R-3517-9-17RESOLUTION NO. 3517-9-17(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BY
AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE TOWN OF FAIRVIEW,
TEXAS, RELATING TO MAINTENANCE OF US 75 LANDSCAPING AND
IRIUGATION IMPROVEMENTS; AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Amended and Restated
Interlocal Cooperation Agreement by and between the City of Allen, Texas, and the Town of Fairview, Texas, a
copy of which is attached hereto and incorporated herein by reference therein called "Agreement') regarding
landscaping and irrigation improvements along US 75; 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 or designee should be authorized to execute the Agreement on behalf of the City of Allen, Texas.
NOW, THEREFORE, BE TT 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 or designee, 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 maintenance of
landscaping and irrigation improvement along US 75.
SECTION 3. The City Manager or 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 take effect immediately from and after its passage, and it is accordingly so
resolved.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 26T" DAY OF SEPTEMBER 2017.
APPR VED:
tephen errell, MAYOlk
ATTEST:
' S ey B.urge, CITY RE ART Y
COPY
STATE OF TEXAS §
AMENDED AND RESTATED
COUNTY OF COLLIN § INTER -LOCAL COOPERATION AGREEMENT
This Amended and Restated Inter -Local Cooperation Agreement (`Agreement') is by and
between the City of Allen, Texas (`Allen') and the Town of Fairview, Texas (`Fairview")
(collectively the "Parties" or singularly the "Party"), acting by and through their authorized
officers.
RECITALS:
WHEREAS, the Parties previously entered into that certain Inter -local Cooperation
Agreement dated June 9, 2009 (the "Original Agreement'); and
WHEREAS, the Parties desire to amend and restate the Original Agreement as set forth
herein; and
WHEREAS, the Parties previously entered into Inter -Local Cooperation Agreements for
the funding of, and for the design and construction of Stacy Road from US 75 to Greenville
Avenue/State Highway 5 (the `Roadway") dated February 14, 2006 and December 31, 2005; and
WHEREAS, the Roadway adjoins the common boundaries of the Parties with the center
line of the Roadway as the common boundary of the Parties; and
WHEREAS, the Parties desire to enter into an Inter -Local Cooperation Agreement to
provide for the maintenance of the Roadway; and
WHEREAS, the Inter -local Cooperation Act, Texas Government Code, Chapter 791
authorizes any local governments to contract with one or more local governments to perform
governmental functions and services under the terms of the Act;
NOW THEREFORE, in consideration of the foregoing and other consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Article I
Purpose
The purpose of this Agreement is to provide for the maintenance and allocation of the costs
of maintenance of the Roadway including the maintenance and capital replacement of street lights
and traffic signalization on the Roadway.
Page 1 Amended and Restated Inter -local Cooperation Agreement
CR3 of Allen and Ton n of Fain iea
36.89734
Article If
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof (the
"Effective Date") and shall continue for a period of ten (10) years (the "Initial Term"). On the
expiration of the Initial Term the term of this Agreement shall automatically renew for successive
terms of ten (10) years each on the expiration date of the then current term, unless sooner
terminated as provided herein.
2.2 This Agreement shall terminate upon any one or more of the following events:
(a) by written agreement of the Parties; and
(b) by either Party in the event the other Party breaches any of the terms or
conditions of this Agreement and such breach is not cured within thirty (30)
days after written notice thereof to such breaching Party.
Article III
Maintenance and Cost Responsibilities
3.1 Median and Landscape Area Maintenance. Allen shall provide for, or contract for,
the maintenance of the median of the Roadway and the area depicted in Exhibit "A" (the
"Landscaped Area"), including mowing, irrigation system maintenance, bed maintenance,
pruning, plant replacement and litter removal. Allen shall also provide irrigation water for the
median improvements and the Landscaped Area at the normal Allen internal rate for irrigation
water. The costs of the median maintenance and water irrigation shall be shared equally by the
Parties. The costs of the maintenance of the Landscaped Area shall be paid by Fairview.
3.2 Street Lights. Allen shall provide, or contract for the maintenance of the 44 street
light fixtures on the Road" ay pursuant to the Allen annual contract for street light maintenance
with the applicable utility company. Currently the annual contract provides for routine
maintenance (Bulb replacement, photo cell replacement, ballast replacement and monthly audit)
at a set monthly fee per fixture and "non routine maintenance" is provided on a time and material
basis. The costs for street light maintenance shall be shared equally by both parties. The costs of
electricity for the street lights shall be paid for by Allen at the Allen rate but shared equally by the
Parties.
