Item 4CM E M O R A N D U M
(August 4, 2009)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve Amendment No. 3 to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds
being provided in conjunction with the FM 1938 project
Action
Requested:
Approve Amendment No. 3 to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds
being provided in conjunction with the FM 1938 project
Background
Information:
In March of 2002, the Town of Westlake, the City of
Southlake, the City of Keller and Tarrant and Denton
Counties entered into an inter-local agreement establishing
the project partnership for the F.M. 1938 roadway
improvement project. Tarrant County and Denton County are
assisting with the project ROW acquisition through an Inter-
local Agreement with all three cities.
The design project has had some difficulties over the last
seven years that have caused delays. The project was
divided into two phases with the northern section being
almost entirely in Westlake. The Environmental Assessment
(EA) has been reviewed and approved by TXDOT for
submittal to the Federal Highway Administration. The
Phase I portion of the referenced project is currently
scheduled to be awarded by TXDOT in August of 2009.
In 2008, Tarrant County, Precinct 3 Commissioner Gary
Fickes requested and garnered the support of the Tarrant
County Commissioner’s Court to provide funding in an
amount not to exceed $1,000,000 to be utilized for additional
engineering on this project.
On February 5, 2008, the Southlake City Council approved
Amendment No. 2 to an agreement with the Town of
Westlake, the City of Keller and Tarrant and Denton
Counties dated March 5, 2002 which established the project
partnership for the F.M. 1938 roadway improvement project.
Amendment No. 2 included additional engineering and
subsurface utility engineering services for the F.M. 1938
roadway project.
Amendment No. 3 was requested by Tarrant County for
administrative purposes. It was approved by the Southlake
City Council on March 3, 2009. Tarrant County
Commissioner’s court never acted upon the above
referenced amendment. This new Amendment No. 3
identifies a revised schedule for the allocation of Tarrant
County bond funds as identified in the Second Amendment
to the above mentioned agreement.
Financial
Considerations:
Amendment No. 3 addresses the revised timing of the
expenditure of Tarrant County Bond Funds provided by
Amendment No. 2 to the inter-local agreement. No
additional Tarrant County or City of Southlake funding is
required or being authorized as part of this amendment.
Strategic Link:
Theconstruction of FM 1938 project links to the city’s
strategy map relative to the focus areas of Mobility and
Infrastructure. The specific corporate objectives that are met
by the construction of this new transportation infrastructure
include: Providing travel convenience within the City and
region, as well as, collaborating with select partners to
implement service solutions.
Citizen Input/
Board Review:
None
Legal Review:
None
Alternatives:
The City Council mayedit or reject this amendment.
Supporting
Documents:
Amendment No. 3
Staff
Recommendation:
Approve Amendment No. 3 to the interlocal agreement with
Tarrant County for allocation of Tarrant County bond funds
being provided in conjunction with the FM 1938 project.
Staff Contact:
Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Project Engineer
STATE OF TEXAS §
§
KNOWN ALL BY THESE PRESENTS
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT
This Agreement is made and entered into this ___ day of _______, 2009, by and between the
COUNTY OF TARRANT, acting herein by and through its governing body, the Tarrant County
Commissioners Court, hereinafter referred to as COUNTY, and being a County agency of the State
of Texas, and the CITY OF KELLER, acting through its governing body, the Keller City Council, the
CITY OF SOUTHLAKE, acting through its governing body, the Southlake City Council, and the TOWN
OF WESTLAKE, acting through its governing body, the Westlake Board of Aldermen, hereinafter
referred to as the “CITY” or collectively as the “CITIES”, witnesseth:
WHEREAS, each governing body finds that the performance of this Agreement is in the
common interest of all parties, that the undertaking will benefit the public, and that the division of
cost fairly compensates the performing party for the services of functions under this Agreement;
and
WHEREAS, each governing body, in performing governmental functions or in paying for the
performance of governmental functions hereunder, shall make the performance or those payments
from current revenues legally available to that party; and
WHEREAS, certain improvements to FM 1938 from FM 1709 to SH 114 will require an
Environmental Analysis Study, Subsurface Engineering Study, Engineering Design Fees, Location
Surveys, Preparation of Right-of-Way Data and the Acquisition of certain Right-of-Way; and
WHEREAS, this project is funded with current funds from the COUNTY, CITIES, State of
Texas, and Federal funds; and
WHEREAS, it is agreed that such right-of-way purchase shall be by joint effort of the CITIES
AND COUNTY as defined in this Agreement:
THEREFORE, the acquisition of such right-of-way shall be in accordance with the
terms of this agreement and in accordance with applicable Federal and State laws governing the
acquisition policies for acquiring real property.The CITIES authorize and request the COUNTY to
proceed with acquisition according to the terms and conditions of this agreement. The CITIES and
COUNTY will share the cost of this right-of-way acquisition.
THEREFORE, each city will perform its duties within its respective municipal boundary and
the county will perform its duties with its respective boundary.
THEREFORE, this Agreement terminates the agreement authorized by the Tarrant County
Commissioners Court (Court Order No. 87273) as amended.
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Interlocal Agreement Transportation Bond 2006-2007
1.
