R-794-5-87RESOLUTION NO. 794-5-87 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF ALLEN AND COLLIN COUNTY
TO DESIGNATE FUNDS IDENTIFIED IN THE 1983 COLLIN COUNTY
BOND PROGRAM FOR CHAPARRAL ROAD FROM S.H. 5 TO JUPITER -
ROAD, AND FOR S.H. 5 FROM CHAPARRAL ROAD TO EXCHANGE
PARKWAY, TO BE REALLOCATED TO F.M. 2170 FROM S.H. 5 TO
ALLEN HEIGHTS DRIVE, AND TO THE EXCHANGE PARKWAY
OVERPASS OF U.S. 75 AND DESIGNATING THE CITY MANAGER TO
ACT ON BEHALF OF THE CITY OF ALLEN TO EXECUTE THE
AGREEMENT.
WHEREAS, the Interlocal Cooperation Act, Article 4413(32c) Vernon's Annotated
Civil Statutes, provided 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, bonds were identified in the Collin County bond program for
Chaparral Road from S.H. 5 to Jupiter Road in the amount of $232,500.00 and for S.H. 5
from Chaparral Road to Exchange Parkway in the amount of $1,600,000.00, totalling
$1,832,500.00; and,
WHEREAS, it has been determined that the Chaparral Road project has been
built by developers and the S.H. 5 project will be built by the State Department of
Highways and Public Transportation, and therefore County bond funds are not required
to build these two properties; and,
WHEREAS, it has been determined that improvements are needed to the
Exchange Parkway overpass at U.S. 75; and,
WHEREAS, it has been determined that improvements are needed to F.M. 2170
from S.H. 5 to Allen Heights Drive; and,
WHEREAS, an interlocal agreement between the City of Allen and Collin County
provides for the reallocation of the $1,832,500.00 in the amount of $500,000.00 for the
Exchange Parkway overpass at U.S. 75 and $1,332,500.00 to be reallocated to F.M. 2170
from S.H. 5 to Allen Heights Drive; and,
Resolution No. 794-5-87(R) - Page 1
WHEREAS, the interlocal agreements between the City of Allen and Collin
County have been attached hereto as Exhibits "A" and "B" and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. The City Council of the City of Allen, Texas, certifies that
they have approved the attached Exhibits "A" and "B" for the purpose of entering into
interlocal agreements with Collin County.
SECTION 2. The City Council authorizes and directs the City Manager to
represent the City of Allen in execution of the attached Exhibits "A" and "B" for the
purpose of execution of the interlocal agreements.
DULY PASSED by the City Council of the City of Allen, Collin County, Texas,
this the 21st day of MAY , 1987.
APPROVED:
• • • • ' • • '
ATTEST:
Marty Hendrix, CMC, y Secretary
APPROVED AS TO FORM:
on 'ty Attorney
Resolution No. 794-5-87 (R) - Page 2
COURT ORDER NO. 87-505-06-15
THE STATE OF TEXAS ) ROADS - IMPROVEMENTS
REALLOCATION OF 1983 BOND FUNDS
COUNTY OF COLLIN ) PUBLIC WORKS DEPARTMENT
On June 15, 1987, the Commissioners Court of Collin County, Texas, met
in Special Session with the following members present and partici-
pating, to wit:
William J. Roberts County Judge, Presiding
Howard Thornton Commissioner, Precinct 1
Jerry Hoagland Commissioner, Precinct 2
Wallace Webb Commissioner, Precinct 3
Jack Hatchell Commissioner, Precinct 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, on behalf of the City of Allen, to substitute the F.M. 2170 and
the Exchange Parkway overpass projects for the Chaparral Road and S.H.
5 projects, the latter of which were approved in the 1983 Bond Program
for a total of $1,832,500.
A motion was made, seconded and carried with a majority vote of the
Court that the two projects originally identified in the 1983 Bond
Program be removed from the improvements schedule and the total amount
of $1,832,500 be reallocated as follows:
$1,332,500 for F.M. 2170, from S.H. 5 to Allen Heights Drive
$ 500,000 for Exchange Parkway overpass at U.S. 75
and further, that the county judge be authorized to execute the inter-
local agreements attached hereto (Exhibits A and B) to accomplish the
same.
Approved, ordered and dated this..±the _ 15th day of June, 1987.
- bA � (24.ckt -
William J. oberts, County Judge .
