1992-028City of Southlake, Texas
RESOLUTION'NO* 92-28
RESOLUTION ACCEPTIXG'TRE PROVISIONS OF
TEXAS TRANSPORTATION COMMISSION MINUTE ORDER 101086
DATED JUNE 24, 1992
THE STATE OF TEXAS SOUTHLAKE, TEXAS
COUNTY OF TARRANT JULY 7, 1992
1
MOTION was made by Jerry Farrier ,and seconded by
Rick Wilhelm , that the CITY COUNCIL OF THE
CITY OF SOUTHLAKE accept the provisions contained in Minute Order
101086 passed by the Texas Transportation Commission on June 24,
1992 for the improvement by the Texas Department of Transportation
of the project described below:
FM1709: From U.S. 377 to S.H. 114
Vote on the motion was as follows: Mayor Gary Fickes X
Apple, Stephen Franks, Jon Michael X
Emerson, Barry O'Brien, Mike
Farrier, Jerry X Wilhelm, Rick X
WHEREUPON the motion was declared ADDroved 4-0 vote
THE STATE OF TEXAS
COUNTY OF TARRANT
I hereby certify that the foregoing is a true and correct copy
of the order passed by the CITY OF SOUTHLAKE on the 7th day of
July 1992.
AT EST
City Secretary, Sandra LeGrand
92-28.U.W0RMR&S&b
yorf ar
TEXAS TRANSPORTATION COMMISSION
TARRANT County MINUTE ORDER Page 1 of
District No. FORT WORTH (2)
2 Pages
WHEREAS, in TARRANT COUNTY on FARM TO MARKET ROAD 1709, from
U.S. Highway 377 to State Highway 114, a distance of approximately 8.4
miles, Minute Order 83515, dated August 29, 1985, required the City of
Southlake to "Provide for the construction of continuous curb and
gutter, storm sewers, etc. all as may be requested by the Cities and
County and all as may be necessary for a complete project."; and
WHEREAS, provisions in Minute Order 83515 were in accordance
with 43 TAC Section 19.41 and 43 TAC Section 11.41 requiring local
governments to provide the cost of curb and gutter and storm sewer; and
WHEREAS, on March 23, 1987, the City of Southlake was advised
by letter that the estimated cost of curb and gutter and storm sewer in
Southlake was $800,000; and
WHEREAS, on May 28, 1987, 43 TAC Section 19.41 was repealed and
43 TAC Section 11.41 was amended to provide State payment for the cost
of curb and gutter and storm sewer on all State numbered routes; and
WHEREAS, during the public comment period for adoption of the
amendments, the issue of retroactive application was raised by local
governments and the Commission determined that it would be
inappropriate to change the funding responsibility for local
governments who had entered agreements prior to the effective -date of
the amendment; and
WHEREAS, the drainage areas involved in the reconstruction of
Farm to Market Road 1709 are much larger and more fully developed than
originally anticipated in 1987, requiring a more extensive storm sewer
system than the original design indicated for the City of Southlake;
and
WHEREAS, detail construction plans for Farm to Market Road 1709
are now complete and the estimated cost of curb and gutter and storm
sewer in Southlake has increased from $800,000 to $2,173,000 as a
result of the expanded storm sewer system requirements; and
TEXAS TRANSPORTATION COMMISSION
TARRANT County MINUTE ORDER Page 2 of 2 Pages
District No. FORT WORTH (2)
WHEREAS, the City of Southlake is willing to increase their
participation in the original design features from $800,000 to
1,000,000, but is unable to provide the remaining 31,113,000 for the
expanded storm sewer design; and
WHEREAS, recognizing that the City of Southlake is willing to
honor its original commitment, the Texas Transportation Commission will
assume the cost of curb and gutter and storm sewer above the $1,000,000
provided by the City of Southlake;
NOW, THEREFORE, IT IS ORDERED that the Executive Director is
hereby directed to tender the following proposal to the City of
Southlake:
Provided the City of Southlake will:
1. Agree to all provisions of Minute Order 83515, dated August
29, 1985, except Item 3. "Provide for the construction of
continuous curb and gutter, storm sewers, etc. all as may
be necessary for a complete project," which shall be
revised to: "Provide a lump sum amount of $1,000,000
toward the cost of continuous curb and gutter, storm
sewers, etc."
IT IS FURTHER ORDERED that upon acceptance of the provisions of
this Minute Order by the City of Southlake, that Item 3 of Minute Order
83515, dated August 29, 1985, is hereby amended as outlined above.
This Order shall become operative upon acceptance by the City
of Southlake; and if not accepted within 90 days of the date hereof,
the action herein contained shall be automatically canceled.
C -,L ' ~
Submitted by: Examined and recommended by:
Executive Assistant Approved Associate Executive Director
Executive Director
Minute Number 101086
Date Passed JUN 24 92
Texas Department of Transportation"
P.O. BOX 6868 • FORT WORTH. TEXAS 76115-0868 • (817) 370-6500 y {
June 29,
19922 a iO
JUN 301999 -
CSJ: 1603-3-16, 18
FM 1709: From US 377 to SH 114 l tYit.z 417
Tarrant County Y
Minute Order 101086
Honorable Gary Fickes
Mayor, City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Dear Mayor Fickes:
Attached is a copy of Texas Department of Transportation
Minute Order 101086, dated June 24, 1992, establishing a fixed
sum participation for the City of Southlake on FM 1709. Although
the Minute Order requires acceptance by the City of Southlake on
or before September 24, 1992, please place the acceptance
consideration on your City Council agenda at the earliest
possible date. The project is scheduled for letting in July and
we would like to present an accepted Minute Order to the
Transportation Commission at their July 22 meeting.
Upon acceptance of this Minute Order by the City Council, please
furnish us with a certified original and one copy of the
Council's action. A sample resolution is attached for your use.
If you prefer to use your own format, please include the
following information in the resolution:
1) Dates of Resolution and Certification
2) Project Limits
3) Name of City
4) Names of Members of City Council
If you have any questions regarding this matter, please contact
Mr. Rondell Fagan at (817) 370-6536.
Sincerely,
iX*zl--
J. R. Stone, P. E.
District Engineer
RGF:mgb
attachments
cc: Curtis Hawk, City Manager
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