Item 5BCity of Southlake
Department of Planning
MEMORANDUM
August 31, 2005
TO: Honorable Mayor and City Council
FROM: Ken Baker, AICP, Planning Director
SUBJECT: Resolutions 05 -041, an amendment to the interlocal agreement between Denton County,
Tarrant County, City of Keller, Town of Westlake, and the City of Southlake to amend an
interlocal agreement to reflect Tarrant County's agreement to contribute funds towards
engineering costs associated with FM 1938.
On March 5, 2002, the County of Denton, the County of Tarrant, the City of Keller, the Town of Westlake,
and the City of Southlake entered into an interlocal agreement outlining the responsibilities regarding right -
of -way acquisition and improvement project for FM 1938 from FM 1709 to SH 114. The purpose of this
item is to amend this interlocal agreement to allow Tarrant County to contribute $150,000 towards
preliminary engineering and survey work necessary to obtain acceptable title to desired right -of -way.
KMB /kmb
Attachment - Resolution 05 -041
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL BY THESE PRESENTS
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 proj ect for FM 193 8 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 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.
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:
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
COUNTY OF DENTON
COUNTY JUDGE
TOWN OF WESTLAKE
AUTHORIZED TOWN OFFICIAL
Attest:
APPROVAL OF TOWN ATTORNEY
CITY OF KELLER
AUTHORIZED CITY OFFICIAL
Attest:
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 attorney(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).