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ST9302-CS 920217 :,~EHO TO: Larry Jackson, City Attorney FROM: Kenneth M. Griffin, P.E., City Engineer~'~ SUBJECT: Interlocal Agreement/Sandy Lake Road DATE: February !7, 1992 Attached with this memo please find a copy of an interlocal agreement to be executed by the City in conjunction with Sandy Lake Road. Representatives from Dallas County have indicated that this interlocal agreement has changed from what was used in 1985, therefore it is being routed through your office for review and approval. If you should have any questions or comments, please feel free to contact me at your convenience. KMG/bd co: Alan D. Ratliff, City Manager Steve Goram, Director of Public Works SANDYINT INTERLOCAL CONTRACT WHEREAS, on November 5, 1991, the voters of Dallas County voted approval of Election Order No. 91-1636 for the 1991 Dallas County Bond Program which includes the authorization to issue bonds under the authority of Article III, Sections 52 and 52e of the Texas Constitution for the purpose of transportation improvements within the corporate limits of the City of , or properties owned by the City; and ~{HEREAS, in accordance with said Election Order, it is the desire of the City of , Texas, hereinafter referred to as "City", and the Dallas County Commissioners Court, hereinafter referred to as "County", to enter into an agreement regarding participation in the improvement of said City's transportation system pursuant to Article 4413 (32c) VACS, Interlocal Cooperation Act and related Attorney General Opinions (AGO) including No. H-1018 (1977); and WHEREAS, Election Order No. 91-1636 includes transportation improvement projects, wholly or partially, within the incorporated boundary of the City as listed in Attachment IIAtl · NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, County and City do hereby agree as follows: I. City agrees as follows: A. To execute the necessary agreements with the County and/or Texas Department of Transportation (TxDOT) and to make a detailed review of and approve the proposed right- of-way alignment and construction drawings for all State Highway, Federal Aid Urban System (FAUS) and Principal Arterial Street System (PASS) projects within the City as developed by the TxDOT and/or the County. INTERLOCAL CONTRACT B. To acquire rights-of-way required for designated projects. To acquire rights-of-way for the proposed TxDOT and other transportation construction projects through voluntary dedication, the subdivision platting process and/or other legal means to the maximum extent possible and to ensure through the building permitting process that setback requirements are imposed to limit encroachment upon the required rights-of-way. City hereby grants the County authority to enter into eminent domain proceedings within the City limits on the specific right-of-way alignment as approved by the City and County. C. To require all utilities located within or using the present public right-of-way on all designated transportation projects within City's municipal limits to adjust and/or relocate said utilities as required by the proposed improvement of the designated transportation project. City shall require the adjustment and/or relocation of utilities to be accomplished and finalized, as expeditiously as possible, after approval of final plans, but in no event later than six (6) months after receiving notification in writing from County that acquisition of additional right-of-way for the designated project has been completed. In cases where a franchised utility has a private right-of-way easement for its utility and it is necessary to make adjustments by reason of the widening or improvement of the designated project, the County will, after submission of satisfactory right- of-way documentation and cost estimates acceptable to the County by the utility company, bear the actual costs for the relocation and/or adjustment of said utility. Where new storm drainage facilities are in conflict with City owned water and sanitary sewer systems, and the storm sewer design cannot be modified, the County will, after submission of an acceptable schedule of work and cost estimate by the City, bear the actual costs of the necessary adjustment of City water and sewer utilities. Except as provided herein, all costs for adjustment and/or relocation of utilities in the public right-of-way shall be the responsibility of the utility owner or of the City. In the event that the utilities are not adjusted or relocated within six (6) months after the County's written notification is received, City will initiate legal action to compel the adjustment or relocation of the utilities by the utility owner or, if 2 INTERLOCAL CONTRACT necessary to prevent delays in the commencement or prosecution of construction on the project, City will itself adjust and relocate said utilities. D. To provide for continuing surveillance and control of rights-of-way to prevent the construction, placement, storage or encroachment of any signs, personal property or other appurtenances