HomeMy WebLinkAboutRes 2018-04-433 ILA with Collin County for Road MaintenanceCITY OF ANNA, TEXAS
RESOLUTION NO. 61l -04-033
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR ROAD MAINTENANCE.
WHEREAS, Collin County ("County") provides certain road maintenance for the City of
Anna ("City") upon request through an existing Interlocal Agreement; and,
WHEREAS, the existing agreement is set to expire this year and the City desires to
continue to cooperate with the County regarding road maintenance; and,
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and,
WHEREAS, the City and County have determined that cooperation for maintenance
may be conducted most economically by implementing this Agreement.
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 3. Approval of Interlocal Agreement.
The City Council of the City of Anna, Texas hereby approves the Interlocal Agreement
attached hereto as Exhibit A, and authorizes, ratifies and approves the Mayor's
execution of same. The Mayor is hereby authorized to execute all documents and to
take all other actions necessary to finalize, act under, and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
10th day of April, 2018.
F
ATTEST: ,,��`�.�`� �••'.a�✓,i, APPROVE
City Secretary, Carrie L. Smith '•. /`` Mayor Nate Pike
� •Y
CITY OF ANNA, TEXAS RESOLUTION NO. �J;� PAGE 1 OF 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 111, 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, 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:
1.
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)
11.
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
1
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.
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).
Ill.
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.
IV.
This Agreement shall be effective October 1, 2018, 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, 2022 unless terminated by either party upon giving thirty (30)
days written notice to the other party of its intent to terminate the agreement.
6. Notices, correspondence, and all other communications shall be addressed as
follows:
If to Collin County:
Name:
Address:
Phone:
FAX:
2
If to City:
Name: City Secretary Carrie Smith
Address: P.O Box 776
Anna TX 75409
E-mail: csmith(a-)-annatexas.gov
Phone: 972-924-3325
FAX: 972-924-2620
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.
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 5 business days, unless
the parties agree otherwise.
Prerequisites to Filing for ADR or a Lawsuit
Neither party may file a claim or lawsuit in any forum before (i) the parties are
finished using the cooperation procedures set forth above.
3
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.
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.
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.
Date:
Date: I t c, 1,901
COLLIN COUNTY, TEXAS
Title: County Judge
CITY OF ANN
By:
Title: Mayor Nate Pike
4 (�
COURT ORDER NO. 97- 676 -08-26
THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED
COUNTY ROAD POLICY/RESCIND PREVIOUSLY
APPROVED -COURT ORDERS
COUNTY OF COLLIN COUNTY ROAp SUPERINTENDENT
On August 26, 1997, the Commissioners' Court of Collin County, Texas, met in special
session with the following members present and participating, to wit:
Ron Harris
County Judge, Presiding
Phyllis Cote
Commissioner, Precinct 1
Jerry Hoagland
Commissioner, Precinct 2
Joe Jaynes
Commissioner, Precinct 3
Jack Hatchell
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
adopt a revised County Road Policy effective
adopted court orders pertaining to same. Same
attached documentation.
carried with a majority vote of the court to
October 1, 1997, and rescind previously
is hereby approved in accordance with the
J e a%,Gbmmissioner, Pct. 3
Jack HatchiMyCommisslioner, Pct.
ATTEST:
Helen Starn6s, EX -Officio
Commissioners' Court
= "�
4
Collin County, T E X A S
`c �v
c co.rrt97kwrtorOenVoadpd
.
*o
• ILI
Commissioner Cole
August 25, 1997
County Road Policies (General)
Section 1 Maintenance of Public Roads
Page I
Section II 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 Projeds
Page 3
Section IX Extending the Length of Road Project
Page 3
Section X Signs
Page 4
Section XI Reimbursement by Property Owners
Page 4
Section X11 Culverts
Page 4
Section XIII Extenuating Circumstances
Page 4
Application for Road Upgrading Page S
General Requirements for Upgrading County Roads Page 6
Upgrading/Acceptance of Private Roads in Recorded Subdivisions Page 6
Costs Page 7
0
County Road Policy (Cities)
Section I Maintenance/lmprovements to Roads Within City Limits Page 8
Section ti 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 i Assessment to Upgrade Roads in Subdivisions Page 1 I
Section II Assessment Procedures Page 11,12
Section III Appeals Page 12
Section IV Liens Page 12
Section V Acceptance Page 12
Section VI Status of Roadway after Acceptance Page 12
Section V11 Reimbursement of Funds Page 13
POLIC
(GENERAL)
1 DTIA a I 1
ANIL
Section 1 Maintenance of Public Roads
A. All public roads located in unincorporated areas 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.
II. 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 lie 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 II 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 1 So 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 cars 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
Auft
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.
