HomeMy WebLinkAboutResolution 1994-030
RESOLUTION NO. 94-30
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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 Agreement between
this City and the City of Colleyville as the act and deed of the City.
PASSED AND APPROVED this 11th day of July, 1994
APPROVED:---------
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Tommy Bra I Mayor
ATTEST:
Re
STATE OF TEXAS
COUNTY OF TARRANT
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AGREEMENT
This Agreement, made and entered into by and between the City of Colleyville, a municipal corporation,
located in Tarrant County, Texas, hereinafter called "Colleyville," and the City of North Richland Hills, a
municipal corporation, located in Tarrant County, Texas, hereinafter called "North Richland Hills," evidences
the following:
WHEREAS, North Richland Hills, and Colleyville desire to enter into an Agreement at the request of North
Richland Hills for the provision of all Public Safety services to be provided by a single municipality on the
public roadway named Farm to Market Road 3029, hereinafter referred to as Precinct Line Road, and
WHEREAS, the Agreement shall only apply to those areas described within this Agreement; and
WHEREAS, The Interlocal Cooperation Act, Texas Government Code Chapter 791, provides authorization
for any local government to contract with one or more local governments to perform governmental functions
and services under the term of the Act; and
WHEREAS, North Richland Hills and Colleyville have agreed that North Richland Hills shall provide all
public safety services on the aforementioned roadway regardless of municipal boundaries between the two
cities; and
WHEREAS, public safety services are defined as all services, duties or functions performed by police, fire or
emergency medical service (ambulance service) departments; and
WHEREAS, No additional revenues are necessary to provide this service at the time ofthis Agreement; and
WHEREAS, it is mutually advantageous to both parties to enter into the arrangement evidenced by this
Agreement;
NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as
follows;
The responsibility of each government entity is outlined below:
I.
Colleyville
Colleyville hereby agrees:
1. To empower North Richland Hills to provide police, fire and emergency medical service
(ambulance service) on Precinct Line Road in those areas of the roadway that are within
the Incorporated City Limits of Colleyville.
2. To recognize North Richland Hills as the sole provider of such service unless North
Richland Hills calls for assistance under other Interlocal Agreements that deal with
shared resources in time of defined need.
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3. To direct all telephone calls for police, fire or emergency medical service to North
Richland Hills to assure timely emergency response to the public.
4. That the only areas affected by this Agreement are those portions of existing or future
roadway on Precinct Line Road that begin at the Southern border of Colleyville where
the city of Colleyville meets the Northern border of the city of Hurst, with such roadway
traveling Northbound to its current terminating point or at any future point of
termination. The roadway that North Richland Hills will be responsible to provide public
safety service upon shall be any and all portions of the roadway within the extension of
the lateral curb lines on the East side of Precinct Line Road. If no curb exists, the
authority by North Richland Hills shall extend to the beginning of the nearest property
line adjacent to the East side of the roadway, thereby including improved or unimproved
shoulders and any Rights of Way that are public land.
5. That this Agreement has no impact on the maintenance of any roadway, signal lighting,
regulation of "curb cuts" or any other area that does not fall directly under the authority
of the North Richland Hills Police Department; North Richland Hills Fire Department or
personnel summoned by those emergency agencies to act at their direction specifically for
the purpose of public safety.
6. That this Agreement must be specifically authorized independently of any other
Agreement. Should any other city department of either municipality enter into any future
Interlocal Agreements regarding this same location, this Agreement must specifically be
repealed if any conflict is found to exist. This Agreement shall serve as the prevailing
Agreement regarding police, fire and emergency medical service response.
7. That all violations of State law or North Richland Hills City Ordinance that can be filed
in a municipal court shall be enforced and adjudicated in the North Richland Hills
Municipal Court.
8. That all fees and fines collected through enforcement efforts by North Richland Hills be
the sole property of North Richland Hills. The responsibility for the collection and other
Court related matters shall be that of North Richland Hills.
9. That the selection of any contract wrecker service to be utilized in the performance of
public safety duties shall be the responsibility of North Richland Hills.
10. That North Richland Hills shall have the same rights and privileges on Precinct Line
Road in the locations described as if the areas described were within the Incorporated
City Limits of North Richland Hills.
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NORTH RICHLAND HILLS
North Rich/and Hills hereby agrees:
1. To provide full police, fire and emergency medical services to the area defined in this
Agreement.
2. To be responsible for the collection of fines and fees for applicable law violations through
the North Richland Hills Municipal Court.
3. That this Agreement has no impact on the maintenance of any roadway, signal lighting,
regulation of "curb cuts" or any other area that does not fall directly under the authority
of the North Richland Hills Police Department; North Richland Hills Fire Department or
personnel summoned by those emergency agencies to act at their direction specifically for
the purpose of public safety.
4. That the only areas affected by this Agreement are those portions of existing or future
roadway on Precinct Line Road that begin at the Southern border of Colleyville where
the city of Colleyville meets the Northern border of the city of Hurst, with such roadway
traveling Northbound to its current terminating point or at any future point of
termination. The roadway that North Richland Hills will be responsible to provide public
safety service upon shall be any and all portions of the roadway within the extension of
the lateral curb lines on the East side of Precinct Line Road. If no curb exists, the
authority by North Richland Hills shall extend to the beginning of the nearest property
line adjacent to the East side of the roadway, thereby including improved or unimproved
shoulders and any Rights of Way that are public land.
5. That this Agreement must be specifically authorized independently of any other
Agreement. Should any other city department of either municipality enter into any future
Interlocal Agreements regarding this same location, this Agreement must specifically be
repealed if any conflict is found to exist. This Agreement shall serve as the prevailing
Agreement regarding police, fire and emergency medical service response.
II.
Colleyville authorizes North Richland Hills full authority to act as the sole provider of police, fire and
emergency medical services within the City Limits of Colleyville on Precinct Line Road as described in this
Agreement.
III.
It is understood by both parties that the intent of this agreement is for provision of a single provider of public
safety services to eliminate boundary confusion. It is further understood by both parties that this Agreement
shall serve as clarification as to who shall have full authority and responsibility to enforce law and file
criminal cases that pertain to the areas of Precinct Line Road described earlier in this Agreement.
IV.
Each City does hereby waive all claims against and agrees to release every other City, its police department,
officials, agents, officers and employees in both their public and private capacities, from and against any and
all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not
limited to court costs and attorney's fees which may arise due to any death or injury to any person, or the loss
of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance
of this agreement whether such injuries, death or damages are caused by the sole negligence or the joint
negligence of any City, its officials, agents, officers and employees. It is the express intention of the parties
hereto that the waiver and release provided for in this paragraph includes claims arising out of such other
City's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage.
It is expressly understood and agreed that, in the execution of this Agreement, no City waives, nor shall be
deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions.
V.
This Agreement shall take effect upon the signing of both municipalities and shall be in full force and effect
until terminated by either party. If any party wishes to terminate this Agreement, they shall notify the other
party in writing with thirty days notice of termination. Any party may terminate this Agreement independently
or both parties may mutually agree to terminate the Agreement.
RICH LAND HILLS
CITY OF COLLEYVILLE
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Mayor
ATTEST: ~
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ty Secretary
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