Collin County, T E X A S
W.01
Helen Starrfes, Ex-Offici-tferkf
Commissioners Court.,
Collin County, T E X A S
n
THE STATE OF TEXAS S
S
COUNTY OF COLLIN S
EXHIBIT "A"
CITY/COUNTY AGREEMENT
EXCHANGE PARKWAY OVERPASS AT U.S. 75
WHEREAS, the County of Collin, Texas, hereinafter called "County" and the City
of Allen, Texas, hereinafter called "City," want to enter into an agreement for the
construction of paving and drainage improvements to the Exchange Parkway Overpass
at U.S. 75; and,
WHEREAS, funds were identified in the Collin County Bond Program for
Chaparral Road from S.H. 5 to Jupiter Road in the amount of. $232,500 and for S.H. 5
from Chaparral Road to Exchange Parkway in the amount of $1,600,000 totalling
$1,832,500; and,
WHEREAS, it has been determined that the Chaparral Road project has been
built by developers and the S.H. 5 project will be built by the State Department of
Highways and Public Transportation and therefore County bond funds are not required
to build these two projects; and,
WHEREAS, it has been determined that improvements are needed to the
Exchange Parkway Overpass at U.S. 75; 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:
WITNESSETH:
L
City hereby agrees for $500,000 of the bond funds allocated for the Chaparral
Road and S.H. 5 projects (total amount- $1,832,500) to be reallocated to Exchange
Exhibit "A" - City/County Agreement - Page 1
Parkway Overpass at U.S. 75.
EL
City hereby agrees to provide for the construction of paving, drainage, and
bridge improvements to Exchange Parkway overpass at U.S. 75, said improvements
consisting of a six -lane divided overpass.
IIL
City hereby agrees to defend, indemnify, and save harmless County from any
claims, demands, costs, or judgments against County arising out of any negligent act or
omission of City, or its agents, or contractors in the performance of work and services
under this Agreement.
Executed this �✓�day of /V9— , 1987, by the County of Collin,
pursuant to Commissioners Court Order No. $;I- SOS- 4(o - / , and by City of Allen
pursuant to City Council Resolution 794-5-87 (R)
COUNTY OF COLLIN, TEXAS
WILLIAM J. ROIBERTS, COUNTY JUDGE
CITY OF ALLEN, TEXAS
Exhibit "A" 7 City/County Agreement - Page 2
THE STATE OF TEXAS S
S
COUNTY OF COLLIN S
EXHIBIT "B"
CITY/COUNTY AGREEMENT
F.M. 2170 - S.H. 5 to ALLEN HEIGHTS DRIVE
WHEREAS, the County of Collin, Texas, hereinafter called "County," and the City of
Allen, Texas, hereinafter called "City," want to enter into an agreement for the construction
of paving and drainage improvements to F.M. 2170 from S.H. 5 to Allen Heights Drive; and,
WHEREAS, funds were identified in the 1983 Collin County Bond Program for Chaparral
Road from S.H. 5 to Jupiter Road in the amount of $232,500 and for S.H. 5 from Chaparral
Road to Exchange Parkway in the amount of $1,600,000, totalling $1,832,500; and,
WHEREAS, it has been determined that the Chaparral Road project has been built by
developers and the S.H. 5 project will be built by the State Department of Highways and Public
Transportation and therefore County bond funds are not required to build these two projects;
and,
WHEREAS, it has been determined that improvements are needed to F.M. 2170 from S.H.
5 to Allen Heights Drive; 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:
WITNESSETH:
I.
City hereby agrees for $1,332,500 of the bond funds allocated for the Chaparral Road
and S.H. 5 projects (total amount $1,832,500) to be reallocated to F.M. 2170 from S.H. 5 to
Allen Heights Drive.
IL
City hereby agrees to provide for the construction of paving and drainage improvements
Exhibit "B" - City/County Agreement - Page 1
to F.M. 2170, said improvements consisting of a six -lane divided urban thoroughfare from S.H.
5 to Allen Heights Drive.
1IL
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 contractors in the performance of work and services under this
Agreement.
Executed this /5/4day of '�7"—Na , 1987, by the County of Collin, pursuant
to Commissioners Court Order No. 87- ,SoS- D(o -/ and by City of Allen pursuant to City
Council Resolution 794-5-87(R)
COUNTY OF COLLIN, TEXAS
" 4 12#-"
William J. Rober s, County Judge
CITY OF ALLEN, TEXAS
Exhibit "B" - City/County Agreement - Page 2