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Home My WebLink AboutR-2243-12-03RESOLUTION NO. 2243-12-03(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, CONCERNING PARTIAL FUNDING FOR THE WIDENING OF EAST BETHANY DRIVE; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed hrterlocal Agreement by and between Collin County, Texas, and the City of Allen, Texas, for the widening of East Bethany Drive from US 75 to Allen Heights, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; 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 should be authorized to execute the Agreement on behalf of the City of Allen, Texas; and, WHEREAS, Collin County has agreed to fund 50% of the East Bethany Drive improvements up to a maximum of $1,900,000; and, WHEREAS, the Agreement provides for Collin County to reimburse the City when the project is substantially complete or the bonds have been authorized and sold by Collin County, whichever occurs later. ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terns 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 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 3: The City Secretary shall forward a certified copy of this Resolution to County Judge Ron Hams and Ruben Delgado, Director of Engineering with Collin County. SECTION 4: This Resolution shall become effective from and after its passage DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 9TH DAY OF DECEMBER, 2003. APPROVED: ' O Stephen Te a 1, MAYOR ATTEST: Clll�� D She -Hey George, C, CITY SECRETARY INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNING THE CONSTRUCTION OF BETHANY DRIVE IMPROVEMENTS FROM US 75 TO ALLEN HEIGHTS DRIVE PROPOSED 2003 BOND PROJECT WHEREAS, the County of Collin, Texas, ("County") and the City of Allen, Texas, ("City") desire to enter into an agreement conceming the construction of improvements to Bethany Drive (the "Project) in Allen, Collin County, Texas; 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 the improvements may be constructed most economically by implementing 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. WITNESSETH: ARTICLE I. The City shall engineer, advertise, award a contract to construct improvements to Bethany Drive (See Exhibit "A"), hereinafter called the "Project." The Project shall consist of constructing two additional lanes in the center median of Bethany Drive from east of US 75 to the intersection with Allen Heights Drive and includes intersection improvements at US 75, Century Parkway, Greenville Avenue (SH5), Jupiter Road and Allen Heights Drive with appurtenances, a distance of approximately 2.25 miles. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City of Allen shall prepare plans and specifications for the improvements, advertise, bid and award a contract to construct the improvements and administer the construction contract. ARTICLE III. The City of Allen will acquire all necessary right-of-way. ARTICLE IV. The County agrees to fund one half of the total Project cost to construct the improvements which is estimated to be $3,800,000. The County shall remit these funds to the City the latter of substantial completion of the project (scheduled for May 2004) or upon funding of the first issuance of the Collin County Transportation Capital Improvement Bonds. The total Project cost shall include land acquisition, engineering, construction, inspection, material testing and construction administration costs. The City shall not be eligible for any interest expense. Upon substantial completion the City shall prepare for the County an itemized statement specifying project costs. ARTICLE V. If the total Project cost to construct the improvements exceeds $3,800,000, the City shall pay the excess costs. The County share shall be limited to $1,900,000, the amount proposed in the Collin County Transportation Capital Improvement Bond Program tentatively scheduled for November of 2003. ARTICLE VI. 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 VH. 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. ARTICLE VHI. 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 IX SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the 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 X. ENTIRE AGREEMENT. The agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XI. 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 XII. 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 of 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 parties do not create any obligations, express or implied, other than those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIII. 