File #: 07-516    Version: 1
Type: Agenda Item Status: Approved
File created: 3/19/2007 In control: Board of Supervisors
On agenda: 4/17/2007 Final action: 4/17/2007
Title: Transportation Department recommending Chairman be authorized to sign Road Improvement Project Funding Agreement 07-1377 with Mitchell McAllister in the amount of $51,288 to provide funding for road improvements on Fairover Court in the Texas Hill Estates Road Zone of Benefit No. 12 as required under the conditions of approval of Certificate of Compliance 97-205; and recommending Budget Transfer 27198 in the amount of $51,288 increasing revenue and expenditures for said improvements. (4/5 vote required) RECOMMENDED ACTION: Approve. FUNDING: Donation by Property Owner.
Attachments: 1. AGMT 07-1377, 2. AGMT 07-1377 Contract Routing Sheet, 3. AGMT 07-1377 Vicinity Map, 4. Budget_transfer1
Title
Transportation Department recommending Chairman be authorized to sign Road Improvement Project Funding Agreement  07-1377 with Mitchell McAllister in the amount of $51,288 to provide funding for road improvements on Fairover Court in the Texas Hill Estates Road Zone of Benefit No. 12 as required under the conditions of approval of Certificate of Compliance 97-205; and recommending Budget Transfer 27198 in the amount of $51,288 increasing revenue and expenditures for said improvements.  (4/5 vote required)
RECOMMENDED ACTION:  Approve.
 
FUNDING: Donation by Property Owner.
 
Body
BUDGET SUMMARY:
 
 
Total Estimated Cost
 
$ 51,288
 
 
 
     Funding
 
 
          Budgeted
$
 
          New Funding
$ 51,288
 
          Savings
$
 
          Other
$
 
     Total Funding Available
$ 51,288
 
Change To Net County Cost
 
$ 0
      
Fiscal Impact/Change to Net County Cost:
Upon approval by your Board, a budget transfer will be processed making the following adjustments to the Texas Hill Estates Road Zone of Benefit budget for fiscal year 2006/2007:
1) $51,288 will be added to budgeted revenues; 2) $48,888 will be added to expenditures for road maintenance to cover the cost of the work conditioned under Certificate of Compliance (COC) 97-205; and 3) $2,400 will be added to inter-fund expenditures to cover zone of benefit administration costs to process the bid, contract and this Funding Agreement.  Once the Funding Agreement is fully executed, the property owner, Mitchell McAllister, will provide the funds to be deposited in the Zone of Benefit account.
 
There is no net cost to the Texas Hill Estates Road Zone of Benefit, to the Road Fund, or to the General Fund.
 
Background:
Your Board formed the Texas Hill Estates Road Zone of Benefit on October 16, 1984 by Resolution 326-84 for the purpose of providing road improvement and maintenance services on the roads within the Zone boundaries.  Assessor's Parcel Number 096-020-46 and 096-050-13, which are the subject of COC 97-205, are owned by Mitchell McAllister and are located within the boundaries of the Texas Hill Estates Road Zone of Benefit.  As a condition of approval of COC 97-205, Mr. McAllister is required to make certain improvements to Fairover Court, which is maintained through the Texas Hill Estates Road Zone of Benefit and is considered a public road.
 
Reason for Recommendation:
Landowners are not permitted to use private money to independently improve roads within a zone of benefit.  Instead, the landowner is required to contribute the cost of the improvement to the zone of benefit and then contract through the County for the work in compliance with applicable laws and ordinances. The amount deposited by the property owner via the Funding Agreement includes administrative charges to cover the cost of processing documents for bidding and contracting in addition to the actual project costs.  The Texas Hill Estates Road Zone of Benefit will not bear the cost of administrative or road improvement costs related to this project.  
 
The Department of Transportation requested bids for the improvements prescribed under COC 97-205 and obtained approval for a contract to perform the work with Delta Construction Company, Inc.  The Notice to Proceed for the work will not be issued until the Funding Agreement is fully executed and the funds are deposited in the account for the Texas Hill Estates Road Zone of Benefit.  
 
Unexpended funds for administrative costs and the ten percent contingency allowance plus any interest earned while the funds are on deposit will be refunded to Mr. McAllister after the notice of completion is issued.  Additionally, if the project does not commence before June 30, 2007, donations for the road improvement work and any unexpended administrative costs will be returned to Mr. McAllister.  
 
Action to be taken following Board approval:
 
1.  The Board Chairman will sign two originals of the Funding Agreement # 07-1377 with Mitchell
      McAllister.
2.   The Board Clerk will forward two copies of the fully executed Agreement to the Department
     of Transportation for further processing.
3.  The Board Chairman will approve and sign the budget transfer attached.
 
Contact:  Tom Celio, Deputy Director of Maintenance x 4905
 
Concurrences: County Counsel