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Home My WebLink AboutR-1963-7-01RESOLUTION NO. 1963-7-01(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 CONSTRUCTION OF WEST 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 Interlocal Agreement by and between Collin County, Texas, and the City of Allen, Texas, for the construction of West Bethany Drive from Watters Road to Ahm Drive, 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 West Bethany Drive improvements up to a maximum of $2,425,000; and, WHEREAS, the Agreement provides for Collin County to reimburse the City when the project is 90% complete. ' NOW, THEREFORE, BE TT 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 on behalf of the City of Allen, substantially according to the terns 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 19TH DAY OF.iULY, 2001. APPROVED: Stephen TWrrell, MAYOR ATTEST: Su y Moriffion, CMC/AAE, CITY SECRETARY RESOLUTION NO. 1963-7-01(R) E7IIIBIT "A" - Solo Page COURT ORDER NO. 2001- ZV� -05-29 1WHE STATE OF TEXAS AGREEMENTS INTERLOCAL AGREEMENT THE CITY OF ALLENICOLLIN COUNTY 1999 BOND PROJECT -WEST BETHANY ROAD COUNTY OF COLLIN ENGINEERING On May 29, 2001, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered approval of an Interlocal agreement between the City of Allen and Collin County for construction of road improvements to West Bethany Road, 1999 Bond Project #99-00-04. Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the attached Interlocal agreement between the City of Allen and Collin County for the construction of road improvements of West Bethany Road from Watters Drive to Alma Road, 1999 Bond project #99-00-04. Total project cost estimated at $4,850,000.00. County to fund an amount not to exceed $2,425,000.00 (total amount due after receipt of notice from Pity that project is 90% complete) and further authorize County Judge to execute Agreement. ame is hereby approved as per the attached documentation. Jack Hatchell, Commissioner, Pct. 4 ATTEST: elen Stames, Ex -Officio Clerk Commissioners' Court Collin County, T E X A S Cou�XtltWwllCelW4n-W BMhq INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNING THE CONSTRUCTION OF BETHANY DRIVE IMPROVEMENTS 1999 BOND PROJECT #99-00-04 WHEREAS, the County of Collin, Texas ("County") and the City of Allen, Texas ("City's 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 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. ARTICLE 1. The city shall arrange to construct improvements to Bethany Drive, hereinafter called the "Project". The Project shall consist of constructing a minimum of four (4) lanes, a distance of approximately 1.10 miles (from Watters Road to Alma Drive). The improvements shall also include construction of underground storm sewers as part of the road improvements. 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 H. The City of Allen and private developers (Emerson Partners, hie. and Montgomery Farm Company, Ltd.) have entered into a Sale and Purchase Agreement for this project. The developer will hive an engineering firm to prepare plans and specifications for the improvements, award a contract to construct the improvements, and administer the construction contract. The City will review all construction drawings and inspect all construction, to ensue that the roadway is built according to City of Allen specifications. Upon completion of construction, the developer will sell and convey the roadway and land by fee simple title to the City of Allen for Fou Million Eight Hundred Fifty Thousand Dollars ($4,850,000). In all such activities, the City shall comply with all state statutory requirements. The City will provide the County with a copy of the Sale and Purchase Agreement for this project. ARTICLE III. The City of Allen will acquire all necessary right-of-way. The Emerson portion (owned by Emerson Partners and referred to as Section I in the Sale and Purchase Agreement) will be purchased with the roadway after completion of construction (See Article H). The Hamilton portion (Owned by A.V. Hamilton and referred to as Section II in the Sale and Purchase Agreement) will be acquired separately by formal purchase or condemnation. ARTICLE IV. The City has contracted with Emerson Partners to construct the road for $4,850,000. The County agrees to fund one-half of the total cost to construct the roadway in an amount not to exceed $2,425,000. The County will remit $2,425,000 within thirty (30) days after receipt of notice from the City that the project is 900/9 complete. Following completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein, the City shall remit the County 50 percent of the difference between the estimated cost and the actual cost. The Commissioners Court may revise this payment schedule based on the progress of the project. The "total cost of the Project' shalt included land acquisition, engineering, construction, inspection, testing, and construction administration costs. ARTICLE V. 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 VI. 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 VII. 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 VIII. 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 Wile 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 IX. ENTIRE AGREEMENT. The agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE X. 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 M. 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 that those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XII. 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 XIII 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 City Council for the City of Allen, Texas on JNIy 19 . 2001. Collin County has executed this agreement pursuant to duly authorized action of the Commissioners' Court Order No.OW-31(O5-�2q. tAl sFAlb �soldi=�n` 19b3-1-oiiR) EXECUTED in duplicate originals this aq day of � 2001. COU F LIN, TEXAS APPROVED AS TO FORM: By: By: t� Nam: _ Rtin NQPri s Name: i ci �a � //�t --�- Title: l',l)I 4d j ,luJQP. Title: J N oiJ' Dater Dee: QV0I EXECUTED in duplicate originals this L day of SjRb 2001. CITY OF ALLEN, TEXAS By: --� Peter H. gas CITY MANAGER APPROVED AS TO FORM: ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN is in tment was acknowledged before me on the I Stay of LTU06 2001, by D/l 'lftl County Judge of the County of Collin, Texas, on behalf of said county. +A�'HMn, YCOMLVKCIERO-- STATE o"- KI BERLY K.CN Jen=B, X ' 1 3.FF,h Notary Pub 'q Stat f Texas My Commission Expires: OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the 12cj day of JUI 2001, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation Connie S. Schofield Nolary Public. Stale of Teus SEPTEMBER 18, 2004 Notary Public, 'tate opTexas My Commission Expires: `a. -knk f