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. ARTICLE XIV. NOTICE. All notices required by this agreement shall be addressed to the following, or other such party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: If intended for Collin County Ruben Delgado, Director of Engineering Collin County Engineering Department 825 McDonald St., Suite 160 McKinney, TX 75069 Telephone: 972-548-3728 Email: directeng@co.collin.tx.us If intended for the City of Allen: Peter H. Vargas, City Manager City of Allen One Allen Civic Plaza 305 Century Parkway Allen, TX 75013 Telephone: 972-727-0110 Email: ovargasaa.citvofallen.org With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager, & Smith 1800 Lincoln Plaza 500 N. Akard Street Dallas, TX 75201 Telephone: 214-965-9900 Email: psmith@njdhs.com ARTICLE XV. AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION The undersigned officer and/or agent of the parties hereto are the duly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto. The City of Allen has executed this agreement pursuant to duly authorized action of the Fx City Council for the City of Allen, Texas, on te*wJN 'f , 2003. Collin County has executed this agreement pursuant to duly authorized action of the Commissioners Court Order No. EXECUTED in duplicate originals this _ day of 2003. APPROVED AS TO FORM: By: Name: Title: Date: COUNTY OF COLLIN, TEXAS 0 Name: Ron Hams Title: County Judee Date: EXECUTED in duplicate originals this 111 day of. /z�---!2003. CITY OF ALLEN, TEXAS By: �� ✓- Peter H. V gas CITY AG APPROVED AS TO FORM: 14= Peter G. Smithl CITY ATTORNEY ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the _day of 2003, by RON HARRIS, County Judge of the COUNTY OF COLLIN, TEXAS, on behalf of said county. Notary Public, State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the � day of ��PGr rs.b r! , 2003, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. . My Commission Notary Public, State of T,6xas oi pie,:,,_ ; 1' f Npl3ry Ppbk SIP P.S PSEPTEMBEF, R COLLIN CO COMM COURT Fax:972-548-4699 Nov 3 2004 9:27 P.02 i COURT ORDER NO. s0D4- J& 02- I AGREEMENTS THE STATE OF TEXAS INTERLOCAL AGREEMENT CIT' OF ALLEN BETHANY DRNE IMPROVEMENTS ENGINEERING COUNTY OF COLLIN met In ro ular On February to, 2004, the Commissioners Court of Collin Croou ,Texas, 0 session with the following members present and participating, Ren Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct t Jerry Hoagland NOTPRSQfi ECommissioner, Precinct 2 Commissioner, Precinct 3 Jae Jayynnes Jack Hat as Commissioner, Precinct ocal ADuring such llen for the construction of ion the Be Bethany Drive it considered mprovements from of an lUS 75 Allen Agreement Heights Drhre of Thereupon, a motion was made, seconded and tamed with a majority vote of the court authorizing the attached Interlocal Agreement with the City of Allen for the construction of Bethanyy Drive improvements from US 75 to Allen Heights D . e. Collin CorenSen Participation cost Is SL,900,000. Same is hereby approved as per the It!sn,pn�'�r+'n°e,vr�mw�a.�^+.a.•rma �..,ssm,es. CCLLIN CO C" Ca RT Fax:972-548-4699 Nov 3 2004 9:27 P.03 I 7o:CowmiasioneEsCoo�u.-�r,,��tt/� Daft: IY1N04 Prom; Ruben Delgadd/�— Subject: interlocal Agreement between Collin County sod the City of Allen Concerning the construction of Bethany Drive Improvements from US 75 to Allen Heights Drive - 2003 Bond Project 2003 Bond Project We request Commissioners Court consider approval of the above subject Interlocal Agreemrnt for engincoing sod construction of Bethany Drive improvements from US 75 to Allen Heights Drive - see attached location map, Collin County's participation mat is S1,9MM. We request Commissioners Court consider approval of the Intcrloca] Agreemem and authorize County Judge Ron Harris to sign the ILA. ac: Bill Bilyeu Rodney Rhoades M V.=3EMMUA9ErHAMYna1VEAr18rt =D : •. �T. �NT1_gpRl _ �• Btl311YM, TATUM Ell. N �� •'�, "mow- r` ��'..• A a �cN�NYIa ?' -' � •per— ri �`" `;. (�. V ..Lug •'✓' j� �%a Flu _ yEIG s 2. kowrran Ou AS - J,�CCNT6R 1! •: •. MQMSRRV 77 :4.2 hV AT ._ _1..--111.4 9NOlVW ARBOR RIDGE- CNURC RDW ... ._..._ .. I 70'd 2.Z:6 VOOZ 2 AON 6697-8GS-ZM:xed I21fT]J WWW) 03 NITO COLLIN CO COMM COURT Fax:972-548-4699 Nov 3 2004 9:28 P.05 i CITY OF ALLEN January 6, 2004 Mr. Ruben Delgado, P.E. Collin County Engineering Department 825 N. McDonald Street Suite 160 McKinney, Texas 75069 Re: Bethany Drive & Main Street Interlocal Agreements Dear Mr. Ruben: Attached are four originals of each Interlocal Agreement between Collin County and the City of Allen concerning the construction of Main Street improvements from Allen Heights Drive to Angel Parkway/FM 2551 and the construction of Bethany Drive improvements from US 75 to Allen Heights Drive. Please keep two of the originals (of each agreement) for your records and return two of each to us. We look forward to working with you to implement these important infrastructure projects. Please call me directly if you need additional information. Sin471.