HomeMy WebLinkAboutResolution - 2022-R0237 - Interlocal Agreement with TxDOT for Urban Street Turnback ProgramResolution No. 2022-RO237
Item No. 7.19
May 10, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, an Interlocal Agreement for the TxDOT Urban Street
Turnback Program related to portions of 19`h Street/Idalou Road - US 62 from Memphis
Avenue to just East of I1-1-27, and portions of Avenue Q - US 84 from US 82 (Marsha Sharp
Freeway) to 341h Street located within the city limits of the City of Lubbock, Texas, by and
between the City of Lubbock and the Texas Department of Transportation, and related
documents. Said Agreement is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on May 10, 2022
DANIEL M. PO E, MAYOR
ATTEST:
'0 �.44toc 0. )�c
Rebec I
a Garza, City Secretart—�
APPROVED AS TO CONTENT:
(Dk,5�0')
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
yan ooke, Assistant City Attorney
RES.Interlocal Agrmt-TxDOT Turnback-Ave. Q & 191h
4.25.22
Resolution No. 2022-RO237
INTERLOCAL AGREEMENT
FOR THE TXDOT URBAN STREET
TURNBACK PROGRAM
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS INTERLOCAL AGREEMENT FOR THE TxDOT URBAN STREET
TURNBACK PROGRAM (hereinafter referred to as "Agreement") is effective as of the 1 Oth day
of May, 2022 ("hereinafter referred to as the Effective Date"), by and between the City of
Lubbock, Texas (hereinafter referred to as "City"), a Texas Home Rule Municipality, and the
State of Texas, by and through the Texas Department of Transportation (hereinafter referred to
as "TxDOT"), a State Agency. This Agreement is entered into by the City and TxDOT pursuant
to the authority granted by the provisions of the Interlocal Cooperation Act, Texas Government
Code, Chapter 791 and Texas Transportation Code, Section 221.002. This Agreement is
intended to further the purpose of the Interlocal Cooperation Act and Transportation Code to
cooperate and agree on maintenance responsibility for State Highways inside City limits.
WITNESSETH
WHEREAS, the State of Texas, by and through the Texas Department of Transportation
has proposed through the Urban Street Turnback Program that certain state highways located
within the incorporated city limits of various cities of population over 50,000 in the State of
Texas be conveyed to those cities with the understanding that thereafter the city alone would
accept full responsibility to repair and maintain said highways; and
WHEREAS, TxDOT specifically proposed to the City of Lubbock the transfer of
approximately 11.5 centerline roadway miles within the City of Lubbock, together with all
structures, fixtures, and appurtenances thereto, as depicted and set forth in Exhibit "A" hereto
(Portions of 190h Street/Idalou Road - US 62 from Memphis Avenue to just East of IH-27, and
Portions of Avenue Q - US 84 from US 82 (Marsha Sharp Freeway) to 341h Street) ("Subject
Roadways"); and
WHEREAS, TxDOT and the City have identified the roadways to be conveyed to the
City of Lubbock, as well as specific obligations set forth herein to be followed by TxDOT and
the City before formal request and acceptance of said roadways and all rights -of -way in
connection therewith, as well as all surface and subsurface infrastructure on, under, over, and
attendant to said roadways and rights -of -way, the descriptions of which shall be revised and
substituted herein upon completion of certain obligations required hereby; and
WHEREAS, TxDOT and City further desire to undertake all necessary activities and
obligations to effectuate the transfer of the Subject Roadways to the City in exchange for
TxDOT's completion of necessary obligations as described herein prior to City's formal request
and acceptance of said roadways.
Interlocal Agreement for the TxDOT Urban Street Turnback Program -19" Street & Ave. Q
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ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to establish the terms and conditions for City to
formally request the conveyance, and further to accept and assume all maintenance and repair of
the Subject Roadways.
ARTICLE II
OBLIGATIONS OF CITY
2.01 Pursuant to this Agreement, and conditioned upon satisfactory performance by
TxDOT of all obligations set forth herein, City shall formally request title to, and assume and
takeback the maintenance responsibility for, the Subject Roadways.
2.02 Unless and until TxDOT shall complete and satisfy all other conditions precedent to
the conveyance, City shall be under no obligation to accept rights, title, or interests in the Subject
Roadways.
