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Number 05Consideration and approval of an Interlocal Agre nient with Dallas County for the design of Sandy Lake Road from MacArthur Blvd. to the east city liWtspd authoriling the Mayor to sign. ROO SUBMITTED BY: M MM�►� See attached memo. STAFF REP.: Kmng4h M. C- 'Affin� P F._ City Engineer 077= REP.: DATE: MEMORANDUM To: Mayor and City Council From: Kenneth M. Griffin, P.E., City Engineer V=0 RE: Consideration and approval of an Interlocal Agreement with Dallas County for the design of Sandy Lake Road from MacArthur Blvd. to the east city limits. Date: July 13, 1993 I was recently contacted by Bud Beene, Director of Public Works, Dallas County, concerning the referenced Ukd1bW Agreement between the City of Coppell and Dallas County. After some research, it was noted that an BAOMW Agreement had never been entered into between the city and county. The initial l Wd Agreement is essential for the county to proceed with the design of Sandy Lake Road. As has been explained to me by Mr. Beene, once the project has been designed, a supplemental Intal Agreement will be developed that addresses the specifics of this project. The specifics could include sidewalks, brick pavers, landscaping, upgrades of water and/or sewer lines and things of that nature. The supplemental htwdod'al Agreement will outline the exact cost to the city and to the county. At that time, the city will need to be in a position to pay for its share of the improvements. If the city chooses not to pay for its share of the improvements at that time, the county would need to reconsider whether it will continue with the construction of Sandy Lake. There is not a specific time table on Sandy Lake Road but it is quite possible that the city will need to look at funding of their share of the project in 1994 range when they consider any bonds to be sold for 1994. The City Attorney has reviewed the IhW4bW Agreement and while he did have some concerns he is in agreement with the initial inWdbW agreement. Staff will be available to answer any question concerning this item. 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 Coppell , or properties owned by the City; and WHEREAS, in accordance with said Election Order, it is the desire of the City of - Coppell , Texas, hereinafter referred to as "C ty ",. 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 "All. 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. I 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 �1 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: A. 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 (FADS) 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, FADS and PASS projects with the TxDOT as authorized by the Dallas County Commissioners Court and the Election Order. D. 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. P 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. I. 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 Coypell DATE ATTEST: 1.24.92 BY: DATE ATTEST: '1 I Attachment A OCT - 11991 ORDER NO. 91-1636 AN ORDER BY THE COMMISSIONERS COURT OF DALLAS COUNTY, TEXAS, AMENDING AN ORDER CALLING A BOND ELECTION TO BE HELD WITHIN SAID COUNTY, MAKING PROVISIONS FOR THE CONDUCT OF SAID ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDER THE STATE OF TEXAS § COUNTY OF DALLAS § \%rHEREAS, the Commissioners Court has heretofore called an election to be held on the Sth day of November. 1991, and it is now deemed appropriate and necessary to amend such Order calling the Election, and WHEREAS. the meeting and term at which this Order is considered is open to the public as required by law: and that public notice of the time, place and purpose of said meeting was given as required by Article 6252 -17, Tex. Rev. Civ. Stat. Ann., NOW, THEREFORE. BE IT ORDERED BY THE COMMISSIONERS COURT OF DALLAS COi:yTY, TEXAS THAT ORDER NO. 91.1434 APPROVED ON SEPTEMBER 3, 1991 IS HEREBY AMENDED TO READ AS FOLLOWS: I. That an election shall be held in and throughout Dallas County, Texas on the 5th day of November, 1991, which is one of the uniform election dates prescribed by the Texas Election Code, as amended, at which election the following propositions shall be submitted: PROPOSITION NQ 1 `Shall