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HomeMy WebLinkAboutResolution - 3840 - Interlocal Cooperation Agreement - Lubbock County - Street Paving - 03_26_1992Resolution No. 3840 March 26, 1992 Item #13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation Agreement by and between the City of Lubbock and the County of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of A a o�,ityecr�etar APPROVED AS TO CONTENT: Sandy get e, o unity Development Administrat APPROY AS TO F ennis Trial -Attorney DW: dw agenda-D#1/Inter1cl.Res March , 1992. Resolution No.3840 March 26, 1992 Item #13 SUMMARY INTERLOCAL AGREEMENT BETWEEN THE CITY OF LUBBOCK AND LUBBOCK COUNTY The Interlocal Agreement between the City of Lubbock and the County of Lubbock will provide cooperative street paving and public ways for vehicular traffic use within the bounds of Lubbock County. The City's cost associated with the project is $14,000 which includes the provision of curb and gutter paving at the following locations: 1) Avenue G from 2nd Place to 3rd Place 2) Avenue G from 29th Street to 30th Street Terms of the Agreement are as follows: The County of Lubbock will be responsible for the street paving at all locations. The City of Lubbock will be responsible for curb and gutter paving at all locations. This is a standard Interlocal Agreement pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Article 4413 (32c) Tex. Rev. Civ: Stat. Ann. (Vernon's 1976) Chapter 362 of the Local Government Code of the State of Texas. The Interlocal Agreement will provide the following specified duties by both political subdivisions: The City will provide the following: (a) area survey and staking; (b) design, plans and specifications of curb & gutter; (c) inspection of curb and gutter construction; (d) materials testing necessary for curb & gutter construction; and (e) final approval of curb & gutter construction. The County will provide the following: (a) design, plans and specifications of street paving; (c) inspection of street paving construction; (d) materials testing necessary for street paving construction; and (e) final approval of street paving construction. The Agreement was reviewed and approved by the Lubbock County Court of Commissioners. -39i Q) INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT is entered into on the 26th day of March , 1992, by and between Lubbock County, Texas (hereafter referred to as "County") and the City of Lubbock, Texas (hereafter referred to as "City"), both parties being political subdivisions and local governments of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Article 4413 (32c) Tex. Rev. Civ. Stat. Ann. (Vernon's 1976) Chapter 362 of the Local Government Code of the State of Texas and in furtherance of the responsibilities of said parties as provided under the law. I. DEFINITIONS (1) "local government" means a county; a home rule city, village, or town organized under the general laws of this state; a special district; a school district; a junior college district; any other legally constituted political subdivision of the State of Texas or any adjoining state; or a combination of political subdivisions. (2) "governmental functions and services" means all or part of any function or service included within the following general areas: police protection and detention services; fire protection; streets, roads and drainage; public health and welfare; parks recreation; library services; museum services; waste disposal; planning; engineering; administrative functions; and such other functions which are of mutual concern to the contracting parties. (3) "administrative functions" means functions normally associated with the routine operation of government such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing. (4) "party" means a county, municipality, state agency, or other political subdivision of this State who either requests mutual aid pursuant to this Agreement or responds to such request for aid and is signatory to this Agreement. (5) "municipality" means any city or town, including a home rule city operating under the general law or a special charter. (6) "chief administrative officer" means the mayor or city manager of a municipality or the county judge. II. PURPOSES The purpose of this Agreement is to cooperate in order to provide street paving'and to maintain public ways used for vehicular traffic within the bounds of Lubbock County. The services performed and expenditures made pursuant to this Agreement shall be deemed for public and governmental purposes. The specific purposes of the Agreement include cooperation in construction of curb and gutter and street paving improvements on Avenue G from 2nd Place to 3rd Place and Avenue G from 29th Street 30th Street. the to III. AUTHORIZATION (1) This Agreement shall be duly authorized by the governing body of each chief administrative officer who signed herein. If a governing body fails to authorize such Agreement, then this Agreement shall be considered null and void. (2) The authority of the parties pursuant to this Agreement includes compliance with the rules, regulations, and requirements of the City and the County. (3) The funding required to complete the activities as proposed will be in conformance with all applicable guidelines and regulations associated with the Community Development Block Grant Program. The payment of the described work will be provided by the CDBG program. All described work will be located in the defined CDBG target area