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Home My WebLink AboutResolution 1996-048 RESOLUTION NO. 96-48 Be it resolved by the City Council of the City of North Richland Hills, Texas, that: 1. The Mayor be, and is hereby authorized to execute the attached amended interlocal agreement with the City of Keller concerning right-of-way dedication, box culvert construction, 72-inch storm drain installation and drainage improvement cost participation on North Tarrant Parkway (Wilson Lane) from the City's westerly city limits east to a point approximately 2,600 feet (or 900 feet west of Smithfield Road). PASSED AND APPROVED this 22nd day of July, 1996. ~:-~ ~ T o~my B~:n / ayor . ATTEST: ) . / (I ,. .' (". /: .... . (, (, ( /'I{( ,dOL Patricia Hutson, City Secretary APPROVED AS~()/1LORM A~9;E...# A ......._X~./···· ,/ (I //,- ..:~ ./ !/ "._/"..,,, // ,c ...." : I . .' ( , ..... . . , f",' , '. ( .r ¡ ",.' ,/' Rex Mc.Evrtire, Áttorney for the City . AMENDED INTERLOCAL COOPERATION AGREEMENT FOR THE CONSTRUCTION OF WILSON LANE (NORTH TARRANT PARKWAY) DRAINAGE IMPROVEMENTS STATE OF TEXAS } { COtJNTY OF TARRANT }{ TI-lIS AGREEMENT is made and entered into by and between the City of Keller, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Keller") and the City of North Richland Hills, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "NRH"). WITNESSTH WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes city governments of the State of Texas to contract with one another for various governmental functions and the delivery of governmental services. including those in the area of public health, sanitation, utility services; and WHEREAS, a certain portion of Wilson Lane (North Tarrant Parkway) beginning tì-om a point approximately ¡ 50 feet cast of Cat Mountain Trail and continuing 111 an easterly direction 2.900 feet to the west line of Sarah Brooks Estates Subdivision and lying between the cities of Kelle! and N RH is to be improved by Tarrant County. Precinct No, 3, thereby requIring the construction of drainage improvements to increase the Wilson Lane drainage capacity; thus, requiring that drainage improvements be completed by both Keller and NRH; and WHEREAS, both Keller and NRH desire to have Wilson Lane improved and recognizes the need to improve storm drainage in both cities as required for said street to be impruved; and WlIEREAS, the Governing Bodies of both Keller and NRII have previously agreed to share equally the cost of engineering and design services for the Wilson Lane drainage improvements; and WIIEREAS, Keller and NRH intend to share equally in the construction cost uf installing a three-barrel ten loot by live font (10' x 5') box culvert and necessary appurtenances thereto within a portion of the Wilson Lane right-of-way; and WILSON LANE AGREEMENT - KELLER/NRH Page 2 WHEREAS, NRH will dedicate right-or-way as needed up to a width of two hundred feet (200') for the 2,900 feet of Wilson Lane improvements prior to awarding or bids for the construction of the box culvert; and WIIEREAS, Keller and NRH intend to make their respective drainage improvements on cithcr side of the three-barrel box culvert constructed in Wilson Lanc~ and WHEREAS, Keller and NRI I mutually agrcc to amend the Intcrlocal Cooperative Agreement for thc Construction of Wilson Lanc (North Tarrant Parkway) Drainage Improvements, executcd March 14, 1996 by both parties, to reflect additional improvcments as shown in paragraph 2 hereto; and W1IEREAS, Kcller and NRH mutually desire to be subject to the provisions or the Interlocal Cooperation Act and othcr applicable statutes and contracts pursuant thereto. NOW, THEREFORE, for the mutual consideration herein stated, Keller and NRH agree as follows: I. Construction. Kellcr and NRH agrce to sharc cqually in the cost of constructing a thrcc-barrel tcn foot by five foot (10' x 5') box culvert and necessary appurtenances thereto within the right-or-way of Wilson Lanc (North Tarrant Parkway) in accordance with the jointly-approved plans and specifications prepared by Knowlton, English and Flowers. NRI I agrees, that prior to awarding a construction bid for the box eulvcrt, it will dedicate the required two hundred (200') of right-of-way nccessary for Wilson Lane to Tarrant County. The right-of-way width dedicated not to exceed two hundred (200') feet. 2. Kcller Drainage Pipe Construction. Thc City or Kellcr and Tarrant County, Precinct 3, will be rcsponsible for the installation of approximately seven hundred (700') feet of seventy-two (72") inch rein/arced concrete pipe. The County will install the pipe, and Keller will furnish the pipe, embedment materials and rental of equipment. 