R-1964-7-01RESOLUTION NO. 19647-01(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 ADVANCE FUNDING OF THE
ALMA DRIVE EXPANSION; 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 expansion of Alma Drive from Bel
Air Drive to Tatum 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 terns 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 advance $585,000 for the expansion of Alma Drive from Bel Air
Drive to Tatum Drive and the funds are payable to the City within 30 days of issuance of the notice to proceed
to the contractor; and,
WHEREAS, the Agreement provides that the City of Allen will repay the advanced funding to Collin County
1 by June of 2004.
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 terns and conditions set forth
in this Agreement.
SECTION 3: The City Secretary shall froward 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 19'm DAY OF AlY, 2001.
APPRO D:
ATTEST:Stephen Terrell, MAYOR
Aidy Mo n, CMC/AAE, CITY SECRETARY
4 RESOLUTION NO. 1964-7-01(R)
EXHIBIT "A" - Solo Page
COURT ORDER NO. 2001- 016 ' -05-29
THE STATE OF TEXAS AGREEMENTS
INTERLOCAL AGREEMENT
THE CITY OF ALLEN/COLLIN COUNTY
1999 BOND PROJECT -ALMA 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 Hatchet[
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 Alma Road, 1999
Bond Project #99-00-05.
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 Alma Road from Bel Air Drive to Tatum Drive, 1999
Bond project #99-00-05. Total project cost estimated at $650,000.00. County to advance City
funds in an amount not to exceed $585,000.00, and further authorize County Judge to execute
Agreement. Same is hereby approved as per the attach ed dQcumentron.
ATTEST:
elen Starnes, Ex -Officio Clerk
Commissioners' Court
Collin County, T E X A S
Ceuil]Ltl1NIw11Co1AlIvnJJma Rtl
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN
CONCERNING CONSTRUCTION IMPROVEMENTS TO ALMA ROAD
1999 BOND PROJECT #99-00-05
WHEREAS, the County of Collin, Texas ("County") and the City of Allen, Texas ("City")
desire to enter into an agreement concerning the construction improvements to Alma Road (the
"Project's 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 terns 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 I.
The city shall arrange to construct improvements to Alma Road, hereinafter called the
"Project". The Project shall consist of widening the existing two lanes to a four -lane roadway, a
distance of approximately 0.60 miles from Bel Air Drive to Tatum Drive. 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 II.
The City shall prepare plans and specifications for the improvements, accept bids and
award a contract to construct the improvements and administer the construction contract. In all
such activities, the City shall comply with all state statutory requirements. The City provides the
County with a copy of the executed construction contract(s) for the Project.
ARTICLE III.
The City shall also acquire a total of approximately two (2) acres of real property on
either side of the existing roadway for use as right-of-way.
ARTICLE IV.
The City estimates the total actual cost of the project to be $650,000. The county agrees
to advance the City of Allen funds to construct the improvements in an amount not to exceed
$585,600. The county shall remit this amount ($585,600) to the city within thirty (30) days after
the City issues a Notice to proceed to the lowest responsible bidder and the City requests
payment or upon the availability of bond funds for the Project, whichever occurs later. Following
completion of the Project, the City shall reimburse the County contributed funds with the sale of
new capital improvement bonds in June 2004. If the actual cost to construct the Project is less
than the portion paid by the County ($585,600), the City shall remit the difference between the
County contribution ($585,600) 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' shall
include land acquisition, engineering, construction, inspection, testing, and construction
administration costs.
ARTICLE V.
If the total cost to construct the Project exceeds the amount estimated in Article IV above,
the City shall pay the excess cost.
ARTICLE VI.
The City shall prepare for the County an itemized statement specifying Project costs that
have been incurred to date and submit detailed Project cost within thirty (30) days after Project
completion.
ARTICLE VII.
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 ply.
ARTICLE VIII.
INDENNIFICATION. 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, SUMS,
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 IX.
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 X.
SEVERABIIdTY. 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 XI.
ENTIRE AGREEMENT. The agreement embodies the entire agreement between the
parties and may only be modified in a writing executed by both parties.
ARTICLE XII.
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 XIII.
