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Home My WebLink AboutResolution 2007-051 RESOLUTION NO. 2007-051 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the city manager is authorized to execute on behalf of the City of North Richland Hills the attached Agreement between the City of North Richland Hills and the Birdville Independent School District. APPROVED AS TO CONTENT: I1JC-~ C,X- Mike Curtis, P.E., Public Works Director Resolution No. 2007-051 Page 1 of 5 CITY OF NORTH RICHLAND HILLS AGREEMENT WITH THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § THAT the Birdville Independent School District (heteinafter called "BISD"), and the City of North Richland Hills, Tarrant County, Texas (h~reinafter called "City"), agree as follows: City and BISD have collaboratively agreed to re-route a portion of Dick Lewis Drive so that students will not have to cross the street going to and from the parking lot to Richland High School, and to address a drainage problem at the intersection of Dick Lewis Drive and Holiday Lane that has been caused by ~ilt and debris covering the drainage outlet pipes; and to widen Holiday Lane and add a turn lane on Holiday Lane. ¡' In consideration of the mutual covenants herein contained and for the purpose of providing public improvements desired by City and BISD, including off-site drainage improvements, street construction and traffic signal and signs as hereinafter described, the BISD and the City hereto agree as follows: 1. BISD agrees to reconstruct 425 feet of Holiday Lane as a concrete street and to construct a left turn lane at the intersection of Holiday Lane and Dick Lewis Drive to city specifications in accordance with plans submitted to and approved by City's public works department. City agrees to reimburse BISD 50%'ofthe cost of such reconstruction, construction and required testing within 30 days of receipt of each progressive billing from the contractor. 2. At City's request, BISD agrees to construct off-site channel improvements from the outfall pipe of the existing Dick Lewis Drive storm drain system East to the connection with the existing Calloway Branch channel to city sltecifications in accordance with plans submitted to and approved by City's public works department. City agrees to reimburse BISD 100% of the cost of such improvements within 30 days of each progressive billing from the contractor. 3. At City's request BISD agrees to have a new traffic signal designed and installed at the intersection of Holiday Lane and Dick Lewis Drive to city standards and spebifications, with black powder coating, backlit street signs and an opticom system and decorative street lights on mast arms. City agrees to reimburse BISD 50% of the cost of such signal installation within 30 days of each progressive billing from the contractor. AGREEMENT BETWEEN NORTH RICHLAND HILLS AND THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT Page 1 Resolution No. 2007-051 Page 2 of 5 4. BISD agrees that any property donated or dedicated or to be dedicated in the proposed development as well as all public improvements contemplated by this agreement are roughly proportionate to the proposed development and waives any claim to any such dedicated or donated property or for reimbursement for any such public improvements. beyond what has been agreed to by City in this Agreement. BISD and Citý further acknowledge and agree that either no public infrastructure improvements have been required or that all prerequisites to a determination of rough proportionality have been met, and that any costs incurred relative to such dedication, donation or public improvements for such proposed development are related both in nature and extent to the impact of such proposed development upon City and its needs related thereto. ijISD and City waive any and all claims they may have against each other to any and all rough proportionality and individualized determination r~quirements mandated by the U.S. Supreme Court in Dolan vs. City of Tigard, 512 U.S. 374 (1994) and by the Texas Supreme Court in Town of Flower Mound ys. Stafford, 135 SW3d 620 (2004), as well as any other requirements for a nexus between development conditions and the relationship and extent of impact of the development as related to a need for required public infrastructure, property dedication, and park donation requirements. 5. The City will provide the inspection as required, and üpon satisfactory completion of the work the City will accept ownership and operation of the system subject to the terms of the maintenance bonds, the cost of which shall be shared equally by City and BISD. 6. City and BISD agree to pay the amounts set forth on the Shared Payment Schedule attached hereto. 7. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills, Texas. ' This Agreement was approved in its entirety at the meeting of the City Council of the City of North Richland Hills on the _ day of _2007, by a majority vote of the Council. This Agreement was approved in its entirety at the meeting o( the Board of Trustees of the Birdville Independent School District on the 23rd day of August, 2007. BIRDVILLE INDEPENDENT SCHOOL DISTRICT ByJff~a.JJ+~ Wanda Strong, President AGREEMENT BETWEEN NORTH RICHLAND HILLS AND THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT Page 2 Resolution No. 2007-051 Page 3 of 5 CITY OF NORTH RICHLAND HILLS By: Larry J. Cunningham, City Manager ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head This item, or copy hereof, was examined and approved by J.B. Mor~ß ~ ...... AGREEMENT BETWEEN NORTH RICHLAND HILLS AND THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT Page 3 Resolution No. 2007-051 Page 4 of 5 Shared Payment Schedule BISD Cost Share Dick Lewis St - Holiday Lane Signalization West Utilities Total (100%) (50%) (50%) (100%) Construction Cost $ 449,225 $128,075 $ 49,625 $394,490 $1,021,415 HKS Architects $ 11,230.63 $3,021.88 $ 1,240.63 $ 9,862.25 $ 25,535.39 Engineering $ 20,215.13 $5,763.50 $ 4,350 $ 17,752.05 $ 48.080.68 Surveving $ 3,780 $1,890 -0- $ 945 $ 6.615 Testing $ 9,487.50 $1,302.50 -0- -0- $ 10,790 , Inspection (3.29%) $ 14,779.50 $4,213.67 $ 1,632.66 $ 12,978.72 $ 33,064.55* Plan Review (2.19%) $ 9,838.03 $2,804.84 $ 1,086.79 $ 8,639.33 $ 22.368.99* Total $518,555.79 $147,251.39 $ 57,935.08 $ 444,667.35 $1,168,409.61 * Inspection fee and Plan review fee of$55,433.54 to be.paid by contractor Total BISD Share: $ 1,112,436.07 City of North Richland Hills Cost Share " \ Holiday Lane Signalization Off-Site Channel Total (50%) (50%) Improvements (100%) Construction Cost $128,075 $ 49,625 $ 46,000 $ 223,700 HKS Architects $3,021.88 $ 1,240.63 $ 1,150 $ 5,592.51 Engineering $5,763.50 $ 4,350 $ 2,070 $ 12,183.50 Surveying $1,890 -0- $ 2,400 $ 4,290 Testing $1,302,50 -0- $ 200 $ 1,502.50 Inspection (3.29%) $4,213.67 $ 1,632.66 $ 1,513.40 $ 7,359.73* Plan Review (2.19%) $2,804.84 $ 1,086.79 $ 1,007.40 $ 4,899.03* Total $147,251.39 $ 57,935.08 $ 54,340.80 $ 25'A;527.27 *These fees are paid to the City ofNRH Total Share of City of North Richland Hills: $ 247,268.51 ..... Agreement to share costs related to infrastructure improvements ant Dick Lewis Drive and Holiday Lane August 2007 Resolution No. 2007-051 Page 5 of 5