HomeMy WebLinkAboutRes 2022-08-1229 ILA Road and Bridge Improvements 2022-2026CITY OF ANNA, TEXAS
RESOLUTION NO.n�,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT WITH COLLIN COUNTY, TEXAS FOR
ROAD AND BRIDGE CONSTRUCTION FOR 2022 TO 2026; AND PROVIDING FOR
AN EFFECTIVE DATE.
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 THE City of
Anna, 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 City of Anna, Texas and Collin County, Texas are desirous of
entering into this Interlocal Cooperation Agreement, which is attached hereto and made
a part hereof; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Council hereby agrees to timely pay to Collin County, Texas, in accordance
with the Interlocal Cooperation Agreement for work the City requests in the amount and
upon the terms and conditions set forth.
PASSED AND APPROVED
Jay of August 2022,
ATTEST:
4 / � M
City Secretary, Carrie Land
ID the City Council of the City of Anna, Texas on this lio�j
`Oa�1�n�nurr(/I//
orb° 'N�
APPROVED:
/layor, Nate Pike
Exhibit "A"
Whereas, the lnterlocal Goaperation Act, Title 71 Chapter 7917 �temon's Texas
Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas,
Article Ill, 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
t�HEREAS, file functions and/aar services Contemplated to lie 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
V�i-IEi�EAS, t3oth the county and the political subdivision named herein are
desirous of entering into this Intertocal 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_
t+tQ'J'�f, THEF2EFCrR, Tl-IIS ACI,EEl�4Et�T is hereby made and entered into lay anti
between Collin County, Texas a political subdivision of the State of Texas, and the City
of Anna, political subdivision of the State of Texas, which is wholly or partially located
within Collin County, T e x a s . Consideration for this Agreement consists of the mutual
covenants contained herein, as well as any monetary consideration, which m a y be stated
herein. This agreement is as follows, to wit:
As requested by the political subdivision Warned herein, Colin County, Texas,.
acting ley 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 ltJ ACCORDANCE WITH
CUURT €�R[iER lelGr_ 2i)�1-1[l9-tI2-t11 (Copy Attached)
As consideration for the above -described governmental functions and/or
services, said political subdivision agrees to t i m e I y 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:
f1
2) PAYfy9ENT TO EQUAL REIMBURSEhAENT IN FULL FOR LABOR, EuUIPMENT, AND
MATERIAL EXPENDED BY COLLIN COUNTY.
Any payments for tltork perfomled under this Agreement that are not made within thirty
days from when such payments are due shall accrue interest as prescribed by the Texas
Prompt Payment Act (Tex. OoVt Code ch. 2251).
Each party agrees to perform all other acts and execute and deliver all other documents as
may be necessary or appropriate to carry out the intent and purposes of this Agreement.
III.
To the fullest extent allowed by law, 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.
Failure of a Party to exercise any right or remedy in the event of default #�y any other Party
shall not constitute a waiver of such right or remedy for any subsequent breach or default_
Should any provision of this Agreement or the application thereof #�e held invalid or
unenforceable to any extent, the remainder of this Agreement and the application thereof shall
not be affected thereby and shall continue to be valid and enforceable to the fullest extent,
consistent with the intent of the Parties as evidenced by this Agreement.
This Agreement shall be effectitire October 1, 2022, 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, 2026 unless
terminated by either parts upon giving thirty (30) days written notice to the other party
of its intent to terminate the agreement.
Notices, correspondence, and all other communications shall be addressed as follows;
Ho��ever, the Parties hereto shall hati'e the right feom time to time to change their respective
addresses by giving at least fifteen (95) days' written notice to the other Party,
if to Collin County:
Pub9icVo'terks
Jon Kleinheksel
700A lh'ilmeth Rd.
McKinney, TX 75069
972-548-37DD
j1cleinhe4(selscmi co.collin_tx.us
i��nrchasirGg
Dina zininiel
23DO Hlocnidale Rd., #3IOU
McKinney, TX 75071
972-5484119
g�mme1(d co.co1Hn_tx.us
Administration
Hill Bilyeu
23GG Bloomdale Rd., ff419?
McKinney, TX 75071
972Z484698
yeuf¢ co.collin.tx.us
2
If to City:
Name
Address
City, state, Zip
Phone
en .1
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 its responsibilities
hereunder as of the first day of the fiscal year of such non -appropriation. All payments
must he in an amount that fairly compensates the performing party for the services or
functions performed under this agreement.
Farce Pw9ajeure: No party shall sae liable or responsible to the other party(, nor be deemed to
have defaulted under or breached this Agreement, for any failure or delay in fulfilling or
performing any terns of this Agreement, when and to the extent such failure or delay is
caused by or results from acts beyond the affected partv's reasonable control, including,
without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest;
actions, embargoes or blockades in effect on or after the date of this Agreement, or national
or regional emergency ( each of the foregoing, a "Force Majeure Event'"). A party whose
performance is affected by a Force Majeure Event shall give notice to the other party, stating
the period of time the occurrence is expected to continue and shall use diligent efforts to end
the failure or delay and minimize the effects of such Force Majeure Event.
VI.
Dispute Resolution
Notice &Conference
If a party believes that the other party has not met, or is not meeting, an obEigation under
this agreement, the party Will contact the other's representative to discuss the issue. If
the aggrieved party does not believe that this informal contact, discussion, and ensuing
efforts have fixed the issue, then the party will notify the other partyrs representative in
.writing of the party's belief or complaint with reasonable detail to permit the other party
to address the issue. The other party will then have a reasonable time to address the
issue and improve its performance. This initial process will take no more than 14
calendar days, unless the parties agree otherwise.
