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Home My WebLink AboutResolution No. 2009-45 RESOLUTION NO. R2009-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, INTERLOCAL AGREEMENTS BY AND BETWEEN THE CITY AND GALVESTON COUNTY FOR ISSUES RELATING THE COUNTY'S 2008 BOND PROGRAM, MORE SPECIFICALLY FM 518 - DOWNTOWN DRAINAGE IMPROVEMENTS, MELODY LANE RECONSTRUCTION, SUNNYVIEW AVENUE AND SKYVIEW TERRACE RECONSTRUCTION PROJECTS. � � � � � � � � � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That Interlocal Agreements by and between the City and Galveston County for issues relating to the County's 2008 Bond Program, more specifically FM 518 - Downtown Drainage Improvements, Melody Lane Reconstruction, Sunnyview Avenue and Skyview Terrace Reconstruction are hereby approved. Section 2. That the Mayor and City Secretary are authorized and directed to execute and attest, respectively, the Interlocal Agreements by and between the City and Galveston County in substantially the same form as are attached hereto as Exhibits "A", "B" and "C" and made a part hereof for all purposes. PASSED, APPROVED AND RESOLVED on this 17th day of Au�ust,2009. Da d J. . rth Mayor ATTEST: , o� F R��Nps � Deloris McKenzie, T C v p City Secretary � * * � � ��TF OF '�� - Exhibit A (R2009-45) ��q J The State of Texas § § County of Galveston § Interlocal Agreement to Partially Fund Drainage Improvements to FM 518 within the City Limits of Friendswood,Texas This Agreement is entered into pursuant to authority granted in Chapter 791 of the Texas Government Code. It is by and between the County of Galveston and the City of Friendswood, a home-rule municipality,both of which are political subdivisions of the State of Texas. I. Preamble The Parties agree: • The county allocated $1,500,000 in funds to be used as the County's share for improvements to FM 518 in the City of Friendswood. II. Project The project consists of the installation of parallel storm sewers within the right-of-way of FM 518, and the installation of outfalls along Stones Throw Ave and E. Castlewood Ave. The segment of FM 518 in question is south of Willowick Dr. to E. Castlewood Ave. III. City Approval • The City gives its approval to the County to finance the Project up to the limits established herein. IV. Payment • The County will partially finance a share the Project cost up to a maYimum expenditure of$1,500,000. The City will be responsible to provide funding for or obtain funding from other outside sources for all additional Project costs, if any. Nothing herein however, shall preclude the County from providing additional funds for this Project,but the County shall be under no obligation to do so. V. Duties 5.1 The City will,to the County's satisfaction: • Design,construct, and manage the project • Furnish the County with a set of plans and specifications • Invoice the County through the City Engineer for the County's share of expenses on the Project • Submit supporting documentation with each invoice • Deal with local citizen issues and questions during design and construction. • Provide any necessary right-of-way • After completion of the Project, be responsible for such maintenance and upkeep as is required to keep the Project properly functioning. VI. Completion of Project • Upon payment of$1,500,000 by the County, the County's responsibility under this Agreement ends VI. General Provisions: • Anything in this Agreement to the contrary notwithstanding, a) in no event shall any provision of this Agreement be construed to impose, create or increase any liability to any third party whatsoever; and b) in no manner shall this Agreement be construed to operate for the benefit of any third party. • This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties representing the within subject matter. • Each pariy represents that it has full authorization to enter into this Agreement as required by law. • The parties agree to pay any payments made pursuant to this Agreement from current revenues. • This Agreement may be executed in multiple originals. • In case any one or more of the provisions contained in the Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such fact shall not affect any other provision thereof and this Agreement shall be construed as if the stricken provision had never been contained herein. • Each party to this Agreement agrees that in any legal action brought hereunder, venue sha111ie in Galveston County, Texas. The validity of this Agreement and of its terms and provision, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas. 2 • It is expressly understood and agreed that under this Agreement neither pariy waives, not shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Executed this 26th day of Au�ust ,2009. County of Galveston By: es D.Ya brou ounty Judge Attest: Mary nn Daigle Cou Clerk Executed this 17'h day of Au�ust,2009. City o riendswood By: D id J. H. Smith Mayor Attest: .�� R'EN�`��t ODe oris McKenzie,T C v o City Secretary * * � �4rF OF 'iE�Q°� 3 �- - Exhibit B (R2009-45) �� 9 The State of Texas § § County of Galveston § Interlocal Agreement to Partially Fund Improvements to City Streets known as Melody Lane within the City Limits of Friendswood,Texas This Agreement is entered into pursuant to Chapter 791 Texas Government Code and Transportation Code §251.012. It is by and between the County of Galveston and the City of Friendswood, a home-rule municipality, both of which are political subdivisions of the State of Texas. I. Preamble The Parties agree: • The county allocated $4,200,000 in road funds to be used as the County's share for improvements to Melody Lane in the City of Friendswood II. Project The project consists of the reconstruction of Melody Lane, west of FM 235 L The segment of Melody Lane from FM 2351 to Woodland Park Drive will be reconstructed as a three(3) lane concrete curb and gutter section. West of Woodland Park Drive will be reconstructed as a two(2)lane curb and gutter section. III. City Approval • As required by the Texas Transportation code §251.02 the City gives its approval to the County to finance the Project up to the limits established herein. IV. Payment • The County will partially finance a share of the Project up to a maximum expenditure of$4,200,000. The City will be responsible to provide funding for or obtain funding from other outside sources for all additional Project costs, if any. Nothing herein however, shall preclude the County form providing additional funds for this