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Home My WebLink AboutResolution - 3883 - Interlocal Cooperation Agreement-Lubbock County-Strip Paving, Portion Of E 81St - 05/14/1992Resolution No. 3883 May 14, 1992 Item #12 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 with Lubbock County pertaining to the construction of strip paving improvements on certain streets with the City 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 ATTEST: Ratte Boys, city Secretary APPRV AS TO CONTENT: O i rtra , Assistant City Manager APPROVED AS TO FORM: � - .' 061fald G. Vandiver, First Ass City Attorney DGV:js/INTRiOM RESM-Agenda ******************************************************* * * * DELIVER TO: osATRIZ noDnzcuEz * * * * * omIGzmAI * * * SENT: im/22/92 TIME: 17:08 * * FROM: LARRY xsRTEI * * SuBjECT' MAY 14,92 INTERLOCAL AGREE * * PRINT DATE: 10/23/92 TIME: 08:26 * * * ******************************************************* asATmzz noDRzGUsz - CITY SECRETARY oFFzcs THE zmTsmLocAL AGnssmswT asTwssm THE CITY AND THE COUNTY, mATEm MAY 14, 1992, HAS NOT BEEN sXsouTso AND z HAVE mscszvEu vsmawI co*MumzcATIow FROM THE COUNTY swGImssn% oFFzcs zmnzcATzmc THE COUNTY WILL NOT EXECUTE THIS AcnssnEwT. THIS AGREEMENT WAS FOR THE COUNTY To STRIP pAvs E. oiST STREET FROM ASH AvsmuE EAST APPROXIMATELY 300 FEET. IT is MY UNDERSTANDING THE cOumTY W1 1 NOT cowSTmucT THIS pAvIwc on sXsouTs THIS AcnssnsmT. pLsAzs moTc IN YOUR FILES THAT THE AGREEMENT WILL NOT as EXECUTED BY THE COUNTY. LARRY *snTEL - CITY Emczwsse Resolution No. 3883 May 14, 1992 Item #12 INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT is entered into on the 14th day of May , 1992, by and between Lubbock County, Texas -(hereinafter referred to as "County") and the City of Lubbock, Texas (hereinafter 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 Chapter 791 of the Government Code and Chaptet 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 asso- ciated with the routine operation of government such as tax assessment and collection, personnel services, pur- chasing, data processing, warehousing, equipment repair, and printing. (4) "party" means a county, municipality, state agency, or other political subdivision of this State who either re- -guests mutual aid pursuant to this Agreement or responds to such request for aid and is signatory to this Agree- ment. (5) "municipality" means any city or town, includinga 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 pro- vide street paving and to maintain public ways used for vehicular traffic within the bounds of Lubbock County and the City of Lubbock. 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 the construction of street strip paving improvements on the follow- ing• East 81st Street - From Ash Avenue East approximately 300 feet. III. AWHORIZATION (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 County hereby agrees to perform the strip paving construction with no cost to the City, except for'those tasks assigned to the City in IV below. See Letter attached hereto as Exhibit A. (4) Improvements contemplated by this document will be paid for with current revenues available to the paying party. IV. DUTIES The County will perform the following duties: (a) The materials and effort necessary to complete the con- struction of strip paving improvements on the streets listed in II. above. (b) The construction of the strip paving will be in confor- mance with the requirements listed in Section 24-153 of the City of Lubbock Code of Ordinances, including: (1) Shaped drainage ditches; (2) Minimum 24 foot wide roadway with 6 inches of compacted caliche base; and (3) Minimum 20 foot wide paved surface with either a three course penetration type surface or one and one-fourth (1 1/4) inches of Type "C" hot mix asphaltic concrete surface. The City will perform the following duties: (a) any surveying, staking or associated tasks requested by the County. 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 under- taken 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 designed 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 termi- nation. 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, Texes. 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 exe- cuted this Agreement as of the effective date written below, each respective party acting by and through its governing body or its deOgnee in the manner required by each party's charter or other- wis requ a4 -,by law on the date hereinbelow specified. 14t�_ day of May , 1992. =KI DAVID R. LANGSYON 41 , MAYOR T• Ran tte Boyd, City S c etary APPROVED AS TO FORMI �14 -C)) - tA ��,7 JA4 & k A DbAald G. Vandiver, First Assistant City Attorney APPROVED AS TO CONTENT: Ji B rtram, Assistant City Man a /Development Services DGV:js/INTRLCL2.DOC/D6-Contracts.Aamts. nw= LUBBOCK COUNTY DON McBEATH, COUNTY JUDGE ATTEST: Ann Davidson, County Clerk Travis S. Ware, Criminal District Attorney