If discussions between the parties' representatives do not resolve the issue, then the
CaunhpJudge, or County Administratorfrom Collin Countyv and the tutayor, City tvtanager,
firom the City of Anna will meet in person to discuss and try to resolve the issue. This
process will take no more than five (b) business days, unless the parties agree
otherwise_
�i
Prerequisites to riling for ADR or a Lawsuit
Neither party may file a claim or lawsuit in any forum before the parties are finished
using the cooperation procedures set forth above.
Expenses for Enforcement. fn the event either Party hereto is required to employ an attorney
to enforce the provisions of this Agreement or is required to commence legal proceedings to
enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other,
reasonable attorney's fees and court costs incurred in connection with such enforcement,
including collection.
This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Collin County, TX.
By entering into this Agreement, the parties do not intend to create any
obligations, express or implied, other than those Specifically set out in this Agreement.
Tile Parities represent that the iindividuais Signing this Agreement on their behalf possess full
power and authority to enter into this Agreement from their respective governing boards in
compliance with the laws of the State of Texas_
t3y signing this agreement, no party waives any immunity or defense that �+rou(d ottaerwise
be available to it against claims arising in the exercise of governmental powers and
functions.
Nothing in this Agreement shall create any rights or obligations aS to any parfi,� who is
not a signatory to This Agreement. This agreement does not confer any rights or
remedies upon any person or entity other than the Parties.
Stuauld any provision of this Agreement or the application thereof be held invalid or
unenforceable to any extent, the remainder of this Agreement and the application thereof shal(
not be affected thereby and shall continue to be valid and enforceable to the fullest extent,
consistent with the intent of the Parties as evidenced by this Agreement_
A party will not assign its rights or obligations under this agreement, in whole or in part,
to another person or entitw,+ without fist obtaining the other parfiy's written consent_
This Agreement is the entire agreement of the Patties. This Agreement may not be altered
or amended except by mutual written agreement as provided herein.
if the Parties desire to modify this Agreement during or attar the initial term, any modifications
may be either incorporated herein by wrtten amendment or set forth in a new written..
agreement.
This Agreement may be executed in one or more identical counterparts, each of which will be
deemed an original for al( purposes.
Date:
Date: o
COLLIN COUNTY, TEXAS
By
Title: County Judge
CITY OF/ANNA
LLI
5
State of Texas § Court Order
Collin County § 2021-109-02-01
Commissioners Court §
An order of the Collin County Commissioners Court adopting a policy.
The Collin County Commissioners Court hereby approves the amended Collin County Road and Right of Way
policies, as detailed in the attached documentation.
A motion was made, seconded, and carried by a majority of the court members in attendance during a regular
session on Monday, February 2, 2021.
Chris Hill, County Judge
Susan Fletcher, Commissioner, Pct 1
Cheryl Whams, Commissioner, Pct 2
Darrell Hale, Commissioner, Pct 3
Webb, Commissioner, Pct 4
{
State of Texas §
Collin County §
Commissioners Court §
Court Order
2022-821-09-12
An order of the Collin County Commissioners Court approving an interlocal cooperation agreement.
The Collin County Commissioners Court hereby approves an interlocal cooperation agreement with the City of
Anna (Agreement No. 2022-413) for road and bridge improvements, as detailed in the attached documentation.
A motion was made, seconded, and carried by a majority of the court members in attendance during a regular
session on Monday, September 12, 2022.
Chris Hill, County Judge
Susan Fletcher, Commissioner, Pct 1
L
N
Cheryl Wfffiams, Commissioner, Pct 2
\\-"'
Darrell Hale, Commissioner, Pct 3
i
uncan Webb, Commissioner, Pct 4
a
AT ST: Stacey Kemp, County Clerk
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 Anna, political subdivision of the State of Texas, which is wholly or partially located
within Collin County, T e x a s . Consideration for this Agreement consists of the mutual
covenants contained herein, as well as any monetary consideration, which m a y 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. 2021-109-02-01 (Copy Attached)
II.
As consideration for the above -described governmental functions and/or
services, said political subdivision agrees to t i m e I y 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.
1
2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND
MATERIAL EXPENDED BY COLLIN COUNTY.
Any payments for Work performed under this Agreement that are not made within thirty
days from when such payments are due shall accrue interest as prescribed by the Texas
Prompt Payment Act (Tex. Gov't Code ch. 2251).
Each party agrees to perform all other acts and execute and deliver all other documents as
may be necessary or appropriate to carry out the intent and purposes of this Agreement.
III.
To the fullest extent allowed by law, 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.
Failure of a Party to exercise any right or remedy in the event of default by any other Party
shall not constitute a waiver of such right or remedy for any subsequent breach or default.
Should any provision of this Agreement or the application thereof be held invalid or
unenforceable to any extent, the remainder of this Agreement and the application thereof shall
not be affected thereby and shall continue to be valid and enforceable to the fullest extent,
consistent with the intent of the Parties as evidenced by this Agreement.
IV.
This Agreement shall be effective October 1, 2022, 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, 2026 unless
terminated by either party upon giving thirty (30) days written notice to the other party
of its intent to terminate the agreement.
