R-2277-4-04RESOLUTION NO. 22774-04(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 PLANO AND
THE CITY OF ALLEN, TEXAS, CONCERNING TBT; CONSTRUCTION OF
HEDGCOXE ROAD BKPROVEMENTS; AUTHORIZING ITS EXECUTION BY
THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Agreement
by and between the City of Plano, Texas, and the City of Allen, Texas, for the construction of Hedgcoxe Road
Improvements, a copy of which is attached hereto and incorporated herein by reference; 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 should be authorized to execute the Agreement on behalf of the City of Allen, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THIN CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Allen,
Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby,
in all things approved, and the City Manager or his designee is hereby authorized to execute the Agreement on
behalf of the City of Allen, Texas.
' SECTION 2. This Resolution and the Interlocal Agreement are hereby approved by the affirmative vote of
the majority of the members of the City Council of the City of Allen, Texas, at a regularly scheduled meeting of
the City Council.
SECTION 3. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27"a DAY OF APRIL, 2004.
APPROVED:
9tephen errell, MAYOR
ATTEST:
C, CI RTARYShelleyB��
INTERLOCAL AGREEMENT
BETWEEN CRY OF PLANO AND CITY OF ALLEN
CONCERNING THE IMPROVEMENTS TO HEDGCOXE ROAD
FROM CUSTER ROAD TO ALMA ROAD
THIS AGREEMENT is made between the CITY OF PLANO, TEXAS, a
home -rule municipal corporation (hereinafter referred to as 'Plano') and the
CRY OF ALLEN, TEXAS, a home -rule municipal corporation (hereinafter
referred to as 'Allen'), acting by and through their City Managers or their duly
authorized representatives, as follows:
WITNESSETH:
WHEREAS, Plano and Allen (hereinafter the "parties") desire to enter into
an agreement concerning the construction, reconstruction and widening of
Hedgcoxe Road, from Custer Road to Alma Road, in the Cities of Plano and
Allen, Collin County, Texas, and for the payment of the costs thereof (hereinafter
the 'Project'); and
WHEREAS, the parties previously entered into a Boundary Adjustment
Agreement dated March 17, 2000 (the 'Boundary Adjustment Agreement'),
which provided in part that Plano and Allen would make certain improvements
and pay their respective share of the cost of completing Hedgooxe Road from
Custer Road to Alma Drive and the revised boundary line between the cities
would be the south right of way line of Hedgcoxe Road; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code
Chapter 791) authorizes 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, the construction, reconstruction and widening of Hedgcoxe
Road is a governmental function which will benefit the citizens of both parties;
and
WHEREAS, the parties will have current funds available to satisfy their
obligations at the time those obligations become due; and
WHEREAS, the parties have determined that the Hedgcoxe Road
improvements may be constructed most expeditiously and economically by
implementing this Agreement as set forth below.
NOW, THEREFORE, this Agreement is made and entered into by Plano
and Allen for the mutual consideration stated herein.
INTERLOCAL AGREEMENT PAGE
LSXLEG LMI"EDGOOXE(Vl W4)
ARTICLE ONE
Project Improvements
The parties agree to make the following public improvements to
Hedgcoxe Road between Custer Road and Alma Road:
(a) Plano will construct two (2) additional westbound lanes, including
appropriate storm sewer improvements from east of Duchess to
west of Longwood;
(b) Plano will construct three (3) eastbound lanes on Hedgcoxe Road,
including appropriate storm sewer improvements, from a point
west of Duchess to Iola, which includes reconstruction of the
existing pavement from Georgetown to Iola; and
(c) Allen will construct one additional eastbound lane on Hedgcoxe
Road from Iola to Alma,
(hereinafter the 'Improvements').
ARTICLE TWO
Design
Each city shall arrange and coordinate the design and construction of the
Improvements as provided above. All Improvements shall be designed to meet
or exceed current design standards and shall be constructed in accordance with
the plans and specifications approved by the parties.
