HomeMy WebLinkAboutItem 22 - GCISD Stadium DrainageMENNONWORME
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER oC
MEETING DATE: MAY 16, 2000
SUBJECT: INTERLOCAL AGREEMENT — GCISD STADIUM DRAINAGE
RECOMMENDATION:
City Council consider approving an Interlocal Agreement with GCISD for City
participation in the construction of an underground drainage system across the GCISD
Stadium Parking Lot in the amount of $ 10,000.00, and take any necessary action.
FUNDING SOURCE:
Funds are currently available in the SDUS Fund Balance
Account # 116-48941-535-1-000001
BACKGROUND:
The State Highway 26 roadside ditch bordering the GCISD Administration Complex
collects drainage from State right-of-way as well as private property within the City of
Grapevine in this corridor. After rains, the water stands stagnant in the roadside ditch
because there is no means for it to drain south to the nearest defined drainage system.
The Grapevine Colleyville Independent School District (GCISD) is currently
reconstructing the Stadium Parking Lot, including the addition of an underground
drainage system to convey storm -water runoff to the Mustang Drive Drainage System.
This planned underground drainage system provides the opportunity to extend lateral
lines to the State Highway 26 roadside ditch to adequately drain the ditch and eliminate
the stagnant water.
0:\agenda\05-04-00\GCISD Stadium Drainage
May 11, 2000 (9:17AM)
Two connection points to the underground system at two separate locations are required
to adequately drain the roadside ditch. The City staff is proposing to participate with
partial funding in the amount of $ 10,000 for cost of one of these lateral lines to alleviate
the stagnant water standing in the roadside ditches. The second lateral line, as well as
the interior system draining the parking lot and the necessary inlets will be funded by
GCISD.
Staff recommends approval.
JLH/JSL
0:\agenda\05-04-00\GCISD_Stadium_Drainage
May 4, 2000 (4:16PM)
gldsumi2
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05 00 15:29
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10=Encumbrances 11=Amendments
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Account . . 116-48941-535-1
Storm Drain Impr/Cre
Fiscal yr: 2000
Begin bal:
0 Total Budget: 85,000.00
Op Mon Amended
Budget
Actual Amount Encumbrance Amt
Budget Balance
OCT
.00
.00
.00
85,000.00
_
NOV
.00
.00
.00
85,000.00
DEC 85,000.00
27,459.66
.00
57,540.34
JAN
.00
1,116.45
.00
56,423.89
FEB
.00
.00
.00
56,423.89
MAR
.00
8,327.19
.00
48,096.70
APR
.00
.00
.00
48,096.70
MAY
.00
.00
.00
48,096.70
JUN
.00
.00
.00
48,096.70
JUL
.00
.00
.00
48,096.70
AUG
.00
.00
.00
48,096.70
SEP
.00
.00
.00
48,096.70
TOT 85,000.00
36,903.30
.00
48,096.70
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RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS APPROVING AN INTERLOCAL
AGREEMENT WITH THE GRAPEVINE-COLLEYVILLE
INDEPENDENT SCHOOL DISTRICT TO PARTICIPATE IN
CONSTRUCTION OF A STORM DRAINAGE SYSTEM TO
SERVE THE STATE HIGHWAY 26 ROADSIDE DITCH
ADJACENT TO THE STADIUM PARKING LOT;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, State Highway 26 roadside ditch drainage collects drainage flow
from State right-of-way as well as private property within the City of Grapevine, Texas
(the "City"); and
WHEREAS, storm water currently stands stagnant in this roadside ditch due to
its inability to drain south to its nearest drainage system, and
WHEREAS, Grapevine-Colleyville Independent School District (the "GCISD") is
currently reconstructing the stadium parking lot, including the addition of an
underground drainage; and
WHEREAS, this planned underground drainage system provides the opportunity
to extend lateral lines to the State Highway 26 roadside ditch to adequately drain the
ditch and eliminate the stagnant water; and
WHEREAS, two connection points to the underground system at two separate
locations are required to adequately drain the roadside ditch; and
WHEREAS, the City desires to participate with partial funding in the amount of
$10,000 for these improvements to alleviate stagnant water standing in the roadside
ditches on State Highway 26; and
WHEREAS, the City and GCISD desire to enter into an agreement for joint
participation in the funding of a storm drainage system extending from the State
Highway 26 right-of-way and roadside ditches southeasterly across the GCISD Stadium
parking lot to the Mustang Drive box culverts; and
WHEREAS, the City and Grapevine-Colleyville Independent School District are -
authorized to enter into an Interlocal Agreement for the services described herein
pursuant to Texas Government Code, Chapter 791.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS.
Section 1. That the City Council approves entering into an Interlocal
Agreement for the City's participation in the funding of the construction of a storm
drainage system through the GCISD stadium parking lot within the City.
