project 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 division of costs provided for constitutes adequate consideration to each party; said project being more particularly described as: • Installation of high water warning signs and warning flashers on Las Vegas Trail (the "Road") near and around where Heron Drive and Shoreline Drive merge in Tarrant County, Texas, a location that is overtopped with water during major storms. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: OFFICIA� ftEC06t� 20i� CITY SE�RE'TAiBY RECEIV ED APR � � �Te �110R'TH9 T� White Settlement 6iterlocal Agreement Page 2 of 4 l. SCOPE 1. WHITE SETTLELMENT grants the CITY a license to conduct studies and inspections, construct, install, repair, and maintain high-water warning signs and warning flashers within the right-of-way of Las Vegas near and around where Heron Drive and Shoreline Drive merge (the "Project") in Tarrant County, Texas. Should the CITY require additional right-of-way to accomplish the Project, the CITY will acquire at the CITY's expense without any claim for reimbursement. 2. The CITY will conduct a warrant study to evaluate the depth and frequency of water overtopping the Road, history of fatalities, rescues or citizen complaints, hazard concealment, severity of downstream threat, traffic volumes, and detour length. 3. The CITY will provide all labor and equipment necessary for the Project. 4. The CITY will prepare flasher design plans, specifications and estimates. 5. The CITY is responsible for all future maintenance of the high-water warning signs and warning flashers. 6. The CITY is responsible for all costs associated with the Project. If the CITY's installation or maintenance of the high-water warning signs and warning flashers is unsatisfactoiy to WHITE SETTLELMENT, WHITE SETTLEMENT may submit a written complaint to the CITY. The CITY must respond to written complaints within ten (10) days of receipt. II. NO AGENCY Neither WHITE SETTLELMENT nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of WHITE SETTLELMENT. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. III. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this Agreement without the prior written consent of the other party. White Settlement Interlocal Agreement Page 3 of 4 IV. THIRD PARTY BENEFICIARY EXCLUDED No person other than a party to this Agreement may bring a cause of action pursuant to this Agreement as a third party beneficiary. This Agreement may not be interpreted to waive the sovereign immunity of any party to this Agreement to the extent such party may have immunity under Texas law. V. ENTIRE AGREEMENT This Agreement represents the entire understanding of and between the parties and superseded all prior representations. This Agreement may not be varied orally, but may only be amended by written document of subsequent date duly executed by these parties. This Agreement shall be governed by the laws of the State of Texas and venue for any action under this Agreement shall be in the district courts of Tarrant County, Texas. VI. TERM & TERMINATION The CITY has 365 [days] from the date of execution of this Agreement to complete the installation of the improvements provided for herein. Upon completion of installation of the improvements the CITY shall be responsible at its own cost for maintaining these improvements and making certain that they are in good working order. This Agreement may be terminated by either party by providing at least thirty (30) days written notice to the other party. In the event of termination, any improvements associated with the Project not removed by the CITY within thirty (30) days from the date of termination shall become the property of WHITE SETTLELMENT, and may be used or disposed of by WHITE SETTLELMENT free of any claims by the CITY. VII. NOTICES Any notice or other writing required by this Agreement, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return-receipt, postage prepaid, addressed as follows: White Settlement Interlocal Agreement Page 4 of 4 WHITE SETTLELMENT: City Manager City of White Settlement 214 Meadow Park White Settlement, Texas 76108 ATTEST: �l , � , �� --J ,� - ary Kay er , �,,.�-.—�,�� City Secreta y ,�,�� ±� �" 6y Date: Authorization: � �.�� _ _ ��> Z �-�� . i `j . � �3 CITY: City Manager City of Fort Worth 1000 Throckmoi�ton St. Fort Worth, Texas 76102 CITY OF FORT WORTH ��.ilo C� Fernando Costa Assistant City Manager �F r ,�PPROVED AS TO FORM �AND LEGALITY: � `\� _, � Doug Black Assistant City Attorney ATTEST: CITY OF WHITE SETTLEMENT ,,:1� \ Amy A n ld L. City Se tary � � � C :%��, ......