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 XIV.
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 XV
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 agreeme t ursuant to duly authorized action of the
City Council for the City of Allen, Texas on , 2001. Collin County
has executed d this agreement pursuant to duly authorize action of the Commissioners' urt
Order No. Q00i- x9. 00i-315-05-Ati of All" MA -`7-01(0
EXECUTED in duplicate originals this �Q q day of M 2001.
COUN' k F C LLIN, TEXAS
APPROVED AS TO FORM:
By:
By: --_—_-----
Nam: on Harris
IMM
Title: l 'u uYlt . . )unne,
Title:
Date:
Date: Z —
EXECUTED in duplicate originals this o�rr day of J uxN 2001.
CITTYY O ALLEN, TEXAS
By:
Peter H. faros
CITY MA"
APPROVED AS TO FORM: ��//
L .lite.. O� �if'1'Yw1
Peter G. Smith ATTORNEY
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
��m ,nBtru�nt was acknowledged before me on the L"day of, 5Un� 2001,
by rbn �i6rriS , County Judge of the County of Collin, Texas, on behalf of said
county.
'�3s.,' KIMBERLY K. CEFi1ENES
N tEsf. t. e M!'a
MY COMMISSION EXPIRES
Notary Public, Statf Texas
'..SriR JenuMy28, 2003
My Commission Expires: l 2? 63
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the -ZW day of
! 2001, by PETER H. VARGAS, City Manager of the CITY OF
ALLEN E XAS, a home -rule municipal corporation, on behalf of such corporation.
+, y . Connie S.Schofeld
.' ` '1 NOUrM S:1 S,
SEPTEMBER 18, 2004
Notary Public, State ok7exas
My Commission Expires: I kll0ll
09/13/2000. 02:22
9727270134
CITVOFALLEN
PAGE 01
- COURT ORDER NO. 2000- oC4tp -o4.10
•
THE STATE OF RECEIVED TEXAS � ROADS: IMPROVEMENTS
BETHANY DRIVE AND ALMA DRIVE
11' 7 29X I FINANCIAL PARTICIPATION
COUNTY OF COLLIN CITY OF ALLEN
CITY
On April 10, 2000, the Commissioners _Courto chin 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 Hatched Commissioner, Precinct 4
During such session the court considered the support and financial participation in a I.oint
project with the City of Allen for construction of Bethany Drive to a four lane divided roadway
between US75 ($2,425,000.00, total project cost $4,850,000.00) and Alma Drive in the Citjr of
Allen, and further to advance funds to cover the cost of the Alma Drive widening protect
($1,171,200.00) with $585,600.00 the City of Allen's portion to be reimbursed to the County by
June 2004.
Thereupon, a motion was made, seconded and carried with a majority vote of the court
authorizing the support and financial participation in a joint project with the City of Allen for
construction of Bethany Drive to a four lane divided roadway between US75 ($2,425,000.00,
total project cost $4,850,000.00) and Alma Drive in the City of Allen, and further to advance
funds to cover the cost of the Alma Drive widening project with $585,600.00 the City of Allen's
portion to be reimbursed to the County by .lune 2004. Same Is hereby approved In
accordance with the attached documentation.
ATTEST: p,.�
'9da hA J V" i,n l tA,
e an tame*, c o ArK
Commissioners' Court
Collin County, T E X A S
Jack Hatchell, Commissioner, Pct.
Pmt•M FM Note
7671 on _ 13 ►
C AK
oa
Pis•
rnvnw
caaF _rs
Fu•
09/13/2000 02:22 9727270134 CITVCFALLEN PAGE 02_ _
RECEIYEG
COMY,ISSIONER'S COUP,)'
7_1 FED -7 Pii 4: I I
February 4, 2000
CITY OF ALLEN
The Honorable Ron Harris, Collin County Judge
The Honorable Phyllis Cole, County Commissioner
The Honorable Jerry Hoagland, County Commissioner
The Honorable Joe Jaynes, County Commissioner
The Honorable Jack Hatchell, County Commissioner
Collin County Courthouse
210 S. McDonald Street
McKinney, Texas 75069
Re: Bethany Drive construction between US 75 and Alma Drive
Dear Honorable Judge Harris and Members of the Commissioners' Court:
The purpose of this letter is to request funds for the proposed construction of Bethany Drive to a
four -lane divided roadway between US 75 and Alma Drive in the City of Allen, The total cost of
this project is estimated to be $4,850,000. Engineering plans for this project have been
completed.
