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HomeMy WebLinkAboutR-2277-4-04RESOLUTION NO. 22774-04(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 PLANO AND THE CITY OF ALLEN, TEXAS, CONCERNING TBT; CONSTRUCTION OF HEDGCOXE ROAD BKPROVEMENTS; 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 the City of Plano, Texas, and the City of Allen, Texas, for the construction of Hedgcoxe Road Improvements, a copy of which is attached hereto 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THIN CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Allen, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City of Allen, Texas. ' SECTION 2. This Resolution and the Interlocal Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Allen, Texas, at a regularly scheduled meeting of the City Council. SECTION 3. This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 27"a DAY OF APRIL, 2004. APPROVED: 9tephen errell, MAYOR ATTEST: C, CI RTARYShelleyB�� INTERLOCAL AGREEMENT BETWEEN CRY OF PLANO AND CITY OF ALLEN CONCERNING THE IMPROVEMENTS TO HEDGCOXE ROAD FROM CUSTER ROAD TO ALMA ROAD THIS AGREEMENT is made between the CITY OF PLANO, TEXAS, a home -rule municipal corporation (hereinafter referred to as 'Plano') and the CRY OF ALLEN, TEXAS, a home -rule municipal corporation (hereinafter referred to as 'Allen'), acting by and through their City Managers or their duly authorized representatives, as follows: WITNESSETH: WHEREAS, Plano and Allen (hereinafter the "parties") desire to enter into an agreement concerning the construction, reconstruction and widening of Hedgcoxe Road, from Custer Road to Alma Road, in the Cities of Plano and Allen, Collin County, Texas, and for the payment of the costs thereof (hereinafter the 'Project'); and WHEREAS, the parties previously entered into a Boundary Adjustment Agreement dated March 17, 2000 (the 'Boundary Adjustment Agreement'), which provided in part that Plano and Allen would make certain improvements and pay their respective share of the cost of completing Hedgooxe Road from Custer Road to Alma Drive and the revised boundary line between the cities would be the south right of way line of Hedgcoxe Road; 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 construction, reconstruction and widening of Hedgcoxe Road is a governmental function which will benefit the citizens of both parties; and WHEREAS, the parties will have current funds available to satisfy their obligations at the time those obligations become due; and WHEREAS, the parties have determined that the Hedgcoxe Road improvements may be constructed most expeditiously and economically by implementing this Agreement as set forth below. NOW, THEREFORE, this Agreement is made and entered into by Plano and Allen for the mutual consideration stated herein. INTERLOCAL AGREEMENT PAGE LSXLEG LMI"EDGOOXE(Vl W4) ARTICLE ONE Project Improvements The parties agree to make the following public improvements to Hedgcoxe Road between Custer Road and Alma Road: (a) Plano will construct two (2) additional westbound lanes, including appropriate storm sewer improvements from east of Duchess to west of Longwood; (b) Plano will construct three (3) eastbound lanes on Hedgcoxe Road, including appropriate storm sewer improvements, from a point west of Duchess to Iola, which includes reconstruction of the existing pavement from Georgetown to Iola; and (c) Allen will construct one additional eastbound lane on Hedgcoxe Road from Iola to Alma, (hereinafter the 'Improvements'). ARTICLE TWO Design Each city shall arrange and coordinate the design and construction of the Improvements as provided above. All Improvements shall be designed to meet or exceed current design standards and shall be constructed in accordance with the plans and specifications approved by the parties. ARTICLE THREE Construction Contract Each city shall prepare plans and specifications for their portion of the Improvements, accept bids and award a contract to construct their portion of the Improvements and administer the respective construction contracts. In all such activities, each city shall comply with all state law requirements. Each city will also provide the other city with a copy of the executed construction contract for their part of the Project. ARTICLE FOUR Duties and Payment 4.01 Plano will construct and pay for two (2) additional westbound lanes, including appropriate storm sewer improvements, on Hedgcoxe Road from east of Duchess to west of Longwood. INTERLOCAL AGREEMENT PAGE LSLLEGAL9 A-HEOGCO% (M15M) 4.02 Allen will reimburse Plano for the cost of the storm sewer improvements and 800 square yards of concrete associated with the construction of the two (2) westbound lanes on Hedgcoxe Road within sixty (60) days after Plano's award of a contract for this portion of the Project. 