3.3 Traffic Simialization. Fairview shall pay the monthly electric costs for the traffic
signalization on the Roadway. Allen shall pay all other maintenance costs including timing,
adjustments, "trouble shooting', any responses to weather incidents, LED replacements, and
replacement of all other signal parts including "knockdowns".
3.4 Monthly Invoices. Allen shall provide a monthly invoice to Fairview for Fairview's
share of the costs for the maintenance of the Roadway set forth in this Article III on or about the
5`h day of each calendar month beginning with the 5`h day of the calendar month following the
City of Allen and Tmrn of Fairview
36.89]34
Effective Date which shall include the charges for the previous ending calendar month. (except
that the first Monthly Invoice shall include the charges that have been incurred since January 1,
2009). Fairview shall pay the amount set forth in the Monthly Invoice within 10 business days
after receipt thereof. In the event Fairview disputes or contests any of the charges set forth in a
Monthly Invoice, Fairview shall nonetheless pay the invoiced amount and notify Allen in writing
at the time of payment of the specific charges being contested. Allen will review any such contest
of the Monthly Invoice and respond in writing to Fairview
Article IV
Miscellaneous
4.1 Assignment. This Agreement may not be assigned by either Party hereto without
the prior written consent of all other Parties.
4.2 Notice. Except as may be provided otherwise herein, any notice, demand or request
required or pennitted to be delivered hereunder shall be deemed received when delivered in person
or sent by United States Mail, postage prepaid, certified mail, or by hand -delivery or facsimile
transmission addressed to the Party at the address set forth below:
If intended for City of Allen
City of Allen
Attn: Stephen Terrell, Mayor
One Allen Civic Plaza
305 Century Parkway
Allen, Texas 75013
214.509.4100 — telephone
214.509.41 I8 - facsimile
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 N. Akard
Dallas, Texas 75201
214.965.9900 — telephone
214.965.0010 — facsimile
If intended for City of Fairview:
Town of Fairview
Attention: Darton Culbertson, Mayor
372 Town Place
Fairview, Texas 75069
Agreement
City of Allen and Too n of Fain ieo
36.89734
972.562.0522 — telephone
972.886.4203 - facsimile
Any Party may, at any time, by written notice to the other Party, designate different or
additional persons or different addresses for the getting of notices hereunder.
4.3 Amendment. This Agreement may be amended by the mutual written agreement
of both Parties hereto.
4.4 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
4.5 Governing Law. The validity of this Agreement and any of its terms and provisions
as well as the rights and duties of the Parties, shall be governed by the laws of the State of Texas;
and venue for any action concerning this Agreement shall be in the State District Court of Collin
County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said
court.
4.6 Entire Agreement. This Agreement represents the entire agreement among the
Parties with respect to the subject matter covered by this Agreement. There is no other collateral,
oral or written agreement between the Parties that in any manner relates to the subject matter of
this Agreement.
4.7 Recitals. The recitals to this Agreement are incorporated herein.
4.8 Counterparts. This Agreement may be executed in any number of counterparts, each
of whom shall be deemed an original and constitute one and the same instrument.
4.9 Indemnification. To the extent allowed by law, each Party agrees to release, defend,
indemnify, and hold harmless the other Party (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, suits, judgments, and costs, including reasonable
attorney's 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. This Agreement and the indemnity provided herein
is not intended to and shall not create any cause of action for the benefit of third Parties or any
person not a party to this Agreement.
4.10 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
Page 4 Amended and Restated Inter -local Cooperation Agreement
Ciro of Allen and Tow n of Fain icn
36.i973J
(Signature Page to Follow)
City of Allen and Town of Fairview
36.89131
EXECUTED this '&14day of _`a0"—, 2017.
CITY OF ALLEN, TEXAS /
By: Avlo w�✓
Peter H. Va g s, C y Manager
Attest:
By:
I y B, g , Ci Secret y ---
Approved As To Form:
By: l w'�L&dA_ o&
Teter G. Smith, City Attorney
EXECUTED this day of , 2017.
Attest:
TOWN OF FAIRVIEw, TEXAS
In
By:
Elizabeth Cappon
Town Secretary
Approved As To Form:
By:
Name: Clark McCoy
Title: Town Attorney
City of Allen and Town of Fain lew
36.89734
Julie Couch
Town Manager
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