as shown in Exhibit A. (4) This is an amendment to an existing contract between the City of Lubbock and Williams and Peters Construction Company subject to the same terms and conditions. Improvements contemplated by this document will be paid for with current Community Development Block Grant funds. IV. DUTIES The City will provide the following duties: (a) area survey and staking (b) design, plans and specifications of curb & gutter (c) inspection of curb and gutter construction (d) materials testing necessary for curb & gutter construction (e) final approval of curb & gutter construction. The County will provide the following duties: (a) design, plans and specifications of street paving (b) inspection of street paving construction (c) materials testing necessary for street paving construction (d) final approval of street paving construction. V. WAIVER AND INDEMNIFICATION Each party shall indemnify and hold harmless the other party to this Agreement from all claims by third parties for property damage or personal injury which may arise out of activities undertaken while participating under this Agreement. In lawsuits where either party may be liable -in part or total for the payment of damages, then any other party to this Agreement may intervene in such cause of action to protect its interest. VI. AMENDMENTS This Agreement contains all commitments and agreements of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any proposed amendments shall not be effective until approved in writing by all parties to this Agreement. 2 VII. TERM AND EFFECTIVE DATE This Agreement shall become effective upon signing by both parties and by the authorized and designated agents of the governing body of each party. It shall remain in effect until terminated by either party upon written notice setting forth the date of termination. The parties agree that each shall have the right to terminate this Agreement upon ninety (90) days written notice to the other party of this Agreement. VIII. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Lubbock County, Texas. IX. SAVINGS CLAUSE In. the event that 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 of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. X. MUTUALITY IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body or its designee in the manner required by each party's charter or otherwise required by law on the date hereinbelow specified. SIGNED this 26th day of March , 1992. CITY OF LUBBOCK B. C. MCMPNN , MAYOR ATTEST: RANETTE BOYD CITY SECRETARY APPRO AS TO ORM: DENNIS CIVIL TRIAL ATTORNEY APPROVED AS TO CONTENT: SANDY OGL E COMMUNITY DEVELOPMENT LUBBOCK COUNTY DON MCBEATH COUNTY JUDGE ATTEST: ANN DAVIDSON COUNTY CLERK APPROVED AS TO FORM: TRAVIS S. WARE CRIMINAL DISTRICT ATTORNEY MMIBIT A CDGG TARGET AREA ; - - 1 ; tlli LIMIT- i 9 � � nulA �RSKINF ~h1111111to.s.�.....�Y.i I I - �) � _ I � :;,_hip% -R 19 111 St 7 r (S 1� ,t - p U !3 1111t L1 Il t hi i .t Atli tli bi �: low SIZit=i1 O Vito t 1 . i ul t rIG III SI - 1 nor 2 19 Lu u� u� 112 hd SI lUtflllltll tV1Ut_ihtuu Gi. llYll i�� it SI a �_ to « 2.34© C O M M I S S I O N E R S' C 0 U R T R E G U L A R M E E T I N G A P R I L 1 3, 1 9 9 2 BE IT REMEMBERED that on the 13th day of April, 1992, there was held a Regular Meeting of the Lubbock County Commissioners' Court in and for the County of Lubbock, the following members present: DON MCBEATH JAMES KITTEN ELISEO SOLIS ALTON BRAZELL COUNTY JUDGE, COMMISSIONER, COMMISSIONER, COMMISSIONER, RESOLUTION/INTERLOCAL COOPERATION AGREEMENTS APPROVED RE: CONSTRUCTION OF STRIP PAVING IMPROVEMENTS PRESIDING PRECINCT #2 PRECINCT #3 PRECINCT A Upon a motion by Eliseo Solis, seconded by Alton Brazell, the Court unanimously voted approving the following Interlocal Cooperation Agreement and Resolution and Interlocal Cooperation Agreement, as presented by Precinct #3, regarding'construc-tion of strip paving improvements on certain streets in the City of Lubbock and authorized the County Jud&e to execute the Agreements. STATE OF TEXAS COUNTY OF LUBBOCK I, Ann Davidson, County Clerk and Ex-Offico Clerk of the Lubbock.County Commissioners' Court, do hereby certify that the above and foregoing and attached pages 6 through 9 are true and correct copies of a portion of the minutes of the Lubbock County Commissioners' Court meeting in regular session on the 13th day of -April, 1992. Witness my hand and seal of office, this the 28th day of April, 1992. ANN DAVIDSON, COUNTY CLERK AND EX-OFFICIO CLERK OF THE LUBBOCK COUNTY COMMISSIONERS' COURT, LUBBOCK COUNTY, TEXAS. 'Ann Davidson, County Clerk Lubbock County, Texas INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK, § THIS AGREEMENT is entered into on the 26th day of March , 1992, by and between Lubbock County, Texas (hereafter referred to as."County") and the City of Lubbock, Texas (hereafter referred to as "City"), both parties being political subdivisions and local governments of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Article 4413 (32c) Tex. Rev. Civ. Stat. Ann. (Vernon's 1976) Chapter 362 of the Local Government Code of the State of Texas and in furtherance of the responsibilities of said parties as provided under the law. I. DEFINITIONS (1) "local government" means a county; a home rule city, village, or town organized under the general laws of this state; a special district; a school district; a junior college district; any other legally constituted political subdivision of the State of Texas or any adjoining state; or a