Item 10DCity of Southlake, Texas
MEMORANDUM
TO: Billy Campbell, City Manager
FROM: Bruce Payne, Planning Director
SUBJECT: Consider agreement with the cities of Southlake, Westlake, Keller, and Tarrant County
for the expansion of F.M. 1938
Action Requested: Consideration of Interlocal Agreement
Background
Information: The interlocal agreement is between the cities of Southlake, Keller, and Westlake,
and Tarrant and Denton Counties, so that each local government is aware of and
agrees to their specific responsibilities necessary to complete the FM 1938
Project. Commissioner Glen Whitley initiated the agreement due to concerns
over the language in the Texas Transportation Commission's Minute Order that
authorized TxDOT to proceed with the project.
Financial
Considerations: None.
Citizen Input/
Board Review: None.
Legal Review: Completed.
Alternatives: None.
Supporting
Documents: Interlocal agreement, attached.
Staff
Recommendation: Recommend approval of attached interlocal agreement.
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL BY THESE PRESENTS
INTERLOCAL AGREEMENT
This Agreement is made and entered into on the date it is fully
executed by all parties hereto, by and between the COUNTY OF TARRANT,
acting herein by and through its governing body, the Tarrant County
Commissioners Court, the COUNTY OF DENTON, acting herein by and
through its governing body, the Denton County Commissioners Court,
both hereinafter referred to as COUNTIES, and both being political
subdivisions 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 Alderman, hereinafter referred to as CITIES, all
being municipalities of the State of Texas, 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, it is deemed necessary to make certain improvements to
FM 1938 from FM 1709 to SH 114 and which improvements will necessitate
the acquisition of certain right -of -way; and
WHEREAS, this project is funded with current funds from the
COUNTIES, 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 COUNTIES as defined in this Agreement:
NOW THEREFORE, be it agreed that 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 hereby
authorizes and requests the COUNTIES to proceed with acquisition
according to the terms and conditions of this agreement. The CITIES
Interlocal Cooperation Agreement
Page 1 of 6
and COUNTIES agree to share the cost of such right -of -way acquisition
according to the provisions defined below;
NOW THEREFORE, be it agreed that each city will perform its
duties as defined below within its respective municipal boundary and
each county will perform its duties as defined within its respective
county.
Fu
Location Surveys and Preparation of Right -of -Way Data: The
CITIES, without cost to the COUNTIES, will do the necessary
preliminary engineering and survey work in order to supply the
COUNTIES 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.
PIZ
Determination of Right -of -Way Values: The COUNTIES agree 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 COUNTIES 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 COUNTIES when completed.
3.
Right -of -Way Values Influenced by City Rules, Orders, and Policy:
The CITIES agree that, in the event any existing, future, or proposed
City order, policy, or other directive which, are more restrictive
than State law, policy, or directive, and thereby results in any
increased costs for right -of -way acquisition, then the CITIES will pay
one hundred percent (1000) of all such increased costs. The amount of
the increased costs associated with the existing, future, or proposed
City order, rule, policy, or other directive will be determined by the
COUNTIES and the COUNTIES independent appraiser.
4.
Title Investigation: The COUNTIES agree to hire title company's
acceptable to the COUNTIES, to investigate property titles. The
COUNTIES agree 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 COUNTIES, 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.
Interlocal Cooperation Agreement
Page 2 of 6
5.
Negotiations: The negotiation and settlement with the property
owner will be the responsibility of the COUNTIES without participation
by the CITIES; The COUNTIES will provide the labor and supervisory
personnel employed directly by the COUNTIES or hire qualified right -
of -way acquisition contractors, at the COUNTIES sole discretion,
necessary for the work. The COUNTIES will deliver properly executed
deeds, 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 STATE OF TEXAS, for each right -of -way
parcel involved. The cost for purchasing the right -of -way is the sole
expense of the COUNTIES, 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 COUNTIES, except that the Town of Westlake will pay all
costs associated 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.
W
Condemnation: Condemnation proceedings will be initiated at a
time selected by the COUNTIES after the COUNTIES submit documentation
to the respective District Attorney's Office or its designee, of its
failure to negotiate. By law, pursuant to Chapter 251 of the Texas
Transportation Code, the CITIES authorize the COUNTIES to condemn
property within the limits of the CITIES. Condemnations will be the
COUNTIES 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 COUNTIES. The COUNTIES 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.
7.
Improvements: 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 COUNTIES 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 COUNTIES shall dispose of all
improvements acquired.
8.
Relocation of Utilities: 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
Interlocal Cooperation Agreement
Page 3 of 6
requires the adjustment, removal or relocation of the utility
facility, the CITIES will be responsible for such relocation at no
cost to the COUNTIES. 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.
0
Fencing Requirements: The COUNTIES 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 such right -of -way fences and such damages will be included in
the appraised value, or the COUNTIES 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.
10.
Relocation: 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 COUNTIES 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.
11.
General: 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, COUNTIES, or State of Texas for highway, street, or road
purposes.
12.
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
COUNTIES are relying upon CITIES for notice to proceed with this
project, but COUNTIES 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
Interlocal Cooperation Agreement
Page 4 of 6
herein; further, this Agreement shall not create any rights in any
party not a signatory hereto. This Agreement in no way obligates the
COUNTIES to construct, maintain or operate the above - described
project.
COUNTY OF TARRANT COUNTY OF DENTON
COUNTY JUDGE
Date:
COUNTY JUDGE
Date:
Attest:
Attest:
County Clerk /Deputy County Clerk /Deputy
CITY OF KELLER
TOWN OF WESTLAKE
AUTHORIZED CITY OFFICIAL AUTHORIZED TOWN OFFICIAL
Date: Date:
Attest:
Attest:
APPROVAL OF CITY ATTORNEY: APPROVAL OF TOWN ATTORNEY:
CITY OF SOUTHLAKE
AUTHORIZED CITY OFFICIAL
Date:
Attest:
Interlocal Cooperation Agreement
Page 5 of 6
APPROVAL OF CITY ATTORNEY:
Approval Form for TARRANT COUNTY 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.
Approval Form for DENTON COUNTY 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.
Interlocal Cooperation Agreement
Page 6 of 6