Notices, correspondence, and all other communications shall be addressed as follows;
However, the Parties hereto shall have the right from time to time to change their respective
addresses by giving at least fifteen (15) days' written notice to the other Party.
If to Collin County:
Public Works
Jon Kleinheksel
700A Wilmeth Rd.
McKinney, TX 75069
972-548-3700
'kleinheksel(a)co.collin.tx.us
Purchasing
Gina Zimmel
2300 Bloomdale Rd., #3160
McKinney, TX 75071
972-548-4119
gzimmel .co.collin.tx.us
Administration
Bill Bilyeu
2300 Bloomdale Rd., #4192
McKinney, TX 75071
972-548-4698
bbilyeu(cDco.collin.tx.us
2
If to City:
Public Works
Name
Greg Peters
Address
3223 N Powell Pkwy
City, State, Zip
Anna, TX 75409
Phone
972-924-4510
email
gpeters@annatexas.gov
Purchasing
Joanna Golleher
3223 N Powell Pkwy
Anna TX 75409
972-924-4510
jolleher@annatexas.gov
fA
Administration
Jim Proce
120 W. 7t St
Anna, TX 75409
972-924-3325
jproce@annatexas.gov
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 its 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.
Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to
have defaulted under or breached this Agreement, for any failure or delay in fulfilling or
performing any term of this Agreement, when and to the extent such failure or delay is
caused by or results from acts beyond the affected party's reasonable control, including,
without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest;
actions, embargoes or blockades in effect on or after the date of this Agreement; or national
or regional emergency ( each of the foregoing, a "Force Majeure Event"). A party whose
performance is affected by a Force Majeure Event shall give notice to the other party, stating
the period of time the occurrence is expected to continue and shall use diligent efforts to end
the failure or delay and minimize the effects of such Force Majeure Event.
ON
Dispute Resolution
Notice & Conference
If a party believes that the other party has not met, or is not meeting, an obligation under
this agreement, the party will contact the other's representative to discuss the issue. If
the aggrieved party does not believe that this informal contact, discussion, and ensuing
efforts have fixed the issue, then the party will notify the other party's representative in
writing of the party's belief or complaint with reasonable detail to permit the other party
to address the issue. The other party will then have a reasonable time to address the
issue and improve its performance. This initial process will take no more than 14
calendar days, unless the parties agree otherwise.
If discussions between the parties' representatives do not resolve the issue, then the
County Judge, or County Administrator from Collin County and the Mayor, City Manager,
from the City of Anna will meet in person to discuss and try to resolve the issue. This
process will take no more than five (5) business days, unless the parties agree
otherwise.
3
Prerequisites to Filing for ADR or a Lawsuit
Neither party may file a claim or lawsuit in any forum before the parties are finished
using the cooperation procedures set forth above.
Expenses for Enforcement. In the event either Party hereto is required to employ an attorney
to enforce the provisions of this Agreement or is required to commence legal proceedings to
enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other,
reasonable attorney's fees and court costs incurred in connection with such enforcement,
including collection.
This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Collin County, TX.
VII.
By entering into this Agreement, the parties do not intend to create any
obligations, express or implied, other than those specifically set out in this Agreement.
The Parties represent that the individuals signing this Agreement on their behalf possess full
power and authority to enter into this Agreement from their respective governing boards in
compliance with the laws of the State of Texas.
By signing this agreement, no party waives any immunity or defense that would otherwise
be available to it against claims arising in the exercise of governmental powers and
functions.
Nothing in this Agreement shall create any rights or obligations as to any party who is
not a signatory to this Agreement. This agreement does not confer any rights or
remedies upon any person or entity other than the Parties.
Should any provision of this Agreement or the application thereof be held invalid or
unenforceable to any extent, the remainder of this Agreement and the application thereof shall
not be affected thereby and shall continue to be valid and enforceable to the fullest extent,
consistent with the intent of the Parties as evidenced by this Agreement.
A party will not assign its rights or obligations under this agreement, in whole or in part,
to another person or entity without first obtaining the other party's written consent.
This Agreement is the entire agreement of the Parties. This Agreement may not be altered
or amended except by mutual written agreement as provided herein.
If the Parties desire to modify this Agreement during or after the initial term, any modifications
may be either incorporated herein by written amendment or set forth in a new written
agreement.
This Agreement may be executed in one or more identical counterparts, each of which will be
deemed an original for all purposes.
4
Date: q - I& Si --bzs)-
r
Date:
COLLIN COUNTY„TEXAS
Title: County Judge
CITY OFIANNA
el,
State of Texas § Court Order
Collin County § 2021-109-02-01
Commissioners Court 4
An order of the Collin County Commissioners Court adopting a policy.
The Collin County Commissioners Court hereby approves the amended Collin County Road and Right of Way
policies, as detailed in the attached documentation.
A motion was made, seconded, and carried by a majority of the court members in attendance during a regular
session on Monday, February 2, 2021.
Chris Hill, County Judge
Susan Fletcher, Commissioner, Pct 1
t
zN I '
Cheryl W iams, Commissioner, Pct 2
Darrell Hale, Commissioner, Pct 3
41U�JJIV�-
uncan Webb, Commissioner, Pct 4
AT ST: Stacey Kemp, County Clerk
COL L IN
COUNTY
P,
COLLIN COUNTY
ROADWAY POLICY
Approved by the Collin County Commissioners Court on February 1, 2021
Court Order Number 2021-109-02-01
TABLE OF CONTENTS
1.01
INTRODUCTION.................................................................................................................. 3
A.
