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HomeMy WebLinkAboutRes 02-02 Accepting the Minute Order for FM 1938. TOWN OF WESTLAKE RESOLUTION 02-02 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ACCEPTING THE MINUTE ORDER FOR FM 1938. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, hereby accept the minute order for FM 1938. PASSED AND APPROVED ON THIS 14"' DAY OF JANUARY, 2002. Scott Bradley, Mayor ATTEST: Ginger rosswy, Town S6retary Trent O. Petty, To ager APPROVED AS TO F RM: L. ton Lo ry wri 0iney Graham Associates, Inc. CONSULTING ENGINEERS & PLANNERS Letter of Transmittal TO: Lyle Dresher -City of Keller DATE: 11 -Mar -02 Bruce Payne -City of Southlake Trent Petty -Town of Westlake Jeanne Green -Tarrant County Martin Schelling-Metroport RE: F.M. 1938 W.O. No. WE ARE ENCLOSING: No. Copies Description 1 Set of copies of minuter order resolution and copy of interlocal agreement For Your Use: X As Requested: Remarks: cc: Ginger Crosswy Signed: W. Jeff Williams For Your Approval: Approved as Noted: CC to: 116 Six Flags Dr., Suite 400 " Arlington, Texas 76011 * (817)640-8535 * ivi City of ElJJLAX STATE OF TEXAS COUNTY OF TARRANT CERTIFICATION I hereby certify, in the performance of the functions of my office, that the attached instrument is a full, true and a correct copy of Resolution No. 1774 as the same appears of record in my office and that said document is an official record from the public office of the City Secretary of the City of Keller, Tarrant County, State of Texas, and is kept in said office. I further certify that I am the City Secretary of the City of Keller, that I have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 12th day of February 2002. IF Wo Im Nol, M 20P � - !W - M!i�: E 158 SOUTH MAIN STREET • P.O. BOX 770 • KELLER, TEXAS 76244 • (817) 431-1517 • FAX (817) 431-5867 Web: http://wwwcityofkeller.com • E-mail: cityhall@cityofkeller.com 1 2 3 4 5 6 7, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1774 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS, ACCEPTING THE TERMS OF THE TEXAS TRANSPORTATION COMMISSION MINUTE ORDER NO. 108746 REGARDING THE FARM TO MARKET ROAD 1938 EXTENSION BETWEEN STATE HIGHWAY 114 AND FARM TO MARKET ROAD 1709. WHEREAS, State Highway 114 and Farm to Market Road 1709 represent primary east -west means of access for northeast Tarrant County and southern Denton County; and WHEREAS, State Highway 114 and Farm to Market Road 1709 do not have an adequate north -south connection to serve increasing commercial and residential development demands; and WHEREAS, construction of Farm to Market Road 1938 as a four -lane, divided roadway from State Highway 114 to Farm to Market Road 1709 has been proposed as part of the regional transportation network for many years; and WHEREAS, a north -south arterial is critically needed in this region for efficient and safe movement of vehicular traffic; and WHEREAS, constructing Farm to Market Road 1938 from State Highway 114 to Farm to Market Road 1709 completes a gap in the regional transportation network and connects United States Highway 820 and State Highway 114, two controlled access State facilities; and WHEREAS, public support for the project has already been received in the form of dedicated right-of-way for the roadway and the necessary adjacent right-of-way dedication for the NETCRWS water line to provide necessary water supply to the cities of Southlake and Keller, and the Town of Westlake; and 1 1 2 3 4 5 6 7 8 9 10 11 12 13I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of Keller will provide right-of-way within the city's corporate city limits and is funding its portion of engineering and design costs therefor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: Section 1: THAT, the above findings are hereby found to be true and correct and are hereby incorporated herein in their entirety. Section 2: THAT, the City Council of the City of Keller, Texas, hereby accepts the terms of the Texas Transportation Commission Minute Order No. 108746, attached hereto as Exhibit "A", and urges all other affected political subdivisions to accept the terms therein to expedite the extension of Farm to Market Road 1938 between State Highway 114 to Farm to Market Road 1709. AND IT IS SO RESOLVED. Passed by a vote of 5 to 0 on this the 5th day of February, 2002. By: ATTEST: CITY OF KELLER, TEXAS Mayor Approved as to F L. 1.S�nton and Legality: ,amity Attorney 2 12/13/01 10:48 FAJ(_512 483 0283 MOT ADMIN TEXAS TRANSPORTATION COMMISSION DBNTQN & TARRANT Counties MINUTE ORDER Districts DALLAS & FORT WORTH Z002 1 Page 1 of 2 In DENTON- & TARRANT COUNTIES a project is being proposed to extend FARM TO MARKET ROAD 1938, an urban.road, from State Highway 114 in Westlake to Farm to Market Road 1709 in Southlake, a distance of approximately 3.6 miles. The proposed roadway consists of a four -lane divided highway, with a wide median to allow future expansion to six lanes. This route is part of the North Central Texas Council of Governments (NCTCOG) Regional Plan as an arterial route, and was included in two of its previous rogional plans. Constructing this project will alleviate congestion and improve traffic flow in the Dallas/Fort Worth metropolitan area_ IT IS THEREFORE ORDERED that the executive director is directed to lender the following proposal to the NCTCOG, Denton and Tarrant counties: Provided NCTCOG will: 1. Place the project into Priority 2, Category 4C, STP Metropolitan Mobility. In Priority 2, a substantial portion of the project construction plans (geometric, structural, hydraulic and pavement design approved) should be completed and a substantial amount of the required right of way should be purchased. It is expected that the Town of Westlake and the cities of Southlake and Keller will fund the engineering costs. Provided both Denton and Tarrant counties will: 1. Agee to provide 100 percent of the right of way and eligible utility adjustments. The Texas Department of Transportation will: 1. Place the roadway on the state highway system upon completion of Priority 2 activities. 