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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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4