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Item 5BCity of Southlake, Texas MEMORANDUM March 18, 2003 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, ext. 2308 Subject: Authorize the Mayor to execute an Interlocal Agreement with Tarrant County for the acquisition of easements for the Southlake's redundant water line from Fort Worth to Pearson Pump Station. Action Requested: Authorize the Mayor to execute an Interlocal Agreement with Tarrant County for the acquisition of easements for the Southlake's redundant water line from Fort Worth to Pearson Pump Station. Background Information: Due to its critical nature, Tarrant County has kindly offered to assist the City at no cost to acquire needed parcels for construction of the Redundant Water Supply. As a part of the CIP project entitled Redundant Water Supply, the City of Southlake will be constructing a 42" water line that will bring a second feed of potable water from the City of Fort Worth (Caylor Tank) to Southlake (Pearson Pump Station). Several easements will be needed to construct this project. Financial Considerations: As a result of this interlocal agreement with Tarrant County, Southlake will save a minimum of $16,000 in acquisition costs normally performed by a right of way agent. Citizen Input / Board Review: Not applicable. Legal Review: The City Attorney has reviewed and approved the agreement. Alternatives: Approve or Deny. Supporting Documents: Proposed Interlocal Agreement Location Map of 42" Water Line Staff Recommendation: Authorize the Mayor to execute an Interlocal Agreement with Tarrant County for the acquisition of easements for the Southlake's redundant water line from Fort Worth to Pearson Pump Station. Staff Contact: Pedram Farahnak, P.E., Director of Public Works, ext. 2308 Cc: David Fleming, Construction Manager Valerie Bradley, Assistant to the Public Works Director THE STATE OF TEXAS COUNTY OF TARRANT This Agreement is 20 acting herein by Commissioners Court, City of Southlake, Tarrant County, Stat KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT made and entered into this day of by and between the County of Tarrant, and through its governing body, the hereinafter referred to as COUNTY and the hereinafter referred to as CITY, both of of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Chapter 791, Texas Government Code; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both 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, it is deemed necessary to make certain improvements by constructing a 42 inch water line from the Fort Worth Caylor water tank to the Southlake Pearson pump station, and which Project will necessitate the acquisition of certain easements; and WHEREAS, this Project is funded by the City of Southlake; and WHEREAS, it is agreed that such easement purchases shall be by joint effort of the CITY and COUNTY as defined in this Agreement. For and in consideration of the mutual understandings hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The parties agree that acquisition of such easements 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 CITY hereby authorizes and requests the COUNTY to proceed with acquisition according to the terms and conditions of this Agreement. The CITY and COUNTY agree to share the cost of such easement acquisition according to the provisions outlined herein and agreed to by both parties hereto. 2. Location Surveys and Preparation of Easement Data: The CITY, without cost to the COUNTY, will do the necessary preliminary engineering and survey work in order to supply the COUNTY the data and instruments necessary to obtain acceptable clear title to the desired easements. 3. Determination make a determination of shall be based on the and review appraiser. at its expense without appraisal reports sha completed. of Easement Values: The CITY agrees to property values for each easement, which appraised value of a licensed appraiser Such work will be performed by the CITY cost participation by the COUNTY. Such 11 be submitted to the COUNTY when 4. Title Investigation company acceptable to the titles. The CITY agrees to parcel acquired. The cost of recording of instruments, responsibility of the CITY. . The CITY agrees to hire a title COUNTY, to investigate property purchase a title policy for each title investigation, closing costs, and the title policy is the 5. Negotiations: The negotiation and settlement with the property owner will be the responsibility of the COUNTY without participation by the CITY. The COUNTY will provide the labor and supervisory personnel employed directly by the COUNTY, as well as vehicles necessary for the work. The COUNTY will deliver properly executed Easements, which together with any curative instruments that are found to be necessary as a result of the title company's requirements that will properly vest title to the CITY, for each easement involved. The cost for purchasing the easements is the sole expense of the CITY. 6. Condemnation: Condemnation proceedings will be initiated at a time selected by the CITY after the COUNTY submits documentation to the CITY of its negotiations with the property owners and its inability to acquire the necessary easements from the property owners. Condemnation proceedings will be the CITY'S responsibility at its own expense; however, the COUNTY will be available, as needed, to attend condemnation hearings, pre- hearings, trials and to serve notice to the parties of the condemnation hearings. 7. Improvements: Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the easement taking. In anticipation of the owner desiring to retain improvements, the CITY'S approved value will include the amounts by which the offer will be reduced for the retention of improvements, if applicable. In the event any improvements are, in whole or part, not retained by the owner as part of the easement taking, title is to be secured in the name of the CITY. The CITY shall dispose of all improvements acquired in its sole discretion. 8. Relocation of Utilities: If the required easement encroaches upon an existing utility located on its own easement or on a private easement, and the roadway construction requires the adjustment, removal or relocation of the utility facility, the CITY will be responsible for such relocation at no cost to the COUNTY. If it becomes necessary to acquire a private easement outside the acquired easement, the COUNTY will, upon request by the CITY, negotiate such acquisition under the same terms as set forth in this Agreement. 9. Fencing Requirements: The CITY may either pay the property owner for existing easement fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the easement taking, in which case the estimated value of such easement fences and such damages will be included in the appraised value, or the CITY may construct the fencing on the property owner's remaining property. 10. Termination: This Agreement shall terminate automatically upon the completion of the acquisition of all easements for the Project. Additionally, this Agreement may be terminated, without reason, by the CITY or COUNTY, at any time after its execution. If the Agreement is terminated by either party hereto, any and all obligations set forth herein shall become the sole obligation and responsibility of the CITY. 11. Miscellaneous Provisions: It is understood that the terms of this Agreement shall apply to new right -of -way authorized and requested by the CITY which is needed and not yet dedicated, in use, or previously acquired in the name of the CITY for highway, street, or road purposes. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY, other than claims for which liability may be imposed by the Texas Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against CITY, 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. CITY agrees that COUNTY is relying upon CITY 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 COUNTY to construct, maintain or operate the above - described project. This Agreement shall be governed by the laws of the State of Texas, and venue shall reside in Tarrant County. The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph or other part of this Agreement should be determined to be invalid by a Court or a Federal or a State agency, Board or Commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. This written agreement constitutes the entire agreement between the parties, and any prior oral or written agreement which purports to vary from the terms hereof shall be void. In witness whereof, the parties hereto have executed this Agreement on this day of , 2003. COUNTY OF TARRANT COUNTY JUDGE COMMISSIONER, PRECINCT THREE GLEN WHITLEY Approval Form for District Attorney Assistant District Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract 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 attorney. CITY OF SOUTHLAKE MAYOR ATTEST: CITY SECRETARY 3 — �7 J 1\ { i 1 +. 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