: Improvements to FM 1938 will be divided into two phases. Phase 1 extends
southward from SH114 to Randol Mill Road. Phase 2 extends southward from Randol Mill Road to
the intersection with F.M. 1709 generally along Randol Mill Road in Southlake, Texas. All located in
Tarrant County, Texas.
2.
: The CITIES will do the necessary
preliminary engineering and survey work in order to supply the COUNTY the data and
instruments necessary to obtain acceptable title to the desired right-of-way. Engineering and
survey work shall meet minimum State design standards. COUNTY previously paid $150,000 to
the Town of Westlake toward costs incurred for preliminary engineering and survey work under
Tarrant County Commissioner Court Order No. 96362.
3.
: The COUNTY agrees to make a determination of
property values for each right-of-way parcel, which shall be based on the appraised value of a
licensed appraiser and review appraiser. Such work will be performed by the COUNTY at its
expense without cost participation by the CITIES, except that the Town of Westlake will pay all
costs associated with determination of Right-of-Way values for the section of the project that
falls within Denton County so that there will be no cost to Denton County. Such appraisal
reports shall be submitted to the COUNTY when completed.
4.
: The CITIES agree that, if any
CITY desires to purchase more right-of-way than that which is required for the improvements to
FM 1938, the CITY shall be responsible for all increased costs for purchasing said additional
right-of-way. Before the COUNTY performs any work with respect to purchasing additional
right-of-way for the CITY, the COUNTY shall provide the CITY with an estimate of the costs of
such work and receive the CITY’s written approval to proceed with such work.
5.
: The COUNTY agrees to hire title companies acceptable to the COUNTY to
investigate property titles. The COUNTY agrees to purchase a title policy for each parcel
acquired, when deemed necessary. The cost of title investigation, closing costs, recording of
instruments, and the title policy is the responsibility of the COUNTY, except that the Town of
Westlake will pay all costs associated with determination of Right-of-Way values for the section
of the project that falls within Denton County so that there will be no cost to Denton County.
6.
: The negotiation and settlement with the property owner will be the responsibility
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Interlocal Agreement Transportation Bond 2006-2007
of the COUNTY without participation by the CITIES; the COUNTY will provide the labor and
supervisory personnel employed directly by the COUNTY or hire qualified right-of-way
acquisition contractors, at the COUNTY’s sole discretion, necessary for the work. The COUNTY
will deliver properly executed deeds, which together with any curative instruments that are
found to be necessary as a result of the title companies’ requirements that will properly vest
title to the STATE OF TEXAS, for each right-of-way parcel involved. The cost for purchasing the
right-of-way is the sole expense of the COUNTY, except for right-of-way parcels titled in the
name of the CITIES. The CITIES agree to dedicate such parcels at no costs to the COUNTY,
except that the Town of Westlake will pay all associated costs with negotiations and settlement
with the property owners located along the project within Denton County so that there will be
no cost to Denton County.
7.
: Condemnation proceedings will be initiated at a time selected by the COUNTY
after the COUNTY submits documentation to the respective District Attorney’s Office or its
designee, of its failure to negotiate. By law, as taken from Sections 224.001-224.007, and
251.101 of the Texas Transportation Code, the CITIES authorize the COUNTY to condemn
property within the limits of the CITIES. Condemnations will be the COUNTY’s responsibility at
its own expense; however, the CITIES will be available, as needed, to attend condemnation
hearings, pre-hearings, and trials as needed by the COUNTY. The COUNTY will serve notice to
the parties of the condemnation hearings, except that the Town of Westlake will when
necessary initiate proceedings and pay all costs associated with condemnation of properties
located in the project within Denton County so that there will be no cost to Denton County.
8.
: Property owners will be afforded an opportunity in the negotiations to retain
any or all of their improvements in the right-of-way taking. In anticipation of the owner desiring
to retain improvements, the COUNTY’s approved value will include the amounts by which the
offer will be reduced for the retention. In the event the improvements, which are, in whole or
part, a part of the right-of-way taking are not retained by the owner, title is to be secured in the
name of the State of Texas. The COUNTY shall dispose of all improvements acquired.
9.
: If the required right-of-way encroaches upon an existing utility located
on its own right-of-way or on a private right-of-way or easement, and the roadway construction
requires the adjustment, removal or relocation of the utility facility, the CITIES will be
responsible for such relocation at no cost to the COUNTY. The CITIES agree to coordinate all
utility relocations, privately or publicly owned displaced by the project. The CITIES will comply
with all Local, State and Federal Laws that apply to Utility relocations.
10.
: The COUNTY may either pay the property owner for existing right-of-
way fences based on the value such fences contribute to the part taken and damages for an
unfenced condition resulting from the right-of-way taking, in which case the estimated value of
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Interlocal Agreement Transportation Bond 2006-2007
such right-of-way fences and such damages will be included in the appraisal value, or the
COUNTY may do the fencing on the property owner’s remaining property except that the Town
of Westlake will when necessary pay all costs associated with fencing requirements for
properties located in the project within Denton County so that there will be no cost to Denton
County.
11.
