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Home My WebLink AboutRES 1978-019 C ITY OF GRAPEVI NE �.,.,x � RE SOLUTION � 78-19 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section I . That a contract and agreement between the City of Grapevire and the Dallas-Fort Worth Regional Airport Board, relating to the construction of a road on Airport property is hereby approved, a copy of same is attached. Section 2. The Mayor is hereby directed to sign the contract in behalf of the C ity. Section 3. That the Resolution shall take effiect from and after its passage. SIGNED this 6 day of June , 1978. � _�G�-- ��-,�� Ma or, Cit of Grapevine, Texas �, Y Y � ATTEST: �� City Se retar ' it of Grapevine exas DASTO F . City Attorney [SEAL] �� AGREEMENT THE STATE OF TEY•AS X _ COUN7Y OE� DALLAS X COUN7Y OF TARRANT � WHEREAS, th? Dallus-Fort Worth Regional AirporP Board, a join� a�ncy of tha Cities of Dallas, Texas, and Fort Worth, Texas (hnrein called "Airport"), and tha City of Grap�vir�, Texas, an incorpcxated Home Ru(e � Cifiy, sifivated in Tarrant County, Texas (h�rzin called "Gra�vir�e"), are c3esiro�s, for t{� economic ber,�fit of both, of extending roadways ger�rally souS-hward from fih� lir►e of Grapevir�'s Main Si�reet through th� boundaries . of th� AirporF and th�nce to connact with the Airport`s West Airfield Drive; NOW, THEREFORE, for and in consicJzration of tha mutual ber�fits to the parti�s, it is agreed and conPracted between finzrn as fallows: I. That Grapevir�, at its sole expense, may entar on Airporf property and construct fil-� roadways as anexfiension from said City`s Main Streefi onto and across Airport prepzrty to conr�ct wi�h Airporfi's West Airfietd Drive. Grapevir�'s expense sha11 also inclucle th� installa�ion of drainage structures, , traffic cantro{ and informationat signs. The locafion of saict raad�nrays shalf Ex: as ger�erally described by Units 2 and 3 of a sketch prepared by Freese and . N� chols, Inc., Consulting Engirteers, dated Augusfi 1977, atfiached he►�ta as Exhibit I. _ , _2_ The engineering Plans and Specificc�Pions for the road connection or exteiuion have been approved by both Parties, same having been prepared �y Frees� and t�ichols, Ince, Consulting Engineers, of Forfi Worth� 7�xas, designated as Street �mprov�ments, `V1ain Street Extension, dated November 1977, approved by the AirporY Director of PEanning and Engir�eering and incorporated herein futly by reference an(yf but nat � atfiached as an exhibit. The terms "roadway" and "accessway" as hereinafter useci �` ` refers to those roadways to be constructed on the Airport pro�erty only and not to t�e construction of a city street as an extension of Main Sfireet from State l-Iighway �(4 �� the� north A,ir;-Fr�rt boundary� Agreeme nf - Page O r�e • 3. T{� construction of these roadways shnll k�� handled as a public � works proiect by Gra��vina in accordance VlltEl qpPI1CGUIc SfC1ta unci locul bid law, anc� Grapevir� agrees that Airport s{iall 62 a third-party b�neficiary of th� Performance and Payment Sonds oFull contractors on th� job, as well as any apFlicable insurance coverac�.4,s conr�cted therewith insuring against the various lec,�al liabilities inherent in consPruction. In adcfition to � - such bond and insurance coveragr, Grapzvir� agrezs to dzfertd nnd Mold AirporP whole and lwrmless from all claims, suits, costs and demands arising ouP of or . conr�c�ed wifih th� road�vay construction, whetner for liens assertad and arising thenefrom cr for personal injury, death or prop?rty dama�. Such indernnity sha(1 nofi extend fio tronsactions caused by th� sole r�gli5ence of AirporP; or when concurring r�gligance of the Parties is proved, liability shall be. shared proportionate(y. 7his statement is not to bz constrwd as extending iro, or creafiing, any third pari�y ber�ficiary. 4. . The Parties agree thafi ths portions of th� road extznsion within Airport ;� , boundaries shatl bz called Ilth Avenua (Main) and West (5th Streetsr sha:vi� on - Exhibit I. � 5. The cost of traffic control and information signs sha[I be borne by Gra�vi►:� as stai�ed in Paragraph I. Airport shall con�rol and police th� roadway and shal[ specify and control thz location, number and r�ces�ity of al( traffic devices nnd informational signs pursuant to rules and regulafiion adopted by the Airport Baarcl which rules and regulations are subsequently cons idered �y G�-apavir� for t��tz �urpo;.