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Home My WebLink AboutR-1214-1-94RESOLUTION NO. 1214-1-94(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, PROVIDING FOR A COOPERATIVE PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER OR HIS DESIGNEE AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Interlocal Agreement by and between the City of Allen, Texas, and Collin County, Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (herein called "Agreement"); and, WHEREAS, Upon full review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the City Manager, or his designee shall be authorized to execute it on behalf of the City of Allen; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: 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, are hereby in all things approved. SECTION 2: The City Manager or his designee of the City of Allen, 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 Cooperative Services Program including the designation of specific contracts in which the City desires to participate. SECTION 3: The City Manager, or his 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 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 6TH DAY OF JANUARY , 1994. APPROVED: Joe Farmer, MAYOR ATTEST: JU_d# Mo son, CMC, CITY SECRETARY COLLIN COUNTY Department of Public Works Operations April 14, 1994 Mr. Jon McCarty City Manager City of Allen One Butler Circle Allen, TX 75002 Re: INTERLOCAL COOPERATIVE AGREEMENT Dear Mr. McCarty: Please find attached your copy of the Interlocal Cooperative Agreement signed by Ron Harris, County Judge. If you have any questions, please do not hesitate to call me. Respectfully, Richard S. Boston, P.E. Assistant Director of Public Works Operations RSB : s n RB# 3 /A : SIGNLOCA 700 A West Wdmeth McKinney, -Fexas 75069. (214)548-3700. 424-1460 ext. 3700 (Metro). FAX (214)548-3754 INTERLOCAL COOPERATION AGRL-MENT WHEREAS, the Interlocal Cooperation Act, Article 4413 (32c), Vernon's Annotated Civil Statutes (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution"), specifically authorize counties and other political subdivisions comprised or located within the County, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act; and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the County and the political subdivision named herin are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas, a political subdivision of the State of Texas, and L21A:-� , political subdivision of the state of Texas INTERLOCAL COOPERATION ACREETMENT Page 1 which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration which may be stated herein. This agreement is as follows, to -wit: I. As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD MAINTENANCE IN ACCORDANCE WITH COURT ORDER NO. 90-589-07-30 (COPY ATTACHED). II. As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions:: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2). PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. INTERLOCAL COOPERATION AGREEMENT Page 2 Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, IV. This Agreement shall be effective from and after the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivisions who are parties hereto and shall remain in effect until revised or terminated, as agreed upon by both parties. Date: /—/ ?—. W COLLIN COUNTY, TEXAS By: Title: County udge INTERLOCAL COOPERATION AGREEMENT Page 3 �L Date: CJJR- � - (Political Subdivision INTERLOCAL COOPERATION AGREEMENT Page 4 COURT ORDER NO. 90-509-07-30 THE STATE OF TEXAS ) ADOPTION Or COUNTY ROAD POLICIES (CITIES) AMENDING PREVIOUS ORDERS COUNTY OF COLLIN ) PUBLIC WORKS On July 30, 1990, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and partici- pating, to wit: Cloward Thornton i Precinct 1 Jerry Hoagland Commissioner, Precinct 2 John Witherspoon Commissioner, Presiding COURT ORDER NO. 90-509-07-30 THE STATE OF TEXAS ) ADOPTION Or COUNTY ROAD POLICIES (CITIES) AMENDING PREVIOUS ORDERS COUNTY OF COLLIN ) PUBLIC WORKS On July 30, 1990, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and partici- pating, to wit: Cloward Thornton Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 John Witherspoon Commissioner, Presiding Jack Hatchell Commissi6ner, Precinct 4 During such session t -he court considered the following resolution to accomodate various changes regarding maintenance within city limits and which shall replace and supersede all previous orders (Ref. Court Order Nos. 01-544-10-05, 81-096-02-22, 04-790-11-12 and 05-506-00-12): WHEREAS, the Collin County Commissioners' Court desires that a consistent policy be continued concerning road work performed by the county within the corpgrate limits of cities; and WHEREAS, each city in Collin County has the responsibility to maintain, the roads and bridges within the city; and WHEREAS, Collin County has limited funds, personnel and equipment to apply to work in cities; NOW THEREFORE( BEAT RESOLVED that the following policy be adopted: 1. The commissioners' court may consider making or participating in improvements or major repairs, such as sealcoats, overlays, or pavement rebuilding, to roads and bridges that are on the official county thoroughfare plan and that are within the corporate limits of a city. The court may also consider working on roads which are not on the Collin County Thoroughfare Plan to include such items as providing dist control, grading, sealcoating, mowing, or brush cutting, cleaning of drainage ditches, emergency repair of bridges and culverts, etc. 2. If road or bridge improvements or repairs are authorized on a t-hgroughfare road by the collunissioners' court-, the city will be required to reimburse the county for the cost of the materials used in the project oi' for one-half of the total cost of the project (including labor and equipment), whichever is greater. If work is authorized on a non -thoroughfare road by commissioners' court, the city will be required to reimburse the county for the total crust of the work, to include materials, equipment and labor. 4. Authorization for work in cities can only be given by the commis- sioners' court. 5. Prior to commencement of any authorized project, the city must place the required amount in escrow in a Collin County bank. Approved, ordered and dated this thefii day of July, 1990. John D. ATTEST: Helen Starnes, Ex- icio Clerk Commissioners' ourt Collin County, T E X A S therspoon, Commissioher, Presiding Collin County, T E X A S III IM I lrrry COLCcoG�' b COURT ORDER NO. 90-509-07-30 PAGE 2 3. All requests must be submitted to the director of public works by April 1 of the year prior to the year improvements are desired to be made. Emergency requests will be evaluated by the commissioners' court and upon the merits presented by the requesting city. 4. Authorization for work in cities can only be given by the commis- sioners' court. 5. Prior to commencement of any authorized project, the city must place the required amount in escrow in a Collin County bank. Approved, ordered and dated this thefii day of July, 1990. John D. ATTEST: Helen Starnes, Ex- icio Clerk Commissioners' ourt Collin County, T E X A S therspoon, Commissioher, Presiding Collin County, T E X A S III IM I lrrry COLCcoG�' b Y •. * �M1JIJ! 1 t 111 tttt�� 10�`````