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Home My WebLink AboutContract 41502 A"&7 G� -�J CITY SECRETARY THE STATE OF TEXAS V I"& / CONTRACT NO. j - COUNTY OF TARRANT INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into by and between the County of Tarrant, acting herein by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY and THE CITY OF FORT WORTH, TEXAS 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, the COUNTY and CITY, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance from current revenues legally available to that party; and WHEREAS, each governing body finds that the project is necessary for the benefit of the public and that each party has the legal authority to maintain the project or to provide such service, and the maintenance of the project is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. PROJECT DESCRIPTION The project area is described as the recently improved portion of Haslet Roanoke Road located immediately east of Ridgetop Road, being in Tarrant County extending for approximately 160 feet from the CITY limit line into the CITY's extraterritorial jurisdiction, as shown in attached Exhibit A. 2. COUNTY RESPONSIBILITY The COUNTY shall maintain the paving improvements to include the pavement surface, base and subgrade, pavement markings, metal beam guard fence, traffic signs and roadside ditch. Such maintenance shall be in conformance with then current COUNTY standards. rOFFICIAL RECORD 3. CITY RES PONSIBILITIES RETARY The CITY shall maintain the inlets and storm drain pipe installed by th TH, TX Northwest Independent School District as part of the Haslet Roanoke roadway improvements built to serve its new John M. Tidwell Middle School at the project area. 4. COMPLAINTS Any and all complaints by either party against the other must be submitted to the other in writing. Submission of the complaint may be by United States Postal Service, facsimile or email. Each party must respond to written complaints with either a resolution to the complaint or a description of the non-complaining party's plan of action for resolution, within 10 business days of receipt. 5. EFFECT OF AGREEMENT A. Nothing in the performance of this Agreement shall impose any liability for claims against either party other than claims for which the Texas Tort Claims Act may impose liability. B. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. C. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those stated in the Agreement; further, this Agreement shall not create any rights in any party not a signatory to the Agreement. 6. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 7. TERM OF THIS AGREEMENT The CITY and COUNTY intend to renew this Agreement annually until such time the CITY annexes the section of Haslet Roanoke Road subject to this agreement or until the COUNTY agrees in writing to assume maintenance responsibilities for the storm drain system. This Agreement shall become effective immediately upon its execution by both parties. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX ----- EXECUTED this 0day ofd ,�O10. CITY OF FORT WORTH TARRANT COUNTY FERNANDO COSTA , ASSISTANT CITY MANAGER COUNTY JUD DATE: /p / _ DATE: * APPROVED AS TO FORM /6;IZ4 District t rney * By law, the District Attorney's Office may 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 attorney(s). APPROVED AS TOAND LEGALITY (4 Contract 1 Contract Rut or zation (7HRISTK R. REYNO DS is Date SR.ASSISTANT CITY ATTORNEY ATTEST ATTEST Liz MARTY ENDRIXpo4,:,,,,,, ARY FICKES CITY SECRETAI� j°0000000 �� COUNTY COMMISSIONER, pp��°o 000��¢ PRECINCT THREE 06$ OA O OFFICIAL RECORD a °o OX CITY SECRETARY o°o°o°o°°�°o° FT. WORTH, TX bao. MAIVORAND COUNCIL COMMUNICATION MAP EXHIBIT A ' HENRI Tt it RM d � C m RANCe w KELLER � q � a� 0 co pp�'®tlkh$gC" ,yp> IaAkf !U""V P&d f TIMBERLAND �JIIIII� i.,Y , U qF k r J I �- rya" T1 re td 9 rARM oan,E,aa BRL RCA A. o kELLE HICKS GOLDEN As 1A TRIANGLE arar°w 1 � I uum�rrV. rx' 1 V0 C!, �'' wi Y �a 1MwRCIGER 0+Cb) C —a �l ieiP 17� .............. // E / /j//// M f r ,�„” //iii jury' ��j�/�� ....., �AGki i, � J(,;Tllde lfllfllXllll 42 hA � I Al� wwurww ,m . C 'T R, DETAIL OF PROJECT LOCATION F711, TX City of Fort Worth, Texas Raul Lopez Mayor and Council Communication COUNCIL ACTION: Approved on 12/14/2010 DATE: Tuesday, December 14, 2010 REFERENCE NO.: **C-24644 LOG NAME: 20HASLET-ROANOKE TC ILA SUBJECT: Authorize the Execution of an Interlocal Agreement with Tarrant County for the Maintenance of the Upper End of a Storm Drain Which Ends Beyond the City Limits But Within the City's Extraterritorial Jurisdiction in Tarrant County (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the maintenance of approximately 112 linear feet of storm drain and two associated drainage inlets at the intersection of Haslet-Roanoke Road and Ridgetop Road, in the City's Extraterritorial Jurisdiction. DISCUSSION: As part of a Community Facilities Agreement the Northwest ISD recently completed roadway improvements on Haslet Roanoke Road to serve its new John M. Tidwell Middle School at the subject intersection. The improvements included approximately 160 feet of paving and the upper end of a storm drain located beyond the City limits but within the City's Extraterritorial Jurisdiction (ETJ). Both the City and the County recognize that given the short length of the storm drain within County limits, relative to the overall length of the storm drain within City limits, it is in the best interest of the public that the City maintain the entire line, including approximately 112 linear feet of storm drain pipe and two drainage inlets within the ETJ. As normal, Tarrant County will assume maintenance of all other roadway improvements in its jurisdiction within the subject area. The area subject of this Interlocal Agreement is located in the Tarrant County ETJ adjacent to COUNCIL DISTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fri dl-AcclounKenters FROM Funcl/lAccount/Cent ers, CE-R-TIFICAPIONS: Submitted,for City Man r' Office by: Fernando Costa (6122) Originating, William' rkest (7801) Additional Information Contact: Raul Lopez (7818) ATTACHMENTS 1, ILA - Haslet Roanoke Storm Dramcrr!101410 do-, (PubhC", 2 1L_ AE-xhibd1Pdf (PublhCl LoLmarne: 20l1ASl,FT-R0AN0KFTC ILA pace I of 1