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
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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