combination of political subdivisions. (2) "governmental functions and services" means all or part of any function or service included within the following general areas: police protection and detention services; fire protection; streets, roads and drainage; public health and welfare; parks; recreation; library services; museum services; waste disposal; planning; engineering;. administrative functions; and such other functions which are of mutualconcern to the contracting parties. (3) "administrative functions" means functions normally associated with the routine operation of government such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing. (4) "party" means a county, municipality, state agency, or other political subdivision of this State who either requests mutual aid pursuant to this Agreement or responds to such request for aid and is signatory to this Agreement. (5) "municipality" means any city or town, including a home rule city operating under the general law or a special charter. (6) "chief administrative officer" means the mayor or city manager of a municipality or the county judge. II. PURPOSES The purpose of this Agreement is to cooperate in order to provide street paving and to maintain public ways used for vehicular traffic within the bounds of Lubbock County. The services performed and expenditures made pursuant to this Agreement shall be deemed for public and governmental purposes. The specific purposes of the Agreement include cooperation in construction of curb and gutter and street paving improvements on Avenue G from 2nd Place to 3rd Place and Avenue G from 29th Street 30th Street. the to 4-13-92 page 6 III. AUTHORIZATION (1) This Agreement shall be duly authorized by the governing body of each chief administrative officer who signed herein. If a governing body fails to authorize such Agreement, then this Agreement shall be considered null and void. (2) The authority of the parties pursuant to this Agreement includes compliance with the rules, regulations, and requirements of the City and the County. (3) The funding required to complete the activities as proposed will be in conformance with all applicable guidelines and regulations associated with the Community Development Block Grant Program. The payment of the described work will be provided by the CDBG program. All described work will be located in the defined CDBG target area as shown in Exhibit A. (4) This is an amendment to an existing contract between the City of Lubbock and Williams and Peters Construction Company subject to the same terms and conditions. Improvements contemplated by this document will be paid for with current Community Development Block Grant funds. IV. DUTIES The City will provide the following duties: (a) area survey and staking (b) design, plans and specifications of curb & gutter (c) inspection of curb'and gutter construction (d) materials testing necessary for curb & gutter construction (e) final approval of curb & gutter construction. The County will provide the following duties: (a) design, plans and specifications of street paving (b) inspection of street paving construction (c) materials testing necessary for street paving construction (d) final approval of street paving construction. V. WAIVER AND INDEMNIFICATION Each party shall indemnify and hold harmless the other party to this Agreement from all claims by third parties for property damage or personal injury which may arise out of activities undertaken while participating under this Agreement. In lawsuits where either party may be liable in part or total for the payment of damages, then any other party to this Agreement may intervene in such cause of action to protect its interest. VI. AMENDMENTS This Agreement contains all commitments and agreements of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any proposed amendments shall not be effective until approved in writing by all parties to this Agreement. 4-13-92 page 7 VII. TERM AND EFFECTIVE DATE This Agreement shall become effective upon signing by both parties and by the authorized and designated agents of the governing body of each party. It shall remain in effect until terminated by either party upon written notice setting forth the date of termination. The parties agree that each shall have the right to terminate this Agreement upon ninety (90) days written notice to the other party of this Agreement. VIII. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Lubbock County, Texas. IX. SAVINGS CLAUSE In the event that 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 of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. X. MUTUALITY IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body or its designee in the manner required by each party's charter or otherwise required by law on the date hereinbelow specified. SIGNED this 26th day of March , 1992. CITY OF LUBBOCK LUBBOCK COUNTY B. C. MCM14gN DON MC13EATH MAYOR COUNTY JUDGE ATTEST: RANETTE BOYD CITY SECRETARY APPROV VjORM: DENNIS CIVIL TRIAL ATTORNEY APPROVED AS TO CONTENT: SANDY OGL REE COMMUNITY DEVELOPME ADMINISTRATOR ATTEST: ANN DAVIDSON COUNTY CLERK CRIMINAL DISTRICT ATTORNEY 4-13-92 page 8 EXHIBIT A rn CDI3G TARGET p►REA � • ra7tiwn' -'-� ��11� ■uti � 1 a L——( _ t - ER�crnNF Y t 1 _! -- iYtgitit$ I � ------ --- ' ISM tit' _ 1 a 19 th SI ul IV M cl Irl : 1rf F Q { rl U r.ti y. SO Ih. SI :� f .1 Cr' -/ � •�' I v. M 41 19 in r, r.G Ih SI _ W ul LOOP : 19 .4 U , ul c co n?. hll St ttittireitl1 !Vltlt�t�iettt ..�� 1, I_ -- al• uwl .1 1 a