Purpose...............................................................................................................................
3
B.
Applicability.........................................................................................................................3
1.02
DEFINITIONS........................................................................................................................3
1.03
EXISTING ROADWAYS —MAINTENANCE RESPONSIBILITIES .............................................
6
A.
Roadways within an Incorporated Area or within a City ....................................................
6
B.
Roadways adjacent to a City...............................................................................................
6
C.
Roadways within a Subdivision...........................................................................................
7
D.
Abandonment of County Roads..........................................................................................
7
1.04
EXISTING ROADWAYS — MAINTENANCE SCHEDULE.........................................................
7
A.
Roadway Oiling — Residents with Respiratory Conditions ..................................................
7
B.
Roadway Oiling — Cemetery Locations...............................................................................
8
C.
Roadway Oiling —Additional Applications..........................................................................
8
D.
Temporary Roadway Closures............................................................................................
8
E.
Mowing/Brush Cutting........................................................................................................
9
F.
Herbicide Application........................................................................................................
10
G.
Inspections........................................................................................................................
10
1.05
EXISTING ROADWAYS - IMPROVEMENTS.......................................................................
10
A.
Improvements to Roadways Within City Limits................................................................
10
B.
Major Improvements to Roadways Within City Limits .....................................................
11
C.
Reimbursement for Work Performed by Public Works ....................................................
11
1.06
COUNTY ROADWAY FEATURES AND ADJACENT AREAS .................................................
11
A.
Right of Way......................................................................................................................
11
B.
Temporary Access Agreement..........................................................................................
12
C.
Reimbursement by Property Owners...............................................................................
12
D.
Fencing/Gates...................................................................................................................
13
E.
Mail Boxes.........................................................................................................................
13
F.
Roadway Drainage and Driveway Culverts.......................................................................
14
1.07
MISCELLANEOUS..............................................................................................................
14
A.
Signs..................................................................................................................................
14
Page 1 1
B. Striping..............................................................................................................................14
C. Guard Rail.......................................................................................................................... 14
D. Speed Bumps.................................................................................................................... 15
E. Parking.............................................................................................................................. 15
F. Historical Markers............................................................................................................. 15
Page 12
1.01 INTRODUCTION
A. Purpose
This Roadway Policy has been adopted by Commissioners Court to put standards in
place by which roadways and right of way in unincorporated Collin County are
maintained. Commissioners Court reserves the right to amend any portion of this
court order as deemed necessary and/or when required by changes in the law of
Texas, state statutes or transportation codes.
B. Applicability
This Policy applies to roadways within Collin County that are located outside of the
corporate limits of a municipality. Additionally, this policy may exclude areas within
Collin County that are located within the extraterritorial jurisdiction (ETJ) of a
municipality, provided that an ETJ has been established by the municipality and the
municipality has entered into a written interlocal agreement with the County that
identifies the municipality as the entity authorized to maintain roadways and rights of
way within their respective ETJ.
Collin County will not be responsible for any damage caused by County crews to any
facility installed that is not in compliance with this Policy.
Any extenuating circumstances not covered under this Policy shall be brought to the
attention of Commissioners Court for consideration.
1.02 DEFINITIONS
For the purpose of this Policy, the following terms, phrases, words and their derivations
shall have the meaning given herein. Definitions not expressly prescribed herein are to be
determined in accordance with customary usage in planning and engineering practice.
The word "shall" is mandatory and the word "may" is permissive.
AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS
(AASHTO) - An association of state highway and transportation officials.
BUSINESS DAY — the days of the week when County offices are normally open (excludes
official holidays and weekends). Collin County holidays may be found online at:
https://www.collincountvtx.gov/government/Pages/Holidays.aspx
COLLIN COUNTY ROADWAY SYSTEM — Any roadway maintained by Collin County Public
Works.
COMMISSIONERS COURT —The Commissioners Court of Collin County.
COUNTY — Collin County, Texas.
COUNTY CLERK — the County Clerk of Collin County.
COUNTY ROADWAY — a public roadway under the control and maintenance of the
Page 13
County.
DEDICATION — the appropriation of land, or an easement therein, by an Owner, for the
use of the public and accepted for such use by or on the behalf of the public.
DEVELOPER — any person, partnership, firm association, corporation (or combination
thereof), or any officer, agent, employee, servant or trustee thereof, who performs or
participates in the performing of any act toward the development of a subdivision, within
the intent, scope and purview of the Collin County Subdivision Regulations.
DEVELOPMENT — all land modification activity, including grading or construction of
buildings, roadways, parking lots and/or other impervious structures or surfaces.
DIRECTOR OF PUBLIC WORKS —where used in this Policy, "Director of Public Works" shall
mean the Collin County Director of Public Works and his/her authorized and/or appointed
representatives.
EASEMENT— an area for restricted use on private property upon which a public or private
utility/entity/HOA or Lot Owner responsible for maintenance shall have the right to
remove and keep removed all or part of any buildings, fences, trees, shrubs or other
improvements or growth which in any way endanger or interfere with the construction,
maintenance and/or efficiency of its respective systems on or within any of these
easements.
ENGINEER — a person licensed under the provisions of the Texas Engineering Registration
Act to practice the profession of engineering in the State of Texas.
EXISTING ROADWAYS — roadways that have been constructed and are in place prior to
the passage of this Policy.