2. After the roadway is added to the state system, consider all funding options for the project.; IT IS FURTHER ORDERED that upon acceptance of the provisions of this order by the NCTCOG, Dcnton and Tarrant counties, the executive director is hereby authorized to enter into any necessary agreements and to proceed in the most feasible and economical manner with approved project development activities. EXHIBIT "Art JAN -1B-2002 10:03 cis% P.02 uan iv uc iu:ucd 12/19/01 16:49 FAX 512463 0293 TXDOT ADMIN X 003 TEXAS TRANSPORTATION COMMISSION PENTON dt TARRANT_ Counties MINU'T'E ORDER Page 2 of 2 Districts DALLAS & FORT WORTH This order shall become operative upon acceptance by NCTCOG, Denton and Tarrant counties, and, if not accepted within 90 days of the date herzof, the actions contained in this order shall not be implemented. SubmitLed and reviewed b eclat, Tttmspottation tanning nd Programming T)ivIsion yRecommended by: Executive Director 108746 DE.0W I Minute Dmc Number Passed JAN -18-2002 10:04 96% P.03 Mayor: Rick Stacy Mayor Pro Tem: W. Ralph Evans Deputy Mayor Pro Tem Patsy DuPre Councilmembers Rex Potter Keith Shankland Greg Standerfer Tom Stephen City Manager: Billy Campbell Assistant City Manager: Shana Yelverton Acting City Secretary: Kim Bush City of Southlake Office of the City Secretary CITY OF SOUTHLAKE STATE OF TEXAS § COUNTY OF TARRANT § CERTIFICATION TO COPY OF OFFICIAL RECORD I, the undersigned, Kim Bush, Acting City Secretary for the City of Southlake, Texas, a municipal corporation, in the performance of the functions of the Office of City Secretary, hereby certify that the attached Resolution No. 02-004 Accepting Texas Transportation Commission Minute Order No. 108746, is a full, true, and correct copy of the document as the same appears of record in the Office of City Secretary. In witness whereof, I have hereunto set my hand and affixed the official seal of said City of Southlake, Texas, this ay of 2002. HLAKF ;�• N s _O• • 54 Kimush Acting City Secretary Sworn to and subscribed before me on the Tay of fikrAsx , 2002. tri--•— "� Notary Public State of Texas 1400 Main St., Suite 270 • Southlake, Texas 76092 (817) 481-1519 . FAX(817)481-5826 "AN EQUAL OPPORTUNITY EMPLOYER' City of Southlake, Texas 38 F l e RESOLUTION NO. 02-004 RESOLUTION ACCEPTING TEXAS TRANSPORTATION COMMISSION MINUTE ORDER NO. 108746 REGARDING FM 1938 EXTENSION BETWEEN SH 114 AND FM 1709 WHEREAS, State Highway 114 and Farm to Market Road 1709 represent primary east -west means of access for northeast Tarrant County and southern Denton County, and WHEREAS, SH 114 and FM 1709 do not have an adequate north -south connection to serve increasing commercial and residential development demands, and WHEREAS, construction of FM 1938 as a four lane divided roadway from SH 114 to FM 1709 has been proposed as part of the regional transportation network for many years; and WHEREAS, a north -south arterial is critically needed in this region for efficient and safe movement of vehicular traffic; and WHEREAS, constructing FM 1938 from SH 114 to FM 1709 completes a gap in the regional transportation network and connects US 820 and SH 114, two controlled access state facilities; and WHEREAS, public support for the project has already been received in the form of dedicated right of way for the roadway and the necessary adjacent right of way dedication for the NETCRWS water line to provide necessary water supply to Southlake, Keller and Westlake; and WHEREAS, the City of Southlake will provide any additional right-of-way beyond that agreed to be acquired by Tarrant County, as needed for landscaping, drainage and other utilities, and pedestrian pathways, within the city's corporate city limits and fund a portion of engineering costs; and NOW, THEREFORE, BE IT NOW RESOLVED BY THE CITY OF SOUTHLAKE SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: that the City accepts the terms of the Texas Transportation Commission Minute Order No. 108746 and urges all other political subdivisions to accept the terms therein to expedite the Extension of FM 1938 between SH 114 and FM 1709. City of Southlake, Texas SECTION 3: If any provision of this Resolution shall be held invalid or unconstitutional, then the remainder of such resolution shall remain in full force and effect as if separately enacted. PASSED AND APPROVED on this the 7 day of 2002 by the City of Southlake. APPROVED: Rick Stacy, Mayor ATTEST: F sour '--, Kim B sh, Acting City Secretary''••••••••'•• �'�'` 0 Dec 13 01 02:25p Graham Associates, Inc. 817-633-5240 e•2 TEAS TRANSPORTATION COMMISSION 1.ENTON & TARRANT Counties MINiTPE ORDER Ps,c Districts DALLAS &fD2T WORT}1 In DENTON do TARRANT Ccn fN'rlBs, a project is being proposed :o cxrsnd : ARJM 7 MARKET ROAD 1938, an urban road, from State Highway 114 in Westlake to Farr., to Road 1709 in Southlake, a distance of approximately 3.6 miles. The proposed roadway consists of a four lane divided highway, with a wide median to al!ow future expansion to six lanes. 'Chis route is part of the North Central Texas Celneil of Geverrr,.en,ts (NCl'COG) Regional Plan as an arterial route, and was included in two of its previous mpor C plat;;. Constructing this ptoject will alleviate congestion and improve traffic flow in the visa?u Worth metropolitan area. IT IS T?iEREFORE ORDERHD that the executive director is directed to lender the fouawwt Proposal to the NCTCOG, Denton and Tarrant counties: Provided NCTCOG will: I. Place the project into Priority 2, Category 4C, STP Metropolitan Mobility. In Priaritr 2, a substantial portion of the project construction plans Qtortxtric, strucrural, hydraulic and pavement design approved) should be completed and a substantial amount of the required right of way should be purchased. It is expected that the Town of Westlacc ar. the cities of Southlake and Kellerwill fund the engineering costs. Prodded both Denton and Tarrant counties will: 1. Agree to provide 100 percent of the right of way and eligible utility adj:rstrrents The Texas Department of Traasponadon will: 1. Place the roadway on the state highway systern upou completion of Prionry 2 activities. 