HomeMy WebLinkAboutContract 33789 CiT r SECRETARY
CONTRACT NO,
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
THE CITY OF BENBROOK FOR CONSTRUCTION AND MAINTENANCE OF
TWO BRIDGES OVER WALNUT CREEK
This Agreement is entered into by and between the City of Benbrook
("Benbrook"), acting by and through Cary Conklin, its duly authorized City Manager, and
the City of Fort Worth ("Fort Worth"), acting by and through Dale Fisseler, its duly
authorized Assistant City Manager, both of Tarrant County, State of Texas, (Benbrook
and Fort Worth may be referred to herein individually as a "Party", or collectively as the
"Parties").
WHEREAS, this Agreement is made under the authority of Chapter 791, Texas
Government Code; and
WHEREAS, the Parties, in performing governmental functions or in paying for the
performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that Party; and
WHEREAS, the Parties desire to create joint access to future development
between Fort Worth and Benbrook; and
WHEREAS, the Parties find that the performance of this Agreement is in the
common interest of Benbrook and Fort Worth, that the undertaking will benefit the public
and that the division of costs and/or responsibilities fairly compensates the performing
Party for the services or functions under this Agreement; and
WHEREAS, each Party agrees to cause to be performed the actions described
below.
NOW THEREFORE, Benbr000k and Fort Worth agree as follows:
1. The Project.
1.1 Fort Worth, through a community facilities agreement ("CFA") with Wilbow
Skyline Development Corporation ("Developer"), will authorize the
construction of (1) a bridge along Rolling Hills Drive over Walnut Creek, and
(2) A bridge along Woodglen Lane over Walnut Creek (collectively referred to
as the "Bridges").
1.1.1 Contingent upon the results of a pre-development and post-development
pavement inspection, Fort Worth will be responsible for necessary
repairs/reconstruction to restore the pavement to the pre-development
condition up to a maximum of $300,000, if any, to Rolling Hills Drive
between FM 2871 and Walnut Creek for damage directly caused by the
construction traffic for the above referenced work. The results of the
pavement inspection will be used to determine cost share between Fort
Worth, whose cost share will be passed on to the Developer through an
MOU, and the City of Benbrook. 9
Fort Worth&Benbrook
Interlocal Bridges
July 18,2006
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1.1.2 Pursuant to the MOU between Developer and Fort Worth, Fort Worth will
require Developer to re-stripe the westbound approach of Rolling Hills
Drive to FM 2871 to provide a two-lane approach with a dedicated right-
turn lane and a shared through/left-turn lane per the recommendations of
the May 2006 Kimley-Horn Traffic Impact Study obtained by the
Developer.
1.2 Benbrook will adjust its municipal boundary, and Fort Worth will then adjust
its municipal boundary, so that the constructed Bridges will be entirely within
the city limits of Fort Worth (the "Boundary Adjustment").
1.3 Upon completion of the Boundary Adjustment, and Fort Worth's acceptance
of the Bridges constructed by the Developer, Fort Worth will maintain the
Bridges at its sole cost and expense.
1.4 Each Parry paying for performance of governmental functions or services
shall make those payments from current revenues available to the paying
Parry.
2. Right-of-Way.
Each Party will provide the other any easement or right-of-way necessary for
completion of the Project.
3. Effect of Agreement.
3.1. Nothing in the performance of this Agreement shall impose any liability for
claims against either Fort Worth or Benbrook, other than claims for which
the Texas Tort Claims Act may impose liability.
3.2. The parties to this Agreement do not intend for any third parry to obtain a
right by virtue of this Agreement.
3.3. By entering into this Agreement, the parties do not intend to create any
obligations express or implied other than those set out herein; further, this
Agreement shall not create any rights in any part not a signatory to the
Agreement.
3.4. Nothing contained in this Agreement is intended by the parties to create a
partnership or joint venture between the parties and any implication to the
contrary is hereby expressly disavowed. It is understood and agreed that
this Agreement does not create a joint enterprise, nor does it appoint any
parry as an agent of any other parry, for any purpose whatsoever.
Fort Worth&Ben brook JInterlocal
July 18, Bridges
2 06Nap ��
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EXECUTED this day of CZ2=124
, 2006.
