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HomeMy WebLinkAboutContract 17722 //7 contz- CITY SECRETI'M INTERLOCAL AGREEMENT CONTRACT NCE22: Date This Agreement made and entered into this, the day of March, 1990, by and between the City of Fort Worth, acting herein by and through Ramon Guajardo, its duly authorized Assistant City Manager, hereinafter called "Fort Worth" , and the City of Kennedale, acting herein by and through Ted Rowe, its duly authorized City Administrator, hereinafter referred to as "Kennedale" . WHEREAS, this Agreement is made pursuant to and in strict compliance with the provisions and dictates of Article 4413 ( 32c ) , V. T .C . S . , more particularly known as the Interlocal Cooperation Act; and WHEREAS, the entrance to the City of Fort Worth's Southeast Landfill is located along Dick Price Road; and WHEREAS, Dick Price Road lies within the jurisdiction of the City of Kennedale; and WHEREAS, the City of Kennedale has adopted an ordinance (Ordinance No. 88-3, dated June 10, 1988, and Ordinance No. 88-7 , dated June 22, 1988) regulating vehicular traffic along and upon Dick Price Road; and At-VI WHEREAS, the parties hereto desire to enter into an agree- ment whereby the City of Kennedale agrees to permit vehicles owned and operated by the City of Fort Worth, together with vehicles owned and operated by independent contractors of the City of Fort Worth, to operate along and upon Dick Price Road. fail* ML NOW, THEREFORE, the City of Fort Worth and the City of Kennedale agree as follows: Any and all municipal vehicles owned and operated by either Fort Worth or its independent contractors shall be permitted to travel along and upon Dick Price Road for the purpose of entering into and departing from the Southeast Landfill . 2 . Any and all vehicles owned and operated by independent con- tractors engaged in the construction of City of Fort Worth Project No. 32-001106-00 at the Southeast Landfill shall be per- mitted to travel along and upon Dick Price Road for the purpose of entering into and departing from the Southeast Landfill . 3 . Kennedale municipal vehicles shall be permitted to use the Southeast Landfill for disposal of acceptable refuse without charge to Kennedale. 4 . Fort Worth agrees to pay to Kennedale per annum the sum of $1 . 00 per vehicle per round trip for each vehicle permitted to use Dick Price Road pursuant to Paragraphs 1 and 2 hereof, or $25,000 per annum, whichever amount is greater. Payment shall be made by Fort Worth to Kennedale in quarterly payments, with the first quarterly payment to be due March 1, 1990 . During each calendar year that this Agreement is in effect, the quarterly payments shall be in the amount of $6,250 each. The final adjust- ment payment shall be paid at the end of the fourth quarter and 2 shall be an adjusted amount based upon the above formula of $1 . 00 per vehicle for any amount due in excess of $25,000 per annum, said payments to continue for a period of 15 years . 5 . Fort Worth agrees to keep adequate books and records reflect- ing the number of round trips for each vehicle permitted to use Dick Price Road pursuant to Paragraphs 1 and 2 hereof. Kennedale shall have the right of access to such books and records during normal business hours upon reasonable notice to Fort Worth. 6 . Upon the completion by Fort Worth of City of Fort Worth Project No. 32-001106-00, Kennedale agrees to have designs and plans and specifications prepared for the reconstruction of Dick Price Road, from S .H. 287 to the entrance of the Southeast Landfill, except that the City of Kennedale shall have the right to access and use of any designs, plans and specifications pre- viously prepared by the City of fort Worth for the reconstruction of Dick Price Road, from S .H . 287 to the entrance of the Southeast Landfill . Kennedale further agrees to reconstruct said portion of Dick Price Road within a reasonable time as sufficient funds become available in the sole determination of the City of Kennedale. 7 . The vehicles specified in Paragraphs I and 2 shall be limited in their access to Dick Price Road to that portion of Dick Price Road from S .H. 287 to the present entrance of the Southeast Landfill . 3 8 . The terms , conditions, rights, privileges and agreements contained herein shall continue unabated until such time as Fort Worth ceases to use the Southeast Landfill as a municipal dis- posal site; provided, however, that Fort Worth' s obligations to make payments hereunder shall cease on February 28, 2005 . ATTEST: CITY OF FORT WORTH By: City Secretary, Ramon Guajardo-,-- City of Fort Worth Assistant City Manager APPROVED AS TO FORM AND LEGALITY: City Att&rney, City of Fort Worth Date: ATTEST: CITY OF KENNEDALE By: City Secretary `i Ted Rowe, City of Kennedale City Administrator APPROVE AS TO FORM D LEGALITY: z �1 WX on Driver, "Yty Attorney, City of Kennedale Authorlsa 1,,fl /7 Da-c'e 4 "o City of Fort Worth, Texas Mayor and Counrill Comnmunication DATE REFERENCE SUBJECT: AGREEMENT WITH THE CITY OF PAGE NUMBER 2-27-90 C-12196 KENNEDALE FOR THE USE OF DICK PRICE tai 1W -ROAD---- RECOMMENDATION: It is recommended that the City Council of the City of Fort Worth authorize the City Manager to execute the attached agreement with the City of Kennedale authorizing the use of Dick Price Road by City owned vehicles and vehicles owned by independent contractors of the City of Fort Worth. BACKGROUND: The entrance to the Southeast Landfill , owned and operated by the City of Fort Worth, is along Dick Price Road. Dick Price Road is within the jurisdiction of the City of Kennedale. In June, 1988 , the q t of_K e qm-eda,1-ea-adopted ordinance Numbers 88-3 and 88-7 regulating vehicular traffic along and upon Dick Price Road. Staff has negotiated an agreement with the City of Kennedale permitting vehicles owned and operated by the City of Fort Worth, together with vehicles owned and operated by independent contractors of the City of Fort Worth, to operate along and upon Dick Price Road. FINANCING: Sufficient funds are available in the Solid Waste Fund 064 , Account 21-10-04 , Solid Waste Management Division, Landfill Operations . This expenditure will be made from Index Code 237685 § Attachment BY tq y 1 90 i the ---------- -------------- .S ,TTED F THE LASPOSVIfON py rOUNCIL PROCESSED BY Ramon Guaiardo �Appp u ,F OVE" --------------- ------ ———------------------— ORIG!NATiNG OTHER (DESCRSEI �'Fr'APTMENT HEAD: lom Davis 6308 CITY SECRETARY ---------- F(,R A&,- TCINAL �Wr)Wllf'T'ON .TA=,Cf, om Davis L63 0 8 DATE