R-3163-8-13RESOLUTION NO. 3163-8-13(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS,
AND COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION IN THE RIGHT
OF WAY COSTS FOR THE INTERCHANGE BETWEEN US 75 (CENTRAL
EXPRESSWAY) AND SH 121 (SAM RAYBURN TOLLWAY), AUTHORIZING ITS
EXECUTION BY THE CITY MANAGER OR DESIGNEE, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed hderlocal Agreement
by and between the City of Allen, Texas, and Collin County, Texas, a copy of which is attached hereto and
incorporated herein by reference (herein called "Agreement'); and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City
Manager or designee should be authorized to execute the Agreement on behalf of the City of Allen, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The terms and conditions of the Agreement, having been reviewed by the City Council of the
' City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the
same is hereby, in all things approved.
SECTION 2. The City Manager or designee, under the direction of the City Council of the City of Allen, is
hereby designated as the official representative to act for the City in all matters relating to the right of way cost
for the interchange between US 75 (Central Expressway) and SH 121 (Sam Rayburn Tollway).
SECFION3. The City Manager or designee is hereby authorized to execute the Agreement and all other
documents in connection therewith on behalf of the City of Allen, substantially according to the terms and
conditions set forth in this Agreement.
SECTION 4. This Resolution shall take effect immediately from and after its passage, and it is accordingly so
resolved.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE IP DAY OF AUGUST, 2013.
AR:`,. MAY
ATTEST::
�� S elley B. George, TRMC, CITY SECRETARY
INTERLOCAL AGREEMENT
' BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN
FOR RIGHT-OF-WAY PARTICIPATION
AT THE INTERCHANGE OF
US 75 (CENTRAL EXPRESSWAY) AND SH 121 (SAM RAYBURN TOLLWAY)
NEW Bond Project #07-00-22
WHEREAS, the County of Collin, Texas ("County') and the City of Allen, Texas
("City") desire to enter into an agreement concerning the City Right of Way participation
with Texas Department of Transportation ("TxDOT') for the interchange between US 75
and SH 121 (TxDOT ROW CSJ # 0364-04-045); 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 has entered into an agreement with the Texas Department of
Transportation (TxDOT) for 10% of the Right of Way costs for the interchange between
US 75 and SH 121 as defined in 43 TAC, §15.55; and
WHEREAS, the total cost of the Right of Way, stipulated in the agreement between City
and TxDOT, was estimated to be $1,500,000; and
' WHEREAS, the final reconciled cost of the Right of Way, as determined by TxDOT, is
$8,885,697; and
WHEREAS, the City and County have determined that the improvements are of regional
significance, and merit partnership between the two agencies; and
WHEREAS, the City has requested the County reallocate funds from Bond Project #
#07-003, (Exchange Parkway Overpass at SH 121) to fund 50% of the City's Right of
Way participation with TxDOT; and
WHEREAS, the City and County agree that the County funding for Bond Project #07-
003, (Exchange Parkway Overpass at SH 121) will be reduced by $444,234.85
per this agreement;
NOW, THEREFORE, this Agreement is made and entered into by the County and the
City upon and for the mutual consideration stated herein and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
H
' ARTICLE I.
The City shall enter into an "Agreement to Contribute Funds — Local
Government" with TxDOT (hereinafter "TxDOT Agreement") for their 10% share of the
Right of Way costs for the interchange between US 75 and SH 121. City's participation
in the Right of Way costs is $888,569.70,
ARTICLE II.
The County shall submit funds in the amount of $444,234.85 to the City within
thirty (30) days after the City's written request for the release of funds.
ARTICLE III.
The City shall prepare and provide for the County documentation showing funds
have been submitted to TxDOT for the City Right of Way participation within thirty (30)
days after funds have been submitted to the state.
ARTICLE IV.
' The City and County agree that the party paying for the performance of
governmental functions or services shall make those payments only from current
revenues legally available to the paying party.
ARTICLE V.
INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH
PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD
HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES)
FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES
(INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE),
AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS,
INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY
WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS
PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS
NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE
OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR
WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH
PERFORMING THIS AGREEMENT.
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ARTICLE VI.
VENUE. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement. The parties agree that this Agreement
is performable in Collin County, Texas and that exclusive venue shall lie in Collin
County, Texas.
ARTICLE VII.
SEVERABILITY. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any
reason held by a court of competent jurisdiction to be contrary to law or contrary to any
rule or regulation having the force and effect of the law, the remaining portions of the
agreement shall be enforced as if the invalid provision had never been included.
