Number 02DALLAS COUNTY
PUBM WORKS
ryrs��
Mr. Frank Tcando
Deputy City Manager
city of Coppell
P. 0. Box 478
Coppell, Texas 75019
Dear Mr. Trando:
Attached is a copy of the executed Interlocal Contract between
the County of Dallas and the City of Coppell for the projects in
the 1985 Dallas County Capital Improvement Program. Also
attached for your records is a copy of the Commissioners' Court
order No. 89-363, dated February 27, 1989, authorizing execution
of the contract by the County.
If you have any questions in this regard, please feel free to
contact me.
Sincerely,
J. W%o Bryan, P.E. X_
Director of Public Works
EE
Attachments
411 Elm Street
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STATE OF TEXAS
00UV,rY OF' DALLAS I
BE IT
d. 7i" at a regular meeting of the Commissioners, Court of Dallas
0OUnty'r Texas, held on the 27th — day of —February 1989 on motion
John WIIP_ Price, CommUsloner of District No. 3 and seconded by
Jim Jackson. Commissioner of District No. 1 , the following Order was adopted:
WHEVEAS, on April 6, 1985, the voters of Dallas County approved the 1965 Dallas
County Capital Improvement Program which includes auth*rization for local
govecrwmit participation on State Department of Highways and Public
Transportation pco3wt,% and in the improvements of bridges and major
tJ1orQvqhfares,. ar4
WIF-REAS, many (if these prajects lie within the corporate limits of variova cities
in the county-, and
WdEREAS, pursuant to Article 4413(32c)VACS, Intatlocal Cooperation and AQ0
No, H-1018(1977), the County of Dallas desicas to enter into Interlocal
Contcactz with these cities to peavide for this pettiCipation in the
cities' major thoroughfare system as part of the county-wide road
-system-, and
WHEREAS, the City of Coppell has executed the attached contract, and the Direct
3. • - or
of Public Works reCCM*nd8 its execution by the COUnty Judge on behalf of
Dallas county.
IT IS
®. ORi. .. ..�, AWUDM AND DEY by the Dallas county comissicners,
Court that the County Judge is authorized to execute the Int*clocal Contract with
the City of Coppell for the projects in the 1985 Dallas County Capital Impcovem*nt
Program.
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Fhe City With A Bea;Jiful Future
February 15, 1.989
Bud Beene, Project Manager
Dallas County Public Works
161 Commerce
Dallas, TX 75207
Dear Mr. Beene:
D
L F 7- or'I/c3 Pl, A6E� -('
O 0A 1.LAS cialy� lrTrQLorkl-
AG arr -mom
P.O. Box 478 Ni�T�iiRQ
Coppell, Texas 75019
214- 462- 0022
Enclosed are two (2) original copies of the Interlocal Contract and
Supplemental City /County Agreement with Dallas County for the Beltline
Road Improvement Project which was passed and approved by the City
Council of the City of Coppell at their regular scheduled meeting of
February 14, 1989.
Upon execution by the County of Dallas please return an original copy
for our records to City Secretary Dorothy Timmons.
Should you have any questions, please let me know.
Sincerely,
Linda Grau
Assistant City Secretary
cc: Alan D. Ratliff, City Manager
Frank Trando, Deputy City Manager /Finance Director
Russell Doyle, City Engineer
Enc.
BB /LG/121589
1088M
E,TATE OF TEXAS ,
COUNTY OF DALLAS )
SUPPLEMENTAL
CITY /COUNTY AGREEMENT
WHEREAS, the City of Coppell, Texas, hereinafter called
"City ", and the County of Dallas, Texas, hereinafter called
"County ", want to enter into an agreement for the construction of
paving, storm drainage and bridge improvements in connection with
the Belt Line Road Project 490 -403 from MacArthur Boulevard to the
1985 Coppell East City Limits in District 1 of the County of
Dallas, Texas; and
WHEREAS, pursuant to Proposition II of the 1985 Dallas
County Thoroughfare Bond Program the County has funding to design
and construct 4 -lane divided urban thoroughfare with 6 -lane bridge
along Belt Line Road from Denton Tap Road to the 1985 Coppell East
City Limits; and
WHEREAS, the City has requested the scope of the project be
revised to design and construct a 6 -lane divided urban
thoroughfare with 6 -lane bridge from MacArthur Boulevard to the
1985 Coppell East City Limits, hereinafter called "Work "; and
WHEREAS, the Interlocal Cooperation Act, Article 4413 (32c)
Annotated Vernon's Civil Statutes provides authorization for any
local government to contract with one or more local governments
to perform governmental functions and services under the terms of
the ACT;
NOW THEREFORr,, THIS AGREEMENT, is her"y made and entered
into by City and County and for the mutual consideration stated
herein:
W I T N E S S E T H:
I.