Section 2. That the City Manager is hereby authorized and directed to execute
and take all necessary steps to consummate the Interlocal Agreement in substantially
the form as it is shown in Exhibit "A".
Section 3. That this resolution shall become effective immediately from and
after its passage and approval by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of May, 2000
APPROVED:
ATTEST:
APPROVED AS TO FORM:
RES. NO. 2
INTERLOCAL AGREEMENT
GCISD Stadium Parking Lot Drainage System
This Agreement is made and entered into by and between this City of Grapevine,
a municipal corporation organized pursuant to the laws of the State of Texas and
located in Tarrant County, Texas hereinafter called the "City' and the Grapevine
Colleyville Independent School District, a "School District" organized pursuant to
the laws of the State of Texas and located in Tarrant County, Texas, hereinafter
called "GCISD", evidences the following:
WHEREAS, State Highway 26 roadside ditch drainage collects drainage flow
from State right-of-way as well as private property within the City, and
WHEREAS, the City has determined that the subsequent development of
Mustang Square causes storm water to stand stagnant in this roadside ditch due
to its inability to drain south to the nearest drainage system and the City believes
it is in the City's best interest to correct this defect, and
WHEREAS, GCISD is currently reconstructing the stadium parking lot, including
the addition of an underground drainage system (the "project"), and
WHEREAS, this planned underground drainage system provides the opportunity
to extend lateral lines to the State Highway 26 roadside ditch to adequately drain
the ditch and eliminate the stagnant water (the "lines"), and
WHEREAS, two connection points to the underground system at two separate
locations are required to adequately drain the roadside ditch, and
WHEREAS, the City desires to participate with partial funding in the amount of
$ 10,000 for the Lines to alleviate stagnant water standing in the roadside ditches
on State Highway 26, and
WHEREAS, the City and GCISD desire to enter into an agreement for the Joint
Participation in the funding of a storm drainage system specifically extending the
Lines, from the State Highway 26 Right -of -Way and roadside ditches
southeasterly across the GCISD stadium parking lot to the Mustang Drive box
culverts.
WHEREAS, this Agreement is entered into pursuant to Chapter 791 Government
Code, the Interlocal Cooperation Act.
NOW, THEREFORE, the PARTIES in consideration of the Terms and Conditions
contained in this Agreement agree as follows:
The City agrees to contribute $10,000.00 as it's share of the cost of
construction of the Lines to provide drainage within the new stadium
O:\GCISD\I nterlocal.Agree_Funding
parking lot and to provide a connection for the existing roadside ditches
and State Highway 26 to drain to the Mustang Drive culvert.
2. GCISD agrees to construct the storm drainage line as stipulated to ensure
that the drainage objective, as herein described, is met.
3. GCISD agrees to provide final documentation of the contract and costs
incurred in the construction of the drainage system throughout the stadium
parking lot in particular, the two (2) segments draining the State Highway
26 roadside ditch.
4. The City shall pay to GCISD the $10,000.00 participation for the
construction of the Lines within thirty (30) days after written notification
from GCISD of completion of the project and receipt of the final project
cost certified and sealed by GCISD's consultant engineer.
5. The City shall have the authority to approve the engineering and
construction of the Project Plans, and, be authorized to periodically
inspect the Project; provided, however, that the failure of the City to
approve or disapprove such plans within 30 days shall be deemed to be
its approval of same.
6. NOTICES. Any notices required to be given herein shall be deemed to
have been sufficiently given to either party for all purposes hereof if mailed
by certified mail, postage prepaid, addressed as follows:
TO CITY OF GRAPEVINE
City Manager
City of Grapevine
200 South Main Street
Grapevine, Texas 76051
GCISD
Administration Office
3051 Ira E. Woods Avenue
Grapevine, Texas 76051
Attn: Superintendent
or to such other respective address as the parties may designate from
time to time in writing in accordance with this notice provision.
7. PUBLIC PURPOSE; RESERVATION OF RIGHTS. All of the
requirements provided in this Agreement are hereby declared to be for
public purpose and the health, safety, and welfare of the general public.
Any member of the governing body or city official or employee of either
Party charged with the enforcement of this Agreement, acting in the
discharge of his or her duties, shall not thereby be rendered personally
liable; and is hereby relieved from all personal liability for any damage that
might accrue to persons or property as a result of any act required or
permitted in the discharge of said duties.
0AGCISMInterlocal.Agree_Funding
8. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
term, provision, condition, covenant or portion of this Agreement is for any
reason held invalid or unenforceable by any court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby
but shall be deemed as a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions
hereof, and each remaining section, subsection, sentence, clause, phrase,
term, provision, condition, covenant and portion of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
9. ENTIRE AGREEMENT. This Agreement shall constitute the entire
Agreement between Grapevine and GCISD and may not be modified or
amended other than by written instrument executed by both Parties.