4.03 Plano will reconstruct the existing deteriorated pavement and pay for the new concrete paving on the eastbound lanes of Hedgcoxe Road between Georgetown and Iola. Allen will review the limits of the pavement replacement. Plano will also construct and pay for one (1) additional eastbound lane on Hedgcoxe Road from a point west of Duchess to Iola. 4.04 Allen will construct and pay for one (1) additional eastbound lane on Hedgcoxe Road from Iola to Alma within ten (10) years after the effective date of this Agreement. 4.05 In lieu of the construction obligations set forth in paragraph 4.04, Allen has the option, with the approval of Plano, of reimbursing Plano the cost of constructing the two (2) westbound lanes on Hedgcoxe Road, less the payment made for the 800 square yards of concrete, plus interest based upon the interest rate used in the Plano bond sale of 2004. Such interest will be calculated based on the time period from the date of completion of the Plano portion of the project (Plano acceptance of that portion of the Project) until the payment is made by the City of Allen. ARTICLE FIVE Maintenance Responsibility The parties agree that upon completion of the Plano Improvements and acceptance of the Plano Improvements herein, Allen will be solely responsible for the maintenance of Hedgcoxe Road from Custer Road to Alma Drive. ARTICLE SIX Funding Plano and Allen 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 at the time the payment becomes due. ARTICLE SEVEN Term This Agreement shall be effective upon approval by the City Council and subsequent execution by the City Manager of each party. The effective date will be the later of the dates this Agreement is executed by the parties. This Agreement shall continue in effect annually until all obligations hereunder are INTERLOCALAGREEMENT PAGE LSLLEGALMA-HEDGOOxE(Wl5 ) completed and each party has given final acceptance of the Project, in writing, to the other party. This Agreement shall automatically renew annually during this period. ARTICLE EIGHT Hold Harmless 8.01 Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or cause of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. 8.02 In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity available to either party individually under Texas law. Piano shall be responsible for its sole negligence. Allen shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. ARTICLE NINE 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 or 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, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE TEN Notices All notices required under the provisions of this Agreement must be in writing, hand -delivered or sent by registered or certified mail to the addresses below: Plano: City of Plano, Texas Attention: Alan Upchurch, City Engineer P. O. Box 860358 Plano, TX 75086-0358 INTERLOCAL AGREEMENT PAGE 4 LS' EGAL:04WHEDGCOXE(Vlt ) With copy to: City of Piano, Texas Attention: City Attorney P. O. Box 860358 Plano, TX 75086-0358 Allen: City of Allen, Texas Attention: John Baumgartner, City Engineer 305 Century Parkway Allen, TX 75013 With copy to: City of Allen, Texas Attention: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith 1800 Lincoln Plaza Dallas, Texas 75201 The name and address for notification may be changed by notice to the other party. ARTICLE ELEVEN Severability The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this 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 TWELVE 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 THIRTEEN 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. INTERLOCAL AGREEMENT PAGE LSX EGAL UTA-HEDGCO7(E (0/16104) ARTICLE FOURTEEN Interpretation This is a negotiated document and should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. ARTICLE FIFTEEN Remedies, Non -Waiver No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity, but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. ARTICLE SIXTEEN Entire Agreement This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. ATTEST: By: "Z6 -k4 - Name: <: tName: Elaine Bealke Title: City Secretary Date: _ y _0 APPROVED AS TO FO M: By:,�yy. Narft�: Diane Wetherbee Title: City Attorney Date: INTERLOCAL AGREEMENT LSYLEGAL04IA-HEDGC0XE(d/l5 ) CITY OF PLANO, TEXAS By: Name: Thomas H. Muelenbeck Title: City IdA er Date: v Executed on behalf of the City of Plano pursuant to City Council Resolution No. aoo�/-�/-/oleo PAGE ATTEST: By: Name: $kelley 6. eorge. Title: City Secretary Date: APPROVED AS TO FORM: Name: Peter G. Smith Title: City Attorney Date: v INTERLOCAL AGREEMENT (SUGAL:WIA-HEDGWXE (415/06) CITY OF ALLEN, TEXAS Y: Name: Peter H. 4rgaj Title: City Manae Date: 13, aco Executed on behalf of the City of Allen pursuant to City Counci Resolution No. .dq1-V-o�FCk PAGE ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN instrument was acknowledged before me on the I day of 2004, by THOMAS H. MUEHLENBECK, City Manager of the CIT F PLANO, TEXAS, a home -rule municipal corporation, on behalf of said m icipal corporation. STATE OF TEXAS COUNTY OF COLLIN Notary Public, State of Texas This instrument was acknowledged before me on the 13 a- day of ina..,f, , 2004, by PETER H. VARGAS, City Manager of the CITY OF AL EN, TEXAS, a home -rule municipal corporation, on behalf of said municipal corporation. "ss KAY DRESCHER yP N.WN Public � Sleu of Taxes •4J My Domm Exp, W't 5-200a INTERLOCAL AGREEMENT IS1LEGALMIA-HEDGCOXE (4/15/04) 1�-�1 Q1hta-� Notary Fyjblic, State of Texas PAGE 8 +"°� '•. BARBARA NEWE0. Notary obliq Buts of Teus My Commlulon Expires DctoDaf 07, 2007 STATE OF TEXAS COUNTY OF COLLIN Notary Public, State of Texas This instrument was acknowledged before me on the 13 a- day of ina..,f, , 2004, by PETER H. VARGAS, City Manager of the CITY OF AL EN, TEXAS, a home -rule municipal corporation, on behalf of said municipal corporation. "ss KAY DRESCHER yP N.WN Public � Sleu of Taxes •4J My Domm Exp, W't 5-200a INTERLOCAL AGREEMENT IS1LEGALMIA-HEDGCOXE (4/15/04) 1�-�1 Q1hta-� Notary Fyjblic, State of Texas PAGE 8 Pat Earn Mrya S sft Wl Meyer Pm Tem sero Maw Deputy Mayor No Tan SmaJoh7m" Plea l PMI Oyer Plea l Salt' Magnuson Place 4 Jeer Cannan Pace Ken Lamb Play B Thomas Mushlerteck Cary Manager PO Box960956 Rano, Texas 750M NSB 911-901-7000 city of plan NOTICE OF CERTIFICATION I, Elaine Bealke, City Secretary, City of Plano, Texas, do hereby certify that the attached document is a true and correct copy of Resolution No. 2004-4-10(R) duly passed and adopted on April 26 , 20 o4 by the Plano City Council, as the same appears of record and filed among the official records in the Office of the City Secretary, and that I am the official custodian of same. WITNESS MY HAND AND OFFICIAL SEAL this 29th day of April 2004 m:rtscendoc /l a 4-6—c for: Elaine Bealke, City Secretary RESOLUTION NO. 2004-4-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF PLANO AND THE CITY OF ALLEN FOR IMPROVEMENTS TO HEDGCOXE ROAD FROM CUSTER ROAD TO ALMA ROAD; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR, IN HIS ABSENCE, AN EXECUTIVE DIRECTOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Plano and Allen entered into a Boundary Adjustment Agreement dated March 17, 2000, providing in part that Plano and Allen would make certain improvements and pay their respective share of the cost of completing Hedgcoxe Road from Custer Road to Alma Drive; and WHEREAS, the City of Plano ("Plano") and the City of Allen ("Allen') desire to enter into an interlocal agreement setting out the terms and conditions for the construction, reconstruction and widening of Hedgcoxe Road, from Custer Road to Alma Road, located in the cities of Plano and Allen, Collin County, Texas (hereinafter the "Project'); and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and WHEREAS, the City Council has been presented a proposed Interlocal Agreement between Plano and Allen for the Project, a substantial copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter 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, in his absence, an Executive Director shall be authorized to execute it on behalf of the City of Plano. MAGENDA:042GRE5-HEDGCOXE RESOLUTION NO. 2004-4-10(R) PAGE 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS: Section I. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Plano and found to be acceptable and in the best interests of the City of Plano and its citizens, are hereby in all things approved. Section II. The City Manager or, in his absence, an Executive Director is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Plano, substantially according to the terms and conditions set forth in the Agreement. Section III. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED this the 26th day of April ,2004. Pat Evans, MAYOR ATTEST: Elaine Bealke, CITY SECRETARY APPROVED AS TO FORM: //` ane C. Wetherbee, CITY ATTORNEY