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HomeMy WebLinkAboutRes 02-05 Approving an Agreement with the City of Keller, City of Southlake, Tarrant County and Denton CountyTOWN OF WESTLAKE RESOLUTION NO. 02-05 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTHLAKE, CITY OF KELLER, TARRANT COUNTY AND DENTON COUNTY FOR THE FUTURE IMPROVEMENT OF 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 does hereby approve an Interlocal agreement with the City of Southlake, City of Keller, Tarrant County and Denton County for the future improvement of FM 1938 attached at Exhibit A. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THE 28`x' DAY OF JANUARY 2002. d&&11 Scott Bradfey, Mayor ATTEST: Cringer sswy, Town Secieary Trent Petty, Town nager APPROVED AS TO FORM: THE STATE OF TEXAS § COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT This Agreement is made and entered into tiis,,�day of 0 ,66/7 e 2002, by acid beoxcen tie COUNTY OF TARRANT, acting herein by and through its governing body, die Tarrant County Coininiss loners 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 tae State of Texas, and the CITY OF KELLER, acting through its governing body, the Kcller City Council, die CITY OF SOUTHLAKE, acting through its governing body, the Southlakc City Council, and THE TOWN OF WESTLAKE, acting through its governing body, the Westlake Board of Aldermen, 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 tie common interest of all parties, that the undertaking will benefit die public, and that the division of cost fairly compensates the performing party for the services of functions under this Agreement; auhd WHEREAS, each governing body, in performing governmental functions or in paying for die performance of'governmental functions hereunder, shall make die performance or diose payments from 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 tie 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; aihd WHERE, AS, it is agreed that such right-of-way purchase slhall be by joint effort of tie 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 the terms of this agreement and in accordance with applicable Federal and State laws governing tie acquisition policies for acquiring real property. The CITIES hereby authorize and request the COUNTIES to proceed with acquisition according to the terms and conditions of this agreement The CITIES and COUNTIES agree to share die cost of such right-o1-i'vay acquisition according to die provisions outlined herein and agn-eed 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 perform its duties as defined within its respective county. 1. Location Surveys and Preparation o1"Righ1-o1-Way Dale: The CITIES, without cost to the COUNTIES, will do the necessary preliminary cr►gincering and survey work in order to supply the COUNTIES the data and instruments necessary to obtain acceptable title to the desired right-oCway. Erngineering and survey work shall meet minimum State design standards. 2. Determination ol'RighC-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 appy ised value of a licensed appraiser and review appraiser. Such work will be performed by the COUNTIES at its expense without cost parlicipation by the CITIES, except plat the Totem 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. Such appraisal reports shall be submitted to the COUNTIES when completed. 3. Purchase ofAdc&ional Right-ol=Way by the 1?es1-)ecdve CITIES. The CITIES agree that, darty CITY desires to purchase more right-ofway than that which is required for the improvements to TQM 1938, that CITY shall be responsible for all increased costs for purchasing said additional right-of-way. Before the COUNTY performs any work with respect to purchasing additional right-of-way for [he CITY, die COUNTY slhall provide the CITY with an estimate of the costs of such work and receive dhc CITY's written approval to proceed with such work. 4. Tide Ithvesligation: The COUNTIES agree to hire title company's acceptable to Che COUNTIES, to investigate property titles. The COUNTIES agree to purchase a tide policy for each parcel acquired, when deemed necessary. The cost of title investigation, closing costs, recording of instruments, and the title 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 vvithin Denton County so that there will be no cost to Denton County 5. Ne,otiaUons: The negotiation and settlement with the property owner will be the responsibility of the COUNTIES without participation by the CITIES; The COUNTIES will provide the labor and supervisory personnel employed directly by the COUNTIES or hire qualified right - of' -way acquisition contractors, at the COUNTI&solc 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 title companies Pfrequirements. that will properly vest title to the STATE OF, TEX S, for each right-of-way parcel involved. The cost for purchasing the right -o1 -way is the sole expense of the COUNTIES, except for night -of -way parcels titled in the name of the CITIES. Tile CITIES agree to dedicate such parcels at no costs to the COUNTIES, except that the "Lown of' Westlake will pay all costs associated with negotiations and settlement with the property owners located along the project within Denton County so that there will be no cost to Denton County. 