•�� ,* �da Ryan �F�ICVA�. �YEC�F2� CI'Tv SECR�'�'AR� �'6'. �IIORTH, �°X City Attorney M&C Review CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 3/19/2013 DATE: 3/19/2013 REFERENCE NO.: **C-26152 LOG NAME Page 1 of 1 Offlcial site of the City of Fort Worth, Texas FORT V4'ORTII ��- 20SWM ILA-WHITE SETTLEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with the City of White Settlement to Install High Water Warning Signs and Flashers on Las Vegas Trail Near the Merge of Heron Drive and Shoreline Drive (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with the City of White Settlement to install high water warning signs and flashers on Las Vegas Trail near the merge of Heron Drive and Shoreline Drive merge in Tarrant County. DISCUSSION: On August 31, 2010, the Council executed a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) to install high water warning systems along several roadways within the City of Fort Worth. The proposed project includes the installation of a system on Las Vegas Trail near the merge of Heron Drive and Shoreline Drive. This is a residential road, in the City of White Settlement just outside the City of Fort Worth's corporate limits. Staff has coordinated with the City of White Settlement Officials for the approval to install and maintain a high water warning system at the Las Vegas Trail creek crossing location. The Interlocal Agreement was approved by the City of White Settlement's Council on January 8, 2013. This project is located in COUNCIL DISTRICT 7, Mapsco 59K. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Johnny T.Jasper(7343) ATTACHMENTS ILA Whitesettlement for M&C nonexecuted by CFW.pdf MandC Interlocal Location Map.pdf http://apps.cfwnet.org/council�acicet/mc review.asp?ID=18028&councildate=3/19/2013 3/27/2013 MAYOR AND COUNCIL COMMUNICATION MAP SWM Interlocal Agreement with White Settlement Lakeside 0 wa.TER�� S%— � Lake Worth J � 2( N ��}.� ��Z� j , �. � .ac }. � '�' V PC-�A RD ,• Q�.� ' � . �' _ , , `?Y��, y�� "� ��'�,'.{'f,� , �t ' �'�r`��ry�' c�� : � �, ' ��0�� : 1�, rI'~ �;' Q�i 4� �`" , I ! I . � �Q� � � � ��,�� i ff . �t� '.'. . . ' :�..<� C%f � :, , � , � y - +��;� ;:�. I � ,��Y;�,,�� ; K-� Q Q J�, ��; �, � ti. �. y � � R J � `�e£ Vi,fi s �•',i �1� ':' � �� ~ � * �.S'�S� it� � . � �� 1}'�'1 `' '(� r� � r.�� .t..'. 'rr °,��% 1 .' .�:� j,/ [ ' .: , ! . :,' . � ♦,� . r ,i� ' � ��-`. (Stormwater,ManagementF;�� >%'� ��",, �InterlocalAgreerrientwith,k'�''� � ' �Vy1/,�hiterSettl`e`'ment �� `�l!;� y ~ v .F a �;TrF ��" �iL, i r� �'�,�� ; i�� F x�.i'�.,,, t ��,�� '!� � � rJ, r� 'r' ;�� 3�,�'� r��f''� A r.NZ., �"'��''„ � .:;��. ti :1,'4�' � . Y i' Nn a r�` .l��r'r�'�'�r i�.r�'i�� ' — �''#`��'�` _�i,.,:..t_�_"�� _ ��-4� _ .. _.. __ s.� .�.. _.:�• �� .r�-,�� 1, 500 !' 750 . 0 � v 199 � � -y� - ��,9 Lake Worth �1 O� MA �tr'-- `. `��s, � � 1,500 Ft DETAIL OF PROJECT LOCATION HER�N FOrf WOrtF� � < m � � m m � � �� ' i�i . " � � h' k�. a� ;� 1 Y� -- V;',ih. � r�. � �v d � r' � e . "` .r. i � �.. .�' ��',r+� Z'S.f'� � "{ �.-La�C@r A y ; w< <� r �;; �,�n !�� . {y .t t � i� � F �,. 41$�'�' , � }�� f+y, , -� ��;�r,e* ? �� F'lt/-. � � ��5 : 'Et`� � � '.��,y�y , 1�� Y�Yq� v .�°r(,'�,� '� �r :'.. ,� . ,, � � v A.. r -. s. � , � �,a� �.,�,b. Y; a `y� � li �fi " !l.��r T�11�!S : ; 'r •e � {5ti _♦ , �. y'. F-' ��E! YTd � �}t ' �4C5 � $Y�. . �j ••,,�,: � Y � � T� " k rl•n r , . • � �. ;, � �� - . �",.... ,, . ,. ,t`,�� L�.. �� .. � � ��.. 1r' � ' � .;',�{rr t :� � � y' .:. [.��'. , _ �� '^xC� y �� ) ST � z . White Settlement 3,0001,500 Z J Westworth Village �� Council District 7 Project No. 00124 T H E C I T Y O F �� 1•'pegervin� tfic he9ft i�reparing For The Fulupel � January 9, 2013 City Manager Tom Higgins City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 Re: Interlocal Agreement Mr. Higgins: The City Council of White Settlement approved, in an open meeting of the City Council, an Interlocal Agreement between the City of Fort Worth and the City of White Settlement for installation of high water warning signs and warning flashers on Las Vegas Trail. Two signed copies are enclosed. Please execute, returning one copy to our offices for filing and retaining one copy for your records. Feel free to contact me should you have any questions. Thank you, C o d, �c'�� Y City S retary City of White Settlement 214 Meadow Park Drive White Settlement, Texas 76108 www. wstx.us