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Home My WebLink AboutRes 09-05 Approving a Revised Agreement with Tarrant County, City of Keller, and City of Southlake TOWN OF WESTLAKE RESOLUTION NO. 09-05 APPROVING A REVISED INTERLOCAL AGREEMENT AMONG TA NT COUNTY, CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF WESTLAKE CONCERNING ACQUISITION OF RIGHT-OF-WAY FOR THE FM 1938 PROJECT. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1. That the Town of Westlake does hereby approve the revised Interlocal Agreement arnong Tarrant County, City of Keller, City of Southlake and Town of Westlake concerning acquisition of right-of-way for the FM 1938 project, attached as Exhibit A. SECTION 2. That this resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 9 DAY OF FEBRUARY 2009. Laura Wheat, Mayor ATTEST, A Kim Sutter TRMC, Town Secretary Thomas E. Bry )W" Manager APPROVED AS TQ.FORM- L. tantoIykToi .Attorney Town of Westlake February 17,2009 Randy Skinner Planning Manager Tarrant County Transportation Services 100 E. Weatherford, Room 401 Fort Worth, TX 76196 Re: Resolution No. 09-05. IL,4 with Tarrant County regarding distribution of funds for FM 1938 project Dear Mr. Skinner: As per your instructions, I am enclosing three partially executed copies of the Interlocal Agreement for fund distribution related to the FM 1938 Project. Please return one fully executed original for our files. Thank-)you for your assistance, r nc -ely, I ' uM(C tter, T own Secretary Enclosed: (3) Third Amendment to Interlocal.Agreement 3 Village Circle,Suite 202 ® Westlake,Texas 76262 Metro: 817-430-0441 + Fax: 817-430-1812 • www.westiake-tx.org THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TA NT § THIRD AMENDMENT TO INTERLOCAL AGREEMENT This Third Amendment to Interlocal Agreement is entered into this q day of 2043by and between the COUNTY OF TA NT, acting herein by and through its governing' body, the Tarrant County Commissioners Court, the COUNTY OF DENTON, acting herein by and through its governing body, the Demon County Commissioners Court, both hereinafter referred to as COUNTIES. and both being County agencies of the State of Texas, and the CITY OF KELLER, acting through its governing body, the Keller City Council, the CITY OF SOUTHLAKE, acting through its governing body, the Southlake City Council, and THE TOWN OF WESTLAKE, acting through its governing body, the Westlake Board of Alderinen, hereinafter referred to as the "CITY" or collectively as the"CITIES," witnesseth: WHEREAS, on March 5, 2002, the COUNTIES and the CITIES entered into an Interlocal Agreement (hereinafter referred to as the "Agreement") memorializing the parties' obligations and responsibilities regarding a right-of-way acquisition and improvement project for FM 1938 from FM 1709 to SH 114; and VIFIEREAS, the parties to the Agreement entered into an amendment of the Agreement in July of 2005, amending Article I of the Agreement as follows: Location Surveys and Preparation of Right-of-Way Data: The CITIES will do the necessary preliminary engineering and survey work in order to supply the COUNTIES the data and instruments necessary to obtain acceptable title to the desired right-of-way. The CITIES shall do this without cost to the COUNTIES, except that TA NT COUNTY agrees to contribute ONE HUNDRED FIFTY THOUSAND and NO/100 DOLLARS ($150,000.00) toward these costs and agrees to pay this amount to THE TOWN OF NVESTLAKE. Engineering and survey work shall meet minimum State design standards. and WHEREAS, the parties to the Agreement entered into a Second Amendment to the Interlocal Agreement to amend Article I again to reflect TA NT COUNTY'S agreement to contribute $1,000.000.00 toward the Environmental Analysis Study, the Subsurface Engineering Study,and the fees for Engineering Design. and WHEREAS, the parties to the Agreement now desire to amend Article 1 again to reflect the disbursement schedule of TA NT COUNTY funds in the amount of$1,000,000.00 