Loading...
R-2025-2-02RESOLUTION NO. 2025-2-02( ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND COLLIN COUNTY, TEXAS, CONCERNING ROUTINE ROAD AND BRIDGE MAINTENANCE; 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 Cooperation Agreement ("Agreement') by and between Collin County, Texas, and the City of Allen, Texas, for routine road and bridge maintenance, 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, the City of Allen will reimburse Collin County for any requested work; and, WHEREAS, the attached Agreement replaces the current Interlocal Cooperation Agreement, and shall remain in effect for an initial tern of one (1) year, and shall automatically renew for successive one year terms unless terminated by a party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. ' 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 on 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 Jon Kleinheksel, Director of Public Works 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 7m DAY OF FEBRUARY, 2002. ' Stephen Terrell, MAYOR ATTEST: CMC/AAE, CITY SECRETARY EXHIBIT "A" RESOLUTION NO. 2025-2-02(R) INTERLOCAL COOPERATION AGREEMENT WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes 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 herein are desirous of entering into this Intedocal 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 City of Allen , political subdivision of the State of Texas which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual convenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to -w@: INTERLOCAL COOPERATION AGREEMENT PACE EXHIBIT "A" RESOLUTION NO. 2025-2-02(R 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 IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25. It. 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. III. To the fullest extent allowed by law, each party hereto agrees to defend and indemnify the other from any claims, demands, costs orjudgments 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 for an initial term of one (1) year, but shall automatically renew for successive one year terms unless terminated by a party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. INTERLOCAL COOPERATION AGREEMENT PAGE 2 EXHIBIT "A" RESOLUTION NO. 2025-2-02M IV Cont. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a nonappropriation by the paying party, the performing party shall be relieved of its responsibilities hereunder as of the first day of the fiscal year of such nonappropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. Date: By: COLLIN COUNTY, TEXAS Title:Ron Harris, County Judge (Political Subdivision) INTERLOCAL COOPERATION AGREEMENT PAGE COURT ORDER NO. 2002- ��`� -05-13 THE STATE OF TEXAS AGREEMENTS INTERLOCAUROAD AND BRIDGE IMPROVEMENT PROJECTS COUNTY OF COLLIN ENGINEERING On May 13, 2002, 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 with the City of Allen for participation on Road and Bridge Improvement Projects. Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the Interlocal Agreement with the City of Allen for participation on Road and Bridge Improvement Projects and further authorize County Judge to execute same. Same is hereby approved as per the attached documentation. ATTEST: Helen Starnes, Ex -Offs to Clerk =� Commissioners' Court Collin County, T E X A S S=1]n deala%wn aoozwi«anaoea a e dge-ten os,sax EXHIBIT "A" RESOLUTION NO. 2025-2-02(R) INTERLOCAL COOPERATION AGREEMENT WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the 'Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes 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 herein 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 City of Allen , political subdivision of the State of Texas which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual convenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to -wit PAGE 1 N RLOCAL COOPERATIONA REEMENT EXHIBIT "A" RESOLUTION NO. 2025-2-02(R) 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 IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25. 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. Ill. To the fullest extent allowed by law, 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 for an initial term of one (1) year, but shall automatically renew for successive one year terms unless terminated by a party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. INTERL99AL COOPERATION AGREEMENT PAGE2 EXHIBIT "A" RESOLUTION NO. 2025-2-02(R) IV Cont. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a nonappropriation by the paying party, the performing party shall be relieved of its responsibilities hereunder as of the first day of the fiscal year of such nonappropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. Date: Date: P PrI.1I aoo- COLLI ECN , TEXAS By: Title:Ron Harris, County Judge O;h of Allen (Political Subdivision) By:�-- Title: INTERLOCAL COOPEMIIQN AOREEMENr PAGES