3. Project Administration. Keller agrees to advertisc for thc box culvert construction bids. review and award said construction contract following approval by NRH. NRII agrees to reimburse Kellcr for one half of the total cost of thc construction of thc box culvert and its necessary appurtenances. Any additional draInage improvcmenls ncgotiated for by either city with the contractor shall be paid solely by that city. WILSON LANE AGREEMENT - KELLER/NRH Page 3 4. NRI I Indemnification. NRH hereby agrees to indemnify, defend, and hold Keller, its elected officials, officers, employees, agents, attorneys, and assigns, harmless against all claims, damages, liabilities, injuries to pcrson and propcrty, including death, demands or suits, including costs and attorneys fees, for any claim or suit brought within the City Limits of NRH or south of thc Wilson Lane arising from the drainagc improvements and construction of the three-barrcl tcn foot by fivc foot (10' x 5') box culvert and necessary appurtenanccs thereto. 5. Keller Indemnification. Keller hcreby agrees to indcmnify, defend, and hold NRlL its elected officials, officers, cmployees, agcnts, attorneys, and assigns, harmless against all claims, damagcs, liabilities, injuries to person and property, including death, dcmands or suits, including costs and attorneys fees, for any claim or suit brought within the City Limits of Keller or north of Wilson Lane arising fì'om the drainage improvements and construction of the three-barrel ten foot by live foot (10' x 5') box culvert and necessary appurtenances thereto. 6. NRH agrces that upon the completion and acceptance of the box culvcrt and the improvements to Wilson Lane by Tarrant County, Prccinct 3, and thc expiration of the maintenance bond, the routine gcncral maintenance of said box culvert shall be the rcsponsibility of NRH by maintaining the improvements or contracting with Tarrant County for thc maintenance 7. This Agrccmcnt and any of its terms and provisions, as well as rights and duties of the parties hereto shall be governed by the law of the Statc of Texas. In the cvent that any cause of action is liled by either party arising out of thc terms of this Agrcement, venue for said lawsuit shall be in Tarrant County, Texas. 8. In the cvcnt that any portion of this Agreemcnt shall be found to be contrary to law, it is the intent of the parties hereto that thc rcmaining portions shall rcmain valid and in full IÖrcc and effect to the extent possiblc. 9. The undcrsigned officers and/or agents of the parties hcreto are the properl y authorized officials and have the neeessary authority to execute this Agrccmcnt on bchalf of the parties hercto, and each party hereby ccrti lies to the other that any necessary resolutions or orders extending said authority have been duly passed and arc now in full force and cffect, WILSON LANE AGREEMENT - KELL(1~R/NRH Page 4 EXECUTED in multiple originals this the uL_ day of <_Y U L Y . 1996, CITY OF KELLER '--bh~~e~t~-- c~~~~~/ / - / /p ~ ¿;;CJC,CJ . ,C:;fI£/1--/1 5./6y::JtlE N$ Type or Print Notary's Name My Commission Expires: ---.'-..--.-.-.-------..--------- Approved as to Form and Legality: "---~J ,/ ./ ~~-EIfy or Keller WILSON LANE AGREEMENT - KELLER/NRH Page 5 CITY OF NORTH RlCHLAND HILLS ~4~~ City of North Ric nd HIlls, Texas Subscribed and sworn to before me on this the .L.."-,-~_ day of__~! ,1996. ------------ , 1 ( ¡/I" Ii ' l,oC' "', Notary Public in and for the State of Texas Type or Print N , f5ûN ~ eN~tJ'~ ~uÞlic, St~tt [,' T~~i~ # My Cgmm~¡"n £x,¡,~ ¡.a:.'" ;.! ::.:.:m:::::tû:'«:1! :.~; My Commission Expires: Approved as to Forlll and Le'gality: .___----.----- ¡ ,,--- ',/ _: 7 .A / /, ___________--.;.._._---":.._._..-'-__~_._. . f cL-----------"- A~tOl:ney for the Citf ot'Nörth Richland Hills " ,