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R-706-7-86RESOLUTION NO. 706-7-86(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF COLLIN CONCERNING CERTAIN REIMBURSEMENTS FOR CONSTRUCTION COSTS ON JUPITER ROAD WITHIN THE CITY OF ALLEN. WHEREAS, funds were identified in the 1983 Collin County Bond Program for Jupiter Road from Chaparral to F.M. 2170 in the amount of $665,000; and, WHEREAS, upon the request of the City of Allen, Collin County agreed to reallocate $256,900 of the Jupiter Road allocation for improvements to Bethany Road from State Highway 5 to Jupiter Road, resulting in a reduction of the allocation for Jupiter Road to $408,100; and, WHEREAS, the City of Allen has allocated funds for the construction of Jupiter Road from the 1985 Bond Program and desires reimbursement of a portion of those funds from the Collin County allocated funds; 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT; Section 1. The City Manager is hereby authorized to execute an agreement between the City of,Allen and the County of Collin regarding a payment to the city of $408,100 for the right-of-way design and construction of Jupiter Road from Chaparral to F.M. 2170. Section II. A copy of this resolution will be attached to and accompany said agreement. RESOLUTION NO. 706-7-86(R) Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 3rd DAY OF JULY , 1986 APPROVED: ATTEST: �n V` Marty Hendrix, TY SECRETARY THE STATE OF TEXAS ) COUNTY OF COLLIN ) C I TYL-C4D-N,U_Lgn.EMZv.' WHEREAS, the County of Collin, Texas, hereinafter called "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 Jupiter Road from Chaparral Rd to White Oak Drive; and WHEREAS, funds were identified in the 1983 Collin County Bond Program for Jupiter Rd. from Chaparral to F. M. 2170 in the amount of $665,000; and WHEREAS, upon the request of the City of Allen, Collin County agreed to reallocate $256,900 of the Jupiter Rd. allocation for improvements to Bethany Rd. from S. H. 5 to Jupiter Rd. (Court Order No. 85-409-6-24), resulting in a reduction of the allocation for Jupiter Rd. to $408,100; 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: W.11VE$$BIB: I. M1 2 City hereby agrees to provide for the construction of paving and drainage improvements on Jupiter Road from Chaparral Rd. to White Oak Dr. II. City hereby agrees to provide for construction of the paving and drainage improvements in accordance with plans and specifications approved by Collin County. City hereby agrees to acquire the right-of-way necessary for these improvements. IV. County agrees to pay City an amount not to exceed $408,100 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. 3 Executed this LS/ -/W day of , 1986, by the County of Collin, pursuant to Commissioners' Court Order No. �_�, and by City of Allen pursuant to City Council Resolution 706-7-86(R) COUNTY OF COLLIN, TEXAS WILLIAM J. ROBERTS, COUNTY JUDGE ITY OF ALLEN JONI MCCARTY, COY MXN GER COURT ORDER NO.. 86-472-7-7 Igr►5 JU(. 15 F.'' I PY-. - n'ti'e-✓ THE STATE OF TEXAS ) INTERLOCAL AGREEMENT IMPROVEMENTS TO JUPITER ROAD COUNTY OF COLLIN ) PUBLIC WORKS DEPARTMENT On July 7, 1986, the Commissioners' Court of Collin County, Texas, met in Special Session with the following members present and participa- ting to -wit: William J. Roberts County Judge, Presiding Hovard Thornton Commissioner, Pct. No. 1 Jerry Hoagland Commissioner, Pct. No. 2 Wallace Webb Commissioner, Pct. No. 3 Richard E. May Commissioner, Pct. No. 4 and at such session, among other business coming to the attention of the Court, was consideration of a request from the Director of Public Works for the county to enter into an agreement with the City of Allen, Texas, for the construction of paving and drainage improvements to Jupiter Road from Chaparral Road to White Oak Drive. Motion was made, seconded and carried with a majority vote of the Court that the county judge be authorized to enter into an interlocal agreement with the City of Allen for construction of the Jupiter Road improvements described above and detailed in the copy of the contract attached hereto, for an amount not to exceed $408,100 to be expended from the 1983 Collin County Bond Program Fund, and same is hereby approved. Ordered and dated this the/day of July, 1986. Lim 04 William J. R erts, County Judge Collin County, T E X A S ATT ST y ^'"'.eco 1 11, Helen Starnes, Ex -Officio Clerk-',/', Commissioners Court � Collin County, T E X A S -'