the Commissioners Court of Dallas County, Texas be authorized to issue the bonds of said County under the authority of Article III. Sections 52 and Ste of the Texas Constitution, in one or more series or issues, in the aggregate principal amount of 5175.480,000, with the bonds of each such series or issue to mature serially within not to exceed 30 years from their date, and to be sold at such prices and bear interest at such rates as shall be determined within the discretion of the Commissioners Court at the time of issuanm for the purpose of the construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof throughout the County, including participating in the cost of State highway projects. and to provide for the payment of the principal of and interest on said bonds by levying and collecting annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds when due and to provide a sinking fund sufficient to pay said bonds as they mature ?" The proceeds from the sale of said bonds are to be expended in the following estimated amounts: ttAs- KSa�.o�t 461 383 1988 -92 FADS PROJECT Oak Lawn Ave. from IH 35E to Maple Ave. 2,175.000 Royal LanciM. iller Rd. from Skillman Ave. to Audelia Rd. 675,000 1988.92 TRANSIT PASS PROJECTS Belt Line Rd. from Stetrocrest Dr. to 1H 35E 2.000.000 Centennial Blvd. from Sherman St. To Audelia Rd. 2.00.000 i COUNTY WIDE PROJECTS Incident Detection and Response System 4.000.000 Traffic Signal System Improvements 8.210.000 t w r WM L r r r r THOROUGHFARE IMPROVEMENT PROJECTS IN DISTRICT 1 Intersection Improvements 8.872• Ahra„u Rd_ from Spring valley Rd. to So. City Limits 1.295,000 Audelia Rd. from Centennial Blvd. to Buckin ham Rd. 1,000,000 Belt Line Rd. from Denton Tap-Rd to Coppell to 7.600•000 MacArthur Blvd. and /or Sandy Lake Rd. from MacArthur to Co it E City Limits Buckingham Rd. from Audelia Rd. /Grove Rd. to 2.300.040 Centennial Blvd Denton Dr. & Denton Hines Conn. from Webb Chapel Rd. to Farmers Branch City Limit Denton,'Rossford & Denton/Hines Conn. from S.C.L. Farmers Branch to N City Lim Farmers Branch Keller Springs Rd. Tunnel from Midway Rd. to Dallas North Tollway Midway Rd. from IH 635 to Dallas County Line O'Connor Rd. in Irving from Spur 348 (NW Hwy) to Proposed SH 161 Regal Row from CRI & P RR to IH 35E Sandy Lake.Rd. from Copped City Limit to Carrollton City Limit Sandy Lake Rd. from Dallas City Limit to Old Denton Dr THOROUGHFARE IMPROVEMENT PROJECTS IN DISTRICT -2, Intersection Improvements Blackburn Rd. from Murphy Rd. to Telecom Parkway and /or Brand Rd. in Garland from Belt Line Rd. to Collin County Line Bruton Rd. from Cheyenne Dr. in Dallas to IH 635 Clay Road (extension) from SH 352 to East Glen Blvd. &4s.K2WX1 3 4.360.000 3,500.000 1.000.000 3.000.000 2.400.000 1,435,000 2.965.000 4,000.000 825.000 3,990,000 3,500.000 2,250,000 f• • CJ !'- CJ1 -177J YJ7-1)JP9"1 f'1[UI"I 1J►'1LL1'-IJI.UI..UI'II'N.,I IU 7J7JYJ7tF0 r.YJd . Mn O, N. DALLAS COUNTY PUBLIC WORKS . July 1, 1993 Mr. Kenneth Griffin, P.R. City Engineer, City of Coppsll P.O. Sox 478 Coppsll, Texas 75019 Re: Master Interlocal Agreement Dear Mr. Griffin: In response to your questions regarding the Master Interlocal Agreement (NI-AL) the following comments are provided. + The MILA is general ih nature outlining the division of improvements and obligations of the County and City. • As the specifies of each project are determined, a supplemental ILA will be developed addressing those issues, i.e., outlining costs for the City requested items such as althetic amenities (brick pavers, landscaping and such). + The MIL& outlines that the City will use its franchise agreement authority to insure timely adjustments of private utilities. • The MILA outlines that City will adjust or relocate their utilities to accommodate projects. It is noted that certain utility adjustments are eligible for reimbursement by the County, however, betterment improvements are not eligible for reimbursement. The County will make every effort in its design to minimize the impact on publicly owned utilities. These comments hopefully address your concerns. Should you require further clarification, please contact this Department. Si , k en Beene, p. r. Director of Public Works ASB:jdj ebbs.k9riffin.lot TOTAL P.02