County hereby agrees, based upon competitive bid prices,
acceptable to the City and County, to award a single construction
contract for Belt Line Road Project 490 -403 from MacArthur
Boulevard to the 1985 Coppell East City Limits.
II.
County hereby agrees to provide funding for the Work
pursuant to Proposition II of the 1985 Dallas County Thoroughfare
Bond Program and to provide the construction contract
administration in accordance with the plans and specifications for
Belt Line Road Project 490 -403.
III.
City hereby agrees to provide funding for construction
costs in excess of that funded by County pursuant to the 1985
Dallas County Thoroughfare Bond Program for Belt Line Road Project
490 -403. The City's share based on the lowest and best bid
received on December 8, 1988 is $202,960.00.
IV.
City hereby agrees to establish in an escrow account,
funding necessary to supplement County funding for a construction
contract prior to award of same contract by County.
V.
County hereby agrees to bill City for City's share of the
Work based on the monthly estimate -of- construction payment during
construction phase.
VI.
City hereby agrees, when the Work is substantially completed in
accordance with the plans and specifications, to accept the
;project and the maintenance thereof.
VII.
County hereby agrees to immediately advise City of any and
all design changes which may occur during construction
VIII.
City hereby agrees to be responsible for design changes
and /or for increases in quantities of construction requested by
the City and to provide for additional funding necessary thereby.
Executed this the .IV, day of 4
1989, by the City of Coppell, pursuant to City Council
Resolution ��'�, and by the County of Dallas, pursuant
to Commissioners' Court Order No. on this
the day of 1989.
CITY OF COPPELL COUNTY OF DALLAS
APPROVED AS TO FORM:
iw
Lee F. Jackson, County Judge
7/3/86
INTERLOCAL CONTRACT
WHEREAS, on April 6, 1985, the voters of Dallas County voted
approval of the Election Order for the 1985 Dallas County Capital
Improvement Program which includes the authorization for local
government participation with the State Department of Highways and
Public Transportation (Proposition 1) and participation in the im-
provement of Bridges and Major Thoroughfares (Proposition 2) which
lie 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, here-
inafter referred to as "City," and the Dallas County Commissioners
Court, hereinafter referred to as "County," to enter into an agree-
ment regarding participation in the improvement of said City's
major thoroughfare system as a part of countywide road system, pur-
suant to Article 4413 (32c) VACS, Interlocal Cooperation and AGO
No. h -1018 (1977); and
WHEREAS, said Election Order includes authorization for the
issuance of bonds for the purpose of the construction of State De-
partment of Highways and Public Transportation (SDHPT) projects
and major thoroughfares and bridges throughout Dallas County in-
cluding the following:
Proposition 2
Project No. 403 - Belt Line Road
(Denton Tap Road to Coppell City Limits)
and
Denton Tap Road
(Belt Line Road to County Line)
NOW, THEREFORE, in consideration of the mutual covenants,
agreements and promises herein contained, County and City do here-
by agree as follows:
PROPOSITION 1
STATE HIGHWAYS AND FEDERAL AID URBAN SYSTEMS THOROUGHFARES
I. 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 State Department of High-
ways and Public Transportation ( SDHPT) to the extent of
funding authorized by the 1985 Election Order; to provide
for the acquisition of right of way on State Highway
projects if and when specifically requested by the SDHPT
and approved by the Commissioners Court; and to provide
for the local share of construction costs required by
the SDHPT on all State Highway projects to the extent
authorized by the Election Order, except for new side-
walks, traffic control items, street lighting or other
items specifically requested and not paid for by the
State, which will be reimbursed to the SDHPT and /or the
County by the City.
B. To provide for the cost of the acquisition of any addi-
tional right of way and the local share of construction
costs associated with the Federal -Aid to Urban Systems
(FAUS) projects authorized by the SDHPT and the City;
provided, however, that such cost shall not exceed the
2
funding authorized by the 1985 Election Order. Any new
sidewalks and other items specifically required by the
City and not paid for by the SDHPT will be reimbursed
by the City to the County.
C. To execute the necessary agreements concerning the State
Highway and FAUS projects with the SDHPT as authorized
by the Dallas County Commissioners Court and the Election
Order.
II. City agrees as follows:
A. To execute the necessary agreements with the SDHPT and
to make'a detailed review of and approve the proposed
right of way alignment and construction drawings for all
State Highway and FAUS projects within the City as de-
veloped by the SDHPT.