as identified in the Second Amendment to the Agreement. Amendment to Interlocal Agreement Page I of 5 NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in the original Agreement and as contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the undersigned agree that Article I of the Agreement as amended is hereby amended a third time as follows: Location Survqs and Preparation ofRight-qf-T,-T7Qy Data: The CITIES will do the necessary preliminary engineering and survey work. in order to supply the COLTNTIES the data and instruments necessary to obtain acceptable title to the desired right-of-way. The CITIES shall do this without cost to the COUNTIES, except that TA NT COUNTY agrees to coi tribute ONE g i HUNDRED FIFTY THOUSAND and NO/100 DOLLARS ($150,000.00) toward these costs and agrees to pay this amount to THE TOWN OF 'WESTLAKE. Furthermore, TARRANT COUNTY agrees to contribute up to, but not exceeding, ONE MILLION and NO/100 DOLLARS 'D ($1,000,000.00) of Commissioner discretionary funds as identified in the 2006 Tarrant County Transportation Bond Program for the Environmental Analysis Study, the Subsurface Engineering Study, and for Engineering Design Fees. Engineering and survey work shall meet minimum State design standards. TA RR ANT COUNTY bond funds identified herein will be disbursed according the schedule shown in Attachment A which is attached hereto and hereby made a part of this amendment for all purposes. This third amendment may be executed in multiple counterparts, attached to the original Agreement, and shall collectively constitute the Third Amench-nent to the Agreement. Amendment to Interlocal Agreement Page 2 of 5 COUNTY OF TA NT COUNTY OF DENTON COUNTY JUDGE COUNTY JUDGE CITY OF SOUTTILAKE TOWN OF WESTLAKE AUTHORIZED CITY OFFICIAL AUTHORI E OFFICIAL Attest: Atte ' APPROVAL OF CITY ATTORNEY APPRO F O N ATTORNEY CITY OF KELLER AUTHORIZED CITY OFFICIAL Attest; APPROVAL F CITY ATTORNEY: Approval Form for DENTON COUNTY District attorney Assistant District Attorney *Sy law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients, it may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval,and should seep review and approval by their own respective atto ey(s).. Amendment to interlocal Agreement Page 3 of 5 Approval Form for TARRANT COUNTY District Attorney Assistant District Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). CER77FTCA710N OFA VAI LABLE FUNDS IN THEAMOUNT OF Certification of Funds Available as follows: Fiscal year ending September 30, 2007 $ Fiscal year ending September 30, 2008 $333,000 Fiscal year ending September 30, 2009 $333,000 All future years funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2010 $334,000 Fiscal year ending September 30, 2011 $ Fiscal year ending September 30, 2012 $ Fiscal year ending September 30, 2013 $ Fiscal year ending September 30, 2014 $ Fiscal year ending September 30, 2015 $ Fiscal year ending September 30, 2016 $ ---------------------------------- $1,000,000 Auditor's Office Amendment to Interlocal Agreement Page 4 of 5 ATTACHMENT A Prosect Information City: Westlake, Southlake, Keller, Denton County Project Name: F.M. 1938 extension from S.H. 114 to F.M. 1709 Proposed Project Schedule Start Date Duration (mo) End Date Design: Jan-2008 28 Apr-2010 ROW Acquisition: 0 Utility Relocation- 0 Construction: 0 COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the project phase for which payment is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Assumes completion of design elements for Phase I and Phase 2. Proposed County Payment by Phase Design: $1,000,000 ROW Acquisition: $ Utility Relocation: $ Construction: S, County Funding Total: $1,000,000 Proposed County Payment by Calendar Quarter(SUBJECT TO CHANGE) I st Quarter 2nd Quarter 3rd Quarter 4th Quarter 2007 $ $ $ 2008 $ $ $333,000 $ 2009 $333,000 $ $ $ 2010 $334,000 $ - $ 2011 $ $ 2012 $ $ 2013 $ $ $ 2014 $ 2015 5 $ $ $ 2016 $ $ $ Amendment to Interlocal Agreement Page 5 of 5