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Number 04COURT ORDER ORDER NO. 99, 190+ DATE NOV 10 im STATE OF TEXAS ) COUNTY OF DALLAS ) BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 10th day of November 1992, on motion made by Chris V. Semos, Commissioner of District #4 and seconded by Nancy E Judy, Commissioner of District #2 - f the following order was adopted: WHEREAS, the City of Coppell has requested the Commissioner of District 1 to cooperate with the City under the authority granted in Chapter 791 of the Texas Government Code in the minor maintenance of streets in the City of Coppell on a yearly basis= and WHEREAS, the City of Coppell has agreed to reimburse Dallas County 50% of the total cost of work performed on Type "B" and Type "C" streets; and WHEREAS, the City of Coppell has agreed to reimburse Dallas County the total labor, equipment and material costs on Type "E" streets; and WHEREAS, the Commissioner of District 1 has agreed to provide the requested maintenance and said maintenance may include scarifying, stabilizing, grading, patching, seal coating, signing, pavement marking, mowing and other repairs; and WHEREAS, this request, being Type "B ", Type "C" and Type "E" respectively, according to the Dallas County Road and Bridge Policy as adopted in Court Order No. 84 -659, is eligible for County cooperation; and IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the Commissioner of District 1 is hereby authorized to cooperate with the City of Cappell as described above and the County Judge is hereby authorized to execute the attached City /County Agreement (Attachment "A "). DONE IN OPEN COURT, this the 10th day of November , 1992. Lee F. a son, County Judge Jack n Distr walev Pr rme o is Hers Court cy Allen Bud Seen@, P.E. Director of Public Works Ct Fd*:A0W41M09:C0WU-CO i /b /qz NLkI State of Texas S County of Dallas S CITY /COUNTY AGRBMZNT mCity, Co ell , hereinafter called WHEREAS, the City Ci " and the County of Dallas, hereinafter called r county," e and improvement of oCity street agreement for main by the County; WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts; WHEREAS, the Dallas County Commissioners Court has adopted Order No. 84-659, and Order No. 92-1254 amendi Policy ng the official County Road List; NOW, THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and entered into by the City and the County upon and for the mutual consideration stated herein: Z OSE_ The terms and conditions set forth within this Agreement provide the cooperative framework for the City and the County to undertake a variety of transportation planning, engineering, design, construction, and maintenance functions, services and activities. Unless specifically delineated and defined herein, all such functions, services and activities must be approved in advance of project initiation by the Commissioners Court of Dallas County. Such approval will require, at a minimum, project definition of scope, type, location and estimated resources required by the City and by the County. WITNES5E1111 I. The City may request the County to perform services on the City's street system during the period from October 1, 1992 through September 30, 1993. This Master Agreement shall thereafter be automatically renewed each year for the same period of time until superseded by a supplemental agreement or earlier terminated as provided by this agreement. Services may include improvements and maintenance of thoroughfares and bridges of major cross - county importance which are either existing or proposed or improvements and maintenance of minor (local) streets, roads, bridges and drainage facilities for a governmental entity as defined under Page 1 of 3 Chapter 791, Texas Government Code, Interlocal Cooperation Act. Such work may include scarifying, stabilizing, grading, patching, seal coating, signing, pavement marking, mowing, widening, - re- sectioning, overlaying and other repair or improvement projects. YY. The City agrees to reimburse to the County the total cost of and work performed (including labor, equipment, administrative costs) on Type "E" streets on a monthly basis upon billing by the County. The City agrees to reimburse the County 50% of the total cost of work performed on Type S and Type "C" streets, as outlined in the current Dallas County Road and Bridge Policy. III. The City agrees to indemnify and save harmless the County from any liability or damages the County may suffer as a result of claims, demands, costs or judgements against the County arising out of the performance of the work and services under this agreement or arising from any accident, injury to damage whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this agreement and on or about this negligence ecof the except County anitl liability agents, rof f leers caused by and /or employees. IV. The City agrees to allow the County to make routine special studies of traffic conditions within the City. These studies may include traffic counts, and measurements of speed, delay and other factors. Any such studies conducted for County purposes and not specifically requested by the City will be at County expense. V. The City agrees to notify the County Department of Public Works within 30 days of any annexations or de- annexations to allow the County to accurately maintain the official Road List. VI. Specific projects to be undertaken by the terms and conditions of this agreement must be defined and clearly detailed in scope, type, location and party or parties performing the governmental functions or services. All payments must be in amounts that fairly compensate the performing party for the services or functions performed and shall be made from current revenues available to the paying party. specific project detail must be documented and supplied for individual project approval before the project is Page 2 of 3 . ` begun. Pavement marking projects performed by the County for the City will require the City to provide appropriate traffic control. Such control may include, as traffic volume and conditions warrant, flagging, cones, barricades, shadow vehicles, arrow boards, signs and other desirable actions specified by the Texas Manual on Uniform Traffic Control Devices (MUTCD). Vii. Either City or County may terminate this agreement by providing the other party thirty (30) days written notice of its intent to terminate. The written notice of the intent to terminate shall be delivered to the following: City Nanager Director of Public Works Cit�.of Box Co ell Dallas County p 411 Elm Street, 4th Floor op a exas 5 19 Dallas, TX 75202 BILLING: All work will be billed within the first five (5) working days after the end of the month in which it was performed. All invoices are due upon receipt. Escrowed funds are to be paid over to the County on a monthly basis under the same terms. A copy of each invoice is to be sent to the County Auditor as it is prepared for accounts receivable control. MISCELLANEOUS! City and County certify that this interlocal contract is executed in accordance with the governing provisions of the Texas interlocal Cooperation Act, as amended, and that any required separate documented approval by the County will be accomplished as a condition precedent to the execution of this agreement. ell , has executed this A r ement The City of C °PP pursuant to d ly uthorized city Council dated 10. 9 The County of Dallas has 31kiecuted this Agreeme t p rsuant to Commissioners Court Order No. 92 -1909 , on this 10th day of November , 1992. CITY OF By: COPPELL COUHT17�2 D LAS By: CWhty Judge APPROVED AS TO FORM: Civil District Attorney Page 3 of 3