2. After the roadway is added to the state system, consider all funding options for the project. IT FURTHER ORDERED that upon acceptance of rhe provisions of this order by the NCTCOG. Denton and Tarrant counties,, the executive director is hereby authorized to eau- into any necessary agree rents and to proceed in the mostfeasible and econotnJcal canner with appruved project development acllvities. I - d d80:21 t0 Cl »0 Dec 13 01 02:26p Graham Associates, Inc. 817-633-5240 p,3 TEXAS TRANSPORTATION COMMISSION. t)ENTON de TARRANT Counties MINUTE ORDER P;;ge T c i: Districts DALLAS A FORT WORTP This order shall become ope,/ztive upon acceptance by NCTCOG, Der.ton and Tar. an: coundes, and, if not accepted within 90 days of the date hereof, the actions cer.Wn_d in this order shall not be implemented. Submitted and reviewed by: ,itrector, Transptxtatien Planning aad Programming Division Reeornmended bv: Executive DirectOT Minute Dale Number Paased 2—d d60:21 to Et — 03/08/2002 14:32 8174301812 TOWN OF WESTLAKE PAGE 01 TOWN OF WESTLAKE RESOLUTION 02-02 A RESOLUTION OF THE 130ARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ACCEPTING THE MINUTE ORDER FOR FM 1938. NOW, THEREFORE, BE IT RESOLVED 13V THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermcn of the Town of Wcstlak.e. Texas. hereby accept the minute order for FM 1938. PASSED AND APPROVED ON THIS 1411' DAY OF JANUARY, 2002 ATTLST: AGinggerrosswy, Town S etary APPROVED AS TO F RM: Scott Brad e�Mayor Trent O. Petty. To ager CERTIFICATION OF REGIONAL TRANSPORTATION COUNCIL ACCEPTANCE OF TEXAS TRANSPORTATION COMMISSION MINUTE ORDER 108746 The North Central Texas Council of Governments serves as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan Area, and the Denton and Lewisville Urbanized Areas. The Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments and has been and continues to be a forum for cooperative decisions on transportation. At its February 14, 2002 meeting, the Regional Transportation Council unanimously accepted the Texas Transportation Commission's proposal in Minute Order 108746, dated December 13, 2001. This Minute Order tenders a proposal for a project to extend F.M. 1938, an urban road, from S.H. 114 in Westlake to F.M. 1709 in Southlake, a distance of approximately 3.6 miles. By acceptance of this Minute Order, the RTC agrees to place the project in Priority 2, Category 4C, Surface Transportation Program --Metropolitan Mobility. In Priority 2, a substantial portion of the project construction plans (geometric, structural, hydraulic and pavement design approved) should be completed and a substantial amount of the required right of way should be purchased. It is expected that the Town of Westlake and Cities of Southlake and Keller will fund the engineering costs. A list of RTC members voting on this action is attached. I hereby certify that this action was taken by the Regional Transportation Council for the North Central Texas Council of Governments on February 14, 2002. gi1Vlurphy,hirma�S�onaI Transportation Coun or Pro Tem, City of Richar son REGIONAL TRANSPORTATION COUNCIL MEMBERS VOTING ON ACCEPTANCE OF TEXAS TRANSPORTATION COMMISSION MINUTE ORDER 108746 John Murphy, Chairman Mayor Pro Tem City of Richardson Jack Hatchell, Secretary Commissioner Collin County Ron Brown Commissioner Ellis County Mark Burroughs Councilmember City of Denton Maribel Chavez District Engineer TxDOT, Fort Worth District Harry Englert Mayor Pro Tem City of Grand Prairie Lois Finkelman Councilmember City of Dallas Roger Harmon County Judge Johnson County Becky Haskin Councilmember City of Fort Worth Jerry Hiebert Executive Director North Texas Tollway Authority Lowell Hyatt Councilmember City of Garland Lee Jackson County Judge Dallas County Linda Koop Board Member Dallas Area Rapid Transit Ken Lambert Councilmember City of Plano Jay Nelson District Engineer TxDOT, Dallas District Mike Nowels Councilmember City of Lewisville Dave Ragan Board Member Fort Worth Transportation Authority Grady Smithey Mayor Pro Tem City of Duncanville Steve Terrell Mayor City of Allen Carl Tyson Councilmember City of Euless Marti VanRavenswaay Commissioner Tarrant County g RESOLUTION AND ORDER ACCEPTING MINUTE ORDER NO. 108746 REGARDING FM 1938 EXTENSION BETWEEN SH 114 AND FM 1709 THE STATE OF TEXAS ) COUNTY OF TARRANT ) WHEREAS, on this 6n day of �gX'12Gek , 2002 at a regular meeting of the Commissioners Court of Tarrant County, Texas, sitting as the governing body of Tarrant County, upon motion of Commissioner seconded by Commissioner , duly put and carried: WHEREAS, State Highway 114 and Farm to Market Road 1709 represent primary east -west means of access for northeast Tarrant County and southern Denton County; and WHEREAS, SH 114 and FM 1709 do not have an adequate north -south connection to serve increasing commercial and residential development demands; and WHEREAS, the proposed roadway consists of a four -lane divided highway with a wide median to allow future f expansion to six lanes from SH 114 to FM 1709; and WHEREAS, the proposed route of FM 1938 from SH 114 to FM 1709 is part of the North Central Texas Council of Governments (NCTCOG) Regional Plan as an arterial route; and WHEREAS, a north -south arterial is critically needed in this region for efficient and safe movement of vehicular traffic; and WHEREAS, construction FM 1938 from SH 114 to FM 1709 completes a gap in regional transportation network and connects IH 820 and SH 114, two controlled access state