: Property owners who are permanently physically displaced from the property
owner’s dwelling or place of business are entitled to Relocation under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A., 4601-4655, and
amendments thereto. The COUNTY will notify the State of Texas of parcels where a person is
displaced from a dwelling or place of business. Relocation Assistance will be the responsibility
of the State of Texas according to Minute Order 108746, passed on December 13, 2001.
12.
: For Phases 1 and 2 TARRANT COUNTY will pay not more than
ONE MILLION DOLLARS ($1,000,000) for the Environmental Analysis Study, the Subsurface
Engineering Study, and for Engineering Design Fees. Phase 1 consists of not more than
$500,000 payable to the Town of Westlake. Payments made under the previous terminated
contracts credit against this total. Phase 2 consists of the remaining funds obligated in this
paragraph payable to the City of Southlake. This funding is provided from the 2006 Tarrant
County Transportation Bond Program Precinct 3 Discretionary Funds, and its disbursement is
governed by the schedule shown in Attachment A.
13.
: It is understood that the terms of this Agreement shall apply to new right-of-way
required for the project which is needed and not yet dedicated, in use, or previously acquired in
the name of the CITIES, COUNTY, or State of Texas for highway, street, or road purposes.
14.
Nothing in the performance of this Agreement shall impose any liability for claims against
CITIES, other than claims for which liability may be imposed by the Texas Tort Claims Act. The
parties to this Agreement do not intend for any third party to obtain a right by virtue of the
Agreement. CITIES agree that COUNTY is relying upon CITIES for notice to proceed with this
project, but COUNTY shall not be required to perform this Agreement within any time limit. By
entering into this Agreement, the parties do not intend to create any obligations, expressed or
implied, other than those set out herein; further, this Agreement shall not create any rights in
any party not a signatory hereto. This Agreement in no way obligates the COUNTY to construct,
maintain or operate the above-described project.
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Interlocal Agreement Transportation Bond 2006-2007
COUNTY OF TARRANT COUNTY OF TARRANT
____________________________ ____________________________
COUNTY JUDGE COMMISSIONER, PRECINCT 3
CITY OF SOUTHLAKE TOWN OF WESTLAKE
____________________________ ____________________________
AUTHORIZED CITY OFFICIAL AUTHORIZED TOWN OFFICIAL
Attest:_______________________ Attest:_______________________
APPROVAL OF CITY ATTORNEY
APPROVAL OF TOWN ATTORNEY
____________________________ ____________________________
CITY OF KELLER
____________________________
AUTHORIZED CITY OFFICIAL
Attest:_______________________
APPROVAL OF CITY ATTORNEY:
____________________________
___________________________
District Attorney's Office*
*
By law, the District Attorney’s Office may only advise or approve agreements or legal documents on behalf
of its clients. It may not advise or approve an agreement or legal document on behalf of other parties. Our
review of this document was conducted solely from the legal perspective of our client. Our approval of this
document was offered solely for the benefit of our client. Other parties should not rely on this approval, and
should seek review and approval by their own respective attorney(s).
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Interlocal Agreement Transportation Bond 2006-2007
Funds Paid To Date:
Fiscal year ending September 30, 2008 $335,926
Phase 1: $335,926
Phase 2: $0
Fiscal year ending September 30, 2009 $67,488
Phase 1: $67,488
Phase 2: $0
Certification of Funds Available as follows:
Fiscal year ending September 30, 2009 $262,586
Phase 1: $96,586
Phase 2: $166,000
All future years funding is contingent on future debt issuance
and renewal of this contract
Fiscal year ending September 30, 2010 $334,000
Phase 1: $0
Phase 2: $334,000
Fiscal year ending September 30, 2011 $
Fiscal year ending September 30, 2012 $
Fiscal year ending September 30, 2013 $
----------------------------------
#
$1,000,000
Certification of Funds for 2009 ______________________
____________________________
Auditor's Office
#
Amount does not include $150,000 identified in Section 2 of this Agreement.
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Interlocal Agreement Transportation Bond 2006-2007
ATTACHMENT A
Project Information
Westlake, Southlake, Keller, Denton County
City:
F.M. 1938 extension from S.H. 114 to F.M. 1709
Project Name:
Proposed Project Schedule
Start Date Duration (mo) End Date *
#
Jan-200828Apr-2010
Design:
-0-
ROW Acquisition:
-0-
Utility Relocation:
-0-
Construction:
*COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable
determination that the work regarding the project phase for which payment is expected is
successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for
all phases of this project, therefore payment remains contingent on debt issuance in
accordance with applicable law.
#
Assumes completion of design elements for Phase 1 and Phase 2.
Proposed County Payment by Phase
$1,000,000
Design:
$
ROW Acquisition:
$
Utility Relocation:
$
Construction:
County Funding
Total: $1,000,000^
Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE)
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
2007$$$
2008$$$333,000$
2009$333,000$$$
2010$334,000$$$
2011$$$$
2012$$$$
2013$$$$
2014$$$$
2015$$$$
2016$$$$
^ Amount does not include $150,000 identified in Section 2 of this Agreement.
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Interlocal Agreement Transportation Bond 2006-2007