EXTRATERRITORIAL JURISDICTION (ETJ) — the unincorporated land area, not a part of any
city, which is contiguous to the corporate limits, as defined in Local Government Code,
Chapter 42.
FACILITY - any permanent or temporary non -County owned improvement placed within
the right of way. Such facilities may involve underground, surface, or overhead facilities,
either singularly or in combination. (Accessories are any attachments, appurtenances, or
integral parts of the facility such as fire hydrants, valves, gas regulators, etc.).
FINAL ACCEPTANCE — formal acceptance by order of the Collin County Commissioners
Court.
HOMEOWNERS ASSOCIATION — an organized, non-profit corporation with mandatory
membership when property is purchased.
INCORPORATED AREA — See Extraterritorial Jurisdiction.
INTERLOCAL AGREEMENT (ILA) — A written contract between local government agencies.
MINIMUM REQUIREMENTS — Minimum acceptable requirements; such requirements
may be modified by the Director of Public Works as may be necessary to protect the public
Page 14
health, safety, and welfare.
OWNER — the Owner of the parent tract or lot of record.
PUBLIC WORKS — Collin County Public Works.
RESIDENT — a person who lives somewhere permanently or on a long-term basis.
RIGHT OF WAY — a parcel of land that is occupied or intended to be occupied, by a
roadway or alley. Where appropriate, "right of way" may include other facilities and/or
utilities such as sidewalks; railroad crossings; and/or electrical, telecommunication, oil,
gas, water, sanitary sewer and/or storm sewer facilities. The term "right of way" shall also
include parkways and medians which are located outside of the actual pavement. The
usage of the term "right of way" for land platting purposes shall mean that every public
right of way hereafter established and shown on a final plat is to be separate and distinct
from the lots or parcels adjoining such right of way and shall not be included within the
dimensions or areas of such lots or parcels. The right of way is the distance between
property lines measured at right angles to the centerline of the roadway or alley.
ROADWAY — a paved right of way (or easement), whether public or private and however
designated, which provides vehicular access to adjacent land and/or connection to other
roadways or highways.
SUBDIVISION — the division of a tract of land situated within Collin County and outside
the corporate limits of any municipality into two (2) or more lots, parcels or tracts for the
purpose of sale or development, or for the purpose of laying out roadways, alleys,
squares, parks, public utility easements, public rights of way, private ingress/egress
easements, drainage or stormwater improvements, or other parts of the tract intended
to be dedicated for public use or for the use of purchasers or owners of lots or parcels
fronting on or adjacent to such facilities.
TAA— a Temporary Access Agreement between Collin County and property owner.
TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (TMUTCD) - The most recent
edition, including any additions or corrections, of the Texas Manual on Uniform Traffic
Control Devices for Streets and Highways.
THOROUGHFARE - a principle traffic artery, carrying higher volumes of traffic, more or
less continuously, which is intended to connect remote parts of the area adjacent thereto
and to act as a principle connecting roadway with state highways.
THOROUGHFARE PLAN — the most recently adopted Collin County Thoroughfare Plan
https://www.collincountytx.gov/mobility/Documents/CCThoroughfarePlan.pdf
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1.03 EXISTING ROADWAYS— MAINTENANCE RESPONSIBILITIES
Only public roadways that have been determined by Commissioners Court to be approved
County Roads shall be maintained at County expense by Public Works. The County shall
not maintain U.S. Highways, state roadways, private roadways, and other roadways or
sections of a roadway within the city limits of an incorporated city.
A. Roadways within an Incorporated Area or within a City
1. Each city within Collin County is responsible for maintaining the bridges and
roadways within their city limits.
2. Commissioners Court may consider making or participating in general
maintenance items including rocking, grading, asphalt, leveling, seal coating, oiling
for dust control, installation of culverts, warning signs, cleaning of drainage
ditches, mowing or brush cutting and emergency repairs to bridges.
3. The following requirements must be met before Public Works can perform
maintenance within an incorporated area or within city limits:
a. An Interlocal Agreement (ILA) must be presented to and approved by
Commissioners Court. This currently executed ILA must be on file with the
County.
b. Commissioners Court has granted approval of maintenance request(s).
c. Schedule will be set forth by Public Works and will be dependent upon the
work schedule of County crews.
d. Emergency requests will be evaluated by Commissioners Court based upon the
merits presented by the requesting city. Commissioners Court authorization is
required for work performed within incorporated Cities.
B. Roadways adjacent to a City
1. Roads or sections of roadways bordered by a city or cities may be maintained at
County expense as follows:
a. A portion of a public roadway adjacent to property that has been annexed by
a city or cities before 2015, from the centerline of the roadway to the edge of
the roadway on the opposite side from the City, may be maintained at County
expense. The city's responsibility for maintenance of the roadway shall extend
to the centerline of the roadway.
b. Any portion of a public roadway adjacent to property that has been annexed
by a city or cities after 2015, shall not be maintained at County expense. The
city's responsibility for maintenance of the roadway shall extend to the entire
roadway.
c. Any portion of a public roadway that is bordered by a city or cities on both
sides will be considered to lie entirely within an Incorporated Area and shall
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not be maintained at County expense.
C. Roadways within a Subdivision
1. Maintenance of roadways in a Subdivision shall be performed by the Developer or
Homeowners Association until roadways have been approved for County
maintenance by Commissioners Court. See Collin County Subdivision Regulations
for further information.
