The primary purpose of this Intergovernmental Agreement is to provide a framework for the allowing half-street improvements within right-of-way within Maricopa County located adjacent to property located within the city to be constructed to city standards and to allow street improvements to right-of-way located within the city but that are to remain county streets to be constructed to county standards. The IGA will result in a more simplified and consistent process that will also accelerate the completion of an agreement by eliminating the need for separate agreements each time a situation arises in which the city or county wants to have its standards apply to the construction of street improvements located within the other’s jurisdiction.

ADOPT RESOLUTION NO. 2023-2316 APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF GOODYEAR FOR COORDINATION OF ROADWAY STANDARDS RELATED TO PRIVATE DEVELOPMENTS AND PROVIDING DIRECTION AND AUTHORIZATION. (Christopher Bridges, Transportation Planning Manager)

There is no fiscal impact for this item.

When development occurs within the jurisdiction of the City, improvements to the half-street (i.e., to the center line) of roadways adjacent to the development are generally required to be designed and constructed to meet the City’s standards.  This is a problem when the right-of-way within which the street improvements are to be constructed is located within the county’s jurisdiction because street improvements within right-of-way located within Maricopa County (the “County”) are to be built to County standards.  Conversely, when improvements to streets within right-of-way located within the city’s jurisdiction are to be built to city standards.  This is a problem when the street is to remain a County street, such as MC-85. 

In the past, the city and County have entered into separate agreements to allow city standards to apply to the construction of half-street improvements adjacent to property within the city that is being developed and to allow county standards to be apply to construction of improvements to streets located within the city but that are to remain County streets.  Those agreements include terms requiring the jurisdiction whose standards will apply to accept responsibility for the sections of the streets being improved, including taking actions needed to bring the sections of the streets being improved within their respective jurisdictions through the annexation process for streets within the County built to city standards and the de-annexation process for streets within the city built to County standards.

Streets in County Built to City Standards. 
Under the terms of the proposed IGA, each LOA allowing half-streets located within the County to be constructed pursuant to city standards will include a commitment by the City to annex the half-streets identified in the LOA (the “City Subject Roadways”) and to accept all liability associated with the Subject Roadway(s) as well as all maintenance and operation responsibilities upon approval of an applicable LOA.  The LOA will provide that the City assume responsibility for plan review, inspections and traffic control for the half-streets to be annexed.  The annexation is to be processed upon the completion of the City Subject Roadways.  The annexation commitment set forth herein is subject to confirmation that (i) the County has a property right over the City Subject Roadway(s); (ii) the conditions and requirements for annexation set forth in A.R.S. § 9-471 have been met or the conditions and requirements for a transfer under A.R.S. § 9-471(O) have been met; and (iii) the approval by the Goodyear City Council of the annexation of the City Subject Roadway(s).

Streets in City Built to County Standards
Under the terms of the proposed IGA, each LOA allowing improvements to streets located within the city to be constructed pursuant to County standards (the “County Subject Roadways”) will include a commitment by the County to accept  the County Subject Roadways through the de-annexation process set forth in A.R.S. § 9-471.03 and a commitment to accepting the County Subject Roadways as well as all liability associated with the County Subject Roadway(s) and all maintenance and operation responsibilities upon approval of an applicable LOA.  The LOA will provide that the County assume responsibility for plan review, inspections and traffic control for the streets to be de-annexed.  The de-annexation is to be processed upon the completion of the County Subject Roadways.  The de-annexation process is subject to (i) confirmation that the City has a property right over the County Subject Roadways; and (ii) the City’s satisfaction of the conditions and requirements for de-annexation set forth in A.R.S. § 9-471.03. 

Staff Recommendation. 
Staff recommends adoption of Resolution 2023-2316 approving and authorizing the execution of an Intergovernmental Agreement Between Maricopa County and the City of Goodyear for Coordination of Roadway Standards Related to Private Developments (the “IGA”).  The proposed IGA eliminates the need for separate agreements by allowing the city engineer and director of Maricopa County Director to enter into Letter(s) of Agreement (“LOA”) that will allow half-streets located within the County but adjacent to property within the city that is being developed to be constructed to meet city standards and that will allow improvements to streets located within the city but that are to remain County streets to be constructed to meet County standards. The LOA contain terms consistent with the separate agreements that were previously used to address these types of situations.  This simplified process expedites the development process and the completion of street improvements private developers are to construct in connection with the development of their projects by eliminating the need to negotiate separate agreements and the delays associated with the getting these intergovernmental agreements to public bodies for approvals and adoption during public meetings.