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:
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-' 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
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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.
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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
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Larry JLtunningharn,/City..~,:a~.Q.~~6'/:.
City of North Richland~~""n ..,...~;\.
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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
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STATE OF TEXAS """'"""p9-24~~,..,~"
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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.
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Page 7 of 7
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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.
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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
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orm and Legality:
L.
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