ATTEST: CITY OF FORT WORTH
Marty Hendrix, Da a Fisseler
City Secretary Assistant City Mzdw4ger
a-Q6( n
APPROVED AS TO FORM Contr ct Authorization
AND LEGALITY: 10-1 3a4
Bate
r
A, se
A,ssista City Attorney
ATTEST: CITY OF BENBROOK:
� L!C� X- .
ity S cretary Cary Conkli
City Manager
APPROVED AS TO FORM
AND LEGALITY:
City Attorney
Fort Worth&Benbrook OFF1�)c�� � Vl�J9u�
Interlocal Bridges fff MCIAETA RY
July 18,2006 QQ9 o ggpLL N1$QQ��pl Q!�`(��J
Page 3 d 3 Ff. w"'ONTH, EX.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/13/2006 - Ordinance No. 16991-06-2006
DATE: Tuesday, June 13, 2006
LOG NAME: 20SKYLINE REFERENCE NO.: C-21510
SUBJECT:
Approve Joint Ordinance and Boundary Agreement with the City of Benbrook to Adjust the
Boundary between Fort Worth and Benbrook; Authorize Execution of an Interlocal Agreement with
the City of Benbrook for the Construction and Maintenance of Two Bridges Over Walnut Creek, and
Authorize Execution of a Memorandum of Understanding with Wilbow Skyline Development
Corporation
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached Joint Ordinance and Boundary Agreement with the City of Benbrook in
conjunction with the Skyline Ranch development;
2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement;
3. Authorize the City Manager to execute an Interlocal Agreement (ILA) with the City of Benbrook related
to the construction and maintenance of two bridges over Walnut Creek; and
4. Authorize the City Manager to execute a Memorandum of Understanding ("MOU") with Wilbow Skyline
Development Corporation (the "Developer") to memorialize the Developer's commitment to pay for street
repairs (if necessary) to Rolling Hills Drive as a result of construction traffic traveling to/from the Skyline
Ranch Addition and costs associated with a traffic signal at FM 2871 should the Texas Department of
Transportation determine that one is needed.
DISCUSSION:
On January 28, 2004 the City Plan Commission approved the Preliminary Plat for Skyline Ranch, a single
family sub-division of 392 lots east of FM Highway 2871 and on the north side of Walnut Creek. The
proposed access for Skyline Ranch is to be served by constructing one new street that accesses FM 2871
in Fort Worth and by constructing two bridges over Walnut Creek that connect to Rolling Hills Drive and to
Woodglen Drive, which are streets in the City of Benbrook. The centerline of Walnut Creek is the mutual
City Limit line. In order to provide for joint access between Benbrook and Fort Worth and to simplify the
maintenance responsibilities for the bridges, the staffs of both cities have met and recommend the
adjustment of the city limits as described in the attached Joint Ordinance and Boundary Agreement. It is
also recommended the ILA and MOU be executed. The ILA and MOU provide the following:
• Fort Worth will authorize the construction of the two bridges through a Community Facilities Agreement
with the Developer.
6 ^ E;(.C! ")D
• Fort Worth will be responsible for necessary repairs, if any, to Rolling Hills Dr ve, ,io tirec y
caused by the construction traffic for the Skyline Ranch Addition. Fort Worth will p ss (7I iat d
Y�a ',.r�IVUC'UYL Y�1ine
Logname: 20SKYLINE Page 1 of 2
with the repairs to the Developer pursuant to the terms of the MOU.
• If the Texas Department of Transportation determines that a traffic signal is required at the new street
entrance on FM 2871, Fort Worth and Benbrook will proportionately share the cost for the signal. The
Developer will be responsible for the City of Fort Worth's share of the costs pursuant to the terms of the
MOU.
• Fort Worth and Benbrook will adjust the common municipal boundary so the new bridges will be entirely
within the city limits of Fort Worth.
• Fort Worth will maintain the new bridges upon their completion and acceptance.
Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually
agreeable changes in their boundaries for areas that are less than 1,000 feet in width. Approval of the Joint
Ordinance and Boundary Adjustment will result in the transfer of approximately 0.682 acres from the City of
Benbrook to the City of Fort Worth.
This property is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that this action will have no material effect on City Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Mark Rauscher (2446)
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