2003-048 ResolutionRESOLUTION NO. 03-048 OFFICIAL RECORD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, APPROVING A LOCAL PROJECT
CSJ: 0902-48-544) ADVANCE FUNDING AGREEMENT
LPAFA) FOR VOLUNTARY TRANSPORTATION
IMPROVEMENT PROJECTS (OFF -SYSTEM), RELATING
TO THE REVIEW OF PRELIMINARY ENGINEERING FOR
THE EXTENSION OF FM 1938 FROM FM 1709 TO SH 114;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID DOCUMENTS ON BEHALF OF THE CITY OF
SOUTHLAKE.
WHEREAS, on March 12, 2001, the City of Southlake approved a joint engineering service
contract between the Town of Westlake, Texas; the City of Keller, Texas; and the City of Southlake,
Texas, and Graham Associates Inc., for the engineering and design of the extension ofFM 1938 from
M 1709 to SH 114; and
WHEREAS, on January 7, 2002, by Resolution 02-004, the City Council of the City of
Southlake, Texas accepted the terms of a Texas Transportation Commission Minute Order No.
108746, which the City agreed in conjunction with the City of Keller and the Town of Westlake to
fund engineering costs associated with FM 1938; and
WHEREAS, in accordance with the requirements of the Texas Department of
Transportation the participating Cities of Southlake, Texas and Keller, Texas, and the Town of
Westlake, Texas, must execute the LPAFA for voluntary transportation (off -
system) improvement projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
THAT, the above findings are hereby found to be true and correct and are incorporated herein
in entirety
SECTION 2.
THAT, the City Council of the City of Southlake, Texas hereby approve the Local Project
Page 1
Advance Funding Agreement for Voluntary Transportation Improvement Projects (off -system)
attached hereto as Exhibit "A", relating to the extension of FM 1938 from FM 1709 (CSJ: 0902-48-
544); and authorizes the City Manager to execute said documents on behalf of the City of Southlake,
Texas.
ATTEST:
A
Lori Farwell
City Secretary
PASSED AND APPROVED THIS 29th DAY OF JULY, 2003.
011n5on 0i
CITY OF SOUTHLAKE
By: A -
Andy Wambsganss, Mayor
Page 2
0 1. 23. 2003 10 46AM G,aham Ac.sociates, Inc. N0. 5i559 P
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
M
CSJ: 0942-4&-544
Project: Review of Preliminary Engineering
to study a facility for upgrade to a farr W
market facility
County- TKrant
LOCAL PROJECT ADVANCE FUNDING AGREEMENT- (LPAFk FOP, VOLUNTARY -
TRANSPORTATION IMPROVEMENT PROJECTS (OFF -SYSTEM)
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas
Department of Transportation; hereinafter calved -the State, and the -Town of Westlake -and the G- 6e
of Southlake and Keller, acting by and through their City Councils, hereinafter- called the Local
Governments.
WITNESSETH
WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 authorizes the
State to lay out, construct, maintain; and operatea system -of streets, roads, and highways -that,
comprise the State Highway System; and,
WHEREAS, Commission Minute Order Number 108177 authorizes the State to undertake and
complete a highway improvement generally described as the, review of the preliminary-engineerin4 to.
study a facility for upgrade to a farm to market facility from SH 114 to FM 1709, a distance of
approximateiv 3.6 miles; and,
WHEREAS, the Local Governments have requested -that the State allow the Local Governrnerrts to,
participate in said improvement by funding that portion of the improvement described as the review of
the preliminary enqineerinq to study facility foruparade toarrrrta msrkerfacility from SR 1-14 to-FM
1709, hereinafter called the "Project"; and,
WHEREAS, Transportation Code, §201.209 allows the State to enter into an interiocai agreement
with the Local Governments-, afwl,,
WHEREAS, the State has determined that such- participation.is-in tha gest Interest of the citizens -of
the State;
NOW, THEREFORE, in consideration of the premises. and of the mutual covenants and agreemen1ts
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the
State -and the Local Governments do agree as follows:
AGREFMEIaT -
Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without
exc"ion.
Articlie-2, Project Funding andWork Responsibi4ties_ The Statew4l. authorize. the performance,
of only those Project items of work which the Local Governments have requested and have agreed to
pay for as described in Attachment A, Payment Provision and Work- Responsibilities which -i
attached to and made a part of this contract.
In addition to identifying those items of work paid for by payments to the State, Attachment A,
Payment Provision -and Work Responsibilities, also specifies those Prot items of work that we -t Ie
AFA—LPAFAVoProj Page -1 of 4 Cioatad3114102--
OC I. 23, 2003 10,47W Graham I n r NO. 5 7 P,
CSJ, 09OZ 481-544
Project-, Review of Preliminary Engineering
to study a facility for upgrade to a farm.to_
market facility
County: Tant
responsibility of the Local Governments and will be carried oL completed by the Local
Governments, at no cost to the State.
Texas Government Code, Chapter 2106 requires, the State tca recover indirect costs- associated- with
this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery
Program.