in the rights-of-way and, when requested by the County or TxDOT, to take such action as appropriate to cause any and all encroachments on the rights-of-way to be removed prior to starting construction of the designated projects. City will provide for the continuing maintenance of all existing rights-of-way, such as mowing, drainage, trash removal, etc., during the period between acquisition and construction. E. To resume responsibility for maintenance of each designated project within City's municipal limits upon completion and acceptance of construction by the TxDOT or by the County, regulate traffic and prevent encroachment on the right-of-way. F. To authorize the County or TxDOT to construct the transportation improvement approved by the City for each project, in accordance with the scope agreed upon by City and County, within funding authorized by the Election Order. G. To provide to TxDOT and/or County any available alignment surveys, construction plans or other data pertinent to the projects, and to establish in writing, prior to commencement of project design, any supplemental improvements desired by the City for any additional facilities (e.g., landscaping, streetscaping, new sidewalks) associated with the project. When these features are requested by the City for inclusion as part of the design and/or construction contract, the costs shall be borne by the City. Necessary separate agreements outlining funding participation on designated project shall be executed by the City. H. To make a detailed review of and approve the proposed right-of-way alignment and construction drawings for all designated transportation improvements within a time period not to exceed one (1) month from transmittal to the City by the County. 3 INTERLOCAL CONTRACT II. County agrees as follows: Ao To provide the local government share of costs of right- of-way acquisition associated with the development of State Highway projects by the Texas Department of Transportation (TxDOT) Improvement to the extent of funding authorized by the 1991 Election Order; to provide for the acquisition of right of way on TxDOT projects if and when specifically requested by the TxDOT and approved by the Commissioners Court; and to provide for the local share of construction costs required by the TxDOT on all State Highway projects to the extent authorized by the Election Order, except for any and all items specifically requested and not paid for by the TxDOT, which will be reimbursed to the TxDOT and/or the County by the City. B. To provide for the cost of the acquisition of any additional right-of-way and the local share of construction costs associated with Federal Aid Urban Systems (FAUS) projects and Principal Arterial Street System (PASS) projects authorized by the TxDOT and the City; provided, however, that such cost shall not exceed the funding authorized by the 1991 Election Order. Any additional items specifically required by the City and not paid for by the TxDOT will be reimbursed by the City to the County. C. To execute the necessary agreements concerning the State Highway, FAUS and PASS projects with the TxDOT as authorized by the Dallas County Commissioners Court and the Election Order. Do To provide preliminary engineering plans which will define project details (e.g., location, scope of work and specific right-of-way alignment) for each improvement for approval by the City, prior to proceeding with the final design and any right-of-way acquisition. E. To provide for the construction of transportation improvements based upon design criteria conforming to City ordinances and standards, to the extent of funding authorized by the 1991 Election Order and Commissioners Court. Where City standards do not exist, County standards shall be utilized. Deviations from City standards and/or design criteria shall require prior approval of the City. INTERLOCAL CONTRACT F. To submit final engineering plans for review and approval by the City, at least two (2) months prior to advertising for construction or award of a construction contract. G. To provide for the acquisition of the necessary additional right-of-way, on designated projects, in accordance with minimum standard requirements and utilizing existing public right-of-way to the maximum extent possible. H. To coordinate with the City any utility adjustments in public rights-of-way and traffic control during the construction; provided, however, that the City shall be the responsible jurisdiction for requiring the relocation and adjustment of utilities and jointly responsible with the County for traffic control during construction. To require all contractors to secure all necessary permits required by the City on said construction projects. J. To furnish "as built" reproducible drawings of construction plans for the permanent records of the City upon completion and acceptance of the transportation improvement project. K. To transfer, by Quit Claim Deed, all rights-of-way acquired by the County to the City. FOR THE COUNTY OF DALLAS FOR THE CITY OF BY: DATE DATE ATTEST: ATTEST: 1.24.92 5