HomeMy WebLinkAboutCity Council Resolutions (R-01-1768)-03/06/2001
RESOLUTION R-01-1768
A RESOLUTION AUTHORIZING THE APPROVAL OF A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF EULESS FOR THE RECONSTRUCTION OF
GLADE ROAD BETWEEN STATE HIGHWAY 121 AND HERITAGE AVENUE AND A
RIGHT TURN LANE ON STATE HIGHWAY 121
WHEREAS, The City of Colleyville and the City of Euless desire to enter into an
agreement to construct roadway improvements on Glade Road between
State Highway 121 and Heritage Avenue, on Heritage Avenue and a right
turn lane on southbound State Highway 121 service road; and
WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization
for municipalities to contract with one another for the performance of
government functions and services under the terms of the Act; and
WHEREAS, The City of Colleyville and the City of Euless are willing to cooperate with
one another to accomplish the construction and maintenance of this
project; and
WHEREAS, it is mutually advantageous to both parties to enter into this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City of Colleyville and the City of Euless shall enter into a
Memorandum of Understanding, "Exhibit A", to reconstruct Glade Road
between State Highway 121 and Heritage Avenue and a right turn lane on
State Highway 121.
Sec. 2.
THAT the City of Euless will bid these improvements at a later date and
the Colleyville City Council retains the right to accept or decline the bids
for the right turn lane at State Highway 121 and Glade Road.
Sec. 3.
THAT the City of Colleyville and the City of Euless shall hire a traffic
consultant to study the timing of the traffic signals associated with this
project.
AND IT IS SO RESOLVED.
NAYS, AND
,2001.
PASSED BY A VOTE OF AYES,
THIS THE DAY OF
ATTEST:
Cynthia Singleton, TRMC
City Secretary
Resolution R-01-1768
Page 2 of 2
ABSTENTIONS ON
No Action Taken - Resubmitted 3/20/01
Under R-01-1772 Revised
CITY OF COLLEYVILLE
Donna Arp
Mayor
EXHmIT "A"
ST ATE OF TEXAS 9
COUNTY OF TARRANT 9
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF COLLEYVILLE, TEXAS AND THE CITY OF EULESS,
TEXAS FOR THE RECONSTRUCTION OF GLADE ROAD BETWEEN STATE
IDGHWAY 121 AND HERITAGE AVE., A PORTION OF HERITAGE AVE., AND A
RIGHT TURN LANE AT STATE IDGHWAY 121.
This Memorandum of Understanding (the "Agreement") for the Construction of
Paving, Drainage, Traffic Signals and Landscaping Improvements ("roadway
improvements") on Glade Road between State Highway 121 and Heritage Avenue and on
a portion of Heritage Avenue and a right turn lane on southbound State Highway 121
service road at Glade Road is made and entered into by and between the City of
Colleyville, Texas, a municipal corporation located in Tarrant County, Texas,
("Colleyville"), and the City ofEuless, Texas, a municipal corporation located in Tarrant
County, Texas ("Euless").
WHEREAS, Colleyville and Euless desire to enter into an agreement to construct
roadway improvements on Glade Road between State Highway 121 and Heritage
Avenue, on Heritage Avenue and a right turn lane on southbound State Highway 121
service road; and
WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides
authorization for municipalities to contract with one another for the performance of
government functions and services under the terms of the Act; and
WHEREAS, Euless has the need to construct these roadway improvements, which
shall be located in minority part in Colleyville and in majority part in Euless; and
WHEREAS, portions of the Glade Road and Heritage Avenue right-of-way is
within Colleyville City limits; and
WHEREAS, Colleyville and Euless shall provide financing for the Project as
provided herein; and
WHEREAS, Colleyville and Euless are willing to cooperate with one another to
accomplish the construction and maintenance as provided in this Agreement; and
WHEREAS, it is mutually advantageous to both parties to enter into this
Agreement:
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, Colleyville and Euless hereby contract,
covenant, warrant and agree as follows:
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.
OBLIGATIONS OF PARTIES
1.
