Item 4GCITY OF
SOUTH LAKE
MEMORANDUM
(March 3, 2009)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve a third amendment to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds
being provided in conjunction with the FM 1938 project
Action
Requested: Approve a third amendment to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds
being provided in conjunction with the FM 1938 project
Background
Information: In March of 2002, the Town of Westlake, the City of
Southlake, the City of Keller and Tarrant and Denton
Counties entered into an inter -local agreement establishing
the project partnership for the F.M. 1938 roadway
improvement project. Tarrant County and Denton County are
assisting with the project ROW acquisition through an Inter -
local Agreement with all three cities.
The design project has had some difficulties over the last
seven years that have caused delays. The project was
divided into two phases with the northern section being
almost entirely in Westlake. The Environmental Assessment
(EA) has been reviewed and approved by TXDOT for
submittal to the Federal Highway Administration. The
Phase I portion of the referenced project is currently
scheduled to be awarded by TXDOT in August of 2009.
In 2008, Tarrant County, Precinct 3 Commissioner Gary
Fickes requested and garnered the support of the Tarrant
County Commissioner's Court to provide funding in an
amount not to exceed $1,000,000 to be utilized for additional
engineering on this project.
On February 5, 2008, the Southlake City Council approved
Amendment No. 2 to an agreement with the Town of
Westlake, the City of Keller and Tarrant and Denton
Counties dated March 5, 2002 which established the project
partnership for the F.M. 1938 roadway improvement project.
Amendment No. 2 included additional engineering and
subsurface utility engineering services for the F.M. 1938
roadway project.
Amendment No. 3 was requested by Tarrant County for
administrative purposes. Amendment No. 3 further identifies
the schedule for the allocation of Tarrant County bond funds
as identified in the Second Amendment to the above
mentioned agreement.
Financial
Considerations: Amendment No. 3 addresses the timing of the expenditure of
Tarrant County Bond Funds provided by Amendment No. 2
to the inter -local agreement dated March 5, 2002. No
additional Tarrant County or City of Southlake funding is
required or being authorized as part of this amendment.
Strategic Link: The construction of FM 1938 project links to the city's
strategy map relative to the focus areas of Mobility and
Infrastructure. The specific corporate objectives that are met
by the construction of this new transportation infrastructure
include: Providing travel convenience within the City and
region, as well as, collaborating with select partners to
implement service solutions.
Citizen Input/
Board Review: None
Legal Review: None
Alternatives: The City Council may edit or reject this amendment.
Supporting
Documents: Tarrant County Request Letter
Amendment No. 3
Staff
Recommendation: Approve a third amendment to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds
being provided in conjunction with the FM 1938 project.
Staff Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Project Engineer
1114 >
'JLr -X tAN"I' COUNTY
TRANSPORTATION DEPARTMENT
November 5, 2008
Mayor Andy Wambsganss
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Dear Mayor Wambsganss:
Please find enclosed a Third Amendment related to the F M. 1938 project agreement
executed on March 5, 2002. This amendment identifies the schedule for the allocation
of Tarrant County bond funds as identified in the Second Amendment to the agreement.
Please sign all three copies of the Third Amendment and forward them to the address
listed below
Randy Skinner
Tarrant County
Transportation Services
100 E. Weatherford, Room 401
Fort Worth, Texas 76196
Once the amendment has been fully executed, a copy will be returned to you if you
have any questions, please contact me at 817 -884 -1653 Thank you for your attention
to this matter.
Sincerely,
4("-, (� �
Randy Skinner
Planning Manager
100 E WEATHERFORD, FORT WORTH, TEXAS 76196 -0601 PHONE 817- 8841250
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THIRD AMENDMENT TO INTERLOCAL AGREEMENT
This Third Amendment to Interlocal Agreement is entered into this day of
, 2008, 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, the parties to the Agreement entered into an amendment of the Agreement in
July of 2005, amending Article 1 of the Agreement as follows:
Location Sta -veys and Preparation of Right -of -'tarry 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,
and
WHEREAS, the parties to the Agreement entered into a Second Amendment to the
Interlocal Agreement to amend Article 1 again to reflect TARRANT COUNTY'S agreement to
contribute $1,000,000.00 toward the Environmental Analysis Study, the Subsurface Engineering
Study, and the fees for Engineering Design.
and
WHEREAS, the parties to the Agreement now desire to amend Article I again to reflect the
disbursement schedule of TARRANT COUNTY funds in the amount of $1,000,000,00 as identified
in the Second Amendment to the Agreement.