Article 3. Right of Access, Not AplaftWeL.,
Article 4. Responsibilities of the Parties. Responsibilities of the Parties will be under the
conditions as provided for in the MAFA, without exception.
Article 5. Document and Information Exchange. The Local Governments agree to electronically
deliver to the State all general notes, specifications, contract provision requirements and related -
documentation in a Microsofta Word or similar document. If requested by the State, the Local
Governments will use the States document template, The Local- Governments- shall also provide—a.,
detnflpri construction time estimate -including types of activities and month in the format required by
the State. This requirement applies whether the local entities create the documents with their own
forces or by hiring -a-consuftar*or professional -provider.
Article- 6. interest. Interest will be under the conditions as provided. for in the MAFA,. withut
exception.
Article -7. Inspection and Conduct of Wo&. Unless -otherwise specifically stated. in AtLichmentA,_
Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all
work performed hereunder and provide -such engineering inspection, and testing services as-mal'bayrequiredtoensurethatthe -Project is accomplished in accordance with the approved plans and
specifications. All correspondence and instructions to the contractor performing the work will be the
sole- responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract,
l
all work will be performed in accordance with the Standard Specifications for Construction and
Maintenance of Highways, Streets, and Bridges -adopted by the State and incorporated hereiri-by,
reference, or special specifications approved by the State.
Article 8. Increased Costs. Increased cost will be under the conditions as provided for in the
MAFA, without exception.
Article9. Maintenance. Not Applicable.
ArticW10. Termination. Terrnination of this- LPAFA shat[ be under the conditions as -stated in the
MAFA, without exception.
Article 11 Notices. Notices.of this_-LPAFAsW be under the conditions as stated in the MAF A,
without exception. Local Governments:
Trent Petty- Lyle H. Dresher Billy -Campbell
Town Manager City Manager City Manager
Town of Westlake City of Keller City of Southlaka-
3 Village Circle, Suite 207, Solana P.0 Box 770 1400 Main Street
Westlake, Texas 76262 Keller, Texas 7244 Southlake, Texas 76092-
Article- 12. Sole Agreement- -S&P—Agreement of this LPAFA shall be- under the conditions. -as -stated,
in the MAFA, without exception.
I
AFA —LPAFA VOINO) -Page-2 of 4 CrZated 3(1,4/02
OC I . 2 3, 2003 10 - 4 7 W Graham Associales, 1 n c NQ 5134
CSJ: 0902-48-544
Project, Review of Preliminary Engineering
to study a facility for upgrade to a farm- to
market facility
County.- Taunt
Article 13. Successors and Assigns, The State and the Local Governments each binds
themselves, their successors, executors, assigns, and admi-nistratom to the --other parties to this,
agreement and to the successors, executors, assigns, and administrators of such other parties in
respect to all covenants of this agreement.
Article U. Amendments, Amendments to this LPAFA shall be made as described in the MAFA,,
without exception.
Article 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates-alLrelevant
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution
of this LPAFA, unless such VjAFA provision is specifically excepted -herd, Any conffictbehveefrlh
terms of the MAFA_ and this LPAFA shall be governed and controlled by this LPAFA.
Article 15. Signatory Warranty. The signatories to this agreement warrant that each has the
authority to enter intu this ;.9i vee i itnit-on behalf -of the -party they-repFesept,
IN WITNESS WHEREOF, THEE- STATE AND THE LOCAL GOVERNMENTS have executed-dupkate
counterparts to effectuate this agreement.
THE STATE OF TEXAS
Executed -for the Executive DiFector and approved for the, Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized -by the Texas Transportatirm-CDmrnission,
B_Y_
Date
District Engineer
THE LOCAL GOVERNMENTS
Name of the Local Government: Town of WesUAe
B
Date c7a
Typed or Printed Name and Title
owr, Mar 9_e
AFA-- LPAFA Volft) Page 3 of 4 GreatecL 3114t12
OCT, 2 2J03 10 47AM Graham Associafes, lnc. N0. 5159 F; 5
CSJ: 0902-48-544
Project: Review of Preliminary Engineering
to- study a facility for upgrade to a farm to, -
market facility
Covrrtp- Tarrant
Name of Local Government:
tom—
Date
1-7 1 1 a3,
Typed or Printed Name and Title
City of Keller
Name of the Local Gover ent: City of Southlake
r
0SY — -
Date -v3
Typed or Printed Name and Title L- CA ^?6a
GS" lmkvprGES
AF G. -LPAFA VolProj Page 4 of 4 Created 3114/02
4
OCT. 23, 2063 10 470N
1. Pavment Provisions
G,aham Associates, Inc. N0. -)7.559 P,, 6
CSJ: 0902-48-5-44
Project: Review of Preliminary Engineering
to study -a facility for upgrade -to a farm tcZ
market facility
County: Tarrant
Attachment A
Payment Provisions arrc_
Work Responsibilities
The Local Governments will provide 100% of the funding for the State to review the
preliminary engineering to study a facility for upgrade- to a -farm to market facility, located-f-rom\
SH 114 to FM -1700, a distance of 3.6 miles
The amount of funds required is $10,000.