ARTICLE THREE
Construction Contract
Each city shall prepare plans and specifications for their portion of the
Improvements, accept bids and award a contract to construct their portion of the
Improvements and administer the respective construction contracts. In all such
activities, each city shall comply with all state law requirements. Each city will
also provide the other city with a copy of the executed construction contract for
their part of the Project.
ARTICLE FOUR
Duties and Payment
4.01 Plano will construct and pay for two (2) additional westbound
lanes, including appropriate storm sewer improvements, on Hedgcoxe Road
from east of Duchess to west of Longwood.
INTERLOCAL AGREEMENT PAGE
LSLLEGAL9 A-HEOGCO% (M15M)
4.02 Allen will reimburse Plano for the cost of the storm sewer
improvements and 800 square yards of concrete associated with the
construction of the two (2) westbound lanes on Hedgcoxe Road within sixty (60)
days after Plano's award of a contract for this portion of the Project.
4.03 Plano will reconstruct the existing deteriorated pavement and pay
for the new concrete paving on the eastbound lanes of Hedgcoxe Road between
Georgetown and Iola. Allen will review the limits of the pavement replacement.
Plano will also construct and pay for one (1) additional eastbound lane on
Hedgcoxe Road from a point west of Duchess to Iola.
4.04 Allen will construct and pay for one (1) additional eastbound lane
on Hedgcoxe Road from Iola to Alma within ten (10) years after the effective
date of this Agreement.
4.05 In lieu of the construction obligations set forth in paragraph 4.04,
Allen has the option, with the approval of Plano, of reimbursing Plano the cost of
constructing the two (2) westbound lanes on Hedgcoxe Road, less the payment
made for the 800 square yards of concrete, plus interest based upon the interest
rate used in the Plano bond sale of 2004. Such interest will be calculated based
on the time period from the date of completion of the Plano portion of the project
(Plano acceptance of that portion of the Project) until the payment is made by
the City of Allen.
ARTICLE FIVE
Maintenance Responsibility
The parties agree that upon completion of the Plano Improvements and
acceptance of the Plano Improvements herein, Allen will be solely responsible
for the maintenance of Hedgcoxe Road from Custer Road to Alma Drive.
ARTICLE SIX
Funding
Plano and Allen agree that the party paying for the performance of
governmental functions or services shall make those payments only from current
revenues legally available to the paying party at the time the payment becomes
due.
ARTICLE SEVEN
Term
This Agreement shall be effective upon approval by the City Council and
subsequent execution by the City Manager of each party. The effective date will
be the later of the dates this Agreement is executed by the parties. This
Agreement shall continue in effect annually until all obligations hereunder are
INTERLOCALAGREEMENT PAGE
LSLLEGALMA-HEDGOOxE(Wl5 )
completed and each party has given final acceptance of the Project, in writing, to
the other party. This Agreement shall automatically renew annually during this
period.
ARTICLE EIGHT
Hold Harmless
8.01 Each party does hereby agree to waive all claims against, release,
and hold harmless the other party and its respective officials, officers, agents,
employees, in both their public and private capacities, from any and all liability,
claims, suits, demands, losses, damages, attorney's fees, including all expenses
of litigation or settlement, or cause of action which may arise by reason of injury
to or death of any person or for loss of, damage to, or loss of use of any property
arising out of or in connection with this Agreement.
8.02 In the event of joint or concurrent negligence of the parties,
responsibility, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas without, however, waiving any governmental immunity
available to either party individually under Texas law. Piano shall be
responsible for its sole negligence. Allen shall be responsible for its sole
negligence. The provisions of this paragraph are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
ARTICLE NINE
Immunity
It is expressly understood and agreed that, in the execution of this
agreement, neither party waives, nor shall be deemed hereby to have waived
any immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions. By entering into
this Agreement, the parties do not create any obligations, expressed or implied,
other than those set forth herein, and this Agreement shall not create any rights
in parties not signatories hereto.
