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HomeMy WebLinkAboutResolution 1998-039 RESOLUTION NO. 98-39 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 the City of Keller concerning cost participation and access on a 1200 foot section of Shady Grove Road east of Smithfield Road, as an act and deed of the City. PASSED AND APPROVED this 14th day of September, 1998. (JU~ Charles Scoma, rv¥c3yor ATTEST: (::;JIlÞVVd ~ ----Patricia Hutson, City Secretary --- Rex cEntire, Attorney for the City APPROVED AS TO CONTENT: . 'Æ I "-, . .' yLj¿ (~~>--')t-;4L{Ç'L7 -' Gregory W.,lOickens, Public Works Director STATE OF TEXAS § § COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN THE CITY OF KELLER, TEXAS AND THE CITY OF NORTH RICHLAND HILLS, FOR THE WIDENING AND RECONSTRUCTION OF SHADY GROVE BETWEEN PRESTON LANE AND KELLER-SMITHFIELD ROAD KNOW ALL BY THESE PRESENTS This Interlocal Agreement (the "Agreement") for the design, specifications, bidding, contract award, and construction of Shady Grove Road between the east right- of-way line at Preston Lane and the west right-of-way line at Keller-Smithfield Road is made and entered into by and between the City of Keller, Texas, a municipal corporation located in Tarrant County, Texas ("Keller"), and the City of North Richland Hills, Texas, a municipal corporation located in Tarrant County, Texas ("North Richland Hills"). WHEREAS, Keller and North Richland Hills desire to enter into an interlocal agreement to design and construct roadway (street and drainage) improvements on Shady Grove Road between the east right-of-way line at Preston Lane and the west right-of-way line at Keller-Smithfield Road (the "roadway improvements"); and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for municipalities to contract with another for the performance of governmental functions and services under the terms of the Act: and WHEREAS, North Richland Hills has a need to construct these roadway improvements, which shall be located entirely in the city limits of North Richland Hills and adjacent to the city limits of Keller. WHEREAS, the construction of the roadway improvements will benefit the public interests of Keller by allowing more efficient and safe traffic movement from both Keller and North Richland Hills onto Shady Grove Road; and Page 1 of 7 WHEREAS, North Richland Hills hereby agrees to allow road connections from the proposed location of Preston Lane to Keller-Smithfield Road in Keller along Shady Grove Road which is located in North Richland Hills; and WHEREAS, Keller and North Richland Hills, in performing governmental function hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, Keller and North Richland Hills find 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, Keller and North Richland Hills shall provide financing for the Project as provided herein; and WHEREAS, Keller and North Richland Hills are willing to cooperate with one another to accomplish the construction and maintenance as provided in this Agreement; and WHEREAS, it IS mu~ually advantageous to both parties to enter into this Agreement: WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, Keller and North Richland Hills hereby contract, covenant, warrant and agree as follows: Page 2 of 7 I. ADOPTION OF PREAMBLE All matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as though fully set forth in their entirety herein. II. OBLIGATIONS OF THE PARTIES 1. Prior to September 30, 2003, the City of North Richland Hills agrees to contract for consulting engineering services relating to the design of the roadway improvements. Once the design of the roadway improvements are completed, Keller shall receive the design and have the right to approve same in writing, said approval to not be unreasonable withheld. 2. After approval of the design of the roadway improvements by both Keller and North Richland Hills, North Richland Hills will seek competitive bids for construction of the roadway improvements in accordance with Section 252 of the Texas Local Government Code. North Richland Hills will make all reasonable efforts to award a construction contract on or before September 30, 2003. Without limiting the above, nothing in this section shall require North Richland Hills to award a construction contract. 3. Should a construction contract for the roadway improvements not be awarded by September 30, 2003, neither North Richland Hills or Keller shall have any further obligations under this Agreement. Provided, however, that 90 days prior to the expiration of this Agreement the parties may extend this Agreement upon the mutual written consent of both parties. 4. If a construction contract for the roadway improvements is awarded as described in Section 11(2), Keller shall be responsible for a proportionate share of the engineering and construction cost as follows: either $55,000 or 25% of the total construction cost of the roadway improvements including street and drainage work, whichever is less. Upon completion of construction and final acceptance of Page 3 of 7 the roadway improvements by North Richland Hills, Keller shall make payments in one (1) lump sum to North Richland Hills. To initiate Keller's payment obligation, North Richland Hills shall submit an invoice containing appropriate documentation of expenses and/or costs, including a certificate of final acceptance from North Richland Hills. Thereafter, Keller will remit payment, as defined in this section, within thirty (30) days after receipt of said documentation. 5. North Richland Hills agrees that the construction to be done within the City of Keller shall be in accordance with Keller's Code of Ordinances. 