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HomeMy WebLinkAboutResolution 1994-018 RESOLUTION NO. 94-18 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 Hurst as the act and deed of the City. PASSED AND APPROVED this 9th day of May, 1994 APPROVED: T~~ ATTEST: APPROVED AS TO FORM AND LEGALITY: Rex ,.__J -' 4-~ (~i· ,'1.QC:{ lA..)" h- STATE OF TEXAS ) ) ) AGREEMENT ~(õ) rf?'\\11 COUNTY OF TARRANT This Agreement, made and entered into by and between the City of Hurst, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Hurst," 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 Hurst 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 the portion of Precinct Line Road which is located North of the extension of the Northernmost right of way which is represented by the extension of the lateral curb line of State Highway 26 (Grapevine Highway) which runs from Southwest to Northeast along State Highway 26 (Grapevine Highway); 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 Hurst 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 of this 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. Hurst Hurst hereby agrees: I. 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 Hurst. 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, 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 North Side of State Highway 26 (Grapevine Highway) with such roadway traveling Northbound to its termination at Shady Grove Road. 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, NORTH RICH LAND HILLS North Rich/and Hills hereby agrees: I. To provide full police, fire and emergcncy medical serviccs 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 that begin on Precinct Line Road at the North Side of State Highway 26 (Grapevine Highway) with such roadway traveling Northbound to its termination at Shady Grove Road, 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, thc authority by North Richland Hills shall extend to the beginning of the nearcst 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. Hurst authorizes North Richland Hills full authority to act as the sole provider of police, fire and emergency medical services within the City Limits of Hurst 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, dan1ages, 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 arc caused by the sole negligence or the joint ncgligence 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 be in full force and effect until terminated by either party with thirty days written notice to the other or until both parties mutually agree to change or modify the terms of this agreement. CITY OF NORTH RICHLAND HILLS CITY OF HURST K&iJ~~~ City Manage c;{ir- JJ: ~ it Manager ATTEST: Q N¿~_«w/L;~ Secretary ATTEST: ~i;~ City ecretary ~.~ Chief of Police This agreement was executed on the ~ day of c::l7J¡ ,1994.