ARTICLE TEN
Notices
All notices required under the provisions of this Agreement must be in
writing, hand -delivered or sent by registered or certified mail to the addresses
below:
Plano: City of Plano, Texas
Attention: Alan Upchurch, City Engineer
P. O. Box 860358
Plano, TX 75086-0358
INTERLOCAL AGREEMENT PAGE 4
LS' EGAL:04WHEDGCOXE(Vlt )
With copy to: City of Piano, Texas
Attention: City Attorney
P. O. Box 860358
Plano, TX 75086-0358
Allen: City of Allen, Texas
Attention: John Baumgartner, City Engineer
305 Century Parkway
Allen, TX 75013
With copy to: City of Allen, Texas
Attention: Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith
1800 Lincoln Plaza
Dallas, Texas 75201
The name and address for notification may be changed by notice to the
other party.
ARTICLE ELEVEN
Severability
The provisions of this Agreement are severable. If any paragraph,
section, subdivision, sentence, clause or phrase of this Agreement is for any
reason held by a court of competent jurisdiction to be contrary to law or contrary
to any rule or regulation having the force and effect of the law, the remaining
portions of the Agreement shall be enforced as if the invalid provision had never
been included.
ARTICLE TWELVE
Successors and Assigns
This Agreement shall be binding upon the parties hereto, their
successors, heirs, personal representatives and assigns. Neither party will
assign or transfer an interest in this Agreement without the written consent of the
other party.
ARTICLE THIRTEEN
Venue
The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement. The parties agree that this
Agreement is performable in Collin County, Texas, and that exclusive venue
shall lie in Collin County, Texas.
INTERLOCAL AGREEMENT PAGE
LSX EGAL UTA-HEDGCO7(E (0/16104)
ARTICLE FOURTEEN
Interpretation
This is a negotiated document and should any part of this Agreement be
in dispute, the parties agree that the Agreement shall not be construed more
favorably for either party.
ARTICLE FIFTEEN
Remedies, Non -Waiver
No right or remedy granted herein or reserved to the parties is exclusive
of any right or remedy granted by law or equity, but each shall be cumulative of
every right or remedy given hereunder. No covenant or condition of this
Agreement may be waived without the express written consent of the parties. It
is further agreed that one or more instances of forbearance by either party in the
exercise of its respective rights under this Agreement shall in no way constitute
a waiver thereof.
ARTICLE SIXTEEN
Entire Agreement
This Agreement embodies the entire agreement between the parties and
may only be modified in writing executed by both parties.
ATTEST:
By: "Z6 -k4 -
Name:
<: tName: Elaine Bealke
Title: City Secretary
Date: _ y _0
APPROVED AS TO FO M:
By:,�yy.
Narft�: Diane Wetherbee
Title: City Attorney
Date:
INTERLOCAL AGREEMENT
LSYLEGAL04IA-HEDGC0XE(d/l5 )
CITY OF PLANO, TEXAS
By:
Name: Thomas H. Muelenbeck
Title: City IdA er
Date: v
Executed on behalf of the City of Plano
pursuant to City Council Resolution
No. aoo�/-�/-/oleo
PAGE
ATTEST:
By:
Name: $kelley 6. eorge.
Title: City Secretary
Date:
APPROVED AS TO FORM:
Name: Peter G. Smith
Title: City Attorney
Date: v
INTERLOCAL AGREEMENT
(SUGAL:WIA-HEDGWXE (415/06)
CITY OF ALLEN, TEXAS
Y:
Name: Peter H. 4rgaj
Title: City Manae
Date: 13, aco
Executed on behalf of the City of Allen
pursuant to City Counci Resolution
No. .dq1-V-o�FCk
PAGE
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
instrument was acknowledged before me on the I day of
2004, by THOMAS H. MUEHLENBECK, City Manager
of the CIT F PLANO, TEXAS, a home -rule municipal corporation, on behalf
of said m icipal corporation.
STATE OF TEXAS
COUNTY OF COLLIN
Notary Public, State of Texas
This instrument was acknowledged before me on the 13 a- day of
ina..,f, , 2004, by PETER H. VARGAS, City Manager of the
CITY OF AL EN, TEXAS, a home -rule municipal corporation, on behalf of said
municipal corporation.