21 Condemnation. Condemnation proceedings will be initiated at a time selected by the COUNTIES after the COUNTIES submit documentation to the respective District Attorney's Office or its designee, of" its failure to negotiate. By law, as taken from Sections 224.041-224.007, and 251.101 of the Texas Transportation Code, the CITIES authorize the COUNTIES to condemn property within die limits of the CITIES. Condemnations will be the COUNTIES responsibility at its own expense; however, die 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 Wesdakc 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. lu7pro;emen& Property owners will be allorded an opportunity in the negotiations to retain any or <Lll of their improvcmenfs 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. In die event die improvements, which are, in whole or part, a part of the right- of-way taking are not retained by die owner, title is to be secured in the naive of tie State ol'Texas. The COUNTIES shall dispose ol' all improvements acquired. 91 Rclocation ol-UtiLties: If the required right -of way encroaches upon all existing utility located on its own right-ofway or on a private right-of-way or easement, and the roadway construction requires the adjusLiiherit, removal or relocation of die 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 die project. The CITIES will comply with all Local, State, and Federal Laws that apply to Utility relocations. 0 1'enc'ira Reguirelnelats The COUNTIES may either pay the property owner for existing right -of way fences based on the value such Fences contribute to the part taken arid damages for an unfenced condition resulting from the right -0f --way taking, in which case the estimated value of such right -of vay 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' Wesdake will when necessary pay all costs associated ividh 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 entitled to Relocation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of' 1970, 42 U.S.C.A., 4601-11655, 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 Assistance will be fie responsibility of die State of Texas according to Minute Order 1087116, passed on December 18, 2001. 11. Generjd. It is understood that the 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 Lice 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 ['or claims against CITIES, odrer 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 Darty to obtain a right by virtue. of the 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 widriar any time limit. By entering into this Agreement, die parties do not intend to create any obligations, expressed or implied, other than diose set out herein; further, this Agreement shall not create wiy rights in any party not a signatory hereto. This Agreement in noway obligates the COUNTIES: to construct, maintain or operate the above-described project. CO NTY OF TARRANT "' OUNTYJUDGE CK�1i1�f1 Y`I CO / / `,,Illlllllllllr/',, j czmY OF soTxt Axe `.Alo�,••.,....••7.f TOWN OF WESTLAKE AUTHORIZED CITY OFFICIAL'ro AUTHO tIZED TOW OFF ICIAL ad*vAttest '•�///l�� { / APPROVALOF CITY A 1 1 ORNEY: P'l0i _Y C KELLER AUTHO IZED CITV OFFICIAL APPR O CIT) Approval Fo TAPMA NT Z4 Asstalit Liss i .L Altor�lcv RNEY: District Auomey ' By law, the DislticL Attorney's Office ntity only advise or approve cot lh acls or legal docunicnrs oil behalf of its clients. It may not advise or approve a conLtact or legal document on bchiilf of otlier patties. Our review of this document mis, conducted solely From the legal perspective of our client. Our approval of ibis doatment was offered solely for the benefit of our client. Other parries should not rely on this approval, and should seek review and approval by dicir 01191 aLLonlcy. Approval Torm for DENT'ON COUNTY District Aftomey Assislant DisLiic6 Attornev 'By law, the Disiricl AtLonicy's Office nmv only advise or approve contracts or legal d0ctmlent:9 on behalf of its clients. It n v riot advise or approve a conuacl os- lel;d docunlenl on behalf o[ Iher p:uties. Ott- TClie%V of This doeument eras couductecf solely frogs Ilu legal perspecdive of our client. Our approval of this document was oflercd solely for the I>enefu of our client. Other parties should not rely oil this approval, anti should seek review and approval by their own attomey.