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HomeMy WebLinkAboutItem 04 - Pool Road Maintenance ITEM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: DECEMBER 1, 2009 SUBJECT: INTERLOCAL AGREEMENT — COLLEYVILLE — POOL ROAD MAINTENANCE RECOMMENDATION: City Council consider approving an Interlocal Agreement with the City of Colleyville outlining the maintenance responsibilities of the respective cities for Pool Road, authorize the City Manager to execute said agreement, and take any necessary action. BACKGROUND INFORMATION: Pool Road was widened by the City of Grapevine in the late 90s solely at our cost with the exception of Colleyville's acquisition of right-of-way on their side of the roadway and their utility relocations. The City limits line lies approximately seven feet into the outside southbound lane of Pool Road. Since the project was constructed, Colleyville staff has turned over to the degree that no one remains who had any involvement in the project. A question has recently arisen regarding who has maintenance responsibilities for the roadway. Grapevine staff has always assumed that we would maintain the entire roadway, but Colleyville would be responsible for the sidewalk and parkway on their side of the roadway. Trying to separate the maintenance to half of a lane of pavement would be impractical. The proposed Interlocal Agreement provides verbal confirmation of the maintenance responsibilities for City staff members in years to come. Staff recommends approval. R:\AGENDA\12-01-09\Colleyville ILA-Pool Rd Maintenance Memo.DOC STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE CITY OF COLLEYVILLE FOR MAINTENANCE OF RECONSTRUCTED POOL ROAD BETWEEN HALL JOHNSON ROAD AND IRA E. WOODS AVENUE (S.H.26) This Interlocal Agreement for Maintenance of the reconstructed Pool Road between Hall Johnson Road and Ira E. Woods Avenue (S. H. 26) (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, the City of Grapevine and the City of Colleyville entered into an Interlocal Agreement on the 19th of August, 1997 for the reconstruction of Pool Road from Hall Johnson Road to Ira E. Woods Avenue (S. H. 26) (the"Project"); and WHEREAS, the City of Grapevine and the City of Colleyville subsequently entered into an Amended Interlocal Agreement on the 20th of March, 2001 for the Project to provide for temporary water service from the City of Colleyville to the City of Grapevine during construction of the Project; and WHEREAS, the Project was constructed within an 80 foot wide street right-of-way; and WHEREAS, approximately 65 feet of the 80 foot wide right-of-way lies within the City of Grapevine and the remaining approximately 15 feet lies within the City of Colleyville; and WHEREAS, the west sidewalk and a portion of the westernmost southbound lane lies within the 15 foot wide segment of street right-of-way in Colleyville south of the Big Bear Creek bridge; and WHEREAS, questions regarding maintenance responsibilities of the two Cities for the roadway and sidewalks have recently been raised; and WHEREAS, separating the maintenance responsibilities of the two Cities in the middle of a driving lane is impractical, and O:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009 WHEREAS, clearly separating the maintenance responsibilities of the two Cities at an easily definable and recognizable feature on the ground is in the best interest of the two Cities. 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 PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as though fully set forth in their entirety herein. II. MAINTENANCE RESPONSIBILITIES 1. The City of Grapevine shall, at its sole cost, maintain the portion of the roadway pavement up to the back of the west curb of the Pool Road roadway pavement section that lies within Colleyville extending from the Pool Road bridge over Big Bear Creek south to Hall Johnson Road. 2. The City of Colleyville, at its sole cost, shall maintain the sidewalk and parkway lying within the City of Colleyville west of the west back of curb of the Pool Road roadway pavement extending from the Pool Road bridge over Big Bear Creek south to Hall Johnson Road. 3. Each City shall maintain their respective water and wastewater lines and associated facilities in the Pool Road right-of-way that lie within their City Limits. O:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009 III. INDEMNIFICATION AND HOLD HARMLESS 1. The City of Grapevine shall indemnify and hold the City of Colleyville, its agents, servants and employees harmless from any claims made by a third party from claims (including costs and attorney fees) arising from or resulting from the maintenance by Grapevine of the portion of the Pool Road pavement lying in Colleyville between Big Bear Creek bridge and Hall Johnson Rd. 2. The foregoing indemnification shall not be deemed a waiver of sovereign immunity allowed pursuant to the Texas Civil Practice and Remedies Code or otherwise, shall not be construed as the intent of the parties hereto to benefit any third party other than the actual signatories to this contract. IV. TERM OF AGREEMENT This Agreement shall be in effect in perpetuity or until both parties agree in writing to its termination. V. 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. VI. MISCELLANEOUS 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. O:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009 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 in 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 O.\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009 Approved as to Form Grapevine City Attorney Colleyville City Attorney o:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009