�.trr urs, zk ahm r City Engineer Attachments: Interlocal Agreements Cenifed Council Kcsolutions ALLEN CIVIC PLAZA• 105 CENTTOIC' X AY ALLEN, TEXAS 7501J.raa3 A EMAIL: .Y96,Nkn.u.w COLLIN CO COMM CdJRT Fax:972-548-4699 Nov 3 2004 9:28 P.06 I CITY OF ALLEN CERTIFICATION CITY OF ALLEN, TEXAS COLLIN COUNTY, TEXAS ¢ 1, Shelley 13. George, City Secretary of the City of Allen, Collin County, Texas, do hereby certify that the attached is a true and correct copy of the City of Allen Resolution No. 2243-12-03(R) duly passed and approved by the City Council of the City of Allen, Texas, on the 96 day of December, 2003. WITNESS MY HAND AND SEAL OF SAID CITY, this the 121° day of December, 2003. r Shelley B. George City Secretary City of Allen, Taxes ALLEN CIVIC PLAZA - M CENTURY PARKWAY • ALLRN, M)(Aa 13013.11032 OW7074100 EMAIL: cwecNW.I%n.M COLLIN CO COMM CaJRT Fax:972-548-4699 Nov 3 2004 9:28 P.07 RESOLUTION NO. 2243-1243(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 ANI) BETWEEN THE CITY OF ALLEN, TEXAS, AND COLLIN COUNTY, TEXAS, CONCERNING PARTIAL FUNDING FOR THE WIDENING OF EAST BETHANY DRIVE; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Tenn, has been presented a proposed Interlocal Agreement by and between Collin County, Texas, and the City of Allen, Texas, for the widening of Bast Bethany Drive from. US 75 to Allen HeighiS, a copy of which is attached hereto at lexhibit "A" and incorporated herein by mfereme; and, WHEREAS, upon full review and consideration of the Agreement, and all marten related thereto, the City Council is of the opinion and finds that the Rrmg and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement en behalf of the City of Allen, Tex"; and, WHEREAS, Collin County has agreed to fund 50% of the East Bethany Drive improvements up to a maximum of $1,900,000; and WHEREAS, the Agmcment provides for Collin Coucty to reimburse the City when the project is subsmntially complete or the bonds have been authorized and sold by Collin County, whichever occurs latff 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 die City of Allen and its citizens, be, and the same is hereby, in all things approved. SECTION 2: The City Manager is hereby authorized to execute the Agreement and all other dmurnoms in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth m this Agreement. 5EC1T01V a: The Cir/ 5e t, shall rorvs,d a certified copy of this Resolution to County Judge Ron Harris and Ruben Delgado, Director of Engineering with Collin County. SECTION 9: This Resolution shall became effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COLNCIL OF TRE CITY OF ALLEN, COLLIN COUNTY, TEXAS, OV THIS THE 2 DAY OF DECEMBER, 2003, APPROVED: Stephen Te a I, MAYOR ATTEST: Shelley Georgc,'f C, CITY SECRETARY COLLIN CD C" CO..RT Faxr972-548-4699 Nov 3 2004 9:28 P.08 I I INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNING TBE CONSTRUCTION OF BETHANY DRIVE IMPROVEMENTS FROM US 7S TO ALLEN HEIGHTS DRIVE PROPOSED 2003 BOND PROJECT WHEREAS, the County of Collin, Texas, ("COmny") and the City of Allen, Texas, ("City") desire to enter into An Agreement concerning the construction of improvements to Bethany Drive (the "Project") in Allen, Collin County, Texas; 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 Unctions and services under the teams of the Act and WHEREAS, the City and County have determined that the improvements may be constructed most ecorwmically by implementing this agreement. NOW, THEREFORE, this Agreement is made and entered into by the Courtly and the City upon and for the mutual consideration stated herein. ARTICLE L The City shall engineer, advertise, award a contract to construct improvements to Bethany Drive (See Exhibit "A'9, hereinafter called the "Pmlect" The Project shall consist of constructing two additional lanes in the center median of Bethany Drive from mat of US 75 to the intersection with Allen Heights Drive and includes intersection improvements at US 75, Century Parkway, Greenville Avenue (SHS), Jupiter Road and Allen Heights Drive with appurtenances, a distance of approximately 2.25 miles. All improvements shall be designed to meet or exceed the current Collin Cowry design standards and shall be constructed in accordance with the plana and specifications approved by the City. ARTICLE IL The City of ADM shall prepare plans end specifications for the improvements, advertise, bid And award a contract to construct the improvements and administer the construction contract. ARTICLE M. The City of Allen will =quire all necessary rigid -of -wry. COLLIN CO COMM CMRT Fax:972-548-4699 Nov 3 2004 9:29 P.09 ARTICLE N. The County agrees to head one half of the lou, Project cost to construct the improvemoaI which is estimated to be 33,800,000. The County shall remit these funds m the City the latmr of substantial completion of the project (scheduled fm May 20D4) or upon funding city the first issuance of the Collin County Tmnapottallon Capital Improvement Bands. The total Project cost shall include land acquisition, engineering, construction, inspection, materiel testing and construction administration com. The City shall not be eligible for my interest expense. Upon subgta LW completion the City Shall prepare for the County an itemized Statement gpeei*ftg project costs. ARTICLE V. If the total Project cost to construct the improvements exceeds S3,800,000, the City shall Pay the excess costs. The County share shag be limited to SI,900,Doo, the amount proposed in the Collin County Transportation Capital Improvement Bond Program tentatively scheduled for November of 2003. ARTICLE VI. 