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Resolution 2014-23RESOLUTION NO. 2014 -23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH COLLIN COUNTY, TEXAS FOR ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement between the City of Wylie, Texas and the Collin County, Texas for Road Improvements in accordance with Court Order No. 97- 576- 08 -25, which is attached hereto as Exhibit "A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of September, 2014. Eric Hogue, M ATTEST TO: Carole Ehrlich, C' ecretary Resolution No. 2014 -23(R) Interlocal Agreement with Collin County Road Improvements in accordance with Court Order No. 97- 576 -08 -25 OF �V p err" i SrAPE OF Ttix EXHIBIT "A" Interlocal Agreement 563458 -1 INTERLOCAL COOPERATION AGREEMENT Whereas, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act "), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution ") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and /or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act: and WHEREAS, the functions and /or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and /or services contemplated by the terms of the Act and are functions and /or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFOR, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas a political subdivision of the State of Texas, and the City of Wylie, political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and /or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97- 576 -08 -25 (COPY ATTACHED). II. As consideration for the above - described governmental functions and /or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. III. Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and /or services under this Agreement, to the extent allowable by law. IV. This Agreement shall be effective October 1, 2014, or from the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivision who are parties hereto and shall remain in effect through September 30, 2018 unless terminated by either party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a non - appropriation by the paying party, the performing party shall be relieved of it responsibilities hereunder as of the first day of the fiscal year of such non - appropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this agreement. Date: Date: COLLIN COUNTY, TEXAS By: Title: County Judge CITY OF By: Title: COURT ORDER NO. 97- 6 -06 -2 THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED COUNTY ROAD POLICYIRESCIND PREVIOUSLY APPROVED,IZOURT ORDERS COUNTY OF COLLIN COUNTY ROBp SUPERINTENDENT On August 25. 1997, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and participating, to wit. Ron Hams Phyllis Cole County Judge, Presiding Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Jack Hatchell Commissioner, Precinct 3 Commissioner, Precinct 4 During such session the court considered a request from the County Road Superintendent for approval to rescind previously adopted court orders pertaining to County Road Policies, furthermore, adoption of a revised County Road Policy. Thereupon, a motion was made, seconded and carried with a majority vote of the court to adopt a revised County Road Policy effective October 1, 1997, and rescind previously adopted court orders pertaining to same. Same is hereby approved in accordance with the attached documentation. . I)A--" - a6mmi ss oner, c . Jack HetchbK?Commissioner, Pct. ATTEST: 4114 I110 ,,., 0.0 Helen Starnft, Ex-Officilb Commissioners' Court i a: Collin County, T E X A S • COUNTY ROAD • POLICIES • C mdAslmer Cole August 25, 1997 TABLE OF CONTENTS County Road Policies (General) Section 1 Maintenance of Public Roads Page l Section 11 Upgrade of County Roads Page 1,2 Section III Reopening of County Roads Page 2 Section IV Abandonment of County Roads Page 2 Section V Subdivisions Page 2,3 Section VI Right -of -Way Page 3 Section VII Other Cost Page 3 Section VIII County Projects Page 3 Section IX Extending the Length of a Road Project Page 3 Section X Signs Page 4 Section XI Reimbursement by Property Owners Page 4 Section XU Culverts Page 4 Section XIII Extenuating Circumstances Page 4 Application for Road Upgrading Page S General Requirements for Upgrading County Roads Page b Upgrading/Acoeptance of Private Roads in Recorded Subdivisions Page b Costs Page 7 • County Road Policy (Cities) Section I Maintenancdimprovements to Roads Within City Limits Page 8 Section II Reimbursement for Work Performed by Collin County Page 8 County Road Policy (Oiling/Dust Control) Section 1 Oiling of County Roads Page 9 Application for Road Oiling Due to Chronic Respiratory Condition Page 10 Assessment Policy for Subdivision Roads Section 1 Assessment to Upgrade Roads in Subdivisions Page 1 l Section II Assessment Procedures Page 11,12 Section III Appeals Page 12 Section 1V Liens Page 12 Section V Acceptance Page 12 Section VI Status ofRoadway after Acceptance Page 12 Section VII Reimbursement of Funds Page 13 COUNTY ROAD • POLICIES (GENERAL) • it 1 i§ 4a 114116-1113 all . Section 1 Maintenance of Public Roads A. All public roads located in unincorporated area of Collin County which are determined by the Commissioners' Court to be county