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HomeMy WebLinkAboutRes 08-09 Approving a Revised Agreement with Tarrant County, City of Keller, and City of SouthlakeTOWN OF WESTLAKE RESOLUTION NO. 08-09 APPROVING A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND DENTON COUNTY (COUNTIES), AND THE CITY OF KELLER, CITY OF SOUTHLAKE, AND THE TOWN OF WESTLAKE (CITIES) REGARDING THE ADDITIONAL CONTRIBUTION FROM TARRANT COUNTY AND MEMORIALIZING THE PARTIES' OBLIGATIONS AND RESPONSIBILITIES REGARDING THE RIGHT -OF -WAX ACQUISITION AND THE FM 1938 EXPANSION PROJECT. 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 WHEREAS, among other things, the Agreement set forth how the CITIES and COUNTIES would share the costs of such right-of-way acquisition and improvement project; and WHEREAS, the parties to the Agreement entered into an amendment of the Agreement in July of 2005, amending Article 1 of the Agreement; and WHEREAS, the parties to the Agreement now desire to amend Article I again to reflect Tarrant County's agreement to contribute funds toward the Environmental Analysis Study, the Subsurface Engineering Study, and the fees for Engineering Design; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: SECTION 1. That the above findings are hereby found to be true and correct are incorporated herein in their entirety SECTION 2. That this second amendment shall replace and supersede the original Article 1 of the Interlocal Agreement as well as the first amended Article 1 of the Interlocal Agreement. All other provisions of the original Agreement shall remain in force and effect unless modified by a subsequent written amendment signed by all parties to the original Agreement. SECTION 3. That the Board of Aldermen of the Town of Westlake hereby approves the second amendment to Article 1 of the Interlocal Agreement between the COUNTIES and CITIES, as stated and attached as Exhibit "A"; and further authorizes the Town Manager to execute all contract documents relating thereto. SECTION 4. That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 1 I TH DAY OF FEBRUARY 2008. ATTEST: Kiiml Sutter, TRMS, Town Secretary APPROVED AS TO FORM: Scott Bradley, Mayor re5o OF -07 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT � SECOND AMENDMENT TO INTERLOCAL AGREEMENT aLk,�LV, is Second Amendment to Interlocal Agreement is entered into this 4ay of 2008, by and between the COUNTY OF TARRANT, acting herein by and through its Joverning body, the Tarrant County Commissioners Court, the COUNTY OF DENTON, acting herein by and through its governing body, the Denton 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 Feller 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 Aldermen, 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 , WHEREAS, among other things, the Agreement set forth how the CITIES and COUNTIES would share the costs of such right-of-way acquisition and improvement project; and WHEREAS, Article 1 of the Agreement stated: Location, Surveys and Preparation of Right -of -Way Data: The CITIES, without cost to the COUNTIES, 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. Engineering and survey work shall meet minimum State design standards. and WHEREAS, the parties to the Agreement entered into an amendment of the Agreement in July of 2005, amending Article 1 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 TARRANT COUNTY agrees to contribute ONE HUNDRED FIFTY THOUSAND and N01100 DOLLARS ($150,000.00) toward these costs and agrees to pay this amount to THE TOWN OF WESTLAKE. Engineering and survey work shall meet minimum State design standards. Amendment to Interlocal Agreement Page I of 3 APPV F C Y ORNEY 7z CITY OF FELLER f' r AUTHORIZED CITk OFFICIAL Attest: City Secretary APPROVAL OF CITYATTORNEY; Approval Form for SANT VAjUNTY District Attorney Assistant APPKP F O TTORNEY *By law, the Drstrict 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). Approval Form for DENTON 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 seep review and approval by their own respective attorney(s). Amendment to Interlocal Agreement Page 3 of 3 THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT SECOND AMENDMENT TO INTERLOCAL AGREEMENT This Second Amendment to Interlocal Agreement is entered into this _ day of 2008, by and between the COUNTY OF TARRANT, 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 Denton 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 Aldermen, 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 WHEREAS, among other things, the Agreement set forth how the CITIES and COUNTIES would share the costs of such right-of-way acquisition and improvement project; and WHEREAS, Article I of the Agreement stated: Location, Surveys and Preparation of Right -of -Way Data: The CITIES, without cost to the COUNTIES, 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. Engineering and survey work shall meet minimum State design standards. and WHEREAS, the parties to the Agreement entered into an amendment of the Agreement in July of 2005, amending Article 1 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 TARRANT 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 WESTLAKE. Engineering and survey work shall meet minimum State design standards. Amendment to Interlocal Agreement Page 1 of 3 and WHEREAS, the parties to the Agreement now desire to amend Article 1 again to reflect Tarrant County's agreement to contribute funds toward the Environmental Analysis Study, the Subsurface Engineering Study, and the fees for Engineering Design. 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 1 of the Agreement as amended is hereby amended a second time as follows: 1. 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 TARRANT 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 WESTLAKE. furthermore, TARRANT COUNTY agrees to contribute up to, but not exceeding, ONE MILLION and NO/100 DOLLARS ($1,000,000.00) for the Environmental Analysis Study, the Subsurface Engineering Study, and for Engineering Design Fees. Engineering and survey work shall meet minimum State design standards. This second amendment shall replace and supersede the original Article 1 of the Agreement as well as the first amended Article 1 of the Agreement. All other provisions of the original Agreement shall remain in force and effect unless modified by a subsequent written amendment signed by all parties to the original Agreement. This second amendment may be executed in multiple counterparts, attached to the original Agreement, and shall collectively constitute the Second Amendment to the Agreement. COUNTY OF TARRANT znt� COUNTY JUDGE 4 CITY OF SOUTHLAKE AUTHORIZED CITY OFFICIAL Attest: Amendment to Interlocal Agreement Page 2 of 3 X4,111-9 1 COUNTY JUlJGE TOWN OF WESTLAKE AUTHORIZED TOWN OFFICIAL Attest: APPROVAL OF CITY ATTORNEY APPROVAL OF TOWN ATTORNEY CITY OF KELLER AUTHORIZED CITY OFFICIAL Attest APPROVAL OF CITY ATTORNEY: Approval For"r TAR CW WUNTY District Attorney 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). Approval form for DENTON COUNTY District Attorney Ass st t 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 attomey(s). Amendment to Interlocal Agreement Page 3 of 3