facilities; and WHEREAS, Tarrant County will acquire right-of-way in accordance to policies of the Texas Department of Transportation and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property; and NOW, THEREFORE, BE IT NOW RESOLVED BY TARRANT COUNTY, TEXAS, that the County accepts the terms of the Texas Transportation Commission Minute Order No. 108746 and urges all other political subdivisions to accept the terms therein to expedite the Extension of FM 1938 between SH 114 and FM 1709. TARRANT COUNTY, TEXAS BYZ123— ��' TOM VANDERGRIFF, O,Y JUDGE The above has been assigned Court Order No. 2 712 . and is recorded in Volume , of the Commissioners Court Minutes. Deputy for County C erk Approval Form fo District A torney ssis 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 attorney FUNDS AVAILABLE IN COUNTY PROJECT FUND: 65101-261-552313 CERTIFICATION OF FUNDS AVAILABILITY- , 5I , ?5-0-9D G' S. RENtE TIDWELL, COUNTY AUDITO DENTON COUNTY COMMISSIONERS COURT / ri e iy Zoog Month Day I Year Court Order Number: 1 A THE ORDER: (� Approval of Texas Transportation Commission Minute Order 4 regarding Extension of FM 1938 and authorizing the County Tudg,2 t;, execute same on behalf of Denton County. Motion by 0Seconded by County Judoe Yes Scott Armev Abstain No Absent Commissioner Pct No 1 Yes Commissioner Pct No 2 Yes Cynthia White Abstain Sandy Jacobs Abstain No No Absent Absent Commissioner Pct No 3 Yes Commissioner Pct No 4 Yes Bobbie J. Mitchell Abstain Jim Carter Abstain No No Absent Absent Motion Carried "V Other Action: Pulled from Consent _ No Action _ Postponed �tttttllltrlry���� BY ORDER O THE COMMISSIONERS` tilS$/0� �ATTEST: Cynthia Mitchell, County Clerk b ^ and Ex -Officio Clerkof the Presiding Officer v E Commissioners Court of Denton County, Texas APPROVED AS TO FORM: y ails Assistant District Attorney �r 111111 ItBY. Deputy County Clerk ke�o I- , (/C) RESOLUTION ACCEPTING TERiIIS OF TEXAS TRANSPORTATION COMMISSION MINUTE ORDER 108746 REGARDING FM 1938 WHEREAS, Farm to Market Road 1938 is a regionally critical roadway in Denton and Tarrant County; and WHEREAS, the project will extend Farm to Market Road 1938, an urban roadway, from State Highway 114 in Westlake to Farm to Market Road 1709 in Sottthlake a distance of 3.6 miles; and WHEREAS, the project consists of a four lane divided highway, with wide median to allow future expansion to six lanes; and/ WHEREAS, the route is part of the North Central Texas Council of Governments (NCTCOG) Regional Plan as an arterial route, and was included in two previous regional plans; NOW, THEREFORE, BE IT RESOLVED that the Denton County Commissioners Court supports the widening of Farm to Market Road 1938 and agrees to provide 100 percent of the right-of-way and eligible utility adjustments at no cost to the state, with access permitted only at locations approved by the state. k", DONE IN OPEN COURT, this the day of 2002, upon motion made by and seconded by -f z- 16 , and � members of the Court being present and voting. ARIMEY, CO TY JUDGE ATTEST: CYNTHIA MITCHELL, County Clerk and Ex -officio Clerk of the Commissioners Court of Denton BY:e7, cr PRFSr.�V! SA ' JACO S, COMMISSIONER CIN JIM 6115 ER, COMMISSIONER PRECIN T 4 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT This Agreement is made and entered into this—qday of L1716C/7 16C/7 EA , 2002, 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, die Denton County Commissioners Court, both hereinafter referred to as COUNTIES, and both being County agencies of die State of Texas, and the CITY OF KELLER, acting through its governing body, the Keller City Council, the CI'T'Y OF SOUTHLAKE, acting through its governing body, die Southlake City Council, and THE TOWN OF WESTLAKE, acting through its governing body, the Westlake Board of Aldernhen, hereinafter referred to as die "CITY" or collectively as die "CITIES", witnesseth: WHEREAS, each governing body finds that die performance of this Agreement is in die common interest of all parties, that die undertaking will benefit die public, and that die division of cost fairly compensates die perfonning party for the services of functions under this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of'governmental functions hereunder, shall make the performance or those payments tion current revenues legally available to that party; and WHEREAS, it is deemed necessary to make certain improvements to FM 1938 from FM 1709 to SH 114 and which improvements will necessitate die acquisition of certain night -of -way; and WHEREAS, this project is funded with current funds from the COUNTIES, CITIES, State of Texas, and Federal funds; and WHEREAS, it is agreed that such right-of-way purchase shall be by joint effort of the CITIES AND COUNTIES as defined in this Agreement: NOW "THEREFORE, be it agreed that acquisition of such right-of-way shall be in accordance widh the terms of this agreement and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. The CITIES hereby authorize and request the COUNTIES to proceed with acquisition according to die terms and conditions of this agreement. The CITIES and COUNTIES agree to share the cost of' such right-of-way acquisition according to die provisions outlined herein and agreed to by die parties hereto. NOW THEREFORE, be it agreed that each city will perform its duties as defined below within its respective municipal boundary and each county will perforrn its duties as defined within its respective county. 1. Location Surveys and Preparation ofRight-of-Way Datx. The CITIES, without cost to the COUNTIES, will do die necessary preliminary engineering and survey work in order to supply the COUNTIES the data and instruments necessary to obtain acceptable tide to the desired right-of-way. Engineering and survey work shall meet minimum State design standards. 