D. Abandonment of County Roads
1. The Commissioners Court, by unanimous vote, may abandon a County roadway
upon following specific procedures as required by Vernon's Civil Statues and the
Texas Transportation Code Section 251.057.
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.251.htm#251.057
2. In order for the public to request the relinquishment of the public's right of way
and use of a roadway, the following conditions must be met:
a. Petition and Notice signed by eight (8) freeholders of land in the
Commissioners' Precinct where the roadway is located is required to abandon
a roadway.
b. Original signatures are needed on three (3) copies of both the Notice and
Petition.
c. Signatures should be exactly as name appears on tax roll.
d. The roadway and its location should be described on the Notice and Petition
prior to signatures being obtained.
e. Twenty (20) days public notice posted at the County Courthouse and along the
subject roadway is required before Commissioners Court can consider taking
action to abandon a roadway. Collin County will post the Notice at these
locations upon verification of signatures.
f. Unanimous consent of Commissioners Court is required to abandon a
roadway.
g. In some instances, as required by law, Collin County shall be compensated for
the abandonment of right of way.
1.04 EXISTING ROADWAYS— MAINTENANCE SCHEDULE
A. Roadway Oiling — Residents with Respiratory Conditions
1. The County will oil a 500-foot portion of a County rock roadway for dust control in
front of a resident's house whereas:
a. The resident has a chronic respiratory condition.
b. The condition is documented by a Medical Doctor (MD).
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c. The County's Application for Dust Control Oiling is signed by a doctor and
submitted once each 36 months or 3 years.
d. Application for Dust Control Oiling due to chronic respiratory condition is
available by calling Public Works (972-548-3700) and requesting an
application. This form can be returned by mail to: Public Works, 700 A. West
Wilmeth Road, McKinney, Texas, 75069 (or faxed to (972) 548-3754).
Residents may also print the form from the Public Works webpage at:
https://www.collincountytx.gov/public works/road bridge/Documents/Heal
thLetter.pdf
2. If the house is located at a roadway intersection the roadway will be oiled 500-
feet in both directions from the intersection.
3. Road oiling for dust control will be performed one time each year and only
between Mid -March and early October.
B. Roadway Oiling — Cemetery Locations
1. The County will oil 500 feet of a rock roadway in front of a cemetery for dust
abatement at no cost, with approved advanced notice as indicated below:
a. Public Works receives 48 hours advanced notice of a graveside service date or;
b. Public Works receives 10-day advanced notice of the date scheduled for a
recognized cemetery "clean up day"
C. Roadway Oiling —Additional Applications
1. Routine roadway grading will not warrant additional applications of oil. All
additional applications of oil whether health related or otherwise will be at the
requestor's expense.
2. When construction causes heavier than normal truck traffic on a rock road the
County may, at the discretion of the Director of Public Works, apply oil.
3. All other requests for oiling in unincorporated areas of the County shall be at the
requester's expense. Collin County shall be reimbursed for the cost of materials;
requestor to call County for cost estimate based on current price. This process will
consist of three (3) separate applications per 500 linear feet, typically two
applications on a specific day with the remaining application a day or two
thereafter. This service will be performed only between the warmer months of
Mid -March through Early October. Requests for roadway oiling during the warmer
months shall be made no later than September 30 of the year prior.
D. Temporary Roadway Closures
Requests for Temporary Road Closures shall be made as far in advance as possible,
with minimum submittal dates listed below. Late requests may be denied due to not
having enough time to evaluate impacts.
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1. Non -Emergency Temporary Road Closure Request: Complete and submit the
County's Roadway Closure Request Form at least 72 hours of the proposed
closure. This form can be found on the County's website at:
https://www.collincountytx.gov/public works/road bridge/Pages/roadclose.aspx The
Director of Public Works will review the request and notify the applicant in writing
of their decision within 24 hours of the road closure. If approved, County staff will
notify affected parties such as USPS, school districts, law enforcement, emergency
responder agencies, and adjacent landowners. Applicant is responsible for
deploying and retrieving all necessary equipment including barricades, cones,
signs, etc.
2. Special Event Temporary Road Closure Request: Complete and submit the
County's Roadway Closure Request Form at least 90 days prior to the special
event. This form can be found on the County's website at:
https://www.collincountytx.gov/public works/road bridge/Pages/roadclose.aspx The
Director of Public Works will review the request and notify the applicant in writing
of their decision within 14 days of the road closure. The event sponsor shall be
responsible for funding any County personnel and equipment provided for traffic
control.
3. Emergency Temporary Road Closure Request: In the event of an Emergency
Temporary Road Closure, call 972-548-3700 to submit verbal request.
Requests will be executed expeditiously by on -duty Public Works staff or on -call
staff during non -business hours. Public Works will promptly deploy barricades,
cones, and/or other appropriate equipment to the roadway(s). Once the situation
is stabilized (flood waters subside, public safety restored, etc.) and the Director of
Public Works has communicated approval, Public Works staff will collect all
equipment and re -open the roadway(s).
E. Mowing/Brush Cutting
1. Public Works will mow all County right of way property as follows:
a. Spring/Summer months —Mow all County Roadways one mower width (8' to
12') once per year.
b. Fall/Winter months — Mow all County Roadways total right of way width
(including fence lines as instructed by the Director of Public Works) once per
year. This may include areas between the pavement and fences where fences
are outside of the right of way limits.