� of incorporaPing into the City Code t{-w said rules and regu{afiions. Sp�ed (imits �. . and other traffic controls near th? Grap�vir�/�irport connectian poinf sha(( i�� syncronized by agreem2nt betv��een the Parties. A�I traffic control matters sf�all f� �a� handled on this road�•�ay in fhe same manner that t1�� Board and the cifiy hand(e firaffic control an other roadways throughout the Airport wh�re t�� roadway is located v�ithi� the city limifis of the City of Gra��evins� It is f�rth�C qC)f��CI tll�f Ci'Cl��vi;�� A..ranmPnl' - P(1f� TWA � . either by securing a volun��ry, recordable cov�nanF of restrict�on, or throu�h zoning, land plattiny or building p�rmit authority, shall restricfi an area 400 feef on both sides of tlw center lir,e of Main Street b�t�ve�n Hiqhwnv 114 ancl fih? Airporf's norfih boundary, in order that such land shall not be used for aviation-oriented busir�ess. The term "aviation-oriented busir�esses" shall mean specifically the business of handling air freight, air freight forwarders, air terminals, aircraft assembly planfis, aircrafP sales, aircraEt storage hangers, aircraft repairs, and aviation ground schools. .� . 6 Ihe Parfiies recognize that fih�se acczssways are n�t dsdicafi�d to thz public's use in tha sama sense as is a City's sfireets or a County's roads, but �ts use is permissive only at thz discrztion of the Airport, and sam� may be wholly or partially closed temporarily or permar;antly by Airporfi if its use is dzterm►nsc{ {in Airport's sole jud�cm�nt) not- to be in tF►e best interest of Airport operation af�zr th� fifi�een (15) }raar term of tn� Agreement sefi out in Paragraph 6 expires. During the initial fifPeen ((5) year period of this Agreement th� Airpori- Board may �Aiholfy or partially close fizmporarilyac perman?nt(y th? subject road by a finding bas�d on substontiated facts that tF� roads o,�eration is detrimzntal to the ovaraf! aperation of th� Airport. , Grapevir� sha() bz notified by written notice sent to the City �. , . - Manager, Cifiy Hail, Grapevir�, 7exas, at teast fift�zn (15) days in advunr.e o� th� Airpor6 Board's corisidaration of taking such an action. Grap�vir� shal( have the right to present evidence and testimony to thQ Board relativ� fio this qu�stion. In thz event th�.Board makes a decision to pzrmar�ntly closz the subjeci- road ciuring - t�w fifteen (15) year �riod fihe Board, as a condition precedenfi fo thz closing of � thz road, sha11 pay fio Grapevirw its unamortized costs that were ex�zncled in constructing said road based on tl� foltowing formula: . !. Total cost of consfiruction shall be certifi�d to Phz Airport in writinc� b}• Freese and Nichol�, Inc. , upon finish of construction. Tl� tota( cosf shall inclucie � contract cosfi, supervision cost and engir�ering costs. The cost of the rcYac�way shatl �:,: be amorfiized aP a fifteen (15) y�ar leve{ basis plus 8'/o interest on ths urx�rrtortizecf Agreeme nt - Page Three costs. For example, if th? road is closed at thz end of fi�n (10) yrurs, Grap?virr� sl�all receive from the Airport I/3 of ff�� total cost cer�ifi�d by Freese anc! tJichols, (nc., plus $'/o simple interest on said I/3 for a ten (10) y�ar pzriod. (n view of these roadv�iays' stafius as Airport accessways only for Air�orfi- related matters, such property shall r�ver b� subj�ct to any law v�hich irnposes £ legal requirements for abandonmznt or change of use; and in this regard, no abu��ing, adjacenfi or other privaPe propzr�y owr�r, however or wharever. situated, sha(f E� �.. ,, � deemed to have acquired any intzrest in fih� location or existence of fih� readway conr�ction contemplated herein. % 7. Such road conr�cticn is installed solaly for the use of Grap�vir�e and Airport in conr�ction with Airporfi-related trafFic for Airport 6usir:�ss. However, except restrictions which may b� imposed by classifying vehicles or restrictions upon thoroughfare use, and except for fiemporary closings r�cessitated by emerr�ncy conditions or situafions, Airporfi agrees that the connection wilt remain open for Airporfi uses for a minimum of fifteen (15) years from the dafie of this instrument �,, . which date sha11 t� from th? data th� lasfi parfiy executes same. �. > _ 8. The Parties agree that the actual maintenance and repair of these streets as consfiructed shal) be fihe responsibility of i�he Airport, including the traffic control devices and signing, but these expenses as direct costs shal( be reimbursed by Grap�vii� to Airport upon monthly bil(ing rendered fio Grapevir�'s City Manager which shall set out in detail said cosi-s. At such time as th� Airport installs r�w firaffic contro( � devices or upgrades the road to standard Airport specificafions, Phe Airp�rt shaCl , assume responsib i I i ty for assumpti on of suc� ma i nte na nce costs. For th� profiection of purchasers of abutting or adjacent pro�rty, the parties �`' agree that this instrument, with exhibits, shall b� filed for publ ic record in fit� f�eed `� Records of Tarra nt County, 7exas. . , � ��,, - .. / Agreeme nt - Page Four . • l_Xf=CU(f_D in triplicut� tf�is ___�^c;ay o� _------ ----------' _ �.D., 19/8, tlr� City of Grc,�,�vir,� si�ning tl�ro:rg!