2. Determination of Right -of -Way Values The COUNTIES agree to make a determination of property values for each right-of-way parcel, which shall be based on the appraised value of a licensed appraiser and review appraiser. Such work will be performed by the COUNTIES at its expense without cost participation by the CITIES, except that the Town of Westlake will pay all costs associated with determination of' Right of Way values for the section of die project that falls within Denton County so dhat there will be no cost to Denton County. Such appraisal reports shall be submitted to die COUNTIES when completed. 3. Purchase ofAdditional Right -of - Way by the Respective CITIES. • The CITIES agree that, if any CITY desires to purchase more right-of-way than that which is required for the improvements to FM 1938, that CITY shall be responsible for all increased costs for purchasing said additional right-of-way. Before die COUNTY performs any work with respect to purchasing additional right-of-way for the CITY, the COUNTY shall provide the CITY with an estimate of die costs of such work and receive the CITY's written approval to proceed with such work. 4. Title Investgation: The COUNTIES agree to hire tide company's acceptable to die COUNTIES, to investigate property tides. The COUNTIES agree to purchase a tide policy for each parcel acquired, when deemed necessary. The cost of tide investigation, closing costs, recording of instruments, and die tide policy is the responsibility of the COUNTIES, except that the Town of Westlake will pay all costs associated with determination of Right of Way values for the section of the project that falls within Denton County so that there will be no cost to Denton County 5. Negotiations The negotiation and settlement with the property owner will be the responsibility of' die COUNTIES without participation by die CITIES; The COUN'T'IES will provide die labor and supervisory personnel employed directly by the COUNTIES or hire qualified right- of-way acquisition contractors, at the COUNTIES sole discretion, necessary for the work. The COUNTIES will deliver properly executed deeds, which together with any curative instruments that are found to be necessary as a result of the tide companies requirements that will properly vest tide to die STATE OF TEXAS, for each right-of-way parcel involved. The cost for purchasing die right-of-way is die sole expense of the COUNTIES, except for right-of-way parcels tided in the nahne of the CITIES. The CITIES agree to dedicate such parcels at no costs to the COUNTIES, except that die Town of Westlake will pay all costs associated with negotiations and settlement with the property owners located along die project within Denton County so that there will be no cost to Denton County. 6. Condemnation: Condemnation proceedings will be initiated at a time selected by die COUNTIES after the COUNTIES submit documentation to die respective District Attorney's Office or its designee, of its failure to negotiate. By law, as taken from Sections 224.001-224.007, and 25 1. 101 of the Texas Transportation Code, the CI'T'IES authorize the COUNTIES to condemn property within the limits of the CITIES. Condemnations will be the COUNTIES responsibility at its own expense; however, the CITIES will be available, as needed, to attend condemnation hearings, pre -hearings, and trials as needed by the COUNTIES. The COUN'T'IES will serve notice to the parties of the condemnation hearings, except that the Town of Westlake will when necessary initiate proceedings and pay all costs associated with condemnation of properties located in the project within Denton County so that there will be no cost to Denton County. 7. Improvements. Property owners will be afforded an opportunity in the negotiations to retain any or- all rall of their improvements in the right-of-way taking. In anticipation of the owner desiring to retain improvements, the COUNTIES approved value will include the amounts by which the offer will be reduced for the retention. hi the event the improvements, which are, in whole or part, a part of the right-of- way taking are not retained by the owner, title is to be secured in the name of the State of Texas. The COUNTIES shall dispose of all improvements acquired. 8. Relocation of*Utilities- If the required right-of-way encroaches upon an existing utility located on its own right-of-way or on a private right-of-way or easement, and the roadway construction requires the adjustment, removal or relocation of the utility facility, the CITIES will be responsible for such relocation at no cost to the COUNTIES. The CITIES agree to coordinate all utility relocations, privately or publicly owned displaced by the project. The CITIES will comply with all Local, State, and Federal Laws that apply to Utility relocations. a Fencing Requirements. The COUNTIES may either pay the property owner for existing right-of-way fences based on die value such fences contribute to the part taken and damages for an unfenced condition resulting from the right-of-way taking, in which case the estimated value of such right-of-way fences and such damages will be included in the appraised value, or the COUNTIES may do the fencing on the property owner's remaining property except that the Town of Westlake will when necessary pay all costs associated with fencing requirements for properties located in the project within Denton County so that there will be no cost to Denton County. 10. Relocation: Property owners who are permanently physically displaced from the property owner's dwelling or place of business are entitled to Relocation under the Uniforrn Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A., 4601-4655, and amendments thereto. The COUNTIES will notify the State of Texas of parcels where a person is displaced from a dwelling or place of business. Relocation Assistancc will be the responsibility of die State of Texas according to Minute Order 108746, passed on December 13, 2001. 