roads, will be maintained by the County. All others shall be considered private roads and will not be maintained by Collin County. B. Roads or sections of roads which are bordered by a city or cities shall not be maintained by Collin County as follows: (a) Any portion of a public road which has been annexed by a city or cities shall not be maintained at county expense. (b) Public roads or portions of public roads which are bordered by a city or cities on one side will be considered to He in an incorporated area from the centerline of the public road to the city border. That portion which is considered to be in an incorporated area shall not be maintained at county expense. (c) Public roads or portions of public roads which are bordered by a city or cities on both sides will be considered to he in an incorporated area and shall not be maintained by Collin County. Section 15 Upgrade of County Roads A. Commissioners' Court will consider upgrading a rock road to an asphalt road provided one of the following conditions are met: (a) Roads with traffic counts of ISO cars per day or greater, which by the determination of Commissioners' Court, should be asphalted due to maintenance costs or other appropriate criteria when the adjacent property owners donate the right -of -way described in Section VI of this policy; or; (b) Roads not on the Collin County Thoroughfare Plan with traffic counts of 125 can per day or greater, which when determined by the Director of Public Works (County Road Supt.) to have adequate width and drainage can be asphalted due to maintenance costs or other appropriate criteria without obtaining additional right -of -way; or; (c) Roads with traffic counts of 100 cars per day or greater can be asphalted when the adjacent property owners donate the right -of -way described in Section VI of this policy; or, (d) When the adjacent property owners donate the right -of -way described in Section VI of this policy and reimburse the County for the cost of materials required to upgrade the subject road to asphalt by current county standards. To be considered for asphalt, a road must tie into an existing asphalt road, unless the road in question is a "Dead End" road. A "Dead End" road which does not tie into an existing asphalt road can be upgraded, provided its entire length is asphalted. A cul- de-sac shall be required when a dead end road is upgraded. Bad!= n CGdk W B. The Commissioners' Court will consider upgrading a dirt road to a rock road provided that the adjacent property owners: (a) Donate the right -of -way described in Section VI of this policy, and (b) Reimburse the county for the cost of materials to upgrade the subject road to the appropriate depth and width ofrock Section M Re- opening of County Roads The Commissioners' Court will consider re-opening a county road which has not been maintained by the county in the last 10 years provided that the adjacent property owners: (a) Donate the right -of -way described in Section VI of this policy, and (b) Reimburse the County for the total cost of improvements if the road is to be improved from its existing state Section N Abandonment of County Roads The Commissioners' Court. by unanimous vote, may abandon a county road upon following procedures required by Vernon's Civil Statute's and the Texas Transportation Code. Section V Subdivisions • A. To be considered for maintenance by Collin County, private roads in recorded subdivisions must be asphalt and moot current county standards in regards to width, drainage, culverts, base material type and thickness. B. Private roads in subdivisions which were filed in the County Clerk's Office prior to May 18, 1991 will be accepted for maintenance by the county provided there is adequate right -of -way, the roads are asphalt and meet current county standards. C. Private roads in subdivisions which were approved by ComnnssioneW Court and filed in the County Clerk's Office prior to October 23, 1995 will be accepted for maintenance provided such roads are asphalt and have been built and maintained to county standards. D. Private roads in subdivisions which were filed in the County Clerk's Office after May 18, 1981 that were not approved by Commissioners' Court shall meet the following conditions prior to acceptance: (a) Road right -of - -ways must be dedicated to the public and accepted by Commissioners' Court (b) Roads must be asphalt and meet current county standards as described in this policy L• Private roads in recorded subdivisions which do not meet county standards can be considered for maintenance by the county provided the landowners donate additional right -of -way, when needed, and provide total funding to upgrade such roads to county standards. Page 2 veewbow F. Private roads in unrecorded subdivisions will not be upgraded by Collin County under this policy. To be accepted for maintenance, the subdivision must be platted and the roads • constructed, by a private contractor, in accordance with the CoMn County Subdivision Regulations Section VI Right -of -Way A. Right -of -Way shall be in the following form: (a) Right -of -Way which is donated may be in Deed or Easement form; or (b) Right -of -Way which is purchased through negotiations or by eminent domain shall be in Deed form with an actual ownership .