10. INDEMNIFICATION. (a) To the extent allowed by law, Grapevine
shall indemnify and hold GCISD harmless against all claims, causes of
action, costs, expenses (including reasonable attorney fees) and damages
to persons or property, to the extent proximately caused by the negligence
or willful misconduct of Grapevine's officers, employees or agents arising
directly or indirectly out of Grapevine's performance of this Agreement.
This duty to indemnify only applies where, and to the extent, Grapevine's
negligence or willful misconduct is either the sole or a contributing cause
of the injury, death or damage. It does not extend to any portion of any
injury, death or damage caused by either the sole or contributing
negligence or intentional act or omission of GCISD or any third party
under the control of GCISD.
(b) To the extent allowed by law, GCISD shall indemnify and hold
Grapevine harmless against all claims, causes of action, costs, expenses
(including reasonable attorney fees) and damages to persons or property,
to the extent proximately caused by the negligence or willful misconduct of
GCISD officers, employees or agents arising directly or indirectly out of
GCISD's performance of the Agreement; provided, however, that this duty
to indemnify and hold harmless only applies where, and to the extent,
GCISD can be held liable to a third party for tort claims under Texas Law,
and then only to the extent its negligence or willful misconduct is either the
sole or a contributing cause of the injury, death or damage. It does not
extend to any portion of any injury, death or damage cause by either the
sole or contributing negligence or intentional act or omission of Grapevine
or any third party under the control of Grapevine, and it does not reduce
GCISD's immunity from tort claims under Texas Law.
(c) Neither paragraph (a) nor (b) is intended to create liability for the
benefit of third parties but are solely for the benefit of Grapevine and
GCISD.
OAGCISD\I nterlocal.Agree_Funding
11. NON WAIVER. Neither Party shall be excused from complying with
any of the terms and conditions of this Agreement because of any failure
of the other Party upon any one or more occasions to insist upon or to
seek compliance with any such terms or conditions.
12. FORCE MAJEURE. In case by reason of force majeure, as
hereafter defined, either Party shall be rendered unable wholly or in part to
carry out its obligations under this Agreement (other than the payment of
money), then if such Party shall give notice and full particulars of such
force majeure in writing to the other Party within a reasonable time after
occurrence of the event or cause relied on, the obligation of the Party
giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of the inability then claimed, but for no
longer periods, and any such Party shall endeavor to remove or overcome
such inability with all reasonable dispatch. The term "force majeure" as
employed herein, shall mean: acts of God; strikes, lockouts, or other
industrial disturbances; acts of public enemy; orders of any kind of the
Government of the United States, of the State of Texas, or of any civil or
military authority; insurrections; riots; epidemics; landslides; lightening;
earthquakes; fires; hurricanes; storms; floods; washouts; droughts;
arrests; restraining of government and people; civil disturbances;
explosions; breakage or accidents to machinery, pipe lines, or canals,
partial or entire failure of water supply; any other causes not reasonably
within the control of the party claiming such inability. It is understood and
agreed that the settlement of strikes and lockouts shall be entirely within
the discretion of the Party having the difficulty, and that the above
requirement that any force majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the striking or opposing parties when such
settlement is unfavorable in the judgement of the Party having the
difficulty.
13. REGULATORY BODIES. This Agreement shall be subject to all
valid rules, regulations, and laws applicable hereto or promulgated by the
United States of America, the State of Texas, or any governmental body
or agency having lawful jurisdiction, or any authorized representative or
agency of any of the above.
14. GOVERNING LAW. This Agreement shall be governed and
construed pursuant to the laws of the State of Texas. All obligations
herein shall be performable and all payment shall be due and payable in
Tarrant County, Texas.
15. CAPTIONS AND CONSTRUCTION. All section titles or captions
contained in this Agreement shall not be deemed a part of this Agreement
OAGCISD\Interlocal.Agree_Funding
and shall not affect the meaning or interpretation of this Agreement or any
provision hereof. The Parties have participated in the preparation of this
Agreement so that this Agreement shall not be construed either more or
less favorably for or against either Party.
16. INCORPORATION. The Preamble set forth before Section 1 of this
Agreement is hereby incorporated by reference as if set forth fully at this
point.
IN WITNESS WHEROF, the Parties, acting under authority of their
respective governing bodies, have caused this Agreement to be duly executed in
several counterparts, each of which shall constitute an original, all as of this
day of , 2000.
ATTEST:
Linda Huff, City Secretary
(SEAL)
ATTEST:
Secretary, Board of Trustees
CITY OF GRAPEVINE, TEXAS
William D. Tate, Mayor
GCISD
President, Board of Trustees
O:\GCISD\I nterlocal.Agree_Funding
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