R-1214-1-94RESOLUTION NO. 1214-1-94(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS
AND COLLIN COUNTY, TEXAS, PROVIDING FOR A COOPERATIVE PROGRAM
FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER OR HIS
DESIGNEE AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS
RELATING TO THE PROGRAM; AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Interlocal Agreement by and between the City
of Allen, Texas, and Collin County, Texas, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by reference (herein called "Agreement"); and,
WHEREAS, Upon full review and consideration of the Agreement, and all matters attendant and related
thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that
the City Manager, or his designee shall be authorized to execute it on behalf of the City of Allen;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
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, are
hereby in all things approved.
SECTION 2: The City Manager or his designee of the City of Allen, 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 Cooperative Services Program including the designation of specific contracts in which the City
desires to participate.
SECTION 3: The City Manager, or his 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 become effective from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 6TH DAY OF JANUARY , 1994.
APPROVED:
Joe Farmer, MAYOR
ATTEST:
JU_d# Mo son, CMC, CITY SECRETARY
COLLIN
COUNTY
Department of Public Works
Operations
April 14, 1994
Mr. Jon McCarty
City Manager
City of Allen
One Butler Circle
Allen, TX 75002
Re: INTERLOCAL COOPERATIVE AGREEMENT
Dear Mr. McCarty:
Please find attached your copy of the Interlocal Cooperative
Agreement signed by Ron Harris, County Judge.
If you have any questions, please do not hesitate to call
me.
Respectfully,
Richard S. Boston, P.E.
Assistant Director of Public Works
Operations
RSB : s n RB# 3 /A : SIGNLOCA
700 A West Wdmeth
McKinney, -Fexas 75069. (214)548-3700. 424-1460 ext. 3700 (Metro). FAX (214)548-3754
INTERLOCAL COOPERATION AGRL-MENT
WHEREAS, the Interlocal Cooperation Act, Article 4413
(32c), Vernon's Annotated Civil Statutes (the "Act"), and
the Constitution of the State of Texas, Article III, Section
64(b) (the "Constitution"), specifically authorize counties
and other political subdivisions comprised or located within
the County, to contract with one another for the performance
of governmental functions and/or services required or
authorized by the Constitution, or the laws of this State,
under the terms and conditions prescribed in the Act; and
WHEREAS, the functions and/or services contemplated to
be performed by Collin County, Texas, as set out herein, are
governmental functions and/or services contemplated by the
terms of the Act and are functions and/or services which
each of the parties hereto have independent authority to
pursue, notwithstanding this Agreement; and
WHEREAS, both the County and the political subdivision
named herin are desirous of entering into this Interlocal
Cooperation Agreement, as is evidenced by the resolutions
or orders of their respective governing bodies approving
this Agreement which are attached hereto and made a part
hereof.
NOW, THEREFORE, THIS AGREEMENT is hereby made and
entered into by and between Collin County, Texas, a
political subdivision of the State of Texas, and
L21A:-� , political subdivision of the
state of Texas
INTERLOCAL COOPERATION ACREETMENT Page 1
which is wholly or partially located within Collin County,
Texas. Consideration for this Agreement consists of the
mutual covenants contained herein, as well as any monetary
consideration which may be stated herein. This agreement is
as follows, to -wit:
I.
As requested by the political subdivision named herein,
Collin County, Texas, acting by and through its duly
authorized agents and employees, agrees to provide said
political subdivision with the following described
governmental functions and/or services:
ROAD MAINTENANCE IN ACCORDANCE WITH COURT ORDER NO.
90-589-07-30 (COPY ATTACHED).
II.
As consideration for the above-described governmental
functions and/or services, said political subdivision agrees
to pay to Collin County, Texas, in accordance with the
advance cost estimate submitted to them for work they have
requested in the amount and upon the following terms and
conditions::
1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF
BILL FOR SAME.
2). PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR,
EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY.
INTERLOCAL COOPERATION AGREEMENT Page 2
Each party hereto agrees to defend and indemnify the
other from any claims, demands, costs or judgments arising
out of any negligent act or omission of their respective
employees or agents in the performance of the governmental
functions and/or services under this Agreement,
IV.
This Agreement shall be effective from and after the
passage of enabling resolutions or orders by the governing
bodies of the parties hereto and the execution hereof by
each of the authorized representatives of the political
subdivisions who are parties hereto and shall remain in
effect until revised or terminated, as agreed upon by
both parties.