ARTICLE III
OBLIGATIONS OF TxDOT
3.01 Pursuant to this Agreement, TxDOT shall, as consideration for the City's obligations
hereunder in connection with the Subject Roadways prior to the City's request for Transfer of
Right of Way instrument from the State of Texas to the City hereof:
a. provide City with updated Right -of -Way maps with complete deed references,
and any surveys from which said descriptions were derived, of the Subject
Roadways;
b. provide City an updated inventory of all infrastructure located on, under, over, or
attendant to the Subject Roadways;
c. provide City copies of all instruments evidencing an interest burdening or
otherwise attendant to the Subject Roadways, including but not limited to
underground utility easements, railroad crossings, traffic control signals and
signage, and advertisement space, and further shall assign to City, in a form
acceptable to the City, all rights and interests held by TxDOT under or otherwise
pursuant to said burdening interests;
d. provide copies of all permits issued by TxDOT inside the Subject Roadways;
e. provide a current inventory of all personal property, if any, located on the Subject
Roadways;
f. provide copies of all current service, maintenance, or other agreements relating to
the Subject Roadways, as well as an accounting of any payments or work
outstanding under said agreements;
Interlocal Agreement for the TxDOT Urban Street Turnback Program - 191h Street & Ave. Q
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g. provide copies of all invoices for maintenance or repairs incurred by TxDOT for
the Subject Roadways in the twenty-four (24) months preceding the effective date
of this Agreement;
h. provide copies of all previous infrastructure inspections, environmental
assessments, geotechnical reports, studies, or analyses made on, or relating to, the
Subject Roadways; and
i. remove all highway designation signs, and re-route roadway designations to on -
system roadways within thirty (30) days of the execution of the Transfer of Right
of Way instrument from the State of Texas to the City.
3.02 Pursuant to this Agreement, TxDOT shall, as consideration for the City's obligations
hereunder in connection with the Subject Roadways prior to the City's request for Transfer of
Right of Way instrument from the State of Texas to the City hereof;
a. Portions of 19th Street - Construct all improvements as identified in the City of
Lubbock final approved plan set for US 62 from Memphis Avenue to just East of
IH-27 as set forth in Exhibit `B" (Digital Exhibit). No reduction in the scope of
construction improvements may be performed without the express written consent
of the City of Lubbock. All existing illumination fixtures will be updated to LED
bulbs from West Loop 289 to East Loop 289 along 19th St.
b. Portions of Avenue Q - Construct all pavement improvements on US 84 (Avenue
Q) from US 82 (Marsha Sharp Freeway) to 341h Street including a mill and
overlay of the entire roadway within these limits per plans and specifications
approved by the City of Lubbock prior to letting of construction documents as set
forth in Exhibit "C" (Digital Exhibit), to be included and become part of this
Agreement after approval by the City.
c. Portions of Avenue Q - Construct all infrastructure improvements on US 84
(Avenue Q) from US 82 (Marsha Sharp Freeway) to US 62 (10 Street) this work
includes the addition of medians, improvement of ADA Ramps, addition of bulb -
outs, traffic signal upgrade and removals, Illumination improvements, striping and
signage per plans and specifications approved by the City of Lubbock prior to
letting of construction documents as set forth in Exhibit "C" (Digital Exhibit), to
be included and become part of this Agreement after approval by the City.
3.03 Prior to the City's and final acceptance of the Subject Roadways, TxDOT shall, at
TxDOT's expense, deliver to City:
a. Transfer of Right of Way instrument conveying title to the Subject Roadways,
free and clear of all liens;
b. a bill of sale with warranties to title conveying title, free and clear of all liens, to
any personal property located on the Subject Roadways;
c. assignments of any leases to or on the Subject Roadways;
d. assignment to the City of any of the following items as they relate to the Subject
Roadways or their repair, maintenance, or operation:
1. licenses or permits;
2. warranties or guarantees;
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3. evidence that the person executing this Agreement is legally capable and
authorized to bind TxDOT.
ARTICLE IV
DISCLOSURES
4.01 To the best of TxDOT's knowledge and belief, and except as otherwise set forth in
the Agreement, TxDOT is not aware of
a. any subsurface: structures, pits, waste, springs, or improvements;
b. pending or threatened litigation, condemnation, or assessment affecting the
Subject Roadways;
c. any environmental hazards or conditions that affect or are otherwise located on or
under the Subject Roadways;
d. whether the Subject Roadways have been used for the storage or disposal of
hazardous materials or toxic waste, a dump site or landfill, or any underground
tanks or containers;
e. any material physical defects in the Subject Roadways; or
f. any condition in the Subject Roadways that violates any law or ordinance.
ARTICLE V
DESIGNATION OF REPRESENTATIVES
5.01 City hereby appoints the City of Lubbock Division Director of Public Works, or
his/her designee, (hereinafter referred to as "Director") as its designated representative under this
Agreement. The Director shall be the City's primary point of contact.
5.02 TxDOT hereby appoints the District Engineer or his/her designee, (hereinafter
referred to as "District Engineer") as its designated representative under this Agreement.
TxDOT's District Engineer shall be the primary point of contact for TxDOT.
ARTICLE VI
DEFAULT & TERMINATION
6.01 In the event of a material breach of this Agreement, the non -breaching party shall
give the breaching party written notice of such breach which shall detail the nature of the breach.
The party receiving the notice of breach shall be given thirty (30) days to cure the breach. If the
breach is not corrected to the reasonable satisfaction of the non -breaching party by the end of the
thirty '(30) day period, the non -breaching party may give written notice of termination of this
Agreement to the breaching party and seek to recover damages not to exceed the amount
obligated by the non -breaching party for this Agreement.
