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HomeMy WebLinkAbout70-252 01-27-1970RESOLUTION NO. 252 RESOLUTION DETERMINING THE NECESSITY FOR THE CITY OF EULESS TO EXECUTE A CONTRACT WITH THE CITY OF BEDFORD FOR THE IMPROVEMENT OF PIPELINE ROAD, A COMMON BOUNDARY LINE OF SAID TWO CITIES; PROVIDING IN SAID CONTRACT FOR THE ASSESSMENT OF THE COSTS PURSUANT TO ARTICLE 1105-B, R.C.S., OF CURBS, GUTTERS AND VALLEY GUTTERS TO THE BEDFORD PROPERTY OWNERS ABUTTING THE NORTH RIGHT -OF -WAY LINE OF PIPELINE ROAD AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: Section 1. That the City Council of the City of Euless, having determined that the public necessity requires the improvement of Pipeline Road which lies adjacent and contiguous to the city limit line of Euless, a common boundary line with the City of Bedford, Texas, the Euless Council does hereby resolve that the City of Euless should contract with the City of Bedford for the improvement of Pipeline Road and the assessment of the cost of curbs, gutters and valley gutters to the Bedford property owners abutting Pipeline Road on the North, all as in said contract provided. Section 2. That such contract further provides that the city line on the North side of Pipeline Road shall be changed, moved and designated by appropriate ordinance and resolution of said two cities so that such boundary line shall be upon and along the North curb line of Pipeline Road following completion of all improvements thereof as in said contract provided. Section 3. This Resolution authorizing the execution of such contract with the City of Bedford shall become effective immediately upon its adoption. ADOPTED this 27th day of January , 1970, by a vote of 4 ayes and 0 nays by the City Council of the City of Euless, Texas. ATTEST: Mayor City Secretary WaloW .wmwhwnM►f 1 ∎ THE STATE OF TEXAS COUNTY. OF TARRANT THIS CONTRACT AND AGREEMENT made and executed on the . date hereinafter set forth by and between the City of Euless,. Texas, herein called "Euless ", and the City of. Bedford,: Texas, herein called "4edford ", W I. T N E S S E T H: WHEREAS', said Cities are home rule cities, having duly adopted home rule charters and assumed the powers conferred expressly and permissively by Chapter 147, Page 307 of the Acts of the 33rd Legislature, Regular Session, entitled "The Home Rule Amendment of the Constitution of the State of Texas ", and WHEREAS, said cities are adjacent and contiguous and have a common boundary line, a part of which'is commonly known as Pipeline Road, and WHEREAS, the Euless city limit line extends to the North • line of the said Pipeline Road, which North line is also the boundary line 'of Bedford, and .WHEREAS, pursuant to the authority set forth in Article 1105. -B of the Revised Civil Statutes of the State of Texas, said cities have agreed each with the other that there presently exists a necessity to reconstruct and improve Pipeline Road be- tween certain boundaries hereinafter specifically described, and WHEREAS, the proposed curb and gutters to be erected upon . the improvement of Pipeline Road shall be in, upon and a part of the City of Bedford and said cities have' mutually_agxeed _upon:,. _.. a formula for the apportionment of costs and right to assess abutting property owners for the improvement of Pipeline Road, 4.'.' r.. and .1., r WHEREAS, such proposed improvements shall lie partly within the boundaries of Euless and partly within the boundaries of Bedford, and WHEREAS, Euless has agreed to undertake the improvement of Pipeline Road and to assess the abutting property owners, and WHEREAS, Bedford has agreed as hereinafter set forth to permit, authorize and ratify said improvements and assessments appurtaining to the abutting property owners on the North side ' of Pipeline Road in the City of Bedford, and WHEREAS, each of said cities have determined that a public necessity exists and that it is to the benefit of the inhabitants of each of said cities that Pipeline Road be improved. NOW, THEREFORE, in consideration of the premises and the agreements hereinafter set forth, said cities contract and agree as follows: I. Euless will cause to be prepared engineering plans and street assessment procedures for the improvement of Pipeline Road from Highway #183 West to Pattie Drive on the East and will submit a final set of plans for such street improvement'.to: Bedford or its engineers to:: review..and approve. II. Euless will initiate an assessment program whereby the Bedford property owners abutting Pipeline Road on the North