Date: /—/ ?—. W
COLLIN COUNTY, TEXAS
By:
Title: County udge
INTERLOCAL COOPERATION AGREEMENT Page 3
�L
Date:
CJJR- � -
(Political Subdivision
INTERLOCAL COOPERATION AGREEMENT Page 4
COURT ORDER NO. 90-509-07-30
THE STATE OF TEXAS ) ADOPTION Or COUNTY ROAD POLICIES
(CITIES) AMENDING PREVIOUS ORDERS
COUNTY OF COLLIN ) PUBLIC WORKS
On July 30, 1990, the Commissioners' Court of Collin County, Texas,
met in special session with the following members present and partici-
pating, to wit:
Cloward Thornton
i
Precinct 1
Jerry Hoagland
Commissioner,
Precinct 2
John Witherspoon
Commissioner,
Presiding
COURT ORDER NO. 90-509-07-30
THE STATE OF TEXAS ) ADOPTION Or COUNTY ROAD POLICIES
(CITIES) AMENDING PREVIOUS ORDERS
COUNTY OF COLLIN ) PUBLIC WORKS
On July 30, 1990, the Commissioners' Court of Collin County, Texas,
met in special session with the following members present and partici-
pating, to wit:
Cloward Thornton
Commissioner,
Precinct 1
Jerry Hoagland
Commissioner,
Precinct 2
John Witherspoon
Commissioner,
Presiding
Jack Hatchell
Commissi6ner,
Precinct 4
During such session t -he court considered the following resolution to
accomodate various changes regarding maintenance within city limits
and which shall replace and supersede all previous orders (Ref. Court
Order Nos. 01-544-10-05, 81-096-02-22, 04-790-11-12 and 05-506-00-12):
WHEREAS, the Collin County Commissioners' Court desires that a
consistent policy be continued concerning road work performed by the
county within the corpgrate limits of cities; and
WHEREAS, each city in Collin County has the responsibility to maintain,
the roads and bridges within the city; and
WHEREAS, Collin County has limited funds, personnel and equipment to
apply to work in cities;
NOW THEREFORE( BEAT RESOLVED that the following policy be adopted:
1. The commissioners' court may consider making or participating in
improvements or major repairs, such as sealcoats, overlays, or
pavement rebuilding, to roads and bridges that are on the official
county thoroughfare plan and that are within the corporate limits
of a city. The court may also consider working on roads which are
not on the Collin County Thoroughfare Plan to include such items
as providing dist control, grading, sealcoating, mowing, or brush
cutting, cleaning of drainage ditches, emergency repair of bridges
and culverts, etc.
2. If road or bridge improvements or repairs are authorized on a
t-hgroughfare road by the collunissioners' court-, the city will be
required to reimburse the county for the cost of the materials
used in the project oi' for one-half of the total cost of the
project (including labor and equipment), whichever is greater. If
work is authorized on a non -thoroughfare road by commissioners'
court, the city will be required to reimburse the county for the
total crust of the work, to include materials, equipment and labor.
4. Authorization for work in cities can only be given by the commis-
sioners' court.
5. Prior to commencement of any authorized project, the city must
place the required amount in escrow in a Collin County bank.
Approved, ordered and dated this thefii day of July, 1990.
John D.
ATTEST:
Helen Starnes, Ex- icio Clerk
Commissioners' ourt
Collin County, T E X A S
therspoon, Commissioher, Presiding
Collin County, T E X A S
III IM I lrrry
COLCcoG�'
b
COURT ORDER NO. 90-509-07-30
PAGE 2
3. All requests must be submitted to
the director of public
works
by
April 1 of the year prior to the
year improvements are desired
to
be made. Emergency requests
will be evaluated
by
the
commissioners' court and upon
the merits presented
by
the
requesting city.
4. Authorization for work in cities can only be given by the commis-
sioners' court.
5. Prior to commencement of any authorized project, the city must
place the required amount in escrow in a Collin County bank.
Approved, ordered and dated this thefii day of July, 1990.
John D.
ATTEST:
Helen Starnes, Ex- icio Clerk
Commissioners' ourt
Collin County, T E X A S
therspoon, Commissioher, Presiding
Collin County, T E X A S
III IM I lrrry
COLCcoG�'
b
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