11. General`. It is understood that the terms of this Agreement shall apply to new right-of-way required [or die project which is needed and not yet dedicated, in use, or previously acquired in the name of the CITIES, COUNTIES, or State of Texas for highway, street, or road purposes. 12. Nothing in the perlormance of* this Agreement shall impose any liability for claims against CITIES, other than claims Lor which liability may be imposed by the "Texas Tort Claims Act. The parties to this Agreement do not intend for any third party to obtain a right by virtue of the Agreement. CITIES agree that COUNTIES are relying upon CITIES for notice to proceed hwidh this project, but COUNTIES shall not be required to perform Ibis Agreement within any time limit. By entering into this Agreement, the parties do not intend to create any obligations, expressed or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. This Agreement in no way obligates die COUNTIES to construct, maintain or operate die above-described project. COUNTY OF TARRANT OUN"1'Y JUDGE j' X •C3TY OF SOUTHLAKE / / ,,,`,11111 t l IIII,,,I 450U 1A". ,' ��••....... .�•.��-�'= TOWN OF WESTLAKE • rn t U' AUTHORI%ED CITY OFFICIAL � r� AUTHO ZI"LL'D TOWIfOFFICIAL Attest cq APP OV OF CITY A"1'I ORNEY: C KELLER AUTHOIVIZED CITY OFFICIAL COUNTY APPIZQ G,f 1 OY CITVAYI'OI1NEY: Approval FonytfVr TARRANT P001,M District Attomey Auoruey By law, the District Attorney's 011ice 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 attorney. Approval Form for DENTON COUNTY District Attorney &� 0 1 — Assistant District Attorney By law, the District Attorney's 011ice may only advise or approve contracts or legal documents on behalf of its clients. It n y not advise or approve a conuacl or legal docttnlcnl on lehall o Cher parties. Our review of this document Nets conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other patties should not rely on this approval, and should seek review and approval by their own attorney. DENTON COUNTY COMMISSIONERS COURT t ebr&.1A ru .4 2002 Month Day Year Court Order Number: THE ORDER: va-o11 0 /4,14 Discussion and Approval of: a) the Project for road improvements to FM 1938, and b) the Interlocal Cooperation Agreement Between Denton County, Texas; Tarrant County, Texas; The City of Southlake, Texas; The City of Keller, Texas; and The Town of Westlake, Texas. Motion by Counh, Judee Yes Scott Armey Abstain No Absent Commissioner Pct No 1 Yes Cynthia White Abstain No Absent Commissioner Pct No 3 Yes Bobbie J. Mitchell Abstain No Absent Motion Carried Other Action: Pulled from Consent BY ORDER OFTHE COMMISSIONERS ng Officer APPROVED AS TO FORA Assistant District Attorney Seconded bpt Crcl.�Q� Commissioner Pct No 2 Yes Sandy Jacobs Abstain No Absent Commissioner Pct No 4 Yes Jim Carter Abstain No Absent Postponed ATTEST: nthia Mitchell, County Clerk I Ex -Officio Clerk of the mmissioners Court of nton County, Texas B Deputy ounty Clerk APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT The COUNTY OF DENTON, acting by and through its County Commissioners Court, having been advised of a project requiring the construction in connection with the FM 1938 Project from FM 1709 to SH 114 ("Project") under an Interlocal Contract, herein gives its specific written approval of the project prior to beginning the project in satisfaction of the requirements of V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act, Section 791.014. The description of the type of project to be undertaken and its location are as follows: the construction of the extension of FM 1938 from FM 1709 to SH 114 and the acquisition of the associated right-of-way connection with the Project, located in the Tarrant and Denton Counties. The local government which requested the project and with which the County of Denton has contracted is The Town of Westlake, The City of Southlake, The City of Keller and Tarrant County. By vote on this date, the Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer on behalf of Denton County, Texas. By: Zo��o LIIII - - X, Tv--� Presiding Officer of the Denton County Commissioners Court Project Approval Page 1 TOWN OF WESTLAKE RESOLUTION NO. 02-07 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS APPROVING A REVISED INTERLOCAL AGREEMENT AMONG TARRANT COUNTY, DENTON COUNTY, CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF WESTLAKE CONCERNING ACQUISITION OF RIGHT-OF-WAY FOR THE FM 1938 PROJECT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby approve a revised Interlocal agreement among Tarrant County, Denton County, City of Keller, City of Southlake and Town of Westlake concerning acquisition of right-of-way for the FM 1938 project. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THE 25`h DAY OF FEBRUARY 2002. Scott Bra ley, Mayor ATTEST: Ginger brosswy, Town S6retary Trent Petty, TowTMari er APPROVED AS TO FORM: THESTATE OFTEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT Phis Agreement is made and entered into dus,�day of 2002, by and between the COUNTY OF TARRANT, acting herein by and through its governing body, die 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, die 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 die "CITIES", witnesseth: WHEREAS, each governing body finds that die perforniance of this Agreement is in the common interest of all parries, that the undertaking will benefit the public, and that the division of cost fairly compensates die performing party for the services of functions under this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for die performance of governmental functions hereunder, sliall make the performance or those payments from current revenues legally available to that party; and WHEREAS, it is deemed necessary to snake certain improvements to FM 1938 from FM 1709 to SH 114 and which improvements will necessitate the acquisition of certain right-of-way; and WHEREAS, this project