� its Mayor _ us authoriz�d by Resolution No. 78_19 rand tlt� Dull��s-Fort V�/orth P•ec�ior�al �lirpcfrt f3oc�rd sic�ning throuyh i;s fr.ecuPive Dir�ctor as nuthori-r_�.d Gy P.esolution I��o. 78-073 each atfesting throuJh its S�crefary and ih�reaffer nofarizecl accoi'ding�y. AT7�ST: C1TY O� GRAPEVINE � , � - - QY: . �-��-�c, - = - ---�� ____� City Se etary Mayor - �. ,� . ATTEST: DALLAS-FORT WORTH REGIONA� � A I RT BOA D �/LG�,�, �7—e�s.a, . - EXECUfIV� D .ECTOR THE STATE OF 7EXAS X . COUNl'Y QF DA�LAS X � . E3afore m�, tna undersigr�d authority, a No�ary Pub(ic in and for Dallas . . . , County, 7exos, on this day p�rsonally ap�pred William D. Tate , Mayor , and Shirley Armstrong , City Secretary� respvctively, of fihe Cifiy of Grap�vim, each kno�vn to me to lx tha persons whose names are subsc�-�hnc; t� tF�� foregoing in�i-rumenfi, and known fio m� fo 6a, raspzci-ive�y, t�� Mayor "� � and tF� City Secre�ary of said City, and each acko�vledg�d to me thai� h4 or sha execufed fihs spme for tFw purposes and considzrations fih�rein exprzssed ancl in th� �-�� capacities t�rzin statad, os tFw act and dzed of said City of Gra�vine, - Given under my hand and seal of office this �ddy of � L , (97�. , ��.� �� . . ' �i �1 ��'/ ';; , ,--� . , j�` ' . Notury Public in and For allas County� � �' � Yexas . ,� (SEA L) ' � � , . � � � �,,_. _ � - S�EGAS, CONTE�t� .�.�`��"'�t� ?��PRO V�'�t, '�' . . � �. . / -� • % f�. ///� �/�/i� ; �� j�/��t�/�//�-:� f�// GJ� ,/J 4 ___1.�--�- � '�----'/ �S,EGAZ COUtd�EL D-FA AIRPORT � Agreemenh -- Pa� Five , .� , � � 7HF STA7E OF TEXAS X COUN7Y OF 7ARRANT � � _ Before me, t{� und�rsignad authority, a Notary Public inand for 7arrant County, Texas, an this day parsonally appeared �rr�st E. Dean, Executive Director, Und Barbara Hollis , Staff Svcretary, respectively, of the Dallas-Fort `North Regiona! Airport Board, each known to me to be the persons whose nam�s are subscril�d to the foregoing instrument, and knorvn to me to be, respectively, tha Executive Director and the SfiafF Secretary of said Board, and each acknowledged to me thaP hz or shz executed tha same for the purpases - and considerations therein expressed and in fihe capacitiss therein ,� sfiated, as tl� act and daed of said Dallas-Fort Worth Regianal Airporfi Bocrrd. - � Given under my hand and seal of office this � day of �� / �. . 1978. , ' ' , , � � ; ; � ; � ,�� / �� NOTARY PUBLIC in and for � , ' Counfy, Fexas n� f�s"` 'Y� ' (SEAL) �«.� 1 � AgreemenF - Page Six �. � „ I hereby certify that the above and foregoing is a true and correct copy of the contract between the City of Grapevine and the Dallas/ Fort Worth Regional Airport Board duly authorized by Dallas/Fort Worth Airport Board Resolution No. 78-073 . , �i�.ti�G�---� S�/Ua/8� William H. Leder Director of Administrative Services �•:, �.� �. , �;.... . � Y �-' RESOLUTION NO . 78-073 � �;,.:, WHEREAS, the City of Grapevine has requested that they be allotr�ed to � cons[ruct an asphalt roaaway, extend�ng south from Grapevine's Mai.n. St:eet, onto the Airport and thence east to West Airfield Drive, near � the v,rest air cargo area; and . WHEREAS, the road �•aoul� be built af tne e�:pense of the City of Grapevine,- maintained by the Airport �vith s�:ch costs being billed back to the Ci.ty of Gra pev ine; and. WHEREAS, the roadv,ray will further opzn up the north�rvest cargo area and will allow for easy access for Airport employees living in the Grapevxne area; and � WHEREAS, the road�Jay ��ill at all times be under the Board's contcol and supervision; and � � WHEREAS, the Operations Co:nmittee has recommended that khe Execu�ive ,�:;;.� Director be authorized to execute an agreement with the City of Grapzvine, Texas for that city to construct an asphalt road«ray on the Airport; NO�V, � THEREFORE, - ' BE TT RES�LVED BY THE DALL.AS-FORT �VORTH REGIONAL ATRPORT RQ1�RD:. - SECTION 1. •That the Executive Director be authorized to execute an agree- ment with the City of Grapevine, Te:cas for that city to construct a� aspha�t . road�vay on the Airport. . � � SECTiON 2. That this Resolution shall take effect immediately upori its passage. _ � I hereby certify that the above and foregoing is a true and correct copy of Resoiution No. 78-073 as adonted by the Dallas/Fort VVorth Regional Airport Board. � �j�' . - S�OS"/ � . -�- � � Vv illiam H. Leder Director of Administrative Services ��