COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, July 13, 2009
HEADED ITEM NO.12
HEADED ITEM: R. DepartmenReport on Proposed Section 85 Agreement with Kildare County Council (on behalf of National Roads Authority) in relation to
· Replacement of expansion joints on Greenhills Road/M50 bridge:
· Replacement of expansion joints on Stocking Lane/M50 bridge:
· Resurfacing of Knocklyon pedestrian bridge over M50.
(circulated herewith)
REPLY:
LOCAL GOVERNMENT ACT 2001
SECTION 85 AGREEMENT
between
KILDARE COUNTY COUNCIL
and
SOUTH DUBLIN COUNTY COUNCIL
For the
REPLACEMENT OF EXPANSION JOINTS ON GREENHILLS ROAD OVERBRIDGE/M50 AND STOCKING LANE OVERBRIDGE /M50 AND THE REWATERPROOFING AND RESURFACING OF THE M50/ KNOCKLYON FOOTBRIDGE
AGREEMENT made this day of 2009, BETWEEN THE COUNTY COUNCIL OF THE COUNTY OF KILDARE (hereinafter called Kildare County Council) having its principal offices at Aras Chill Dara, Devoy Park, Newbridge Road, Naas in the County of Kildare of the One Part
AND THE COUNTY COUNCIL OF THE COUNTY OF SOUTH DUBLIN (hereinafter called South Dublin County Council) having its principal offices at County Hall, Tallaght, Dublin 24 in the County of South Dublin of the Other Part.
WHEREAS:
(a) South Dublin County Council is desirous of replacing the deteriorated expansion joints on the M50, Greenhills Road overbridge, repairing the deteriorated expansion joints on the M50, Stocking Lane overbridge and rewaterproofing and resurfacing the M50, Knocklyon Footbridge, which is described in the Schedule hereto and is hereinafter called “the project”.
(b) South Dublin County Council being of the opinion that it would be more convenient if all statutory powers functions and duties which may be exercised and performed by it in relation to the construction of the project were exercised and performed by Kildare County Council on behalf of South Dublin County Council (The National Roads Authority and Kildare County Council having the resource of the Kildare National Roads Design Office) and Kildare County Council being able and willing to exercise and perform the foregoing Statutory powers functions and duties the parties hereto have agreed by resolution of each said Council and in accordance with the provisions of Section 85 of the Local Government Act 2001 (as amended) to enter into this agreement.
NOW THEREFORE IT IS HEREBY AGREED by and between the parties hereto as follows:-
- South Dublin County Council hereby agrees to Kildare County Council exercising and performing on its behalf, all of its Statutory powers, functions and duties of South Dublin County Council, which are now, or may hereafter be vested in South Dublin County Council, and necessary to enable Kildare County Council to perform and carry out fully all functions of South Dublin County Council necessary to achieve the construction and completion of the Project.
- Kildare County Council shall construct and complete the Project to such a standard as it may decide in consultation with the National Roads Authority and shall incur such costs or expenses (hereinafter collectively referred to as “the Cost”) as it may decide is necessary for the cost of constructing and completing the Project and as may be ancillary and consequential hereto. The design will be provided by the NRA and its agents.
- Kildare County Council shall be responsible for and shall apply to the appropriate Authority for an allocation of the funds necessary to cover the cost.
- The actual cost of the construction and completion of the Project shall include the costs and expenses of all acts necessary and ancillary thereto which shall be ascertained and certified by the Director of Services, Directorate of Transportation or other person as may be appointed by the County Manager of Kildare County Council.
- Kildare County Council shall consult with and shall provide South Dublin County Council and its officers with all information currently available to it, which South Dublin County Council may require from time to time in relation to the execution of the Project.
- South Dublin County Council shall provide Kildare County Council and its officers with all information currently available to it which Kildare County Council may require in relation to the execution of the Project
- South Dublin County Council shall co-operate fully with Kildare County Council in all respects and where and when necessary in relation to the exercise and performance by Kildare County Council of the Statutory powers, functions and duties undertaken by it under this agreement.
- In the event of a dispute arising between the parties hereto as to the effect or interpretation of this agreement or as to the respective rights or liabilities of the parties hereto same shall be referred to and decided by the National Roads Authority or by such other person as the said Authority may appoint and in that respect the decision of the said Authority or the person so appointed shall be final and binding on the parties hereto.
IN WITNESS whereof South Dublin County Council and Kildare County Council have caused their respective Seals to be affixed hereto on the day and year first hereinbefore WRITTEN
PRESENT when the Corporate Seal of the COUNTY COUNCIL OF THE COUNTY OF KILDARE was affixed hereto:-
(Nominated member)
(County Manager)
(County Secretary)
PRESENT when the Corporate Seal of the COUNTY COUNCIL OF THE COUNTY OF SOUTH DUBLIN was affixed hereto:-
(Nominated member)
(County Manager)
(County Secretary)
SCHEDULE HEREINBEFORE REFERRED TO
The construction/replacement of Bridge Deck Expansion joints at the M50, Greenhills Road Overbridge, Greenhills Road, Tymon North, Dublin 24; the repair of a defective Bridge Deck Expansion Joint at the M50, Stocking Lane Overbridge, Stocking Lane, Dublin 16; the rewaterproofing and resurfacing of the M50, Knocklyon Footbridge, Knocklyon, Dublin 16 in accordance with the provisions of the Roads Act 1993 to 2007 and in accordance with the design referred to in paragraph (2) of this agreement.