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R-618-7-85RESOLUTION NO. 618-7-85 (R) A RESOLUTION OF THE CITY COUNCIL, CITY OF ALLEN, COLLIN COUNTY TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COLLIN COUNTY COMMISSIONERS' COURT FOR THE CONSTRUCTION OF PAVING AND DRAINAGE IMPROVEMENTS TO BETHANY ROAD FROM STATE HIGHWAY 5 TO JUPITER ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF ALLEN, TEXAS, Section 1. The City Manager is hereby authorized to execute an agreement between the City of Allen and Collin County Texas, pursuant to Commissioners' Court Order 85-409-6-24 concerning the use of Collin County bond funds to assist in the construction of a portion of Bethany Road between State Highway 5 and Jupiter Road. Section 2. A copy of this Resolution shall be attached to the agreement and forward to the County Judge. PASSED AND APPROVED THIS THE 18TH DAY OF JULY, 1985. APPROVED: r "IM -1910 _ ► \ \ ATTEST: Marty Hendrix, ITY SECRETARY 14 Attachment to Resolution No. 618-7-85(R) adopted 7/18/85 THE STATE OF TEXAS 4M COUNTY OF COLL I N ) COult Oft M0. - CITY/COUNTY AGREEMENT WHEREAS, the County of Collin, Texas, hereinafter called 1 "County", -and the City of Allen, Texas, hereinafter called "City", want to enter into as agreement for the construction of paving and drainage improvements to Bethany Road from State Highway 5 to Jupiter Road; and WHEREAS, the Interlocal Cooperation Act, Article 4413 (32c) Vernon's Annotated Civil Statutes 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; NOW THEREFORE, THIS AGREEMENT is hereby.made and entered into by County and City upon and for the mutual consideration stated herein: W1 12ZZZZI1i: I. County hereby requests City to provide for the construction of paving and drainage improvements on Bethany Road from State Highway 5 to Jupiter Road . II. City hereby agrees to provide for construction of the paving and drainage improvements in accordance with plans and specifications approved by Collin County. � o�o�o�pd ��o�o�pe Attachment to Resolution No. 61$-7-85(R) adopted: 7/18/85 City hereby agrees to acquire the right-of-way necessary for these improvements. IV. 2 County will pay City an amount not to exceed $256,900 for the right-of-way, design, and construction of these improvements. VI. City hereby agrees to defend, indemnify and save harmless County from any claims, demands, costs, or judgements against County arising out of any negligent act or omission of City or its agents or contractor(s) in the performance of work and services under this Agreement. Executed this 2 y "day of , 1984, by the County of Collin, pursuant to Commission rs' Court Order No. YS `1O%-6-Z�, and by City of /Allen pursuant to City Council Resolution618-7-85(R) COUNTY OF COLLIN, TEXAS WILLIAM J. kOBERTS, COUNTY JUDGE oQ°���Q� R f ALLEN CITY COUNCIL July 18, 1985 Page 3 CONSENT AGENDA (cont'd) (Agenda Item III) 6. Graham Associates, Inc. $ 2,485.00 Project: Main Street - Design Surveying for Main Street Construction - June 25, 1985 Resolution No. 618-7-85(R): A Resolution of the City Council, City o Allen, Collin County, Texas, Authorizing the City Manager to Execute an Agree- ment with the Collin County Commissioners' Court for the Construction of Paving and Drainage Improvements to Bethany Road from State Highway 5 to Jupiter Road. E. Resolution No. 619-7•-85(R): A Resolution by the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1983, 1982, 1981 & 1980 Tax Rolls. F. Resolution No. 620-7-85(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1984 Tax Roll and a Refund Issued for Overpayment of 1984 - Taxes. G. Set August 15, 1985 as Public Hearing Date on a Request to Amend Zoning on Planned Development No. 2 and Planned Development No. 12 Being Approximately 60 Acres of Land Located South of F.M. 2170, East of Hillside Lane, and West of Allen Heights Drive, as requested by J. T. Dunkin, representing Carnes Development Company. The motion carried. End of Consent Agenda Oath -of -Office to Gayle Boon and Eileen Tollett, Places No. 1 and 5, on the Library Board (Agenda Item IV -A) City Secretary Marty Hendrix advised the Council that she had administered the oath -of -office to Mrs. Gayle Boon and Mrs. Eileen Tollett, Places No. 1 and 5, on the Library Board, in her office today since both were unable to attend the Council meeting. Ms. Hendrix also advised the Council that all of the other oaths -of -office had been or would be administered at the boards and commission meetings for the recent appointments as follows: Planning and Zoning Commission Ken Browning, Place No. 1 - July 11, 1985 John Garcia, Place No. 2 - July 25, 1985 Eileen Karlsruher, Place No. 3 - July 11, 1985 Jack Pennington, Place No. 6 - July 25, 1985 Parks & Recreation Board David Medina, Place No. 1 - July 8, 1985 Richard Saunders, Place No. 3 - July 8, 1985 City of Atten TO: MAYOR AND :MEMBERS OF ALLEN CITY COUNCIL FROM: JON MCCARTY, CITY MANAGER SUBJECT: CONTRACT WITH COLLIN COUNTY DATE: JULY 15, 1985 BACKGROUND On June 6, 1985, the City Council took action to authorize staff to enter into negotiations with Collin County to divert some of the approved bond funds from Jupiter Road, in an amount not to exceed $256,900 to allow those funds to be used for the construction of Bethany Road. ANALYSIS The Collin County Commissioners' Court acting through Court Order 85-409-6-24 approved the agreement but stipulate that a resolution number from the City indicating authorization for the City Manager to execute the contract be included. RECOMMENDATION It is the recommendation of the staff that the Council approve the attached resolution authorizing execution of an agreement with the County concerning partial funding for Bethany Road between State Highway 5 and Jupiter Road. One Butler Circle -Allen, Texas 75002.214/727-9171 Metro 214/424-7518 RESOLUTION NO.0 L oo', - %5 ( �') A RESOLUTION OF THE CITY COUNCIL, CITY OF ALLEN, COLLIN COUNTY TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COLLIN COUNTY COMMISSIONERS' COURT FOR THE CONSTRUCTION OF PAVING AND DRAINAGE IMPROVEMENTS TO BETHANY ROAD FROM STATE HIGHWAY 5 TO JUPITER ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF ALLEN, TEXAS, Section 1. The City Manager is hereby authorized to execute an agreement between the City of Allen and Collin County Texas, pursuant to Commissioners' Court Order 85-409-6-24 concerning the use of Collin County bond funds to assist in the construction of a portion of Bethany Road between State Highway 5 and Jupiter Road. Section 2. A copy of this Resolution shall be attached to the agreement and forward to the County Judge. PASSED AND APPROVED THIS THE 18TH DAY OF JULY, 1985. APPROVED: Donald P. Rodenbaugh, MAYOR ATTEST: Marty Hendrix, CITY SECRETARY