Bethany Drive is a major six -lane divided arterial on the City's Thoroughfare Plan. From a
regional viewpoint, there is no east/west connection between Alma Drive and US 75 south of
McDermott Drive until Legacy Drive. McDermott Drive and Legacy Drive are approximately
2.5 miles apart, which exceeds the standard distances in thoroughfare plans. Hedgcoxe Road is
located between McDermott Drive and Legacy Drive and it is a major six -lane divided arterial on
both Plaza's and Allen's Tboroughfare Plans. However, Hedgcoxe Road ends at Alma Drive and
does not connect to US 75. Consequently, people living in areas west of US 75 between
McDermott Drive and Legacy Drive have to use either McDermott Drive or Legacy Drive to
access US 75. The extension of Bethany Drive hither west to Alma Drive would create an
east/west arterial connection and convenient access to US 75 for the people living in this area.
Currently, the section of Bethany Drive east of US 75 to Allen Heights hive is a four -lane
divided roadway. Existing traffic volume on this section of the roadway is over 26,000 vehicles
per day. The City submitted a request for TE421 Funds to expand this section of Bethany Drive
from a four -lane divided road to a six-lanc divided road, and this project has been selected for
funding from STP -MM Funds. However, Bethany Drive west of US 75 is only a two-lane
undivided road to Bel Air Drive, with the exception of the section between US 75 and Watters
oreavrLr CMI.E Au ,Texw390ors
972n27-0100 • FAX 977/27-0167
EMAIL m®cWke "
09/13/2000 02:22 9727270134 CITVOFALLEN PAGE 03
Februa,y 4, 2000
Collin County Judge and Commissioners
Page 2
Road that is being constructed as a four -lane divided road. A TranPlan model analysis
Performed by NCTCOG and Collin County shows that projected traffic volume on Bethany
Drive west of US 75 for the build -out scenario will exceed 48,000 vehicles per day.
We believe that the Bethany Drive West project will bring a tremendous benefit to the Collin
County regional transportation system. As a matter of fact, we submitted this project for TEA21
Funds. Although this project was not selected for TEA21 Funding, the project scored very well
(six projects away from the last funded project on the list). Participation from Collin County will
allow this project to start immediately. Without the contribution from Collin County, the City
will only be *able to build a two -]ane derided -road for this section of Bethany Drive.
The existing Alma Drive between Bel Air Drive and Hedgcoxe Road is a two-lane divided
roadway. It would be appropriate to widen Alma Drive between McDermott Drive and
Hedgeoxe Road to a four -lane divided road as part of the project to extend the four -lane divided
Bethany Drive west to Alma Drive. This would complete Alma Drive as s four -lane divided
roadway from SH 121 to Hedgcoxe Road. Alma Drive from Exchange Parkway to SH 121 is a
joint -funded project between Collin County and the City of Allen. We estimate that the cost of
widening Alma Drive to a four -lane divided roadway between McDermott Drive and Hedgcoxe
Road will be $585,600. The City of Allen would like to request a loan from Collin Couaty for
these funds to cover the cost of the Alma Drive widening project and reimburse the County when
the City sells bonds for the Capital Improvement Program in June, 2004.
Project
Project
Project
County
City
Name
Limits 8 Description
I Cost
Participation
Participation
W. Bethany
Watters -Alma, widen to 4 lanes
$4,850,000
$2,425,000
1 $2,425,000
Drive
1
Alma Drive
Bel Air-Suncreek, widen to
$585,600
$585,600
4 lanae
1
1($585,600')
"The City to reimburse the County by June, 2004.
The City of Allen greatly appreciates the continued support and assistance from Collin County.
Please contact me at 972/727-0110 if I can provide additional information.
Respectfully yours,
Peter H. V�
City Manger
rla