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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
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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
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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".
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.�•.��-�'= 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
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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.
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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