2. Brush cutting is typically performed during dormant fall and winter (non- growth)
months:
a. Tree and limb removal by use of hydraulic boom mowers will serve to minimize
vehicle damage from overhanging limbs/brush and improve vehicle/driver line
of sight. Branches over the roadway will be trimmed to provide 18' of vertical
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clearance, while branches outside the roadway but within the right of way will
be trimmed to a height of 14' vertical clearance.
b. Hand cutting and pruning is completed as manpower and scheduling permit.
Requests for hand cutting are handled and approved on a case by case basis.
3. Brush and vegetation will be cut anywhere necessary to maintain adequate line of
sight on roadways.
F. Herbicide Application
1. Public Works will treat all County right of way 2 times per year with contact
herbicide at required or allowable rates. This includes facility obstructions (i.e. fire
hydrants, water valves, guardrails, pole guy wires, phone pedestals, etc.) to
improve visibility of object.
2. All asphalt roadway shoulders are treated with herbicides.
3. Residents and business owners may request that the County not spray the right of
way adjacent to their property by calling 972-548-3700. The resident or business
owner accepts responsibility for maintaining the right of way according to this
Roadway Policy. Non -spray requests may be denied based on the following
conditions:
a. Where roadway shoulder vegetation encroachment has caused or shows the
potential to cause damage to the roadway surface.
b. Where herbicide treatment of facility obstructions poses a liability to County
maintenance.
c. Line of sight and visibility issues.
d. Any other condition as deemed by the Director of Public Works.
G. Inspections
1. Inspection of County -maintained asphalt and concrete roadways will be
conducted on a schedule to be determined by the Director of Public Works.
2. Inspection of city roadways will be conducted as per parameters set forth in the
ILA. If inspection parameters are not defined in the ILA, inspections will be
conducted on a schedule determined by the Director of Public Works.
3. Inspection of subdivision roadways will be conducted prior to County takeover of
maintenance as per Collin County Subdivision Regulations.
4. Additional inspections will be performed as determined by the Director of Public
Works. Inspection results will be used as a guide to determine budget and
repair/maintenance requirements.
1.05 EXISTING ROADWAYS - IMPROVEMENTS
A. Improvements to Roadways Within City Limits
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1. Commissioners Court may consider performing or participating in improvements
to roads and bridges within the corporate limits of a city. These improvements
include but are not limited to general maintenance items including rocking,
grading, asphalt, leveling, seal coating, oiling for dust control, installation of
culverts, warning signs, cleaning of drainage ditches, mowing or brush cutting and
emergency repairs to bridges. The following requirements must be met before
Public Works can perform improvements within city limits:
a. An Interlocal Agreement (ILA) must be presented to and approved by
Commissioners Court. This currently executed ILA must be on file with the
County.
b. Schedule will be set forth by Public Works and will be dependent upon the
work schedule of County crews.
c. Emergency requests will be evaluated by Commissioners Court based upon the
merits presented by the requesting city. Commissioners Court authorization is
required for work performed within incorporated Cities.
B. Major Improvements to Roadways Within City Limits
1. Major improvements such as the construction or reconstruction of roadways will
be considered on a case by case basis.
2. All major improvement requests must be submitted in letter format to the
Director of Public Works by April 1st of the year prior to the year improvements
are anticipated.
C. Reimbursement for Work Performed by Public Works
1. Prior to beginning any improvements, the city shall make reimbursement
arrangements. If the city is unable to reimburse for the full amount, the city may
petition Commissioners Court for a payment schedule including interest. A cost
matrix for roadway and bridge repair costs shall be approved by Commissioners
Court. The fee schedule shall be reviewed annually or as directed by the Director
of Public Works.
2. Reimbursement costs for roadway and bridge repairs or improvements will be as
per the Collin County Cost Matrix. The Collin County Cost Matrix for Cities can
be found here:
https://www.collincountVtx.gov/public works/road bridge/Pages/cost matrix.aspx
and is subject to change. Any deviation from this cost matrix must be approved
by Commissioners Court.
1.06 COUNTY ROADWAY FEATURES AND ADJACENT AREAS
A. Right of Way
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1. Right of ways h a I I be donated by transfer of title, easement, or purchased through
negotiations and/or eminent domain proceedings. Property owners have the
option to donate the same by transfer of title. Public Works does not purchase
right of way or utilize condemnation for any roadway improvement. The
requested right of way must be acquired prior to the commencement of the
project.
2. The minimum right of way width for road projects performed by Public Works shall
be 40 ft. The County may require right of way wider than the minimum where it is
determined that the existing width and drainage are not adequate for roadway
improvements.
3. The required right of way width for subdivision roadways shall be as shown in the
Collin County Subdivision Regulations.
4. County right of way shall be kept clear of trees and brush. Collin County has the
right to exercise a right of way easement to prevent the planting of trees and
shrubs in the right of way and to remove or cause to be removed trees or shrubs
growing there by Court Order 2010-722-09-13.
5. An easement will establish the right of the County to enter onto a property in
order to perform necessary work but shall not establish the responsibility to do
SO.
6. No work may occur in County right of way or easement without obtaining a permit
from the County prior to beginning work. See Collin County Right of Way Use
Policy for more information.
