2005-041RESOLUTION NO. 05-41 OFFICIAL sREMRL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, AMENDING THE INTERLOCAL
AGREEMENT BETWEEN DENTON COUNTY, TARRANT
COUNTY, CITY OF KELLER, TOWN OF WESTLAKE, AND
THE CITY OF SOUTHLAKE TO REFLECT TARRANT
COUNTY'S AGREEMENT TO CONTRINBUTE FUNDS
TOWARDS ENGINEERING AND SURVEY AND
COMPLETELY DESCRIBED IN EXHIBIT "A".
WHEREAS, on March 5, 2002, the City of Southlake entered into an Interlocal Agreement
hereinafter referred to as the "Agreement") memorializing Denton County, Tarrant County, City of
Keller, Town of Westlake and the City of Southlake obligations and responsibilities regarding a
right-of-way acquisition and improvement project for FM 1938 from FM 1709 to SH 114; and
WHEREAS, among other things, the Agreement set forth how Denton County, Tarrant
County, City of Keller, Town of Westlake and the City of Southlake would share the costs of such
right-of-way acquisition and improvement project; and
WHEREAS, Article 1 of the Agreement stated:
Location, Surveys and Preparation ofRight-of-Way Data: The CITIES, without cost
to the COUNTIES, will do the necessary preliminary engineering and survey work in order to
supply the COUNTIES the data and instruments necessary to obtain acceptable title to the
desired right-of-way. Engineering and survey work shall meet minimum State design
standards.
WHEREAS, the City of Southlake now desire to amend Article 1 of the agreement to reflect
Tarrant County's willingness to contribute $150,000 toward the engineering costs for the FM 1938
project.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, THAT:
SECTION 1.
1. The City of Southlake agrees to amend Article 1 of the Agreement (Exhibit A). All
other provisions of the original Agreement shall remain in force and effect unless
modified by a subsequent written amendment.
2. The amendment shall replace and supersede the original Agreement, and shall
collectively constitute the amendment to the agreement.
SECTION 2.
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AGREEMENT.DOC/C58EA28C-18C0-4A97-9AF2-036E93DDAFB3/05-041 INTEERLOCAL AGREEMENT.DWATTACH=1
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS i I'1 DAY OF A&-PU"I:iW , 2005.
CITY OF SOUTHLAKE
B_ >> Y•
Andy Wambsganss, Mayor
ATTEST: ,.•`'goUTH4,1
4, Q • xx
Lori Farwell
City Secretary
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AGREEMENT.DOC/C58EA28C-18C0-4A97-9AF2-036E93DDAFB3/05-041 INTEERLOCAL AGREEMENT.D0C?ATTACH=1
EXHIBIT "A"
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
AMENDMENT TO INTERLOCAL AGREEMENT
This Amendment to Interlocal Agreement is entered into this _ day of ,
2005, by and between the COUNTY OF TARRANT, acting herein by and through its governing
body, the Tarrant County Commissioners Court, the COUNTY OF DENTON, acting herein by and
through its governing body, the Denton County Commissioners Court, both hereinafter referred to
as COUNTIES, and both being County agencies of the State of Texas, and the CITY OF KELLER,
acting through its governing body, the Keller City Council, the CITY OF SOUTHLAKE, acting
through its governing body, the Southlake City Council, and THE TOWN OF WESTLAKE, acting
through its governing body, the Westlake Board of Aldermen, hereinafter referred to as the "CITY"
or collectively as the "CITIES," witnesseth:
WHEREAS, on March 5, 2002, the COUNTIES and the CITIES entered into an Interlocal
Agreement (hereinafter referred to as the "Agreement") memorializing the parties' obligations and
responsibilities regarding a right-of-way acquisition and improvement project for FM 1938 from
FM 1709 to SH 114; and
WHEREAS, among other things, the Agreement set forth how the CITIES and COUNTIES
would share the costs of such right-of-way acquisition and improvement project; and
WHEREAS, Article 1 of the Agreement stated:
Location, Surveys and Preparation of Right -of -Way Data: The CITIES,
without cost to the COUNTIES, will do the necessary preliminary engineering and
survey work in order to supply the COUNTIES the data and instruments necessary to
obtain acceptable title to the desired right-of-way. Engineering and survey work
shall meet minimum State design standards.
and
WHEREAS, the parties to the Agreement now desire to amend Article 1 to reflect Tarrant
County's agreement to contribute funds toward the engineering costs for the Project.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained in the original Agreement and as contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, the undersigned agree that
Article 1 of the Agreement is hereby amended as follows:
Amendment to Interlocal Agreement
Pagel of 3
1.
Location Surveys and Preparation of Right -of -Way Data: The CITIES will do the necessary
preliminary engineering and survey work in order to supply the COUNTIES the data and
instruments necessary to obtain acceptable title to the desired right-of-way. The CITIES shall do
this without cost to the COUNTIES, except that TARRANT COUNTY agrees to contribute ONE
HUNDRED FIFTY THOUSAND and NO/100 DOLLARS ($150,000.00) toward these costs and
agrees to pay this amount to THE TOWN OF WESTLAKE. Engineering and survey work shall
meet minimum State design standards.
This amendment shall replace and supersede the original Article 1 of the Agreement. All
other provisions of the original Agreement shall remain in force and effect unless modified by a
subsequent written amendment signed by all parties to the original Agreement.
This amendment may be executed in multiple counterparts, attached to the original
Agreement, and shall collectively constitute the Amendment to the Agreement.
COUNTY OF TARRANT
COUNTY JUDGE
CITY OF SOUTHLAKE
AUTHORIZED CITY OFFICIAL
Attest:
APPROVAL OF CITY ATTORNEY
CITY OF KELLER
AUTHORIZED CITY OFFICIAL
Attest:
Amendment to Interlocal Agreement
Page 2 of 3
COUNTY OF DENTON
COUNTY JUDGE
TOWN OF WESTLAKE
AUTHORIZED TOWN OFFICIAL
Attest:
APPROVAL OF TOWN ATTORNEY
APPROVAL OF CITY ATTORNEY:
Approval Form for TARRANT COUNTY District Attorney
Assistant District Attorney
By law, the District Attorney's Office may only advise or approve
contracts or legal documents on behalf of its clients. It may not advise
or approve a contract or legal document on behalf of other parties. Our
review of this document was conducted solely from the legal
perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective
attomey(s).
Approval Form for DENTON COUNTY District Attorney
Assistant District Attorney
By law, the District Attorney's Office may only advise or approve
contracts or legal documents on behalf of its clients. It may not advise
or approve a contract or legal document on behalf of other parties. Our
review of this document was conducted solely from the legal
perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective
attorney(s).
Amendment to Interlocal Agreement
Page 3 of 3