(Title) transfer of the land. B. Right -of -Way Width (a) The right -0f - -way width for roads on the Collin County Thoroughfare Plan shall conform to Collin County design standards. (b) The right -of -way width of roads to be upgraded which are not on the Collin County Thoroughfare Plan shall be a minimum of (60) sixty fed. (c) When a road which is not on the Collin County Thoroughfare Plan is a candidate for upgrading, the requirements for right -of -way may be waived by Commissioners' Court provided the required pavwmt width and drainage are adequate within the Wsting • right -of -way. (d) Right -of -way widths may be waived by Commissioners' Court upon review of engineering information which indicates a different width is appropriate. • Section VII Other Cost The cost involved for surveying, to prepare Deeds or Easements, re- locate fences, utilities (if in a private easement beyond the existing prescriptive right -of -way), culverts or other existing improvements may be borne by the county if such cost does not exceed twenty-five percent (25 %) of the total project cost. When property owners are required to incur total cost to upgrade a road, the above cost shall not be borne by the County. Section VIII County Projects All projects shall be brought to the attention of Commissioners' Court for consideration. Section U Extending the Length of a Road Project A road project which has been approved by Commissioners' Court may be extended in length when approved by the Director of Public Works (County Road Superintendent), provided that all requirements outlined in this policy have been met. POV s Section X Signs Regulatory and warning signs placed along county roads shall be in accordance with the Texas • Manual on Uniform Traffic Control Devices. 0 Section XI Reimbursement by Property Owners Upon Commissioners' Court approval of a road project which requires t+eimbutt+amont from the adjacent property owners, the property owner involved must place the required amount of money in escrow in a Collin County bank and provide the required right -of -way prior to the commencement of the project. Section XII Culverts Drive culverts within county road right -of -ways shall be permitted and sized by the County. Only corrugated metal or high - density polyethylene culverts will be pamitted Culverts Shall be a minimum of thirty (30) feet in length unless the driveway over the pipe is concrete. In which case, the culvert tray be the width of the driveway. New drive culverts nwa be installed at the expense ofthe property owner. Existing culverts within county mad right -of- ways will be replaced as needed by the County at county expanse. Section X111 Extenuating Circumstances Any extenuating circumstances not covered under this policy Shall be brought to the attention of Commissioner' Court for consideration Prue 4 • Requedere Nave: Mailing Address: _ Dneti Hoax Phone work Pbooe mdaquw 'type of WVu& ra*ws od: Dirt tb PA* Dltt 10 Asphdt Rods to AVbdt Prilvate Walla County Road No/Natne: sdxsvlsiets Name: LocatioNEment of Roads) to w upgraded: U Road on YbotvW= Plan T Yes No R101 -cf WAY RDW*M& Comments: • Wity Commeols: CLlven/Draituge Convents: Fence Contents: Initial Cost Estimate: Materials Labor Other Total • Comments Prepared By: Date: Date Mailed: rose 3 • An application requesting a road upgrade must be submitted to the Public works D mwtmatt specifying the location and approximate length of road or section of road to be upgraded. If more than one person is involved, please designate a single contact. An approximate cost estimate with right -of -way requirements will be prepared by the Public Works Department and salt to the requester. To proceed with the upgrade, the Public Works Department must be notified in writing of the requester(s) willingness to pay for material costs and donate right -of -way, when applicable. The request will be brought to the attention of Commissioners' Court for oonsrderadon. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided, if different than the original esftmate. Right-of-Way dooumertts, when requtred, will be prepared by Collin County for signature. Money for material costs shall be placed in an escrow account by the requester(s). The project will be scheduled for construction after these item have been addressed. Subdivision must be rworded and tneet the regWroments specified in Section V ofthe County Road policies. All roads in the subdivision must be upgraded / accepted. Minimum right -of -way width shall be sixty (60) feet as required by Section VI.B.,(b) of the County Road Policies. When engineering information indicates that the existing right -of- -way is not adequate, additional right-of- -way will be required. A request must be submitted to the Public Works Department specifying the name and location of the subdivision in question. Please designate a single contact person for the county regarding this project. An approximate cost estimate will be prepared by the Public Works Department and sent to the requester. To proceed, the Public Works Department must be notified in writing ofthe requester(s) willingness to pay for all costs involved with the upgrade. The request will be brought to the attention of Commissioners' Court for approval. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided if different from the original estimate. . Money must be placed in an escrow account prior to the project being scheduled. If applicable, all fences, utilities or other improvements must be relocated prior to scheduling. Pape 6 • Since material oosts fluctuate, the written oost estimate we have provided you will be honored for the period indicated (typically 6 months). The cost estimate for materials wM be based on the type upgrade requested. Dirt to Rock A blend of (6" loose) crushed native white rock with (3" loose) flux base to improve traction and mioirniza dust. Dirt to Asphalt: A blend of (4" compacted) cYUSirod native wWternck with W compacted) flex base and two Layers of NO& surface tr+eatnKnt. Pto 14 AnUf: Two layers of asphalt suafaoe treaunew, any additio ad rook will be paid for by Collin County since it is an odsft rock road. Prime good in Recorded Subdivision! Since Conditions vary, subdivisions will be evaluated On a can by case basis. iif you have any additional questions. please feel free to Can the Public Works Depaurtawd at Metro 4241460 ext. 3700 or (972) 548 -3700. Mail or Fax Application To: CoUin County Service Center 700A West Wilmeth Road McKinney, Texas 75069 Fax Number (972) 548 -3754 L� Pap 7 • COUNTY ROAD POLICY � (CITIES) 1 )► y 1 1 Section I Maintenancdlmprovements to Roads Within City mits A. Each city in Collin County is responsible for maintaining the roads and bridges within their city limits. B. Commissioners' Court desires that a consistent policy be continued concerning road work performed by the county within the corporate limits of cities as Collin County has limited funds, personnel and equipment available for these projects. C. Commissioners' Court may consider mating or participat'wg in improvements to roads and bridges within the corporate limits of a city as follows: (a) General maintenance items to include rocking, grading. asphalt WM up, sealeoating, oiling for dust control, installation of culverts, cleatung of draboge ditches, mowing or brushoutting and emergency repairs to bridges. (b). Major improvements such as the construction or reconstruction of roadways will only be considered If the road is on the Collin County Thoroughfitre Plan. D. A city must be entered into an Iintertocal Cooperation Agreement with Collin County prior to work being performed by Collin County for that city. E. All requests must be submitted to the Director of Public Works by April l st of the year prior to the year improvements are desired to be made. Emergency requests will be evaluated by Commissioners' Court upon the merits presented by the requesting city. F. Authorization for work in cities can only be given by Commissioners' Court. Section n Reimbursement for Work Performed by Collin County A- Costs for road and bridge repairs or improvements will be as follows: (a) Cost of materials used for the project or one -half of the total project (including labor and equipment), whichever is greater, if the road is on the Collin County Thoroughfare Plan. (b) Total cost, including materials, labor and equipment if the road is not on the Collin County Thoroughfare Plan. PWI L� • COUNTY ROAD POLICY � (OILING/DUS'I) • section I Oiling of County Roads County funds shall be expended to spray county roads for dust control as follows: a) When a perwn has a chronic respiratory condition, Wboaatiated by a Physician,. the county will oil up to 500 feet in front of their house. Ifthe house is located at a road intmeotion, the roads will be oiled for up to 500 feet in both &rectiom from the intersection. Pi %city will be given to elderly residents. b) When the traffic count on a toad nags a minimum of 150 cars per day, oil will be applied on an interim basis until the road can be upgraded to asphalt. If the right- of-way required to upgrade a road is unobtainable, the road will no longer be oiled at county expense. c) When county trucks aft hauling taterWs to or from a pr4ed site damaging the road surface and a Wng a mem dust problem. d) Other conditions as approved by action of the Comndssioners Court. B. All other requests for oiling in uninoorporated areas ofthe county would be at the • requester's expense. Collin County shall be re habumed for the cost of materials. • per 9 Collin County Department of public Works 700 A West VlMmeth Road McKinney. Texas 75069 (972) 548.3700 FAX No. (972) 648-3754 Application for dust control oiling due to chronic respirstory condition RESIDENT Name: Physical Address: Mailing Address: Phone: Name: Physical Address: Mailing Address: Phone: Date of Birth: County Road No.: Application Is good for this calendar year only 1) Approximate distance residence is from county road. feet 2) Number of years lived at this residence. rears 3) What side of road is residence located? Circle one: North South East West ��N�NfN/ NNINfN�N�1fNN /M1NNN��N�MNN��MNMNfNN +M*N�Mii To be completed by physician. Allergy which interferes with breathing or is We threatening Interstitial