HomeMy WebLinkAboutResolution 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.
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ATTEST:
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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
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otary blic in and or t e ate of Texas
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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
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PATRICIA HUTSON
Notary Public, State of Texas
My Commission Expires 8·08·99
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NOtary Public in and for the State of Texas
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,1996.
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