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HomeMy WebLinkAboutResolution 2006-063 RESOLUTION NO. 2006-063 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager be, and is hereby authorized to execute the attached Interlocal Agreement with Tarrant County concerning the maintenance of North Tarrant Parkway beginning at 1800 feet west of Davis Boulevard (F.M. 1938) and ending at 2900 feet west of Smithfield Road at the North Richland Hills city limit line on behalf of the city of North Richland Hills, Texas. LLS CITY Patricia Hutson, City Secretary George A. Staple ,City ttorney APPROVED AS TO CONTENT: Î1J1 .). ~ CA-± Mike Curtis, Public Works Director THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT INTERLOCAL AGREEMENT This Agreement is made and entered into this day of 2006, 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 NORTH RICHLAND HILLS, acting herein by and through its governing body, hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Sections 791.001- 791.029, Texas Government Code; and WHEREAS, each governing body, 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 subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, each governing body agrees to share in the cost of the servIces described below. NOW THEREFORE, the COUNTY and CITY agree as follows: 1. The COUNTY agrees to provide routine repair and maintenance of the existing roadway surface and right-of- way on North Tarrant Parkway, from 1800 feet west ofFM 1938 (Davis Boulevard) to 2900 feet west of Smithfield Road (North Richland Hills city limits). The services provided by this contract shall include mowing, crack sealing and pothole repair. This repair and maintenance will not include comprehensive rehabilitation or reconstruction. 2. The COUNTY agrees to provide all labor, equipment and materials necessary to repair and maintain the roadway surface and right-of- way, as specified in paragraph 1. of this Agreement. 3. The CITY agrees to maintain all approaches to the roadway. 4. The CITY agrees to provide and maintain all pavement markings, sIgns and signals. 5. The CITY agrees to continue all policing responsibilities related to the roadway. 6. Nothing in the performance of this Agreement shall impose any liability for claims against the COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. 7. Nothing in the performance of this Agreement shall impose any liability for claims against the CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. 8. The parties to the Agreement do not intend for any third party to obtain a right by virtue of this agreement. 9. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 10. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. 11. CITY agrees that the COUNTY is relying on the CITY 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. 12. This Agreement shall automatically terminate upon execution of the construction contract to widen North Tarrant Parkway or one (1) year from the date of this agreement, whichever is first. CITY Authorized City Official ATTEST: CITY TARRANT COUNTY TOM V ANDERGRlFF, County Judge ATTEST: COUNTY B. GLEN WHITLEY, County Commissioner Precinct Three * APPROVED AS TO FORM District Attorney * 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).