Amendment to Interlocal Agreement
Page 1 of 5
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 as amended is hereby amended a third time as follows:
1.
Location Surveys and Prepai °ation 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 WESTLAI{E, Furthermore, TARRANT COUNTY
agrees to contribute up to, but not exceeding, ONE MILLION and NO/100 DOLLARS
($1,000,000.00) of Commissioner discretionary funds as identified in the 2006 Tarrant County
Transportation Bond Program for the Environmental Analysis Study, the Subsurface Engineering
Study, and for Engineering Design Fees. Engineering and survey work shall meet minimum State
design standards, TARRANT COUNTY bond funds identified herein will be disbursed according
the schedule shown in Attachment A which is attached hereto and hereby made a part of this
amendment for all purposes.
This third amendment may be executed in multiple counterparts, attached to the original
Agreement, and shall collectively constitute the Third Amendment to the Agreement.
Amendment to Interlocal Agreement
Page 2 of 5
COUNTY OF TARRANT
COUNTY .JUDGE
CITY OF SOUTHLAKE
AUTHORIZED CITY OFFICIAL
Attest:
APPROVAL OF CITY ATTORNEY
CITY OF KELLER
AUTHORIZED CITY OFFICIAL
Attest:
APPROVAL OF CITY ATTORNEY:
Approval Form for DENTON COUNTY District Attorney
Assistant District Attorney
COUNTY OF DENTON
COUNTY .TUDGE
TOWN OF WESTLAKE
AUTHORIZED TOWN OFFICIAL
Attest:
APPROVAL OF TOWN 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 3of5
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
attorney(s)..
CERTIFICATION OFA (/AILABLE FUNDS IN THE AMOUNT OF
Certification of Funds Available as follows:
Fiscal year ending September 30, 2007
Fiscal year ending September 30, 2008
Fiscal year ending September 30, 2009
$333,000
$333,000
All future ears funding is contingent on future debt issuance
and renewal of this contract
Fiscal year ending September 30, 2010
Fiscal year ending September 30, 2011
Fiscal year ending September 30, 2012
Fiscal year ending September 30, 2013
Fiscal year ending September 30, 2014
Fiscal year ending September 30, 2015
Fiscal year ending September 30, 2016
$334,000
$
$
----------------------------------
$1,000,000
Auditor's Office
Amendment to Interlocal Agreement
Page 4 of 5
ATTACHMENT A
Proiect Information
City: Westlake, Southlake, Keller, Denton County
Project Name: F, M, 1938 extension from S. H. 114 to F, M, 1709
Proposed Proiect Schedule
Start Date Duration (mo) End Date *
Design Jan -2008 28 Apr -2010
ROW Acquisition: - 0 -
Utility Relocation: 0
Construction: - 0 -
* COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable
determination that the work regarding the project phase for which payment is expected is
successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for
all phases of this project, therefore payment remains contingent on debt issuance in
accordance with applicable law.
': Assumes completion of design elements for Phase 1 and Phase 2,
Proposed Countv Pavment by Phase
Design: $1,000,000
ROW Acquisition: $
Utility Relocation: $
Construction: $
County Funding
Total: $1,000,000
Proposed C ounty Payment by Calendar Quarter SUBJECT TO CHANGE
1 st Ouarter 2nd Ouarter 3rd Ouarter 4th Ouarter
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
Amendment to Interlocal Agreement
Page 5 of 5
$
$
$333,000
$
$333,000
$
$
$
$334,000
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Amendment to Interlocal Agreement
Page 5 of 5