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
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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
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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
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. `
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
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