is funded with current funds from the COUNTIES, CITIES, State of Texas, and Federal funds; and WHEREAS, it is agreed that such right-of-way purchase shall be by joint effort of die CITIES AND COUNTIES as defined in this Agreement: NOW THEREFORE, be it agreed that acquisition of such right-of-way shall be in accordance with die terms of this agreement and in accordance with applicable Federal and State laws governing die acquisition policies for acquiring real property. The CITIES hereby authorize and request die COUNTIES to proceed with acquisition according to die terms and conditions of this agreement. The CITIES and COUNTIE'S agree to share die cost of such right-of-way acquisition according to die provisions outlined herein and agreed to by die parties hereto. NOW THEREFORE, be it agreed that each city will perforin its duties as defined below within its respective municipal boundary and each county will perform its duties as defined within its respective county. 1. 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 die COUNTIES die data and 'instruments necessary to obtain acceptable tide to the desired right-of-way. Engineering and survey work shall meet minimum State design standards. 2. Determination of ftht-or Way Values The COUNTIES agree to make a determination of property values for each right-of-way parcel, which shall be based on the appraised value of a licensed appraiser and review appraiser. Such work will be performed by the COUNTIL'S at its expense without cost participation by die CITIES, except that die Town ol' Wesdake will pay all costs associated with determination of Right of Way values for the section of die project that falls within Denton County so that there will be no cost to Denton County. Such appraisal reports shall be submitted to die COUNTIES when completed. 3. Purchase ofAdditional Right -of -Way by die Respective CITIES.• The CITIES agree that, if any CITY desires to purchase more right-of-way than that which is required for die improvements to FM 1938, that CITY shall be responsible for all increased costs for purchasing said additional right-of-way. Before die COUNTY performs any work with respect to purchasing additional right-of-way [or the CITY, the COUNTY shall provide die CITY with an estimate of the costs of such work and receive the CITY's written approval to proceed with such work. 4. Tide Investigation: The COUNTIES agree to hire tide company's acceptable to die COUNTIES, to investigate property tides. The COUNTIES agree to purchase a title policy for each parcel acquired, when deemed necessary. The cost of tide investigation, closing costs, recording of instruments, and die tide policy is the responsibility of die COUNTIES, except that the Town of Westlake will pay all costs associated with determination of Right of Way values for the section of the project that falls within Denton County so that there will be no cost to Denton County 5. Negotiations The negotiation and settlement with the property owner will be die responsibility of the COUNTIES without participation by die CITIES; The COUN'T'IES will provide die labor and supervisory personnel employed directly by die COUNTIES or }hire qualified right- of-way acquisition contractors, at the COUNTI&sole discretion, necessary for die work. The COUNTIES will deliver properly executed deeds, which together with any curative instruments that are found to be necessary as a result of the tide companies/requirements that will properly vest title to the STATE Or TEXAS, for each right-of*way parcel involved. The cost for purchasing die right-of-way is die sole expense of die COUNTIES, except for right-of-way parcels titled in the name of the CITIES. The CITIES agree to dedicate such parcels at no costs to the COUNTIES, except that die Town of' Wesdake will pay all costs associated with negotiations and settlement with die property owners located along die project within Denton County so that there will be no cost to Denton County. 6. Condemnation: Condemnation proceedings will be initiated at a time selected by the COUNTIL'S alter the COUNTIES submit documentation to die respective District Attorney's Office or its designee, of its failure to negotiate. By law, as taken from Sections 224.001-224.007, and 25 1. 101 of the Texas Transportation Code, the CITIES authorize the COUNTIES to condemn property within the limits of the CITIES. Condemnations will be the COUNTIES responsibility at its own expense; however, the CITIES will be available, as needed, to attend condemnation hearings, pre -hearings, and trials as needed by the COUNTIES. The COUNTIES will serve notice to the parties of the condemnation hearings, except that the Town of Westlake will when necessary initiate proceedings and pay all costs associated with condemnation of properties located in die project within Denton County so that there will be no cost to Denton County. 7. Improveinents Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right-of-way taking. In anticipation of die owner desiring to retain improvements, the COUNTIES approved value will include the amounts by which the offer will be reduced for die retention. In the event the improvements, which are, in whole or part, a part of die right -of= way taking are not retained by the owner, tide is to be secured in the naine of die State of Texas. The COUNTIES shall dispose of all improvements acquired. 8. Relocation of Utilities If die required right-of-way encroaches upon an existing utility located on its own right-of-way or on a private right-of-way or easement, and die roadway construction requires die adjustment, removal or relocation of the utility facility, die CITIES will be responsible for such relocation at no cost to die COUNTIES. The CITIES agree to coordinate all utility relocations, privately or publicly owned displaced by die project. The CITIES will comply with all Local, State, and Federal Laws that apply to Utility relocations. 