Discussion and possible action to approve an Intergovernmental Agreement with Maricopa County for the design, construction, and construction management, rights of way acquisition, utility relocation, ownership, operation and maintenance of El Mirage Road from SR 303L on the south to Jomax Road on the north.

El Mirage Road is a planned major arterial roadway in the Peoria General Plan and will ultimately connect SR 74 on the north to SR 303L on the south. The proposed project will form an important piece of this transportation puzzle by providing a continuous roadway with direct access to SR 303L to, and from, the surrounding communities to the north and west. Future sections of El Mirage Road from SR 74 to the CAP will be constructed by the developers themselves as development occurs along this segment, with the section from the CAP to Jomax already constructed by developers. This leaves the section of El Mirage Road from SR 303L to Jomax Road to complete this connection.

Currently this section of El Mirage Road is a discontinuous roadway north of SR 303L with only limited improvements north and south of Happy Valley Road. An existing traffic interchange at SR 303L terminates just north of the interchange with no access to the area north of SR 303L. An unpaved road south of Happy Valley Road provides access to existing utility facilities in the area and McMicken Dam. North of Happy Valley Road limited roadway improvements serve a local subdivision and terminate south of Jomax Road near the Beardsley Canal.

The proposed initial roadway configuration will have two lanes and bicycle lanes in each direction, a landscaped median, sidewalks and street lighting. The ultimate configuration will add an additional lane in each direction. The roadway alignment is situated within the City of Peoria planning area within Maricopa County. Land ownership includes the Flood Control District of Maricopa County, State Land, private, and the City of Peoria.

In 2022, Maricopa Association of Governments (MAG) completed a Feasibility Study for this section of roadway. The study developed and explored alternative roadway alignments and identified a recommended alignment for further study. A subsequent Design Concept Report (DCR) and Environmental Assessment (EA) continued the development of this alignment and is anticipated to be finalized in December 2025.

A significant portion of the proposed roadway is situated outside of the City of Peoria, within Maricopa County. This agreement will facilitate the design, construction, and operation of the roadway by the City of Peoria within the jurisdiction of Maricopa County and the transfer of existing Maricopa County right of way to the City of Peoria.

The purpose of the IGA is to identify and define the responsibilities of the City and the County. Some of the terms of the IGA are as follows:

The County will:

•  Provide no-cost permits for design, construction, and traffic control, as necessary, to the City for any Project-related work that lies within County boundaries.
•  Upon execution of this Agreement, dedicate to the City all existing rights of way or easements within the Project corridor to the City.
•  Convey all ownership, operations and maintenance of El Mirage Road, within the Project Area, to the City.
•  Provide the City with maintenance records, as-builts, plats, and/or existing legal descriptions/exhibits upon request. 
•  Coordinate with the City on any future development that may improve or impact El Mirage Road and/or the Project.
•  Coordinate with the City on any proposed improvements to Happy Valley Road that may impact the Project.

The City will:

•  Act as lead agency for all aspects of the Project.
•  Be financially responsible for the Project design, construction, ownership, operations and maintenance.
•  Apply to the County for no-cost permits for design, construction, and traffic control, as necessary, for any Project-related work that lies within County boundaries.
•  Design and construct the Project to City standards and be responsible for review and approval of all plans and for construction inspection and approval.
•  Acquire the necessary right of way, easement and/or land use right for the Project. The City will accept conveyance of existing County rights of way or easements within the Project corridor upon execution of this Agreement.
•  Upon conveyance of all existing rights of way or easements within the Project corridor to the City, accept all ownership, operations and maintenance responsibilities for El Mirage Road.
•  Upon issuance of the notice to proceed for construction for the Project, construct, operate, and maintain all components of the Project. This responsibility will include permitting of utilities or other future modifications within the City right of way such as new utilities, repair of existing utilities, and modification to the roadway by other agencies or entities due to future development or improvements. The City will assume liability and responsibility for the Project extents in accordance with applicable laws. 
•  Own, operate and maintain the future traffic signal at the intersection of Happy Valley Road and El Mirage Road as part of the City of Peoria Traffic Signal System.
•  Submit to Maricopa County Real Estate Department (MCRED), for review and approval, the draft ordinance with a legal description and exhibit defining the exterior boundary of the right of way and easements to be conveyed.
•  Annex the County right of way within the Project limits, at such time that the City determines that annexation is possible.

Below is a proposed Project schedule. The phasing and limits will be determined as part of the study (Design Concept Report). This schedule will depend on funding opportunities from additional agencies and developers.

• June 2019 - MAG Regional Council approved the transfer in the Arterial Life Cycle Program (ALCP) of Maricopa County Department of Transportation’s Jomax Road: SR 303L to Sun Valley Parkway project and funding to the City of Peoria for the design, right-of-way and construction of Jomax Road: SR 303L to Vistancia Boulevard.
• October 2022 - MAG Regional Council approved the transfer in the ALCP of project savings from the City’s Jomax Road: SR 303L to Vistancia Boulevard project to the City’s El Mirage Road: SR 303L to Jomax Road project.
• February 2023 - MAG Regional Council approved a TIP amendment shifting project funding for the El Mirage Road: SR 303L to Jomax Road project from Regional Area Road Funding (RARF) to Surface Transportation Block Grant Program (STBGP) federal funding.
• February 2023 – The City requested project initiation from ADOT for El Mirage Road: SR 303L to Jomax Road.
• June 2023 – The City and ADOT executed IGA for DCR and EA.

Staff recommends approval of the Intergovernmental Agreement with Maricopa County for the design, construction, and construction management, rights of way acquisition, utility relocation, ownership, operation and maintenance of El Mirage Road from SR 303L on the south to Jomax Road on the north.

This Intergovernmental Agreement is executed in conjunction with the design and construction of El Mirage Road and as such does not incur any direct project cost associated with the execution of this agreement.  Funding for the operation and maintenance of El Mirage Road from SR303L to Jomax Road are programmed in the City’s 10-year CIP.