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HomeMy WebLinkAboutR-2167-5-03RESOLUTION NO. 2167-5-03(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COI I,IN 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 hmterlocal 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 fords 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; if the transportation capital improvement bonds are authorized by the voters by May of 2004. WHEREAS, the Agreement provides for Collin County to reimburse the City when the project is substantially complete in 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 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 is hereby authorized to execute the Agreement and all other documents in connection therewith an 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 13r'm DAY OF MAY, 2003. APP/ROVED: Stephen Terrell, MAYOR ATTEST: 0 _ Shelley B. Georg RETARY INTERLOCAL AGREEMENT COPY 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 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 functions and services under the terns 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 1. The city shall arrange to construct improvements to Bethany Drive (See Exhibit 'W), hereinafter called the "Project". The Project shall consist of constructing 2 additional lanes in the center median of Bethany Drive from east of US 75 to the intersection with Allen Heights and includes intersection improvements at US 75, Century Parkway, Greenville Avenue (SH5), Jupiter Road and Allen Heights 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, accept bids 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 if the Collin County Transportation Capital Improvement Bonds (tentatively scheduled for November 2003) are approved by voters. 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. If the election to issue Collin County Transportation Capital Improvement Bonds for road improvements is unsuccessful or the County does not hold an election to issue Collin County Transportation Capital Improvement Bonds for road improvements by May 7, 2004, then the County is under no obligation to pay the City for one-half the roadway improvement costs. ARTICLE VII. 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 VIII. 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 IX. 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 X. 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 XI. ENTIRE AGREEMENT. The agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. SUCCESSORS NDA SIGNS. 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 XIII. 1104UNUY. 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 XIV. 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 XV. 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: directcng@co.collin.tx.us If intended for the City of Allen: Atm. Peter H. Vargas, City Manager City of Allen One Allen Civic Plaza 305 Century Parkway Allen, TX 75013 Telephone: 972-727-0110 Email: ovareas(tacatvofallen.ore With copy to: Peter O. Smith Nichols, Jackson, Dillard, Hager, & Smith 1800 Lincoln Plaza 500 N. Akard Street Dallas, TX 75201 Telephone: 214-965-9900 Email: psntith@njdhs.com ARTICLE XVI. 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 ursuant to duly authorized action of the City Council for the City of Allen, Texas on _ 2003. Collin County has executed this agreement pursuant to duly authorizewaction 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 Ind= Date: EXECUTED in duplicate originals this day of 2003. CITY OF ALLEN, TEXAS By: Peter H. Vt gas CITY MANACjER APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY ACKNOWLEDGMENTS 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 JS day of 2003, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TE , a home -rale municipal corporation, on behalf of such corporation. Fieri Notary Pub , State of Texas My Commission Expires: EXHIBIT A EAST BETHANY WIDENING US 75 to ALLEN HEIGHTS