HomeMy WebLinkAboutResolution 1994-049
RESOLUTION NO. 94-49
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 Haltom City concerning a Haltom City sewer line being located within a City
of North Richland Hills sanitary sewer easement and a North Richland Hills water line being
installed along Browning Drive in the city limits of Haltom City.
PASSED AND APPROVED this 26th day of September, 1994.
C-.~.
Tommy Brow ayor
ATTEST:
Q~ ¿¿;
e te Rewis, Citý Secretary
APPROV~ AS TO FORM AND LEGALITY:
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INTERLOCAL AGREEMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT§
This agreement, made by and between the City of North Richland Hills, hereinafter
called "NRH", and the City of Haltom City, hereinafter called "Haltom", both municipal
corporations chartered under the constitution and laws of the State of Texas, and each
acting through its authorized representatives.
WHEREAS, both NRH and Haltom wish to provide service to water and wastewater
customers within their city limits; and
WHEREAS, Haltom desires to intercept wastewater flow from THE TRAILS
ADDITION before it enters NRH 18-inch diameter outfall sewer, and pump it back into
their wastewater collection system; and
WHEREAS, NRH desires to provide water service to the new Meadow Lakes North
subdivision located on the west side of NRH and the south side of Browning Drive; and
WHEREAS the governing bodies of Haltom and NRH each find that this agreement
is necessary for the benefit of the public, and that the mutual promises and commitments
contained herein constitute adequate consideration to each party; and
WHEREAS, this agreement is entered into pursuant to Chapter 791 of the Texas
Local Government Code.
NOW, THEREFORE, the parties agree as follows:
SECTION 1.
NRH will allow Haltom to install and maintain an 8-inch diameter gravity sanitary
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sewer main and lift station in the most westerly 4 feet of an existing north-south 20 foot
wide sanitary sewer easement dedicated to NRH and filed in Volume 4942, Page 563 of
the Deed Records of Tarrant County, Texas, and located in the Haltom city limits. Haltom
agrees to maintain the sanitary sewer main and lift station and further agrees to indemnify
and hold harmless NRH from any liability, loss, damage, personal injury or death resulting
from this sewer line.
SECTION 2.
NRH will not require payment from Haltom for transportation of wastewater flows
through the Haltom sewer line and lift station referred to in Section 1 above.
SECTION 3.
Haltom will allow NRH to install and maintain a lO-inch diameter water main and
appurtenances within Haltom city limits behind the curb in the parkway along the south
side of Browning Drive within the street right-of-way dedicated to Haltom in Volume 1591,
Page 1263, of the Deed Records of Tarrant County, Texas. NRH agrees to maintain the
water main and appurtenances, and further agrees to indemnify and hold harmless Haltom
from any liability, loss, damage, personal injury or death resulting from the water main and
appurtenances.
SECTION 4.
Haltom will not require payment from NRH for transportation of water through
the NRH water main and appurtenances referred to in Section 3 above.
SECTION S.
It is expressly understood that, in the execution of this agreement, no party waives,
nor shall be deemed to waive, any immunity or defense that would otherwise be available
to it against claims arising in the exercise of governmental powers and functions.
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SECTION 6.
This agreement may be amended or modified by the mutual agreement of the
parties hereto in writing to be attached to and incorporated into this agreement.
SECTION 7.
This instrument contains all commitments and agreements of the parties, and oral
or written commitments not contained herein shall have no force or effect to alter any
term or condition of this agreement.
SECTION 8.
The undersigned officers of the parties hereto are the properly authorized officials
and have the necessary authority from the governing bodies to execute this agreement on
behalf of the parties.
SECTION 9.
This agreement shall be executed in duplicate originals and shall become effective
on the latest date of execution and shall bind the parties, their successors and assigns.
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WITNESS OUR HAND THIS ...f ¿, day of ~ ,1994.
City of North Richland Hills, Texas
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By.
Tommy wn, Mayor
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City of Haltom City, Texas
~v1~yor
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c - clen ~ - iiy Secretary
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