HomeMy WebLinkAboutResolution 2004-048
RESOLUTION NO. 2004-048
Be it resolved by the City Council of the City of North Richland Hills, Texas, that:
1.
The City Manager be, and is hereby authorized to execute the attached Interlocal
Agreement with Tarrant County concerning the maintenance of North Tarrant Parkway
beginning at 1800 feet west of Davis Boulevard (F.M. 1938) and ending at 2900 feet
west of Smithfield Road at the North Richland Hills city limit line on behalf of the city of
North Richland Hills, Texas.
PASSED AND APPROVED this the 9th day of August, 2004.
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Patricia Hutson, City Secretary
APPRO\!.ED Aß TO FOßM AND LEGALITY:
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Attorney for"the . y
APPROVED AS TO CONTENT:
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Mike Curtis, Public Works Director
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
This Agreement is made and entered into this day of
2004, by and between the County of Tarrant, acting herein by and through its governing
body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY OF
NORTH RICHLAND HILLS, acting herein by and through its governing body,
hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth:
WHEREAS, this Agreement is made under the authority of Sections 791.001-
791.029, Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the subject of this Agreement is
necessary for the benefit of the public and each has the legal authority to perform and to
provide the governmental function or service which is the subject matter of this
Agreement; and
WHEREAS, each governing body finds that the performance of this Agreement is
in the common interest of both parties and that the division of costs fairly compensates
the performing party for the services or functions under this Agreement; and
WHEREAS, each governing body agrees to share in the cost of the servIces
described below.
NOW THEREFORE, the COUNTY and CITY agree as follows:
1.
The COUNTY agrees to provide routine repair and maintenance of the existing
roadway surface and right-of- way on North Tarrant Parkway, from 1800 feet west ofFM
1938 (Davis Boulevard) to 2900 feet west of Smithfield Road (North Richland Hills city
limits). This repair and maintenance will not include comprehensive rehabilitation or
reconstruction,
2.
The COUNTY agrees to provide an labor, equipment and materials necessary to
repair and maintain the roadway surface and right-of- way, as specified in paragraph 1 of
this agreement.
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3,
The CITY agrees to maintain all approaches to the roadway.
4.
The CITY agrees to provide and maintain all pavement markings, sIgns and
signals.
5.
The CITY agrees to continue all policing responsibihties related to the roadway.
6.
Nothing in the performance of this Agreement shall impose any hability for
claims against the COUNTY other than claims for which hability may be imposed by the
Texas Tort Claims Act.
7,
Nothing in the performance of this Agreement shall impose any liability for
claims against the CITY other than claims for which hability may be imposed by the
Texas Tort Claims Act.
8,
The parties to the Agreement do not intend for any third party to obtain a right by
virtue of this agreement.
9.
By entering into this Agreement, the parties do not intend to create any
obligations express or implied other than those set out herein; further, this Agreement
shall not create any rights in any party not a signatory hereto.
10.
This Agreement shall automatically terminate upon execution of the construction
contract to widen North Tarrant Parkway or one (1) year from the date of this agreement,
whi~þove,, i6IJjrst.
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Approved as t form and legality:
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TARRANT COUNTY
TOM VANDERGRIFF, County Judge
ATTEST: COUNTY
B. GLEN WHITLEY, County Commissioner
Precinct Three
* APPROVED AS TO FORM
District Attorney
* By law, the District Attorney's Office may only advise or approve contracts or lcgal
documents on behalf of its clients. It may not advise or approve a contract or legal
document on behalf of other parties. Our review of this document was conducted solely
from the legal perspective of our client. Our approval of this document was offered solely
for the benefit of our client. Other parties should not rely on this approval, and should
seek revicw and approval by their own respective attomey(s).