Euless has contracted for and will be responsible for the Consulting
Engineering Services related to the preparation of engineering plans and
specifications related to the roadway and traffic signal improvements on Glade
Road from State Highway 121 to Heritage Avenue and along a portion of
Heritage Avenue. Euless will include in the engineering plans and specifications
a design for a right turn lane located along the west edge of the State Highway
121 southbound service road. Colleyville will reimburse Euless for the portion of
the Consulting Engineering Fee attributable to the surveying and design of the
right turn lane. Colleyville will be responsible for any utility relocations and
right-of-way acquisition associated with the right turn lane. Euless will be
responsible for any utility relocations associated with the Glade Road or Heritage
Avenue roadway improvements. The construction plans and specifications for the
project shall be submitted to Colleyville for their review and concurrence.
2.
Euless will award a construction contract for the construction of the
aforementioned roadway improvements on Glade Road and Heritage Avenue
including the SH 121 right turn at Glade Road.
3.
Euless agrees to construct paving, drainage, traffic signals, and landscaping
improvements on Glade Road between State Highway 121 and Heritage Avenue
and on Heritage Avenue, a westbound asphalt transition to the drainage culvert, in
accordance with the construction plans. Euless will be responsible for all costs
for the construction of the improvements as defined in the plans with the
exception of what is defined in this Agreement as Colleyville's cost.
Euless agrees to construct in accordance with the construction plans the right
turn lane from SH 121 access road to Glade Road. Colleyville agrees to
4.
reimburse Euless the cost for the right turn lane improvement based on the unit
bid prices contained in the construction contract.
5. Colleyville will be responsible for the perpetual maintenance of the existing
three concrete lanes on Glade Road and all water lines and sanitary sewer lines
that are connected to the related Colleyville system that exist within the
Colleyville City limits. Euless shall be responsible for the perpetual maintenance
of the two proposed eastbound concrete lanes, and the traffic signal on Glade
Road at Towne Crossing Boulevard and all water lines and sanitary sewer lines
that are connected to the related Euless system that exist within the Euless City
limits.
6. Euless agrees that the construction to be done within Colleyville shall be in
accordance with Colleyville's Code of Ordinances
III.
INDEMNIFICATION AND HOLD HARMLESS
1. Euless agrees to indemnify and hold Colleyville harmless to the extent allowed
by law from any claim by a third party for damages arising from or resulting from
the construction of that portion of the Euless Project lying in the City of
Colleyville under the supervision and control of the City ofEuless.
2. However, the indemnification and hold harmless contained herein shall not be
deemed a waiver of any sovereign immunity allowed pursuant to Tex.. Civ. Proc.
& Rem. Code Section 101.001 et. seq., or otherwise.
IV.
NOTICES
Any notice required to be given under this Agreement shall be deemed to have
been adequately given if deposited in the United States mail in an envelope with
sufficient postage and properly addressed to the other party as follows:
TO EULESS:
City ofEuless
201 N. Ector Drive
Euless, Texas 76039
Attention: City Manager
TO COLLEYVILLE:
City of Colleyville
P. O. Box 185
Colleyville, Texas 76034
Attention: City Manager
A change of address may be made by either party upon giving ten (10) days prior
written notice.
v.
MISCELLANEOUS PROVISIONS
1. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
2. This Agreement constitutes the sole and only agreement of the parties hereto
and supersedes any prior understandings or written or oral agreements between
the parties regarding 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 one and the same instrument.
5. If, in case anyone 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, 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. The obligations and undertakings of each of the parties to this Agreement are
and shall be performable in Tarrant County, Texas.
7. Each party hereto warrants that it has received authority from its governing
body to enter into this Agreement.
EXECUTED this the _ day of
, 2001.
CITY OF COLLEYVILLE, TEXAS
CITY OF EULESS, TEXAS
Mayor
City of Colleyville, Texas
Mayor
City ofEuless, Texas
ATTEST:
ATTEST:
City Secretary
City of Colleyville, Texas
City Secretary
City ofEuless, Texas
[SEAL]
[SEAL]
APPROVED AS TO FORM:
APPROVED AS TO FORM:
City Attorney
City of Colleyville, Texas
City Attorney
City ofEuless, Texas
ST ATE OF TEXAS 9
COUNTY OF TARRANT 9
This instrument was acknowledged before me on the _ day of
2001, by , Mayor, City ofColleyville, for the purposes and
consideration therein expressed.
Notary Public in and for the State of Texas
STATE OF TEXAS 9
COUNTY OF TARRANT 9
This instrument was acknowledged before me on the _ day of ,
2001, by , Mayor, City of Euless, for the purposes and consideration
therein expressed.
Notary Public in and for the State of Texas