Project,but the County shall be under no obligation to do so. V. Duties 5.1 The County will: • Design, construct, and manage the project per the City's requirements • Furnish the City with a set of plans and specifications. • Transfer any and all warranties to the City • Resolve any disputes with contractor(s) • The City shall not be responsible for the resolution of any disputes with the contractor up to and including mediation or litigation 5.2 The City will: • Deal with local citizen issues and questions during design and construction. • Provide any necessary Right of Way. • After completion of the Project, be responsible for such maintenance and upkeep as is required to keep the Project properly functioning. VI. Completion of Project • Upon completion and acceptance of this Project following the contractor's one (1) year maintenance period, the County's responsibility under this Agreement ends VI. General Provisions: • Anything in this Agreement to the contrary notwithstanding, a) in no event shall any provision of this Agreement be construed to impose, create or increase any liability to any third party whatsoever; and b) in no manner shall this Agreement be construed to operate for the benefit of any third party. • This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties representing the within subject matter. • Each party represents that it has full authorization to enter into this Agreement as required by law. • The parties agree to pay any payments made pursuant to this Agreement from current revenues. • This Agreement may be executed in multiple originals. 2 • In case any one or more of the provisions contained in the Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such fact shall not affect any other provision thereof and this Agreement shall be construed as if the stricken provision had never been contained herein. • Each party to this Agreement agrees that in any legal action brought hereunder, venue shall lie in Galveston County, Texas. The validity of this Agreement and of its terms and provision, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas. • It is expressly understood and agreed that under this Agreement neither party waives, not shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Executed this 26th day of August ,2009. County of Galveston sy: m s D. a rou ty Judge Attest: Mary nn Daigle Cou�ty Clerk Executed this 17th day of August,2009. City f rie dswood By: D id ith Mayor Attest: o� FR�EIyO� � � �O V O D oris McKenzie, RM ° City Secretary * * � � ��rF oF SE�' 3 _ � Exhibit C � ,� q (R2009-45) J The State of Texas § § County of Galveston § Interlocal Agreement to Partially Fund Improvements to City Streets known as Sunnyview Ave and Skyview Terrace within the City Limits of Friendswood,Texas This Agreement is entered into pursuant to Chapter 791 Texas Government Code and Transportation Code §251.012. It is by and between the County of Galveston and the City of Friendswood, a home-rule municipality, both of which are political subdivisions of the State of Texas. I. Preamble The Parties agree: • The county allocated $1,200,000 in road funds to be used as the County's share for improvements to Sunnyview Avenue and Skyview Terrace in the City of Friendswood II. Project The project consists of the reconstruction of Sunnyview Avenue and Skyview Terrace, bounded by FM 518 and Quaker Drive. Both roadways will be reconstructed as a concrete curb and gutter section. IIL City Approval • As required by the Texas Transportation code §251.02 the City gives its approval to the County to finance the Project up to the limits established herein. IV. Payment • The County will partially finance a share of the Project up to a m�imum expenditure of$1,200,000. The City will be responsible to provide funding for or obtain funding from other outside sources for all additional Project costs, if any. Nothing herein however, shall preclude the County from providing additional funds for this Project, but the County sha11 be under no obligation to do so. V. Duties 5.1 The County will: • Design,construct, and manage the project per the City's requirements • Furnish the City with a set of plans and specifications. • Transfer any and all warranties to the City • Resolve any disputes with contractor(s) • The City shall not be responsible for the resolution of any disputes with the contractor up to and including mediation or litigation 5.2 The City will: • Deal with local citizen issues and questions during design and construction. • Provide any necessary Right of Way. • After completion of the Project, be responsible for such maintenance and upkeep as is required to keep the Project properly functioning. VI. Completion of Project • Upon completion and acceptance of this Project following the contractor's one (1) year maintenance period, the County's responsibility under this Agreement ends VI. General Provisions: • Anything in this Agreement to the contrary notwithstanding, a) in no event shall any provision of this Agreement be construed to impose, create or increase any liability to any third party whatsoever; and b) in no manner shall this Agreement be construed to operate for the benefit of any third party. • This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties representing the within subject matter. • Each party represents that it has full authorization to enter into this Agreement as required by law. • The parties agree to pay any payments made pursuant to this Agreement from current revenues. • This Agreement may be executed in multiple originals. • In case any one or more of the provisions contained in the Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such fact shall not affect any other provision thereof and this Agreement shall be construed as if the 2 stricken provision had never been contained herein. • Each party to this Agreement agrees that in any legal action brought hereunder, venue shall lie in Galveston County, Texas. The validity of this Agreement and of its terms and provision, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas. • It is expressly understood and agreed that under this Agreement neither party waives, not shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Executed this 26th day of August ,2009. County of Galveston By: s D.Yar rou nty Judge Attest: < Mary A Daigle County lerk Executed this 17th day of Au�ust,2009. City of Friendswood By: avi J. . Smith Mayor Attest: �O� FR1Ep�� O Deloris McKenzie,TRM v o City Secretary � * `�''qrF oF ,��,�' 3