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HomeMy WebLinkAboutR-3517-9-17RESOLUTION NO. 3517-9-17(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE TOWN OF FAIRVIEW, TEXAS, RELATING TO MAINTENANCE OF US 75 LANDSCAPING AND IRIUGATION IMPROVEMENTS; 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 Amended and Restated Interlocal Cooperation Agreement by and between the City of Allen, Texas, and the Town of Fairview, Texas, a copy of which is attached hereto and incorporated herein by reference therein called "Agreement') regarding landscaping and irrigation improvements along US 75; 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 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 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 maintenance of landscaping and irrigation improvement along US 75. SECTION 3. 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 26T" DAY OF SEPTEMBER 2017. APPR VED: tephen errell, MAYOlk ATTEST: ' S ey B.urge, CITY RE ART Y COPY STATE OF TEXAS § AMENDED AND RESTATED COUNTY OF COLLIN § INTER -LOCAL COOPERATION AGREEMENT This Amended and Restated Inter -Local Cooperation Agreement (`Agreement') is by and between the City of Allen, Texas (`Allen') and the Town of Fairview, Texas (`Fairview") (collectively the "Parties" or singularly the "Party"), acting by and through their authorized officers. RECITALS: WHEREAS, the Parties previously entered into that certain Inter -local Cooperation Agreement dated June 9, 2009 (the "Original Agreement'); and WHEREAS, the Parties desire to amend and restate the Original Agreement as set forth herein; and WHEREAS, the Parties previously entered into Inter -Local Cooperation Agreements for the funding of, and for the design and construction of Stacy Road from US 75 to Greenville Avenue/State Highway 5 (the `Roadway") dated February 14, 2006 and December 31, 2005; and WHEREAS, the Roadway adjoins the common boundaries of the Parties with the center line of the Roadway as the common boundary of the Parties; and WHEREAS, the Parties desire to enter into an Inter -Local Cooperation Agreement to provide for the maintenance of the Roadway; and WHEREAS, the Inter -local Cooperation Act, Texas Government Code, Chapter 791 authorizes any local governments to contract with one or more local governments to perform governmental functions and services under the terms of the Act; NOW THEREFORE, in consideration of the foregoing and other consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Article I Purpose The purpose of this Agreement is to provide for the maintenance and allocation of the costs of maintenance of the Roadway including the maintenance and capital replacement of street lights and traffic signalization on the Roadway. Page 1 Amended and Restated Inter -local Cooperation Agreement CR3 of Allen and Ton n of Fain iea 36.89734 Article If Term 2.1 The term of this Agreement shall begin on the last date of execution hereof (the "Effective Date") and shall continue for a period of ten (10) years (the "Initial Term"). On the expiration of the Initial Term the term of this Agreement shall automatically renew for successive terms of ten (10) years each on the expiration date of the then current term, unless sooner terminated as provided herein. 2.2 This Agreement shall terminate upon any one or more of the following events: (a) by written agreement of the Parties; and (b) by either Party in the event the other Party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof to such breaching Party. Article III Maintenance and Cost Responsibilities 3.1 Median and Landscape Area Maintenance. Allen shall provide for, or contract for, the maintenance of the median of the Roadway and the area depicted in Exhibit "A" (the "Landscaped Area"), including mowing, irrigation system maintenance, bed maintenance, pruning, plant replacement and litter removal. Allen shall also provide irrigation water for the median improvements and the Landscaped Area at the normal Allen internal rate for irrigation water. The costs of the median maintenance and water irrigation shall be shared equally by the Parties. The costs of the maintenance of the Landscaped Area shall be paid by Fairview. 3.2 Street Lights. Allen shall provide, or contract for the maintenance of the 44 street light fixtures on the Road" ay pursuant to the Allen annual contract for street light maintenance with the applicable utility company. Currently the annual contract provides for routine maintenance (Bulb replacement, photo cell replacement, ballast replacement and monthly audit) at a set monthly fee per fixture and "non routine maintenance" is provided on a time and material basis. The costs for street light maintenance shall be shared equally by both parties. The costs of electricity for the street lights shall be paid for by Allen at the Allen rate but shared equally by the Parties. 