Pogo i
sodim It cm tkAw
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 of rock
Section M R"pening 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 meet 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, 1981 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 Commissioners' 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
AOL E. 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. PAee 2
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 Collin County Subdivision
Regulations
Section VI Right-of-Wxy
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-of-way width for roads on the Coffin 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 feet.
(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 pavement width and drainage are adequate within the existing
Awhright-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 VIII 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 1X 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.
Page 3
Section X Signs
Regulatory and warning signs plaoed along county roads shall be in accordance with the Texas
Manual on Uniform Traffic Control Devices.
Section XI Reimbursement by Property Owners
Upon Commissioners' Court approval of a road project which requires reimbursement from
the adjacent property owners, the property owners 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
commence nent of the project,
Section XII Culverts
Drive culverts within county road right-of-ways shall be pennitted and sized by the County.
Only corrugated metal or high-density polyethylene culverts will be permitted. Culverts shall
be a minimum of thirty (30) feet in length unless the driveway over the pipe is concrete. In
which case, the culvert may be the width of the driveway. New drive culverts must be
installed at the expense of the property owner. Fadsting culverts within county road right-of-
ways will be replaced as needed by the County at county expanse.
Section XIII Extenuating Circumstances
Any extenuating circxrmstances not covered under this policy shall be brought to the attention
of Commissioners' Court for consideration
PW4
F—TIIUIt I0 ► i1 it I Ii �
11
R�pgti�ters' Naare.
Dais:
Mailing Address:
Hoare Pbonc Work Pbone Mob[~
Type of twl& roquega Dirt to Ro* Dirt to Asphalt Rods to Asphalt Private Road
County Road NoMsme: Subdivision Name:
L=ation&xtc st of Road(s) to be
U Road on Tboroaghfare Pian ? Yes No . Right -of -Wily PAulm&
Comments:
Utility Comments:
Culvert/Drainage Comments:
Fence Continents:
Initial Cost Estimate: Materials Labor Ocher,
Commcnw
Prepared BY.
Total
Date: Date Mailed:
Page.5
' • _ !`-1, , r w_ t_ ti. 1.II n
An application requesting a road upgrade must be submitted to the Public Works Department
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 sent 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 consideration.
The Public Works Department will notify the requester in writing of the Court's action. A firm
cost estimate wiU be provided, if diffaent than the original estirnate.
Right -of -Way documents, when required, 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 items have been addressed.
Subdivision must be recorded and meet the requirements specified in Suction 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 of the 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 ifdifferent from the original estimate.
Awk
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.
PAge 6
Since material oosts fluctuate, the written cost estimate we have provided you Will be honored for
the period indicated (typically 6 months).
The cost estimate for materials wiU be based on the typo upgrade f0quested.
Dirt to,,Rock A blend of (6" loose) crushed native rock with (3" loose) Hex base to
improve tragion and minimize dust.
m toAsnhali: A blend of (4" Compacted) crusted native whiterock with (6" compacted) flex
base and two layers of asphalt surface fit.
Rock to ;. Two layers of asphalt &I&= tr'eonen% WW additional rock will be paid for by
Collin County since it is an eewting rock road.
Since conditions vary, subdivisions will be evaluated on a
case by came basis.
If you have any additional questions, please feel free to call the Public Works Department at
Metro 4241460 ext. 3700 or (97.2) 548.3700.
Mail or Fax Application To:
Collin County Service Center
700A West Wilmeth Road
McKinney, Texas 75069
Fax Number (972) 548-3754
Psge 7
11
11
v
W1111LINW-A
POLICY
(CITIES)
COUNTY ROAD POLICY (CITIES
n
Section I MaintenanceRmprovements to roads Within City Limits
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 making or participating in improvements to roads
and bridges within the corporate limits of a city as follows:
(a) General maintenance items to include rocking, grading, asphalt level up,
sealooating, oiling for dust control, installation of culverts, cleaning of drainage
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 Thorough%re Plan.