B. Temporary Access Agreement
1. The County may propose to enter into a Temporary Access Agreement (TAA) with
the Owner in the event that private property will be needed for roadway
improvements. A TAA could grant the County the ability to use private property
for the following:
a. Parking of County vehicles or equipment
b. Stockpile, burn, or chip debris or dirt
c. Any other access as approved by the Director of Public Works
2. TAA's that are required in order to place permanent improvements on private
property require Commissioners Court approval.
3. The County shall, at its expense, restore private property to substantially the same
appearance as previously existed following the expiration of the TAA.
4. A TAA may be used in lieu of a permanent easement to perform minimally
intrusive work as part of a right of way issue.
C. Reimbursement by Property Owners
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1. Upon Commissioners Court approval of roadway maintenance or improvements
requiring reimbursement from the adjacent property owner, the required amount
of money shall be placed in a non -interest bearing escrow account at a bank
located within Collin County.
2. Reimbursement amount may include the cost involved for surveying, preparation
of Deed or Easement, re -location of fences, facilities (if in a dedicated easement),
culverts or other existing improvements. When property owners are required to
incur total cost for the upgrade of a roadway, the above cost shall not be borne
by Collin County.
D. Fencing/Gates
1. Fences installed inside the right of way will be removed at Owner's expense.
2. Right of way obtained as required for roadway improvements may require an
existing fence to be removed. The existing fence will be removed and replaced
with a fence of the same size and material at County expense. The new fence will
be placed at the property line adjacent to the roadway frontage. Existing gates will
be reused and re -hung.
3. Reimbursement for any changes to an existing fence is subject to approval by
Director of Public Works and authorization by Commissioners Court.
4. All negotiations regarding fence replacement must be completed prior to right of
way easement return to Public Works for recording at the Collin County Clerk's
Office.
5. Temporary electric fencing, if warranted, will be provided, installed, maintained,
and removed by Collin County as related to any roadway improvement project.
E. Mail Boxes
1. Mailboxes and their installation in County right of way shall meet specifications
found in both the Texas Department of Transportation Regulations and United
States Postal Service Regulations. Further information can be found here:
https://www.txdot.gov/inside-txdot/division/maintenance/mail boxes. htmI
https://www.usps.com/manage/maiIboxes.htm
2. Installation of brick/masonry/ornamental metal or other mailboxes that do not
conform to these regulations are prohibited inside the right of way.
3. In the event that an existing mailbox is damaged by Public Works crews, the
County will replace the damaged mailbox with a standard United States Postal
Service approved mailbox on a light weight bendable or break -away pole,
regardless of the original construction design.
4. Roadway maintenance or improvements may require the relocation of existing
mailboxes within the County right of way.
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F. Roadway Drainage and Driveway Culverts
Refer to Collin County Drainage Design Manual.
1.07 MISCELLANEOUS
A. Signs
1. For installation of regulatory, warning signs and other traffic control devices,
Public Works utilizes the most recently adopted versions of the FHWA Manual on
Uniform Traffic Control Devices (MUTCD) and the TxDOT Texas Manual on
Uniform Traffic Control Devices (TMUTCD).
2. Commissioners Court Order Number 2002-247-04-08 Section B was amended
regarding signage (both Regulatory and warning) placed adjacent to County
roadways November 9th, 2004 to read as follows:
a. All roadway signs shall meet the specifications of Public Works. Private
roadway signs are the responsibility of the property owner. The property
owner shall pay for fabrication and installation, and any necessary future
maintenance of the sign. All signs must meet Collin County standards.
b. Collin County does not authorize the use or installation any private signs on
County Road right of way. This includes, but is not limited to:
i. Business Advertisements
ii. Real estate signs (house for sale, open house, etc.)
iii. Personal signs (garage sale, puppies for sale, etc.)
iv. Political signs
In addition it has been proven in courts of law throughout the country that the
below signs provide a false sense of security to those the signs are intended to
benefit. As such, these signs become a liability. Additional signs not allowed
on County roadways or their respective right of way include but are not limited
to the following:
v. Children At Play
vi. Watch For Children
vii. Cattle Crossing
viii. Deaf Child
B. Striping
1. The Director of Public Works will determine if a roadway requires striping.
2. Roadway striping shall be installed as per the most recently adopted versions of
the FHWA Manual on Uniform Traffic Control Devices (MUTCD) and the TxDOT
Texas Manual on Uniform Traffic Control Devices (TMUTCD).
C. Guard Rail
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1. Requests for guardrail installation to be performed by the County are considered
on a case -by -case basis. Determining factors for installation depend upon traffic
studies, evaluation of the area requested, and availability of applicable warning
signs in lieu of guardrail.
D. Speed Bumps
1. Speed bumps are not allowed on any County roadway.
E. Parking
1. Parking is not allowed within County right of way unless the roadway is designed
to include a parking lane.
F. Historical Markers
1. Historic persons must be deceased for at least 10 years in order to qualify, unless
they are of statewide or national significance. Historic events that changed the
course of state or local history must have occurred at least 30 years ago. Most
other topics, including institutions, organizations and businesses must date back
to at least 50 years in order to qualify. For the Recorded Texas Historic Landmark
designation, buildings and structures need to be at least 50 years of age. The topic
must also have demonstrated historical significance and, in the case of buildings
and structures, possess architectural significance as well.
2. Collin County must receive a written request detailing the historical site and
marker specifications and logistics. A request must be made and placed on
Commissioners Court. Upon receipt of a signed Court Order, the Marker can be
made or received and placed at the site.
G. Inclement Weather
1. County forces will apply sand at the discretion of the Director of Public Works.
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