R-1490-4-97RESOLUTION NO. 1490-4-97(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ENTERING INTO A INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR CONSTRUCTION OF
MCDERMOTT ROAD BETWEEN CUSTER (FM 2478) & U.S. 75.
WHEREAS, the City Council recognizes the need for the the construction of McDermott Road
(F.M. 2170 West) from Custer road (F.M. 2478) to West of U.S. 75 through the City of Allen; and,
WHEREAS, the City Council appreciates the efforts of Collin County for planning, designing and
proposing funding of this project of McDermott through the City of Allen, in the 1995 Collin County
Bond Program; and,
WHEREAS, the City Council enter into the Interlocal Cooperation Agreement, and:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS THAT:
SECTION 1: The city will cooperate fully with Collin County in the planning and construction of
this roadway.
' SECTION 2: The city hereby agrees to combine the funds allocated for this project for the
construction of this project and let the contract for the project in 1997.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THIS CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 3 RD DAY OF APRIL, 1997.
APPROVED:
nq�#i
Kevin L. Lilly, MAYO
ATTEST:
' Ju y Mor lson, CMC, CITY SECRETARY
The State of Texas )
County of Collin
COPY
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN
FOR CONSTRUCTION OF MCDERMOTT ROAD
BETWEEN CUSTER (FM 2478) AND US 75
WHEREAS, the County of Collin, Texas, hereinafter called "COUNTY" and the City of
Allen, Texas, hereinafter called "CITY" desire to enter into an agreement relating to the
construction of McDermott Road (FM 2170 West) from Custer Road (FM 2478) to West of US
75, designated as Project #95-2 on the Collin County Bond Program, and hereinafter referred to
as the PROJECT, and the construction of FM 2170 East from Allen Heights to FM 2551,
designated as Project #95-3 on the Collin County Bond Program; and
WHEREAS, the 1995 Collin County Bond Program allocated $5,000,000.00 for
PROJECT 995-2; and
WHEREAS, the 1995 Collin County Bond Program allocated $1,350,000.00 for
PROJECT #95-3; and
WHEREAS, the INTERLOCAL COOPERATION AGREEMENT, Chapter 791,
Government Code, V.T.C.A., provides authorization for 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 City and County, in paying for the performance of governmental
functions or services under this Agreement, understand and agree that all payments therefore
shall be made only from current revenues legally available to each party respectively.
NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the
COUNTY and the CITY upon and for the mutual consideration stated herein:
WITN-_SII'
ARTICLE I.
COUNTY and the CITY hereby agree to combine the funds allocated to PROJECT #95-2
and PROJECT #95-3 and apply the combined funds for the construction of PROJECT.
ARTICLE II.
COUNTY hereby agrees to provide funds for the PROJECT construction.
ARTICLE III
CITY agrees to provide funds for the engineering, utility relocation and right-of-way
acquisition for PROJECT.
ARTICLE IV
CITY hereby agrees to provide the COUNTY written notification when the CITY has
awarded and will execute a construction contract for the PROJECT to the lowest qualified
bidder.
ARTICLE V.
COUNTY hereby agrees to forward to the CITY the funds for the construction of the
PROJECT after the CITY executes the PROJECT construction contract to the lowest qualified
bidding contractor and ten (10) days atter the CITY issues a NOTICE TO PROCEED with
construction.
ARTICLE VI.
CITY hereby agrees to administer the construction of the PROJECT. CITY hereby agrees
to provide the COUNTY a construction status report every 30 days beginning with the
Contractor's Notice to Proceed to Construction from the CITY.
ARTICLE VII.
INDEMNIFICATION. To the extent allowed by law, CITY shall release, defend,
indemnify and hold harmless COUNTY and its officers, agents and employees from and against
all damages, injuries (including death), claims, property damages (including loss of use), losses,
demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any
way arising out of, related to, or resulting from the performance of the PROJECT work or caused
by the negligent act or omission of CITY, its officers, agents, employees, subcontractors,
licensees, invitee or any other third parties for whom CITY is legally responsible.
ARTICLE VIII.
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 IX.
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 to be
contrary to the law or contrary to any rule or regulation having the force and effect of the law,
such decisions shall not effect theremainin
occurrence of such event, either party may g portions of the Agreement. However, upon the thirty (30) days written notice. terminate this Agreement by giving the other party
ARTICLE X.
ENTIRE AGREEMENT. This Agreement and its attachments embodies the entire
agreement between the parties and may only be modified in writing if executed by both parties.
ARTICLE XI.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties
hereto, their successors, heirs, personal representatives and assigns. Neither party will assign,
sublet, subcontract or transfer any interest in this Agreement without the written consent of the
Other party. No assignment, delegation of duties or subcontract under this contract will be
effective without the written consent of the CITY.
ARTICLE XII.
IMMUNITY. It is expressly understood and agreed that, in the execution of this
Agreement, either 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, express or implied, other than those set forth herein, and this Agreement shall
not create any rights in parties not signatories hereto.
Executed this _ day of
pursuant to Commissioners' Court Order No.
Resolution No. 1490-4-97(R)
APPROVED:
COUNTY OF COLLIN, TEXAS
Ron Harris, County Judge
Date:
CITY ALL
OF A
Kevin L. Lilly, Mayo
Date:
1997, by the County of Collin,
and by City of Allen
M-70
I
Aj�
CITY OF ALLEN
TO: 4MCTY, CITY MANAGER
FROM: GEORGE CONNER, DIRECTOR OF PUBLIC WORKS
SUBJECT: APPROVE RESOLUTION TO ENTER INTO INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR CONSTRUCION
OF MCDERMOTT ROAD BETWEEN CUSTER AND US 75
DATE: MARCH 28, 1997
BACKGROUND
The City of Allen has been unsuccessful in obtaining
federal or state funds to construct FM 2170 West and FM
2170 East. There is little prospect of getting the
projects on the ISTEA list in the near future. The city
has sold bonds for 204 of the cost, in hopes that ISTEA
would furnish the 804. In an effort to build the
projects the city asked for the two projects to be
placed on the Collin County bond election. These were
voted in, and funded 504 of the two projects.
ANALYSIS
McDermott West was estimated to cost $10,000,000 and now
is estimated at $12,700,000. The City is requesting the
Collin County bond funds for McDermott East be
transferred to the McDermott West project, and would
still be 504 of the new project cost. The McDermott
East project would be built sometime in the future when
the need is more evident and funds are available.
The County would still be financing 504 of a bond
project, and we are asking them to transfer the East
funds to the West project.
The City Council authorize the Mayor to sign a
resolution and interlocal agreement with Collin County
for construction of McDermott Road between Custer and US
75.
ONEBUTLER CIRCLE ALLEN, TEXAS 75013
9771727-0100