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 VIL rnmpr.4NIEICATi N. 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 IHSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED 70, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, RESPONSIBLE) IN CONNECTION WITH PERFORMINOTHER THIRD G THIS ALEGALLY AGREEMENTWHOM IT . ARTICLE VIII. Ems. Tle laws of the State of Texas shall govern the imerpreution, validity, p,%rmanec and enforcement Of this Texas, andthat exclusive a partiesnue hall gr a Collin Couee that this nty, Tent is performable in Collin Cuumy, COLLIN CO COM COURT Fax:972-548-4699 Nov 3 2004 9:29 P.10 ARTICLE IX. SEVERABII.ITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any sole or regulation having the force and affect of the law, the remaining portiots of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE X. PUIU AGREEMENT. The agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XI. SUCCES ORS3.___ AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign cr transfer an interest in this agreement without the written consent of the other party. ARTICLE XII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemod hereby to have waived any immunity of 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 parties do nut create any obligations, express or implied, other than those set forth herein, and this agreement shall not create any rights in parties not signatories harem. ARTICLE MIL TERM. This agreement shall be effective upon execution by both parties and shag continue in effect annually until tiro! acceptance of the Project. This agreement shall aututnatically renew annually during this period. COLLIN CO COW COJRT Fax:972-548-4699 Nov 3 2004 9:29 P.11 i'----.. ..--..-. . '--' --- I ARTICLE XIV. NOTICE. All notices required by this agreement shall be addressed to the following, or other such party or address as either party designates in writing, by certified mail, postage prepaid, or by hand dehvery: If intended for Collin County,- Ruben ounty.Ruben Delgado, Director of Engineering Collin County Engineering Department 825 McDonald St., Suiw 160 McKinney, TX 75069 Telephone: 972.548-3728 Email: direc4eng®cp.wllin.ta.ua If intended for the City of Allen: Peter H. Vargas, City Manager City of Allen One Allen Civic Plaza 305 Century Parkway j Allen, TX 75013 Telephone: 972-727-0110 Email: uvaresiRcitvofallen.ore With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager, & Smith 1800 Lincoln Plan 500 N. Akard Street Dallas, TX 75201 Telephone: 214-965-9900 Enrnil: praulh�ajdha_cem . --- a COLLIN CO COW CCIJRT Fax:972-548-4699 Nov 3 2004 9:29 P.12 ARTICLE XV. AUTHORITY TO SIGN / MY COUNCIL. AUTHORIZATION The undersigned officer and/or agent of tha parties bereto am the duly authorized officials and have the necessary authority to execute this agreemcat on behalf of the parties hereto. The City of Allen has executed this agreement pursuant to duly authorized action of the City Council for the City of Allen, Texas, an iQs_-9eM1.✓/i+/� 9 . 2003. Collin County has executed this agreement pursuant to duly authorized action of the Commissioners Court Order No. EXECUTED in duplicate originals this _ day of , 2003. APPROVED AS TO FORM: ay. Name: I Title Date: COUNTY F COLLIN TEXAS f By: .a w Name: Rem Harris Title: County 3udge, Date: :>.004-06(--a? .10 EXECUTED in duplicate originals this fA day of ;)atrsn ly 2003. CITY OF ALLEN, TEXAS By: Pc1cr H. Var CITY MAN G APPROVED AS TO FORM: Pekr 0. SmIth, CrTY ATTORNEY COLLIN CO C" CURT Fax:972-548-4699 Nov 3 2004 9:29 P.13 ACKNOWLEDGEMENTS STATE OF TEXAS § I COUNTYOFCOLLIN g This instrument wee acknowledged before mo on the taNy of003, by RON HARRIS, County Judge of the COUNTY OF COLLIN, TE.S, on behal said county, My Commission Expires: Co KIMBERLY M. SHELDON Nola, Fuaas STATEOFTEMS Ms memo. tap. 01/808007 STATE OF TEXAS ¢ I COUNTY OF COLLIN ¢ Thi instrument was acknowledged before me on the �n day of -rm tf 2003, by PETER H VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corpomboa, on behalf of such corporation. �J71e f�'rCe6C,, Notary Public, tate qPTexas My Commission Expires: -045 • Cn�iNa S SclwtiMn agar PIE ams of it %SEPT �a+n*Sot' f EMOEF td, ?Ops