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Home My WebLink AboutResolution 1996-020 RESOLUTION NO. 96-20 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 interlocal agreement with the City of Keller concerning right-of-way dedication, box culvert construction, 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 25th day of March, 1996. ~ ATTEST: ~ tf Rex Mc Entire, Attorney for the City INTERLOCAL COOPERATION AGREEMENT FOR THE CONSTRUCTION OF WILSON LANE (NORTH TARRANT PARKWAY) DRAINAGE IMPROVEMENTS STATE OF TEXAS }{ COUNTY OF TARRANT }{ THIS 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 RichIand Hills, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "NRH"). WITNESSTH WHEREAS, the InterIocal 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 from a point approximately 150 feet east of Cat Mountain Trail and continuing in an easterly direction 2,900 feet to the west line of Sarah Brooks Estates Subdivision and lying between the cities of Keller and NRH 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 improved; and WHEREAS, the Governing Bodies of both Keller and NRH have previously agreed to share equally the cost of engineering and design services for the Wilson Lane drainage improvements~ and WHEREAS, Keller and NRH intend to share equally in the construction cost of installing a three-barrel ten foot by five foot (10' x 5') box culvert and necessary appurtenances thereto within a portion of the Wilson Lane right-of-way~ and WHEREAS, NRH will dedicate right-of-way as needed up to a width of two hundred feet (200') for the 2,900 feet of Wilson Lane improvements prior to awarding of bids for the construction of the box culvert~ and WHEREAS, Keller and NRH intend to make their respective drainage improvements on either side of the three-barrel box culvert constructed in Wilson Lane~ and WILSON LANE AGREEMENT - KELLERlNRB Page 2 WHEREAS, Keller and NRH mutually desire to be subject to the provisions of the InterIocal Cooperation Act and other applicable statutes and contracts pursuant thereto. NOW, THEREFORE, for the mutual consideration herein stated, Keller and NRH agree as follows: 1. Construction. Keller and NRH agree to share equally in the cost of constructing a three-barrel ten foot by five foot (10' x 5') box culvert and necessary appurtenances thereto within the right-of-way of Wilson Lane (North Tarrant Parkway) in accordance with the jointly-approved plans and specifications prepared by Knowlton, English and Flowers. NRH agrees, that prior to awarding a construction bid for the box culvert, it will dedicate the required two hundred (200') of right-of-way necessary for Wilson Lane to Tarrant County. The right-of-way width dedicated not to exceed two hundred (200') feet. 2. Protect Administration. Keller agrees to advertise for the box culvert construction bids, review and award said construction contract following approval by NRH. NRH agrees to reimburse Keller for one half of the total cost of the construction of the box culvert and its necessary appurtenances. Any additional drainage improvements negotiated for by either city with the contractor shall be paid solely by that city. 3. NRH 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 person and property, including death, demands or suits, including costs and attorneys fees, for any claim or suit brought within the City Limits ofNRH or south of the Wilson Lane arising from the drainage improvements and constructiön of the three-barrel ten foot by five foot (10' x 5') box culvert and necessary appurtenances thereto. 4. Keller Indemnification. Keller hereby agrees to indemnify, defend, and hold NRH, its elected officials, officers, employees, agents, attorneys, and assigns, harmless against all claims, damages, liabilities, injuries to person and property, including death, demands 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 from the drainage improvements and construction of the three-barrel ten foot by five foot (10' x 5') box culvert and necessary appurtenances thereto. 5. NRH agrees that upon the completion and acceptance of the box culvert and the improvements to Wilson Lane by Tarrant County, Precinct 3, and the expiration of the maintenance bond, the routine general maintenance of said box culvert shall be the responsibility of NRH by maintaining the improvements or contracting with Tarrant County for the maintenance. WILSON LANE AGREEMENT - KELLERlNRB Page 3 6. This Agreement 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 State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement, venue for said lawsuit shall be in Tarrant County, Texas. 7. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 8. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. EXECUTED in multiple originals this the J 'I day of ~ ~~ ,1996. CITY OF KELLER ~~¿/ otary blic in and or t e ate of Texas My Commission Expires: .5#/.//-11 STÆÞII£/Ý<:; Type or Print Notary's Name / - / !b - ~CJ/,) WILSON LANE AGREEMENT - KELLERlNRB Page 4 CITY OF NORTH RICHLAND HILLS Subscribed and sworn to before me on this the ¿J:J day of '. rl/ì(Z·1 cÆ ./.~~Þ:;;Ÿ"¡;Ïi.;"'" t*~ \"'.... .... ·'·~t. o. ,~ .......,.... PATRICIA HUTSON Notary Public, State of Texas My Commission Expires 8·08·99 -::7J ·(:·-i:;¡;(./v{:( ¿>L ,j-V¿f /~ NOtary Public in and for the State of Texas )){{+r I( /à. I-IlA15DI't Type or Print Notary's Name My Commission Expires: f g "7 r, _ .. C C{ ,1996. j/§ /.'" ~ / ---g -J . - " .. . , . I ~ ~~ "'/ ,'/ I I / / I \ \ " "- "- "- "- " " \ r \ II __- \ ------ -i........_____ ./ --- - f - õOO..ij~'..'îi."' oõï ---- Otl 0131J1-UlftS f\ ~ " " """~" ~~ 001" 0 ..:J · :' " - -." S ", :"7':,. ~ tMff ^ ':;) '" 'OON". st G m~- ~ . . - ... ... ... .. "- ~ ~ ~ <;l ;2 r â · ~A '" · I · ~ · "- ¡ < ./ § -. ~ ~ z g ~