4 I'encingRequireinents The COUNTIES may either pay the property owner for existing right-of-way fences based on die value such fences contribute to the part taken and damages for an unfenced condition resulting from die right-of-way taking, in which case the estimated value of such right-of-way fences and such damages will be included in die appraised value, or die COUNTIES may do the fencing on the property owner's remaining property except that the Town of Westlake will when necessary pay all costs associated with fencing requirements for properties located in die project within Denton County so that there will be no cost to Denton County. 10. Relocation: Property owners who are permanently physically displaced from the property owner's dwelling or place of business are entided to Relocation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A., 4601-4655, and amendments thereto. The COUNTIES will notify die State of "Texas of parcels where a person is displaced from a dwelling or place of business. Relocation Assistance will be die responsibility of die State of Texas according to Minute Order 108746, passed on December 13, 2001. 11. Geneiaf It is understood that die terms of this Agreement shall apply to new right-of-way required for die project which is needed and not yet dedicated, in use, or previously acquired in the name of the CITIES, COUNTIES, or State of Texas for highway, street, or road purposes. 12. Nothing in the performance of this Agreement shall impose any liability for claims against CITIES, other than claims for which liability may be imposed by the Texas Tort Claims Act. The parties to this Agreement do not intend for any third party to obtain a right by virtue of die Agreement. CITIES agree that COUNTIES are relying upon CITIES for notice to proceed with this project, but COUNTIES shall not be required to perform this Agreement within any time limit. By entering into this Agreement, die parties do not intend to create any obligations, expressed or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. This Agreement in no way obligates die COUNTIES to construct, maintain or operate the above-described project. CO OF TARRANT lz<'4 (fobNT—Y JUDGE -CITY OF SOUTHLAKE AUTHORIZED CITY OFFFICIAL Attest• ,� APP OV OF CITY ATTORNEY; C KELLER AUTHO IZED CITY OFFICIAL_ Ile �•o�•gOU Ty� 00 •M • •m Approval Foryr(yk TARRAN 999? Y District Attorney Attoniey COUNTY C TOWN OF WESTLAKE AUTHO IZED TOW OFFICIAL ' By law, the District Attorney's 011ice 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 omi attorney. Approval Form for DENTON COUNTY District Attorney Assistant District Attornev 'By law, the District Attorney's 011ice may only advise or approve contracts or legal documents on behalf ol, its clients. It n y not advise or approve a contract or legtl document ou behalf o' they 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. Odrer parties should not rely on this approval, and should seek review and approval by their 0t,11 attomev. Lih� o�IqUER STATE OF TEXAS COUNTY OF TARRANT CERTIFICATION I hereby certify, in the performance of the functions of my office, that the attached instrument is a full, true and a correct copy of Resolution No. 1797 as the same appears of record in my office and that said document is an official record from the public office of the City Secretary of the City of Keller, Tarrant County, State of Texas, and is kept in said office. I further certify that I am the City Secretary of the City of Keller, that I have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 6th day of March 2002. -•E OWN 10 Wol 10,11 158 SOUTH MAIN STREET • P.O. BOX 770 • KELLER, TEXAS 76244 - (817) 431-1517 • FAX (817) 431-5867 Web: http://www.cityofkeller.com • E-mail: cityhall@cityofkeller.com 1 OA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS, REPEALING RESOLUTION NO. 1775, DATED FEBRUARY 5, 2002, AND APPROVING A NEW INTERLOCAL AGREEMENT BETWEEN THE COUNTIES OF TARRANT AND DENTON, THE CITIES OF KELLER AND SOUTHLAKE, AND THE TOWN OF WESTLAKE PERTAINING TO THE ACQUISITION OF RIGHT-OF-WAY FOR FM 1938 FROM FM 1709 TO SH 114; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF KELLER, TEXAS. WHEREAS, the governing bodies of the counties of Tarrant and Denton, the cities of Keller and Southlake, and the Town of Westlake have herein before determined it to be in the best interest of their citizens to improve Randol Mill Road (FM 1938) from FM 1709 to SH 114; and WHEREAS, it has further been determined that certain right-of-way must be acquired and that said acquisition thereof shall be a joint effort between the aforementioned counties and the cities. WHEREAS, subsequent to the action taken by the City Council on February 5, 2002, approving Resolution No. 1775, it has been determined that certain language pertaining to the responsibilities for Denton County be amended and incorporated in a new (revised) interlocal agreement attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: Section l: THAT, the above findings are hereby found to be true and correct and are hereby incorporated herein in their entirety. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2: THAT, the City Council of the City of Keller, Texas, hereby repeals Resolution No. 1775, dated February 5, 2002 and approves a new interlocal agreement between the counties of Tarrant and Denton, the cities of Keller and Southlake, and the Town of Westlake, attached hereto as Exhibit "A", pertaining to the acquisition of right-of- way for FM 1938 from FM 1709 to SH 114; and further authorizes the City Manager to execute said agreement on behalf of the City of Keller, Texas. AND IT IS SO RESOLVED. Passed by a vote of 5 to 0 on this the 5th day of March, 2002. M ATTEST: CITY OF KELLER, TEXAS David C. Phillips, Mayor I -. -Secr'etary Approved as to Form and Legality: ri1a Lq4 ry, qty Attorney oil