D. A city must be entered into an Interfocal Cooperation Agreement with Collin County
prior to work being performed by Collin County for that city.
E. Ail requests must be submitted to the Director of Public Works by April 1 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 11 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.
?W8
J
va v I w
im I
POLICY
(OILING/DUST)
11
EOUN'I'Y ROAD POLICIES (01LIr1G/DUST CONTROLI
Section I Oiling of County Roads
County funds shall be expended to spray county roads for dust control as follows:
a) When a person has a chronic respiratory condition, substantiated by a pk*cia4
the county will oil up to 500 feet in front of their house. If the house is located at
a road interseee ion, the roads will be oiled for up to 300 feet in both directions
from the intersection. priority will be given to elderly residents.
b) When the traffic count on a road reaches a minimum of 1 S cars per day, on 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 aro hauling materWs to or from a project site damaging the
road surface and creating a severe dust problem.
d) Other conditions as approved by action of the Commissioners Court.
B. All other requests for oiling in unincorporated areas ofthe county would beat the
requester's expense. Collin County shall be reimbursed for the cost of materials.
"
Page 9
Collin County Department
of Public Works
700 A West Wilmeth Road
McKinney, Texas 75069
(972) 548-3700
FAX No. (972) 548-3754
Application for dust control oiling due to chronic respiratory 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
la4ae+o!!4!*4444NN4l1444t444444NNN 4
1) Approximate distance residence is from county road. feet
2) Number of years lived at this residence. years
3) What side of road is residence located?
Circle one: North South East West
s 0444 NN4N*4NNNN Nl4444444444!#!!f!4 pGw�risCG3 CNIN*44N k!!4 �INNNil4lt*4**164NN *4NN!!N#
To be completed by physician.
Allergy which interferes with breathing or is life threatening
Interstitial
Pulmonary TB
Pulmonary Fibrosis
Lung Abscess
Hypoxemia
Asthma
Sarcoidosis
Bronchiolitis
Asbestosis
Dyspnea
Emphysema
Cystic Fibrosis
Other chronicAife 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:o1ffwn page 10
Irk,.7 Ite
POIJI-CY FOR
SUBDIVISIONS
ASSESSMENT POLICY FOR SUBDIVISION ROADS
Section I Assessment to Upgrade Roads in Subdivisions
A. Collin County may upgrade county roads as outlined in Senate Bili 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 consider upgrading a road or roads by assessment within
subdivisions in un -incorporated areas 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 construction:
(a) Donation of additional right-of-way, drainage or utility easeamts, 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 will not be included in the
assessment.
(d) Payment for all surveying platting, replatting and legal fees (to include title fees,
assignment of liens, etc.). These costs will 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'/0 of the utility relocation cost in an escrow account in a Collin
County Bank.
Section II Assessment Procedures
A. After the conditions in Section I have been met, the following procedures are required
before 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. Nat u u
sod wo it cocainued
(b) Within 10 days of the public hearing, Commissioners' Court shall 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 myority of the record
owners of real property in the subdivision vote in favor of the proposition.
(c) If the vote passes, Commissioners' 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 fails, 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 Commissioners' Court.
(e) An assessment shall be secured by alien against the real property of the assessed
property owner.
Suction III Appeals
An assessment may be appealed by filing a petition in the district court having
jurisdiction in the county not later than the 15th day after the date that a property
owner receives an assessment.
9 Section IV Uens
An assessment shall be secured by a lien against the real property Of" 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 been 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.
Section VII Reimbursement of Funds
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 500/a escrowed monies plus the remaining 50°l0
balance of the relocation cost)
B. Upon completion of the upgrading, the 10% escrowed monies shall be reimbursed to
Colin County.
C. The Wlo balance of the project cost including construction and other related cost as
noted in Section T of this policy shall be the total assessed amount and shall be
oollected by the county over an amortized period, not to exceed sixty months.
Pale 13