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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).