6.02 The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to TxDOT.
6.03 In the event of an uncured breach(es) of any term and/or provision of this
Agreement in accordance with the provisions of 6.01 herein, the City shall be entitled to exercise
Interlocal Agreement for the TOOT Urban Street Turnback Program -19'" Street & Ave. Q
4.25.22 Page 4 of 8
any right or remedy available to it by this Agreement, at law, equity, or otherwise, including
without limitation, termination of this Agreement and assertion of an action for damages and/or
injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or
subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE VII
PRIOR AGREEMENTS SUPERSEDED
7.01 This Agreement, including the exhibits, constitute the entire Agreement of the
Parties regarding the subject matter of this Agreement and supersede all previous agreements and
understandings, whether written or oral, relating to such subject matter.
ARTICLE VIII
ASSIGNMENT OR TRANSFER OF INTEREST
8.01 Neither Party may assign its rights, privileges and obligations under this Agreement,
in whole or in part, without the prior written consent of the other party. Any attempt to assign
without such approval shall be void.
ARTICLE IX
LEGAL CONSTRUCTION
9.01 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 invalid, illegal or
unenforceable provision 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.
ARTICLE X
TEXAS LAW TO APPLY
10.01 This Agreement shall be construed under and in accordance with the laws of the
State of Texas and all obligations of the Parties created hereunder are performable in Lubbock
County, Texas.
ARTICLE XI
AMENDMENT
11.01 No amendment, modification or alteration of the terms hereof shall be binding
unless the same be in writing, dated subsequent to the date hereof and be duly executed by the
Parties hereto.
ARTICLE XII
NOTICES
12.01 All notices required to be given under this Agreement shall be in writing and either
shall be personally served against a written receipt therefore or given by certified mail or
Interlocal Agreement for the TxDOT Urban Street Turnback Program -19"' Street & Ave. Q
4.25.22 Page 5 of 8
registered mail, return receipt requested, postage prepaid and addressed to the proper party at the
address which appears below, or at such other address as the Parties hereto may hereafter
designate in accordance herewith, unless a provision of this Agreement designates another party
and provides a different address. All notices given by mail shall be deemed to have been given at
the time of deposit in the United States mail and shall be effective from such date.
If to TxDOT: Steven Warren, P.E.
District Engineer
Texas Department of Transportation
135 Slaton Road
Lubbock, Texas 79404
If to City: L. Wood Franklin, P.E.
Division Director of Public Works
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
ARTICLE XIII
FORCE MAJEURE
13.01 Neither Party shall be responsible for delays or lack of performance by such entity
or its officials, agents or employees which result from acts beyond that entity's reasonable
control, including acts of God, strikes or other labor disturbances or delays by federal or state
officials in issuing necessary regulatory approvals and/or licenses. In the event of any delay or
failure excused by this Article XII, the time of delivery or of performance shall be extended for a
reasonable time period to compensate for delay.
ARTICLE XIV
MULTIPLE COUNTERPARTS
14.01 This Agreement may be executed in separate identical counterparts by the Parties
hereto and each counterpart, when so executed and delivered, shall constitute an original
instrument and all such separate identical counterparts shall constitute but one and the same
instrument.
ARTICLE XV
ASSIGNMENT
15.01 Neither Party shall assign or transfer its interest in this Agreement or any portion
thereof without the written consent of the other Party. Any attempt to transfer, pledge or
otherwise assign shall be void and shall confer no rights upon any third person or party.
Interlocal Agreement for the TxDOT Urban Street Turnback Program - 19ei Street & Ave. Q
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EXECUTED ON THIS loth DAY OF MAY, 2022.
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
ATTEST:
Reb ca Garza, City Secretar
APPROVED AS TO FORM:
Ryan Brookp�7Assisdfnt City Attorney
TEXAS DEPARTMENT OF
TRANSPORTATION
STEV WARREN, P.E., DISTRICT
ENGINEER
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STATE OF TEXAS
COUNTY OF LUBBOCK
ACKNOWLEDGMENTS
N
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared STEVEN WARREN, District Engineer for the Texas
Department of Transportation Lubbock District, on behalf of the Texas Department of
Transportation and the Texas Transportation Commission, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed and stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
r , 2022.
[
=a*ay °yen COURTNEY WATT
Notary ID #124778785
N; My Commission Expires
of May 11, 2024
STATE OF TEXAS
COUNTY OF LUBBOCK
2z��-
Notary Pu for the
State of Texas
BEFORE ME, the undersigned, a Notary Public in and for Lubbock County, Texas, on
this day personally appeared DANIEL M. POPE, Mayor of the City of Lubbock, Texas, known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that s/he executed the same for the purposes and consideration therein expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2022.
[SEAL]
E
CARINA REYES
tary Public, State of TexasNotary ID# 13331645.5ommission Expires 09-07.2025
Notary Public for the
State of Texas
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