3.3 Traffic Simialization. Fairview shall pay the monthly electric costs for the traffic signalization on the Roadway. Allen shall pay all other maintenance costs including timing, adjustments, "trouble shooting', any responses to weather incidents, LED replacements, and replacement of all other signal parts including "knockdowns". 3.4 Monthly Invoices. Allen shall provide a monthly invoice to Fairview for Fairview's share of the costs for the maintenance of the Roadway set forth in this Article III on or about the 5`h day of each calendar month beginning with the 5`h day of the calendar month following the City of Allen and Tmrn of Fairview 36.89]34 Effective Date which shall include the charges for the previous ending calendar month. (except that the first Monthly Invoice shall include the charges that have been incurred since January 1, 2009). Fairview shall pay the amount set forth in the Monthly Invoice within 10 business days after receipt thereof. In the event Fairview disputes or contests any of the charges set forth in a Monthly Invoice, Fairview shall nonetheless pay the invoiced amount and notify Allen in writing at the time of payment of the specific charges being contested. Allen will review any such contest of the Monthly Invoice and respond in writing to Fairview Article IV Miscellaneous 4.1 Assignment. This Agreement may not be assigned by either Party hereto without the prior written consent of all other Parties. 4.2 Notice. Except as may be provided otherwise herein, any notice, demand or request required or pennitted to be delivered hereunder shall be deemed received when delivered in person or sent by United States Mail, postage prepaid, certified mail, or by hand -delivery or facsimile transmission addressed to the Party at the address set forth below: If intended for City of Allen City of Allen Attn: Stephen Terrell, Mayor One Allen Civic Plaza 305 Century Parkway Allen, Texas 75013 214.509.4100 — telephone 214.509.41 I8 - facsimile With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 N. Akard Dallas, Texas 75201 214.965.9900 — telephone 214.965.0010 — facsimile If intended for City of Fairview: Town of Fairview Attention: Darton Culbertson, Mayor 372 Town Place Fairview, Texas 75069 Agreement City of Allen and Too n of Fain ieo 36.89734 972.562.0522 — telephone 972.886.4203 - facsimile Any Party may, at any time, by written notice to the other Party, designate different or additional persons or different addresses for the getting of notices hereunder. 4.3 Amendment. This Agreement may be amended by the mutual written agreement of both Parties hereto. 4.4 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 4.5 Governing Law. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the Parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 4.6 Entire Agreement. This Agreement represents the entire agreement among the Parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the Parties that in any manner relates to the subject matter of this Agreement. 4.7 Recitals. The recitals to this Agreement are incorporated herein. 4.8 Counterparts. This Agreement may be executed in any number of counterparts, each of whom shall be deemed an original and constitute one and the same instrument. 4.9 Indemnification. To the extent allowed by law, each Party agrees to release, defend, indemnify, and hold harmless the other Party (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 attorney's 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. This Agreement and the indemnity provided herein is not intended to and shall not create any cause of action for the benefit of third Parties or any person not a party to this Agreement. 4.10 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. Page 4 Amended and Restated Inter -local Cooperation Agreement Ciro of Allen and Tow n of Fain icn 36.i973J (Signature Page to Follow) City of Allen and Town of Fairview 36.89131 EXECUTED this '&14day of _`a0"—, 2017. CITY OF ALLEN, TEXAS / By: Avlo w�✓ Peter H. Va g s, C y Manager Attest: By: I y B, g , Ci Secret y --- Approved As To Form: By: l w'�L&dA_ o& Teter G. Smith, City Attorney EXECUTED this day of , 2017. Attest: TOWN OF FAIRVIEw, TEXAS In By: Elizabeth Cappon Town Secretary Approved As To Form: By: Name: Clark McCoy Title: Town Attorney City of Allen and Town of Fain lew 36.89734 Julie Couch Town Manager d 65Y 6v i vt. usi WLG sxsr @Ir nw..c jL..�p wrl enarcr n MGv s m a I