boundary line shall be assessed only for the cost of the installa- tion of curbs,. gutters and valley gutters and prorata engineering fees and inspection fees pertaining specifically to the design, cost,, installation and inspection of said .curbs, gutters and valley gutters. III. Bedford will, by appropriate Resolution, authorize, permit,., approve and ratify the assessment program simultaneously with _ 14.,.S_ an assessment procedure initiated by Euless against property Ir.,, , 44 . owners abutting Pipeline Road on the South boundary line thereof located within the corporate limits of Euless. IV. Bedford shall pay toward the project for improvement of Pipeline Road from Raider Drive to Pattie Drive the sum of $20,000.00, it being specifically understood and agreed by and between said cities that no assessment shall be levied against the Bedford property owners abutting Pipeline Road on the North.for the cost of paving, grading and improving the North half of the street proper. That such $20,000.00 shall be paid by Bedford to Euless promptly upon awarding of the Contract for the improvement of Pipeline Road. V. As a further consideration for Euless undertaking to improve Pipeline Road, Bedford agrees to pay to Euless one -half the cost of the traffic signalization of Raider Drive at its intersection with Central and Pipeline Road and further one -half of the cost of traffic signalization of Pipeline Road at its intersection with Driftwood and Wade Street. That the one -half of said cost shall be paid to Euless upon the execution of a contract for such signalization, a copy thereof to be submitted to Bedford for its approval prior to execution by Euless. VI. Bedford further agrees to obtain from its property owners abutting Pipeline Road on the North, at no cost to Bedford necessary right -of -way for widening, straightening and improve- ment of Pipeline Road between Wade Drive and Cardinal Drive. That Bedford agrees to obtain such right -of- way -at least fifteen (15) days prior to the date bids are to be let for Pipeline Road. Euless shall furnish to Bedford necessary descriptions for needed right -of -way. VII. Euless shall initiate appropriate assessment procedures to assess the property owners abutting Pipeline Road on its South line and will, after the determination of the amount to . be assessed to property owners abutting Pipeline Road on the South line, pay the balance of cost for filling, grading, raising and paving Pipeline Road from Raider Drive to Pattie Drive. VIII. It is agreed and understood that Bedford does by the execu- tion of this contract authorize and agree and will take appro- priate action to permit Euless to improve Pipeline Road from Highway #183 West to Pattie Drive. Bedford intends by the execu- tion of this contract to authorize Euless by appropriate Council action as may be required, to assess its property owners abutting Pipeline Road on the North from Highway #183 to Pattie Drive for the cost of curbs, gutters and valley gutters only. It is further agreed and understood by and between said cities that the first phase of construction and improvement of Pipeline Road shall be from Raider Drive to Pattie Drive and that the remaining portion of Pipeline Road shall be improved at such future time as funds are available to permit such improvement by Euless. IX. Each of said cities agree to cooperate one with the other in initiating and implementing the joint assessment procedure as set forth herein pursuant to Article 1105 -B, Revised Civil Statutes of Texas. Euless will submit street improvement plans, proposed resolutions authorizing the assessment and ratification documents to Bedford for approval as the improvement project progresses. Both cities agree to take necessary council action to complete the joint assessment procedure as herein agreed. X. Bedford and Euless agree that the city limit line on the North side of Pipeline Road shall be changed, moved and designated by appropriate joint ordinance and resolution of said two cities, so that such boundary line will be upon and along the north curb line of Pipeline Road. EXECUTED this 27th day of January, 1970, in duplicate originals by and between the City of Euless and the City of Bedford pursuant to appropriate Council action and resolution on the dates hereinafter set forth. CITY OF EULESS, TEXAS ATTEST: / l�//�/�Gd BY�� City Secretary Mayor APPROVING RESOLUTION ADOPTED THE 27th DAY OF JANUARY, 1970. CITY OF BEDFORD, TEXAS ATTEST: BY City Secretary Mayor APPROVING RESOLUTION ADOPTED THE DAY OF JANUARY, 1970.