6. North Richland Hills agrees to construct all portions of the roadway improvements in accordance with the approved plans, specifications and construction contract documents and applicable laws. Any field changes, supplemental agreements, change orders, or additional work orders which may become necessary shall be the responsibility of North Richland Hills and subject to the approval of Keller. 7. Keller shall provide the necessary right-of-way for the portion of the roadway improvements to be located in the City of Keller and more generally described as being north of the current Shady Grove Road right-of-way line between the east right-of-way of Preston Lane and the center line of Keller-Smithfield Road. Keller's obligation to obtain the above described right-of-way is contingent upon being notified by North Richland Hills in writing at least six (6) months prior to the need of said right-of-way for construction purposes and, in no event prior to North Richland Hills awarding a contract for consulting engineering services as defined in Section 11(1) herein. III. IDEMNIFICATION AND HOLD HARMLESS 1. North Richland Hills agrees to indemnify and hold Keller harmless from any claim by a third party for damages arising from or resulting from the construction of the roadway improvements. Page 4 of 7 2. However, the indemnification and hold harmless contained herein shall not be deemed a waiver of any sovereign immunity of either Keller or North Richland Hills allowed pursuant to Tex. Civ. Prac. & Rem. Code Section 101.001 et. Seq., or otherwise. IV. NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: To Keller: City of Keller P.O. Box 770 Keller, Texas 76244 Attention: City Manager To North Richland Hills: City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182-0609 Attention: City Manager A change or address may be made by either party upon the giving of ten (10) days prior written notice. V. MISCELLANEOUS PROVISIONS 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute on and the same instrument. Page 5 of 7 5. If, in case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Tarrant County, Texas. 7. Each party hereto warrants that it has received authority from its governing body to enter into this Agreement. EXECUTED this the 14th day of CITY OF KELLER, TEXAS: Lyle . Dresher, City Manager City of Keller ATTEST: -4~ City Secretary , City of Keller September ,1998. CITY OF NORTH RICHLAND HILLS ill . ) '---~ '. >l/~ /(~, ¡ ~ I,'MJ GjI. i' (Jj/Jt/M"íW~ . l .' Larry JLtunningharn,/City..~,:a~.Q.~~6'/:. City of North Richland~~""n ..,...~;\. -:~. ',<J>- ATTEST: ~?3 i r <-I ~ '~7', :JT¡~ .::. 'r~, ", h. .~ -,- ~-:1'"""'j ..., f"_ ~/-:-- ". ,.,.'.. ~.J,/ -/{¿ÓZ({ii¿¿ -ß~d~~:~,',','\'\',,\\""~' Patricia Hutson, City Secretary City of North Richland Hills ---- . ----- ex McEntire, City Attorney City of North Richland Hills Page 6 of 7 STATE OF TEXAS § § § s instrume t was acknowledged before me on the ~ day of , 1998, by Lyle H. Dresher, City Manager, City of Keller, for the es and consideration therein e res .,,'"Ull....,'" ;~"~c:, j. S 0 v".,,""'~ ¡ .)...'v'j(i~~'p(j~~~:, " I~/~ " (" \ æ a.~ OJ I ! c ) ~ *- \ ,10. <v~ E ~.. -1"12 Of"\~ ¡ ~ ~XP\~~... .Z!õ ~ ..... ..-' R) E STATE OF TEXAS """'"""p9-24~~,..,~" """""""" § COUNTYOFTARRANT § This instrument was acknowledged before me on this the 14th day of September , 1998, by Larry J. Cunningham, City Manager, City of North Richland Hills, for the purposes and consideration herein expressed. L" .. ,,'\" "~>' ~," If ", ~ c"" " ~',t:{)'r. ,t#'. :':~f: '';'',. "'" r '/," è' ~~~1"'~' j,' 4~::(L~ /\ ~1~ - .!p. <r:'''~, (.? ~ - ',,A IY '''.~: :: :c ,,-1 Î'L ,.,."'/' .' ::: -:::.; ~ ç r:::~. _,:" :::::;: -;., <1:",; ~. ", '~-: .' ' ~('~) ,.:::- /// "'-"(/'"......: . . ,'.... 1/1,'/ ..;;",~, ø. '''~'¿, ,\\.,-,' , I; ¡ ~ .; J < 111 i \ i \\ '\ \\ \ \ \ Page 7 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS REPEALING RESOLUTION NO. 1033, DATED JULY 21, 1998, (APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF KELLER AND THE CITY OF NORTH RICHLAND HILLS) AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW INTERLOCAL AGREEMENT BETWEEN THE CITY OF KELLER AND THE CITY OF NORTH RICHLAND HILLS RELATING TO THE WIDENING AND IMPROVEMENTS TO SHADY GROVE ROAD BETWEEN PRESTON LANE AND KELLER-SMITHFIELD ROAD WHICH IS LOCATED WITHIN THE LIMITS OF THE CITY OF NORTH RICHLAND HILLS. WHEREAS, in the spirit of interlocal governme~tal cooperation, the City of Keller, Texas approved Resolution No. 1033, on July 21, 1998, agreeing to cooperate with the City of Nort~ Richland Hills to improve a section of Shady Grove Road between Preston Lane and Keller-Smithfield Road; and WHEREAS, at the time of execution of said inter local agreement, the City of North Richland Hills made minor modifications to said agreement; and WHEREAS, it is deemed to be in the best interest of the welfare and safety of the citizens of the City of Keller to approve said modified interlocal agreement, attached hereto as Exhibit "A", as prepared by the City of North Richland Hills. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: Section 1: THAT, Pesolution No. 1033, dated July 21, 1998, be hereby repealed and that the Mayor and City Council of the City of Keller, Texas hereby authorize the City Manager to execute an interlocal agreement between the Ci ty of Keller and the City of North Richland Hills agreeing to the terms and conditions set forth therein and attached hereto as Exhibit "A", relating to the widening and improving of Shady Grove Road between Preston Lane and Keller-Smithfield Road. 1 1 2 3 4 5 AND IT IS SO RESOLVED. Passed by a vote of 5 to 0 on this the 3rd day of November, 1998. CITY OF KELLER, TEXAS 6 BY 7 ATTEST: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 orm and Legality: L. 2