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Home My WebLink AboutResolution No. 2010-047CITY OF THE COLONY, TEXAS RESOLUTION NO. 2010- t q q A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH TEXAS TOLLWAY AUTHORITY (NTTA) FOR LANDSCAPING IMPROVEMENTS ON SAM RAYBURN TOLLWAY (S.H. 121) AT ITS INTERSECTION WITH MAIN STREET (F.M. 423); THAT SAID AGREEMENT IS INCORPORATED HEREIN AS "EXHIBIT A"; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of The Colony, Texas desires to enter into an Interlocal Agreement with the North Texas Tollway Authority (NTTA) for the purpose of facilitating landscaping improvements on S.H. 121 at its intersection with F.M. 423; and, WHEREAS, the NTTA shall provide landscaping and an irrigation system, and shall purchase necessary water from the City to maintain said landscaping according to the Agreement; and, WHEREAS, the City Council of the City of The Colony agrees to waive associated impact fees, irrigation permit fees, and tap fees; and to provide and install three (3) 1 -inch water meters necessary for maintaining said landscaping. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby finds it in the best interest of its citizens to enter into an Interlocal Agreement with the North Texas Tollway Authority, which is attached as "Exhibit A", for the purpose of facilitating landscaping improvements on S.H. 121 at its intersection with F.M. 423. Section 2. That the City Manager is authorized to execute said Interlocal Agreement on behalf of the City. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 1st day of June, 2010. ATTEST: Chi�OWilson, TRMC, City Secretary APPROVED AS TO FORM: Jed\Moore,,,City Attorney Th SI J7 Ll)lll� L �z STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL AGREEMENT FOR LANDSCAPING WHEREAS, the City of THE COLONY, Texas, a Texas municipal corporation (hereinafter called "City"), and the North Texas Toliway Authority (hereinafter called "NTTA"), desire to provide landscaping on State Highway 121 at its intersection with FM 423, also known as Main Street within the City of The Colony, Texas (the "Project"); and and, WHEREAS, the area of proposed landscaping is within the City of The Colony, Texas; WHEREAS, the Project will involve the joint participation of the City and the NTTA, each of whom bear certain respective rights and responsibilities; and; WHEREAS, the City and the NTTA desire to enter into an agreement for the construction of the Project, to include all work necessary to design and accomplish same; and WHEREAS, Chapter 791 of the Texas Government Code provides authorization for any local government to contract with one or more other local governments to perform governmental functions and services under the terms of said Act; NOW, THEREFORE, this Agreement is hereby made and entered into by the City and the NTTA for the mutual consideration stated herein: ARTICLE I. AGREEMENT 1.1. The NTTA shall provide landscaping and irrigation for such landscaping on State Highway 121 at its intersection with FM 423, also known as Main Street, as depicted on the landscape plan attached hereto and incorporated herein as Exhibit A, within the City of The Colony, Texas. 1.2. NTTA shall provide landscaping at all four (4) corners of the intersection, with slight variations agreeable to the parties, as generally depicted in the landscape plan attached hereto and incorporated herein as Exhibit A, and as described as follows: Page 1 TM 29686.76.000 (a) The planted area shall be offset from the shoulder a minimum of ten feet (10') and planted with turf grass. (b) Trees shall be offset from the roadway to prevent canopy overhang once the tree reaches maturity. Specified distance shall be based on tree type. (c) Planting beds shall be of an appropriate size to be visible from a distance, to provide a real impact in color/texture, and to work within the zoning requirements of the irrigation used. 1.3. NTTA will need three (3) 1 -inch water meters. NTTA shall be responsible, at its sole expense, for the installation of the irrigation system, in accordance with City codes and ordinances. NTTA shall pay the City for on-going water from the City for irrigation of the landscaping. Upon completion of the system, NTTA shall, at it sole expense, maintain said landscaping and irrigation upon acceptance along with any appropriate bonds and warranties. 