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Item 4ICITY OF SQUTHLAK -E MEMORANDUM (August 17, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve Interlocal Agreement with Carroll Independent School District for construction of westbound lanes of Kirkwood Boulevard adjacent to new Carroll Middle School located at 1800 East Kirkwood Boulevard and authorizing city participation in the amount of $126,441 Action Requested: Approve Interlocal Agreement with Carroll Independent School District for construction of westbound lanes of Kirkwood Boulevard adjacent to new Carroll Middle School located at 1800 East Kirkwood Boulevard and authorizing city participation in the amount of $126,441. Background Information: Gateway Church is proposing to construct the westbound lanes of Kirkwood Blvd., adjacent to the new Carroll Middle School (CMS) prior to the opening of the new CISD campus. While Gateway Church is required as part of the zoning case (ZA- 08 -022) for the development to build these lanes, they are not committed to building the westbound lanes until Phase III of their development. Gateway Church has approached the City of Southlake and the Carroll Independent School District (CISD) and has proposed that the Carroll Independent School District and the City of Southlake join Gateway Church in constructing the westbound lanes of Kirkwood Blvd. adjacent to the new CMS campus to minimize the interruption to the campus operation at a later date. The Carroll Independent School Board of Trustees has agreed to participate in the cost of construction of this section of Kirkwood Blvd. in an amount equal to what their staff and consultants feel would have been expended on Kirkwood Blvd. access improvements. CISD has agreed to participate in a cost not to exceed $126,441. This Interlocal Agreement with the CISD authorizes the City of Southlake to also participate in the costs of construction of the above mentioned westbound lanes of Kirkwood Blvd in an amount equal to the CISD participation, $126,441. It also establishes the City of Southlake as the responsible party to construct this portion of Kirkwood Blvd. A separate agenda item, Item 4J on this same agenda is a Commercial Developer Agreement with Gateway Church which is necessary in order to facilitate the construction of the Kirkwood Blvd. Lanes adjacent to the new CMS campus. While the participation of the CISD and the City of Southlake reduces the financial burden of Gateway Church, building the lanes prior to the opening of the new Carroll Middle School will significantly benefit the entire community by minimizing the inconvenience brought about by the building of these lanes once the school campus and Gateway Church are fully operational. Financial Considerations: $130,000 is allocated in the proposed 2011 Capital Improvement Project budget for construction of the Kirkwood westbound lanes adjacent to the new Carroll Middle School. By approval of this Interlocal Agreement (ILA) with the Carroll Independent School District, the Carroll Independent School District and the City of Southlake are both committing $126,441 each toward the construction of the above mentioned project. Strategic Link: The proposed ILA links the city's strategy map relative to the focus areas of Infrastructure and Performance Management and Service Delivery. The specific corporate objectives that are met by the construction of the development are: Collaborating with select partners to implement service solutions and providing high quality customer service. Citizen Input/ Board Review: N/A Legal Review: The City Attorney's office has reviewed and approved of the Interlocal Agreement. Alternatives: The City Council may approve or deny the Interlocal Agreement Supporting Documents: Location Map Carroll Independent School District Interlocal Agreement — Westbound Kirkwood Lanes adjacent to new CMS campus. Staff Recommendation: Approve Interlocal agreement with Carroll Independent School District for construction of westbound lanes of Kirkwood Boulevard adjacent to new Carroll Middle School located at 1800 East Kirkwood Boulevard and authorizing city participation in the amount of $126,441. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michelle McCullough, P.E., Civil Engineer c 0 v 0 J v m 'o L a INTERLOCAL AGREEMENT FOR CONSTRUCTION OF KIRKWOOD WESTBOUND (Northernmost) LANES ADJACENT TO CISD MIDDLE SCHOOL STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City," and the Carroll Independent School District, a special purpose unit of government organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "District." WITNESSETH WHEREAS, the District held a May 2009 bond election resulting in Carroll Independent School District voter authorization to construct projects identified during a year -long study of capital improvements, maintenance, security, extracurricular, technology and capacity needs; and WHEREAS, the approved $114.1 million Proposition 1 package includes construction of a new middle school, and infrastructure on Kirkwood Blvd; and WHEREAS, the City of Southlake Strategy Map includes initiative L -5, "Actively promote opportunities for partnerships ;" and WHEREAS, both the City and the District have realized direct benefits from working together, recognizing that school properties and facilities are intended primarily for school purposes and that the educational needs of the children are the highest priority, and WHEREAS, both the City and the District have determined that these projects serve an important public purpose and desire to work cooperatively with one another to construct the Westbound (Northernmost) lanes of Kirkwood Blvd. including deceleration lane to ensure the efficient use of public funds and minimize the impact on the travelling public in the vicinity of the proposed Middle School; and WHEREAS, the City, through its duly authorized Mayor, acknowledges the benefits achieved through its cooperation with the District on joint utilization projects and initiatives and desires to recognize the value of such cooperation; and WHEREAS, the City and the District now desire to enter into this agreement to provide for the terms and conditions governing the construction of Kirkwood Blvd project (adjacent to the Carroll Middle School financed with the bonds approved in the May 2009 bond election ( "the 2009 Bond Program projects"). pursuant to the Interlocal Cooperation Act, Texas Government Code, Section 791.001 et seq. NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the District and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the District do hereby contract, covenant, warrant and agree as follows: SECTION 1: FEES The District and the City hereby agree that the payment of funds in the amount of $126,441 that the CISD would have spent within the Kirkwood Blvd. public right -of -way providing access to the proposed CISD Middle School will be used in conjunction with the City's share of $126,441 to participate in the construction of the westbound (Northernmost) lanes of Kirkwood Blvd. by Gateway Church. SECTION 2. MISCELLANEOUS PROVISIONS By execution of this Agreement, each party represents to the other that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perforin; b. The undersigned officer or agent of the party has been properly authorized by that party's governing body to execute this Agreement and that any necessary resolutions extending such authority have been duly passed and are in effect; and c. All payments required or permitted to be made by a parry will be made from current revenues available to the paying party; and d. This Agreement only relates only to the design and preparation of the plans and specifications for the construction of the northernmost Westbound lanes of Kirkwood Boulevard, that the development of the CISD middle school site may be the subject of one or more other agreements between the City and CISD, and that nothing contained herein shall alter the obligations of the respective parties to those agreements unless expressly provided otherwise herein. e. The parties agree that this Agreement may be executed in multiple counterparts, each having the same force and effect. SECTION 3. SEVERABILITY The provisions of this Agreement are severable. If for any reason a clause, sentence, paragraph, or other part of this Agreement should be determined to be invalid by a Court or a Federal or State Agency, Board, or Commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. SECTION 4. NON - WAIVER The failure of the City or the District to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's or the District's right to assert or rely upon such term or right on any future occasion. CITY OF SOUTHLAKE (CITY) CARROLL INDEPENDENT SCHOOL DISTRICT (DISTRICT) By: John Terrell, Mayor Date: Attest: Lori Payne, City Secretary By: Erin Shoupp, President Board of Trustees Date: Attest: Craig Rothmeier, Secretary Board of Trustees