Pulmonary TB Pulmonary Fibrosis Lung Abscess Hypoxemia Asthma Sarcoidosis Bronchiolitis Asbestosis Dyspnea Emphysema Cystic Fibrosis Other chronidlife threatening respiratory conditions: How long has patient had this condition: Last episode: Other comments: Physician Name (Please print) Physician signature/specialty • Date: Phone No.: APPLICATION SHOULD BE MAILED OR FAXED FROM THE DOCTOR p97.offow Page 10 L• • L ASSESSMENT POLICY FOR SUBDIVISIONS ASSESSMENT FOR 1 1 ROADS Section I Assessment to Upgrade Roads in Subdivisions A. Collin County may upgrade county roads as outlined in Senate Bill 314, Article 6702 -3, on a first come basis or as specified by Commissioners' Court provided the initial funds are available or made available to the county. Only roads in recorded subdivisions will be considered for upgrade by assessment. B. Commissioners' Court may ootisider upgrading a road or roads by assessment within subdivisions in un- incorporated area of Collin County upon receipt of a written request from the Property Owner's Association or individual landowners agreeing to adhere to the following terms prior to oonMetion: (a) Donation of additional right -of -way, drainage or utility easements, when required. (b) If a road lies within an unrecorded subdivision. the addition must be approved by Commissioners' Court and a plat Sled for record at the County Clerk's Office. (c) Payment for all utility relocations. These costs grill not be included in the assessment. (d) Payment for all surveying planing, replatting and legal fees (to include title fees, assignment of liens, etc.). These costs wig not be included in the assessment. (e) Payment for all project cost to include materials, equipment and labor. This includes all cost whether by in -house forces or contract. (f) Placement of 10% of the construction cost in an escrow account in a Collin County Bank. (g) Placement of 50% of the utility relocation cost in an escrow account in a Collin County Bank. Section D Assessment Procedures A. After the conditions in Section I have been met, the following procedures are required Wore the assessment can take place: (a) Commissioners' Court must give notice of the proposed improvement and assessment and must hold a public hearing. The notice must be published at least twice in a newspaper of general circulation in the county and shall state that a public hearing will be held to consider whether or not the improvement and assessment will be ordered. Pup r r sea;. u cbsb+.e 40 (b) Within 10 days of the public hearing. Commissioners' Court sha11 send by Certified mail, a ballot to each owner of real property showing the maximum amount of assessment for each property in the subdivision should a n4ority of the record owners of real property in the subdivision vote in fivor of the proposition. (c) If the vote passes. CommissionecV Court may provide the time, terms and conditions of payment and default to the assessment, except that no interest on the payment of the assessment shall be allowed. (d) If the vote fans, Commissioners' Court may not order the improvement and assessment, and may not propose the order again until four years after the date the County Clerk declares the results of the vote to ComadssionOW Court. (e) An assessipe nt shall be secured by a Gen against the real property of the assessed property owner- 4� Section III Appeals An assessment may be appealed by filing a petition in the district court having jurisdiction in the county not later than the I Sth day after the date that a property owner rooeives an asseasruerut. Section IV Liens An assessment shall be secured by alien against the real property Of ft assessed property owner. Liens on all property shall remain in place until such time that the entire assessed amount has been paid to Collin County. Property owners are separately, not jointly, liable for their assessed amounts. Section V Acceptance When all of the requirements set out in Section I and II of this policy have boon met and if funds are available from Collin County the project will be accepted. If it will require an excessive amount of time to relocate the utilities and begin the actual upgrading of the road/roads the Commissioners' Court may direct that a minimum amount of maintenance be performed to assure the health and safety of the property owners. Section VI Status of Roadway after Acceptance A road improved under this article is a county road, and the county shall maintain the road in accordance with county road standards. rte 19 n Section VD Reimbursement of Rods A Prior to the actual road upgrading and upon completion of the utility relocation the balance ofthe utility relocation cost shall be paid to Collin County or the respective utility company. (This includes the SWe escrowed monies plus the r+emsfi ing 50% balance of the relocation cost) B. Upon completion of the upgrading. the IWe escrowed monies shall be rehnbursed to Collin County. C. The 90% balanoe of the project cost including oonstruction and other related cost as noted in Section I of this policy shall be the total assessed amount and shall be collected by the county over an amortized period, not to exceed sixty months. Pw 13