B. To acquire rights of way required for the proposed State
Highway and FAUS construction projects through voluntary
dedication and /or the subdivision platting process 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 FAUS proj-
ects within City's municipal limits to adjust and /or
3
relocate said utilities as required by the proposed
widening or improvement of the designated FAUS project.
City shall require the adjustment and /or relocation of
utilities to be accomplished and finalized as expedi-
tiously as possible after approval of final plans but in
no event later than 12 months after receiving notifica-
tion 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 FAUS 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 ac-
ceptable 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 here-
in, all costs for adjustment and /or relocation of utili-
ties in the public right of way shall be the responsi-
bility of the utility owner or of the City. In the event
that the utilities are not adjusted or relocated within
12 months after the County's written notification is
4
received, City will initiate legal action to compel the
adjustment or relocation of the utilities by the utility
owner or, if necessary to prevent delays in the commence-
ment 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 SDHPT, to take such action as
appropriate to cause any and all encroachments on the
rights of way to be removed prior to starting construc-
tion 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 desig-
nated FAUS project within City's municipal limits upon
completion and acceptance of construction by the SDHPT,
regulate traffic and prevent encroachment on the right
of way, all in accordance with government policies and
regulations of the SDHPT.
PROPOSITION 2
BRIDGES AND MAJOR THOROUGHFARES
:[II. County agrees as follows:
A. To provide preliminary engineering plans which will de-
fine the location, scope of work and specific right of
5
way alignment for each project for approval by the City,
prior to proceeding with the final design and right of
way acquisition.
B. To provide for the construction of improvements for
thoroughfares, bridges, storm drainage systems and asso-
ciated improvements to driveways and sidewalks based
upon design criteria conforming to City ordinances and
standards. Where City standards do not exist, County
standards shall be utilized. Deviations from City stan-
dards and /or design criteria shall require prior approval
of the City. The County will not be required to bear the
costs of any additional lanes of traffic, new driveways,
sidewalks, traffic control or street lighting.
C. To submit final engineering plans for review and approval
by the City prior to advertising for construction or
award of a construction contract.
D. To provide for the acquisition of the necessary additional
right of way,on designated projects,in accordance with
minimum standard requirements and utilizing existing pub-
lic right of way to the maximum extent possible.
E. To coordinate with the City with regard to utility ad-
justments 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.
n.
F. To require all contractors to secure all necessary per-
mits required by the City on said construction projects.
G. To furnish "as built" reproducible drawings of construc-
tion plans for the permanent records of the City.
TV. City agrees as follows:
A. To authorize the County to construct thoroughfares upon
the right of way alignment as 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.
B. To establish in writing prior to commencement of project
design such requirements as may be desired by the City
for those additional facilities affecting traffic con-
trol devices, additional lanes, traffic street lighting,
new utilities, new sidewalks and other systems associated
with the project. When these features are requested by
the City for inclusion as part of the design and /or con-
struction contract, the costs therefor shall be borne
-by the City. City shall execute the necessary separate
agreements outlining funding participation on designated
projects.
C. To acquire rights of way required for the proposed con-
struction of thoroughfares, bridges, storm drainage sys-
tems and associated improvements through the voluntary
dedication and /or the subdivision platting process 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.
D. To require all utilities located within or using the pre-
sent public right of way on all designated projects with-
in its municipal limits to adjust and /or relocate said
utilities as required by the proposed widening or improve-
ment of the designated project. City shall require the
adjustment and /or relocation of utilities to be accom-
plished and finalized as expeditiously as possible after
approval of final plans but in no event in excess of 12
months of receiving notification in writing from County
that acquisition of additional right of way for the desig-
nated project has been completed. In cases where a fran-
chised 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 responsibilities of the utility owner or the City.
In the event that the utilities are not adjusted or re-
located within twelve 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 necessary to prevent delays
in the commencement or prosecution of construction on
the project, will itself adjust and relocate said utilities.
E. 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 on the rights of way and, when requested
by the County, take such action as appropriate to cause
any and all encroachments on the rights of way to be re-
moved prior to starting construction of the designated
projects. City will provide for the continuing mainte-
nance of all existing rights of way, such as mowing,
drainage, trash removal, etc., during the period between
acquisition and construction.
F. To make a detailed review of and approve the proposed
right of way alignment and construction drawings for all
designated thoroughfares within a reasonable time period.
G. To resume responsibility for the maintenance of bridges,
thoroughfares and associated construction within City's
E
municipal limits upon final inspection and acceptance of
the construction by the County and City.
ATTZSTz
FOR THE ciry OF.
M, 11 -
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qmty 4-
DOPUtY CD =ty Clerk
Clerk of Cmmissioneml Court
RE
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