1.4. The City agrees to waive impact fees, including the water impact fees ($12,399), the irrigation permit fees ($345), and tap fees ($2,190) associated with the building permit in the amount of fourteen thousand nine hundred and thirty-four dollars ($14,934.00). The City also agrees to provide and install the necessary water metering equipment. ARTICLE H. AVAILABILITY OF FUNDS 2.1 NTTA represents that funding for the Project and all related design and construction work to be performed has been appropriated at the time of execution of this Agreement. In the event no funds or insufficient funds are appropriated or budgeted for the intended use under this Agreement, then NTTA will immediately notify City of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received, except as to the portions of payments herein agreed upon for which funds shall have been so appropriated and budgeted. 2.2 Notwithstanding anything contained in this Agreement to the contrary, all the financial obligations of the City pursuant to this Agreement are subject to appropriations for each budget year during the term of this Agreement. In the event no funds or insufficient funds are appropriated or budgeted for the intended use under this Agreement, then the City will immediately notify NTTA or its assignee of such occurrence and this Agreement shall terminate Page 2 TM 29686.76.000 on the last day of the fiscal period for which appropriations were received, except as to the portions of payments herein agreed upon for which funds shall have been so appropriated and budgeted. ARTICLE III. INDEMNIFICATION 3.1. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS, AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE IN CONNECTION WITH PERFORMING THIS AGREEMENT. THIS AGREEMENT AND THE INDEMNITY PROVIDED HEREIN IS NOT INTENDED TO AND SHALL NOT CREATE ANY CAUSE OF ACTION FOR THE BENEFIT OF THIRD PARTIES OR ANY PERSON NOT A PARTY TO THIS AGREEMENT. ARTICLE IV. MISCELLANEOUS 4.1. The City and the NTTA agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible in accordance with the laws of the State of Texas for its own acts, forbearance, negligence and deeds, and for those of its officers, agents or employees in conjunction with the performance of work covered under this Agreement. 4.2. This Agreement may not be modified or amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. 4.3. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action regarding this Agreement filed by either the City or the NTTA shall be in the state courts of Denton County, Texas. 4.4. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by all parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. Page 3 TM 29686.76.000 4.5. It is expressly understood and agreed that, unless otherwise expressly provided, no party to this Agreement waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 4.6. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal, and this Agreement shall be construed independently of such provision as if the parties had never intended for its inclusion. 4.7. This Agreement shall be effective upon execution by all parties and shall continue in effect until final acceptance of the Project. Article III hereof shall survive the termination of this Agreement. Executed in single or multiple originals as of the , / day of , 2010, hereafter deemed to be the Effective Date of this Agreement. CITY OF THE COLONY, TEXAS B TROT C LL, G MANAGER ATTEST: CHRISI WILSON, CITY SECRETARY NORTH TEXAS TOLLWAY AUTHORITY By ELIZ ETH MOW, DIRECTOR OF PROJECT DELIVERY Page 4 TM 29686.76.000 EXHIBIT A -.Nati ti: N:t:E wrII4 1 -UM FEU 7 —'n JA..LCH 9ET. F.RRE -P.TEF-FET3°EF F j , _ _._ ... J. _ FYi1E�' SH47TUl: MRH 6P.L^•H BE( F'EL ti'•.A'.Jr� CON --LT TE-,; t,*.F Pd+ltE h'hT£ka<EEE£It—' '. ii `yV�MVI�-W W /V�AW.��/v� ♦f `�tC'�L'�yltlLr � .il.CKr� "7 ♦ ' --1 Jlii�FE�i#6M��3R5�i3CF. l� .RR' '1�'•�+�� fx �w � �#�•R �.t�� / i�lf►/'i>.f Yr�[t.ft./' i J r . F j , _ _._ ... J. _ FYi1E�' SH47TUl: MRH 6P.L^•H BE( F'EL ti'•.A'.Jr� CON --LT TE-,; t,*.F Pd+ltE h'hT£ka<EEE£It—' ii i J r Page 5 TM 29686.76.000 0 t0 Tn a0 =F,,-v.PLE WI%7Ek,-FEE3JE8 C,::T TE -4;-'z i -E WOP wH94 LE cffix>!; "Ell ILCCA Om Fd LGH em—1. —7- N WY 471 CIV4",'T TEx Lr IWE I SHWMIM WFLE 'ELIC. •..0 ATH H. -I. -H BEL, '\--yA f4l, H.'(Lf -TfA H-LZ;H BEL, M t.E -fITEII-,+EEID Page 6 SAM RAYBURN MUWAY AOM WAS raLWAY AMWMffY :N -Ek":` --E'T I-Opli FIC -P Karl 41TkEET A'T '--VT H4TFI 777, ratiminL- --Y" 2--#MKT "-HET TM 29686.76.000