Loading...
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. Page 1 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 Page 2 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 Page 3 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. Page 4 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). Page 5 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. Page 6 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. Page 7 Interlocal Agreement Transportation Bond 2006-2007