ARTICLE VIII.
ENTIRE AGREEMENT. This Agreement embodies the entire agreement
between the parties and may only be modified in a writing executed by both parties. This
Agreement supersedes all prior negotiations, representations and/or agreements, either
written or oral.
ARTICLE IX.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, their successors, heirs, personal representatives and assigns. Neither party
will assign or transfer an interest in this Agreement without the written consent of the
other party.
ARTICLE X.
IMMUNITY. It is expressly understood and agreed that, in the execution of this
Agreement, neither party waives, nor shall be deemed hereby to have waived any
immunity, or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement, the
parries do not create any obligations, express or implied, other that those set forth herein,
and this Agreement shall not create any rights in parties not signatories hereto.
ARTICLE XI.
TERM. This Agreement shall be effective upon execution by both parties and
' shall continue in effect annually until final acceptance of the Project. This Agreement
shall automatically renew annually during this period.
I
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APPROVED AS TO FORM:
By:
Name:
ATTEST:
By:
Name: Shelley B. George
Title: City Secretary
APPROVED AS TO FORM:
Name: Peter G. Smith
Title: City Attorney
COUNTY OF COLLIN, TEXAS
Name:
Title: County Judge
Date:
Executed on this_day of
2013, by the County of Collin,
pursuant to Commissioners' Court
Order No.
CITY OF ALLEN, TEXAS
Name: Peter H. Vargas
Title: City Manager
Date:
Executed on behalf of the City of
Allen pursuant to City Council
Resolution No.
Coversheet
AGENDA DATE:
CITY COUNCIL AGENDA COMMUNICATION
August 13, 2013
Page I of 2
SUBJECT: Adopt a Resolution Authorizing the City
Manager to Enter into an Interlocal
Agreement Between the City of Allen and
Collin County for Right of Way Costs for the
US 75 and SH 121 Interchange and Amend
the Project Budget to $890,000
STAFF RESOURCE:
PREVIOUS COUNCIL ACTION:
ACTION PROPOSED:
BACKGROUND
Chris Flanigan, Director of Engineering
On March 13, 2007, City Council authorized
the City Manager to execute an agreement
with TxDOT for the acquisition of
approximately 9 acres of property associated
with the improvement to the US 75 and SH
121 right-of-way and create a project budget
of $200,000
Adopt a Resolution authorizing the City
Manager to enter into an Interlocal Agreement
between the City of Allen and Collin County
for right of way costs for the US 75 and SH
121 Interchange and amend the project budget
to $890,000
On March 13, 2007, the City entered into an agreement with the Texas Department of
Transportation (TxDOT) for 10% of the right of way costs for the interchange Between US 75
and SH 121. The initial estimate for the cost of right of way acquisition was $1,500,000 with
the City portion being $150,000. Now that Right of Way has been finalized, the actual final
cost is $8,885,697 with the City's portion to be $888,569.70 (i.e. the local 10% match).
This agreement would partner with Collin County to share the total local match contribution at
a 50/50 split (each paying $444,234.85).
BUDGETARYIMPACT
http://allenpublic.novusagenda.com/Blueshect.aspx?IteniID--4332&MeetinglD=445 10/14/2013
Coversheet
Page 2 of 2 .
Once this agreement is approved by Collin County, the City will invoice the County
($444,234.85) immediately and pay TxDOT the total sum when those funds are received. The
City has already paid $150,000 to -date, so non -bond street funding within the CIP will be spent
to pay the difference to TxDOT ($738,469.70) as follows:
A envy
Expended
Remaining
Total
City of Allen
$150,000.00
$ 294,234.851
$ 444,234.85
Collin County
-
$ 47234.851
$ 444,234.85
TOTALS
$ 738,469.701
$ 888,569.70
STAFF RECOMMENDATION
Staff recommends adopting a Resolution authorizing the City Manager to enter into an
Interlocal Agreement between the City of Allen and Collin County for right of way costs for
the US 75 and SH 121 Interchange and amend the project budget to $890,000.
MOTION
I make a motion to adopt a Resolution authorizing the City Manager to enter into an
Interlocal Agreement between the City of Allen and Collin Countyfar right of way costs for
the US 75 and SH 121 Interchange and amend the project budget to $890,000.
Interlocal Agreement
http://allenpublic.novusagenda.comBluesheet.aspx?IteniID=4332&MeetinglD=445 10/14/2013