Once this agreement is executed, the- Local Governments. will forward a check or wa.rrarnt
made payable to the Texas Department of Transportation in the amount of $10,000.
In the Event it is determined that the funding provided by the Local -Governments- ic
insufficient to cover the State's costs for the review of the preliminary engineering, the
Local Governments w% within -30 days from the receipt of the-State's-Wriden- notification
provide the additional funding to cover the State's anticipated additional costs,
Upon completion of the Project, the State will perform an audit of the costs and any
funds due to the Local Governments will be promptly returned,
2, Work Responsibilities
The State -will review and comment on tie preliminary -engineering_
Page 1 of 1 Created 4/13/02
City of Southlake, Texas ATTACHMENT B=_
RESOLUTION NO. 02-004
RESOLUTION ACCEPTING TEXAS
TRANSPORTATION COMMISSION MINUTE
ORDER NO. 109746 REGARDING FM 1958
EXTENSION BETWEEN SH 114 AND FM 1709,
WHEREAS, State Highway 114 and Farm to Market Road 1709 represent
primary cast -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 19' )8 as a four lane.divided roadway from
SHI 14 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
SOUTHLAEE
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 F_N4 1938 between SH 114 and FM 1709.
City of SouthIake, 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 ;v
day of aalltLj 2002
by the City of Southlake. U
APPROVED:
Rick Stacy, Mayor
ATTEST:
Qf SOU rrj''•.,, ilii•• ( _ ill
U • -
CC`
mz
Kim)B sh, Acting City Secretary ••''•••••''• `
Dec 13 01 02:25p Graham Rssociases, Inc. 817-833-5240
TEXAS TRA. SPORTATTON COMA CSSTON
05h1T0N & TARRANT Counties MINrLIT6 OR]3F.R
Districts DALLAS B rAP.T'WORTH
D.2
In DENTON!" & TARRAN'T COUh-1-I T.1, a project. is being proposer; :o extend FARA-1 -0
biAR.KETROAD 1938, an uraan road, from State I-iighway 124 in Westlake to Fa. -r-,
Road 1709 in Soaehlalm a distance of approximately 3.6 tails.
The proposed roadwzy consists of a four -lane civided highwey, with a wide tT ndian to allo>
future expansion to six Janes. This route is put of the N-zrth Cer.•aal Tcx=s Ccvncil of Gcvernn:crts
Q CTCOC) Regional Plan as an arterial route, and tins included ir. two of its previous r-giona? plans.
Cot slrueting this project. wili ailet:a:c congestion and impro-c Lzfiic flow iai tht DaliulFon
Worth metropolitan area.
LT' IS T-q=—OR —= OP.D -T. D that the txectitive director is directed to tcndcr the fattou•w__
proposal to the NCTCOG, Denton and Tatxan,t counties:
Provided NCTCOG wM:
L Place theproject into Priority 2. Ca;aoory 41 —' STP Aiezroaoii= Mohiaty. In Priority 2,
a substantial portion -of the projectconstruction plans (Ctorne-tric, strL-cwral, hydtaalic
and pavement dcsiga approved) should be comoletrd and a substantial araaunt of the
mpircd right of way shoa:d be purrhasod. I: is expo that the Tc+u- of Wesda'ac an,
the cities of Sola lake andKellerwill fund the znineerirg costs.
Frosidcd'borh Deaton and Tarrant counties will:
i. AgrCe to prati7dc I0J pc cent of enc nigh! of vay aa3 clip bla ut pity ayjsstmarts.
The Texas Depazmenr of Transportation wilL•
1. Plax the madwzy on the srat^, highway system upoo compledoa of Prioricf 2 activit;cs.
2. After tzc roadway is added to the state system, cersues all funding options for the
project
iT IS FLiRTirR ORDERED that upon ar=ep•.arice of the provisions o= :his order by tha
NCTCOG, Denton and Tat=t counties, the c»ccuts4T- di_-cctor is hereby autho-ized to cn = into any
ne_mary agteertw m and to proceed in the inest fcasTble and econotaical trnanner tvi:.i npprvve-d
project deTciop:nent actirtTGs. ,
d d86:21 10 CT 000
Dec 13 01 02:26F Graham Rssaclates, inc. 817-633-5240
TEXAS TRANSPOR 1A TION COMIrUSSION
DEN ON &7,ARRANT Counties kprv."F. oRDER Pzl_zc 2 of 2
Disuicts DALLAS & FORT WORTH
This order shall occormt opc.uive upon oc--epwnce tby.NCTCOG, Denton and ?a In:
counties. End, if no: accepted Y:,h:r 90 days of Llit date hereof, the aCtio::S ccr.taintd in this order
shall not bo implemented.
S-gbmitmd znd rcvi:wcd by-
AT=O(. TIMSPOnzt= Planning
and Projrzmrnlng DNision
B -J
R=v-==dtd b,:
Exc--uLiv=Di7=o-
Mthuir Date
Number pus:::
clso:al To El oa