HomeMy WebLinkAboutResolution 2011-007 RESOLUTION NO. 2011 -007
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT the City Manager be, and is hereby authorized to execute the
attached agreement between the City of North Richland Hills and the City
of Hurst for the provision of public safety services on a portion of Precinct
Line Road.
PASSED AND APPROVED this the 14th day of February, 2011.
`` � r �����mm�um u �p� CITY O • RTH - C LAND HI -
,y By: ■ b.//A A
n r
E c t t Oscar T no, Mayor
TESTr _
Pa fa �� ht City Secretary
APPROV D 1 TO FORM AND LEGALITY:
1-i 1
George . Staples, City A orney
APPROVED AS TO • NTENT:
c :..AV - .. y
`+' y P- due, Public Safety Director
Resolution No. 2011 -007
Page 1 of 4
STATE OF TEXAS §
§ AGREEMENT
COUNTY OF TARRANT §
This Agreement, made and entered into by and between the City of Hurst, a municipal
corporation, located in Tarrant County, Texas, hereinafter called "Hurst," and the City of
North Richland Hills, a municipal corporation, located in Tarrant County, Texas,
hereinafter called "North Richland Hills," evidences the following:
WHEREAS, North Richland Hills and Hurst desire to enter into an Agreement for the
provision of public safety services on a portion of a public roadway known as Farm to
Market Road 3029, hereinafter referred to a Precinct Line Road, and
WHEREAS, the Agreement shall only apply to the portion of Precinct Line Road which
is located north of the extension of the northernmost right of way which is represented
by the extension of the lateral curb line of State Highway 26 (Boulevard 26) which runs
from Southwest to Northeast along State Highway 26 (Boulevard 26); and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791,
provides authorization for any local government to contract with one or more local
governments to perform governmental functions and services under the terms of the
Act; and
WHEREAS, North Richland Hills and Hurst have agreed that North Richland Hills shall
provide public safety services on the aforementioned roadway regardless of municipal
boundaries between the two cities; and
WHEREAS, public safety services are defined as services, duties or functions
performed by police, fire or emergency medical service (ambulance service)
departments; and
WHEREAS, no additional revenues are necessary to provide this service at the time of
this Agreement; and
WHEREAS, it is mutually advantageous to both parties to enter into the arrangement
evidenced by this Agreement;
NOW, THEREFORE, the parties in consideration of the terms and conditions contained
herein, agree as follows:
1. North Richland Hills shall be responsible for providing police, fire, and
emergency medical services on that portion of Precinct Line Road north of
State Highway 26, without regard to whether such road is in Hurst or North
Richland Hills.
Resolution No. 2011 -007
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2. All calls for police, fire or emergency medical services shall be directed to
North Richland Hills to assure timely emergency response to the public.
3. The only areas affected by this Agreement are those portions of existing
or future roadway on Precinct Line Road that begins at the north side of
State Highway 26 (Boulevard 26) with such roadway traveling northbound
to its termination at the northern boundary of Hurst. The roadway that
North Richland Hills will be responsible to provide public safety service
upon shall be any and all portions of the roadway within the extension of
the lateral curb lines on the east side of Precinct Line Road. If no curb
exists, the authority by North Richland Hills shall extend to the beginning
of the nearest property line adjacent to the east side of the highway,
thereby including improved or unimproved shoulders and Rights of Ways
that are public land.
4. This Agreement has no impact on the maintenance of any roadway, signal
lighting, regulation of "curb cuts" or any other area that does not fall
directly under the authority of North Richland Hills.
5. This Agreement shall serve as the prevailing Agreement regarding police,
fire and emergency medical service response should any conflict occur as
a result of any other agreement.
6. That the selection of any contract wrecker service to be utilized in the
performance of public safety duties shall the responsibility of North
Richland Hills.
7. To the extent permitted by law, North Richland Hills shall have the same
rights and privileges on Precinct Line Road in the locations described as if
the areas described were within the incorporated city limits of North
Richland Hills.
II.
Each City does hereby waive all claims against and agrees to release every other City,
its police department, officials, agents, officers and employees in both their public and
private capacities, from and against any and all claims, suites, demands, losses,
damages, causes of action and liability of every kind, including but not limited to court
costs and attorney's fees which may arise due to any death or injury to any person, or
the loss of, damage to, or Toss of use of any property arising out of or occurring as a
consequence of the performance of this Agreement whether such injuries, death or
damages are caused by the sole negligence or the joint negligence of any City, its
official, agents, officers and employees. It is the express intention of the parties hereto
that the waiver and release provided for in this paragraph includes claims arising out of
such other City's own negligence, whether that negligence is a sole or a concurring
Resolution No. 2011 -007
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cause of the injury, death or damage. It is expressly understood and agreed that, in the
execution of this Agreement, no City waives, nor shall be deemed hereby to waive, any
immunity or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions.
III.
This Agreement replaces the Agreement between the parties executed in 1994 and
shall be in full force and effect until terminated by either party with 30 days written notice
to the other or until both parties mutually agree to change or modify the terms of this
Agreement.
CITY OF NORTH RICHLAND HILLS CITY OF HURST
By: By:
y
Mark Hindman, City Manager W. Allan Weegar, City Manager
The Agreement was executed on the day of , 2011.
Resolution No. 2011 -007
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