HomeMy WebLinkAboutRes 11-16 Executing an Amendment to the Advanced Funding Agreement with TxDot TOWN OF WESTLAKE
RESOLUTION NO. 11-16
CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE LOCAL TRANSPORTATION PROJECT ADVANCE
FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION (TXDOT), RELATING TO THE REVIEW OF A PRELIMINARY
ENGINEERING STUDY FOR THE EXTENSION OF FM 1938 FROM FM 1709 TO SH
114.
WHEREAS, the Town of Westlake worked in partnership with the Cities of Southlake
and Keller for the engineering of FM 1938; and
WHEREAS, on July 14, 2003, by Resolution No. 3-38, the Town Council approved the
Local Transportation Project Advance Funding Agreement for Voluntary Transportation
Improvement Projects (Off-System) with the Texas Department of Transportation (TxDOT),
relating to the review of a preliminary engineering study for the extension of FM 1938 from FM
1709 to SH 114; and
WHEREAS, the State of Texas cancelled said project after the Texas Transportation
Commission changed this proposed facility from an off-system roadway to an on-system
roadway; and
WHEREAS, all the charges related to said project were moved out of CSJ No. 0902-48-
544 to CSJ No. 1978-01-048, STP 2009(880)MM project by TxDOT; and
WHEREAS, the State of Texas has requested the Town of Westlake, the City of
Southlake, and the City of Keller agree to terminate the said original contract for CSJ No. 0902-
48-544.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety
SECTION 2. THAT the Town Council of the Town of Westlake, Texas hereby
approves Amendment No. 1 to the Local Transportation Project Advance Funding Agreement
with the Texas Department of Transportation(TxDOT), relating to the review of a preliminary
engineering for the extension of FM 1938 from FM 1709 to SH 114; and further
authorizes the Town Manager to execute said agreement attached as Exhibit "A"on behalf of
the Town of Westlake, Texas.
Resolution 11-16
Page 1 of 2
SECTION 3: if any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 13TH DAY OF JUNE 2011.
O�N OF
M
Laura Wheat, Mayor
ATTEST:
f /
KellEdwarfA, Town Secretary T m Br o Manager
APPROVED AS TO F RM:
L. tanton Lo , ow ttorney
Resolution 11-16
Page 2 of 2
CSJ#0902-48-544
District#02-Fort Worth
Code Chart 64#45150,40050,21750
Project: Review of Preliminary Engineering to study
a facility for upgrade to a farm to market facility
Federal Highway Administration
CFDA#20.205
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT#1
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of
Transportation, hereinafter called the State, and the Town of Westlake and the Cities of Southlake and Keller, acting by
and through their City Councils, hereinafter called the Local Government(s).
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on the 51"of August 2003,to effectuate their
agreement to review the preliminary engineering to study a facility for upgrade to a farm to market facility from SH 114 to
FM 1709,a distance of approximately 3.6 miles; and,
WHEREAS, the State cancelled this project after the Texas Transportation Commission changed this location from an off-
system to an on-system; and,
WHEREAS, all charges related to this project were moved to 1978-01-048, Project: STP 2009(880)MM; and,
WHEREAS, it has become necessary to terminate 0902-48-544 contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,
the State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
The termination of the original agreement becomes effective when this amendment is signed by the last party.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization represented.
IN WITNESS WHEREOF,THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
AFA-AFA Amend Page 1 of 2 Revised 10-11-10
CSJ#0902-48-544
District#02-Fort Worth
Code Chart 64#45150,40050,21750
Project: Review of Preliminary Engineering to study
a facility for upgrade to a farm to market facility
Federal Highway Administration
CFDA#20.205
THE LOCAL GOVERNMENT THE LOCAL GOVERNMENT
Town of Westlake City of Southlake
Name of Local Government Name of Local Government
By: r' ° B
SignatuRp/ Si re
Printed Name i" Printe Name
—/--
'00 /fir✓
Title Title
Date Date
THE LOCAL GOVERNMENT THE STATE OF TEXAS
Executed for the Executive Director and
City of Keller approved for the Texas Transportation
Name of Local Government Commission for the purpose and effect of
activating and/or carrying out the orders.,
By: established policies or work programs
Sigfiature heretofore approved and authorized by the
fl �•Lia Texas Transportation C fission.
Printed Nam4 By.
ti
A,/& diet.- Si nature
ice Mullenix
Title Director of Contract Services
Date Date
AFA-AFA Amend Page 2 of 2 Revised 10-11-10