Loading...
HomeMy WebLinkAboutItem 05 - School Zone Flasher ITE 11 S 1-1 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: AUGUST 7, 2012 SUBJECT: INTERLOCAL AGREEMENT WITH THE CITY OF COLLEYVILLE FOR OPERATION AND MAINTENANCE OF A SCHOOL ZONE FLASHER ON HERITAGE AVE RECOMMENDATION: City Council consider approval of an interlocal agreement between the City of Grapevine and the City of Colleyville for the operation and maintenance of the school zone flasher on southbound Heritage Avenue south of Hall Johnson Road and take any necessary action. BACKGROUND: There are three schools located along Heritage Avenue between Hall Johnson Road and Glade Road Heritage Elementary School is located within the City limits of Grapevine, while Heritage Middle School and Colleyville Heritage High School are located within the City of Colleyville. Both cities have established school zones along Heritage Avenue to implement reduced speed limits in association with these schools. Colleyville operates and maintains the school zone flasher for northbound traffic, and Grapevine operates and maintains the school zone flasher for southbound traffic. Each year, this school zone typically results in a large number of complaints from both the school district and the public, particularly at the start of the school year, as the clocks in the two school flasher units run slightly differently. Also, when there is a programming or maintenance issue with one of the beacons, there are often delays in reporting this because there is confusion as to which jurisdiction is responsible. Therefore, consolidating the maintenance and operation responsibilities for both school zone flashers for the single school zone would provide for the simplest and most practical arrangement. Based on discussions between the staffs of the two cities, it has been agreed that the City of Colleyville will take responsibility for the Heritage Avenue beacons. This was determined to be reasonable because two of the three schools in this area are located in Colleyville. Also, the City of Grapevine already maintains the beacons for the school zone on Pool Road, and the southbound beacon there is located in Colleyville, so this essentially balances out the responsibilities. The Colleyville City Council is scheduled to consider this agreement in their meeting on August 7, 2012. July 31,2012(3:45PM) STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE CITY OF COLLEYVILLE FOR OPERATION AND MAINTENANCE OF THE SCHOOL ZONE FLASHER ON SOUTHBOUND HERITAGE AVENUE SOUTH OF HALL JOHNSON ROAD This Interlocal Agreement for operation and maintenance of the school zone flasher on southbound Heritage Avenue south of Hall Johnson Road (the "Agreement") is made and entered into by and between the City of Grapevine, Texas, a municipal corporation located in Tarrant, County, Texas, ("Grapevine") and the City of Colleyville, Texas, a municipal corporation located in Tarrant County, Texas ("Colleyville"). WHEREAS, Heritage Elementary School is located on Heritage Avenue within the City limits of Grapevine, Heritage Middle School is located on Heritage Avenue within the City limits of Colleyville, and Colleyville Heritage High School is located on the border of the City limits of both Colleyville and Grapevine; and WHEREAS, both the Cities of Colleyville and Grapevine have established school zones along Heritage Avenue to implement reduced speed limits in association with the schools; and WHEREAS, the City of Colleyville operates and maintains a school zone flasher warning beacon system on northbound Heritage Avenue in association with this school zone; and WHEREAS, the City of Grapevine operates and maintains a school zone flasher warning beacon system on southbound Heritage Avenue in association with this school zone; and WHEREAS, consolidating the maintenance and operations responsibilities for all school zone flashers controlling a single school zone is in the best interest of the two Cities; and WHEREAS, TEX. GOVT. CODE ANN. § 791.001 et seq., as amended (the "Act") provides authorization for municipalities to contract with one another for the performance of governmental functions and services under the terms of the Act; and WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the City of Grapevine and the City of Colleyville hereby contract, I. ADOPTION OF PREMISES All of the matters stated hereinabove are true and correct and are hereby incorporated into the body of this Agreement as though fully set forth in their entirety herein. OPERATION AND MAINTENANCE RESPONSIBILITIES 1. Colleyville, at its sole cost, shall operate and maintain the northbound school zone flasher on Heritage Avenue south of Hall Johnson Road. 2. Grapevine shall relinquish operations and maintenance responsibility to Colleyville for the southbound school zone flasher, including the existing installed time clock, on Heritage Avenue south of Hall Johnson Road with said flasher assembly to be fully functional and in a state of good repair at the time of the transfer. 3. Grapevine shall retain ownership of and shall be responsible to remove and salvage for its own use any radios or other communication-related accessories not necessary for the independent operation of the school zone flasher system. 3. Each City shall maintain responsibility for all other traffic control devices, utilities, and other appurtenances and associated facilities in the Heritage Avenue right-of-way that lie within their City Limits. III. TERM OF AGREEMENT This Agreement shall be in effect in perpetuity or until both parties agree in writing to its termination. IV. NOTICES Any notice required to be given under this Agreement shall be deemed to have been received upon deposit in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO GRAPEVINE: TO COLLEYVILLE: City of Grapevine City of Colleyville P.O. Box 95104 100 Main Street Grapevine, Texas 76099 Colleyville, Texas 76034 Attn: City Manager Attn: City Manager A change of address may be made by either party upon the giving of ten (10) days prior written notice. V. MISCELLANEOUS 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supercedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute on and the same instrument. 5. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. All remedies provided for in this contract are in addition to, not iiin substitution of, all remedies of the parties at law or in equity. All remedies are intended to be cumulative, and a party to this contract may pursue the remedies provided for in this agreement and all remedies at law or in equity at the same time. Mayor, City of Grapevine Date Mayor, City of Colleyville Date City Secretary City Secretary City of Grapevine City of Colleyville APPROVED BY COUNCIL: Grapevine Colleyville Date Date Approved as to Form Grapevine City Attorney Colleyville City Attorney