"ss KAY DRESCHER
yP N.WN Public
� Sleu of Taxes
•4J My Domm Exp, W't 5-200a
INTERLOCAL AGREEMENT
IS1LEGALMIA-HEDGCOXE (4/15/04)
1�-�1 Q1hta-�
Notary Fyjblic, State of Texas
PAGE 8
+"°� '•.
BARBARA NEWE0.
Notary obliq Buts of Teus
My Commlulon Expires
DctoDaf 07, 2007
STATE OF TEXAS
COUNTY OF COLLIN
Notary Public, State of Texas
This instrument was acknowledged before me on the 13 a- day of
ina..,f, , 2004, by PETER H. VARGAS, City Manager of the
CITY OF AL EN, TEXAS, a home -rule municipal corporation, on behalf of said
municipal corporation.
"ss KAY DRESCHER
yP N.WN Public
� Sleu of Taxes
•4J My Domm Exp, W't 5-200a
INTERLOCAL AGREEMENT
IS1LEGALMIA-HEDGCOXE (4/15/04)
1�-�1 Q1hta-�
Notary Fyjblic, State of Texas
PAGE 8
Pat Earn
Mrya
S sft Wl
Meyer Pm Tem
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Deputy Mayor No Tan
SmaJoh7m"
Plea l
PMI Oyer
Plea l
Salt' Magnuson
Place 4
Jeer Cannan
Pace
Ken Lamb
Play B
Thomas Mushlerteck
Cary Manager
PO Box960956
Rano, Texas 750M NSB
911-901-7000
city of plan
NOTICE OF CERTIFICATION
I, Elaine Bealke, City Secretary, City of Plano, Texas, do
hereby certify that the attached document is a true and correct copy
of Resolution No. 2004-4-10(R) duly passed and
adopted on April 26 , 20 o4 by the Plano City
Council, as the same appears of record and filed among the official
records in the Office of the City Secretary, and that I am the
official custodian of same.
WITNESS MY HAND AND OFFICIAL SEAL this
29th day of April 2004
m:rtscendoc
/l a 4-6—c
for: Elaine Bealke, City Secretary
RESOLUTION NO. 2004-4-10(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLANO,
TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF PLANO
AND THE CITY OF ALLEN FOR IMPROVEMENTS TO HEDGCOXE ROAD
FROM CUSTER ROAD TO ALMA ROAD; AUTHORIZING ITS EXECUTION
BY THE CITY MANAGER OR, IN HIS ABSENCE, AN EXECUTIVE
DIRECTOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Plano and Allen entered into a Boundary Adjustment
Agreement dated March 17, 2000, providing in part that Plano and Allen
would make certain improvements and pay their respective share of the cost
of completing Hedgcoxe Road from Custer Road to Alma Drive; and
WHEREAS, the City of Plano ("Plano") and the City of Allen ("Allen')
desire to enter into an interlocal agreement setting out the terms and
conditions for the construction, reconstruction and widening of Hedgcoxe
Road, from Custer Road to Alma Road, located in the cities of Plano and
Allen, Collin County, Texas (hereinafter the "Project'); and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes governmental entities to contract with each
other to perform government functions and services under the terms thereof;
and
WHEREAS, the City Council has been presented a proposed
Interlocal Agreement between Plano and Allen for the Project, a substantial
copy of which is attached hereto as Exhibit "A" and incorporated herein by
reference (hereinafter 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, in his absence, an Executive Director shall be authorized to
execute it on behalf of the City of Plano.
MAGENDA:042GRE5-HEDGCOXE
RESOLUTION NO. 2004-4-10(R) PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLANO, TEXAS:
Section I. The terms and conditions of the Agreement, having been
reviewed by the City Council of the City of Plano and found to be acceptable
and in the best interests of the City of Plano and its citizens, are hereby in all
things approved.
Section II. The City Manager or, in his absence, an Executive
Director is hereby authorized to execute the Agreement and all other
documents in connection therewith on behalf of the City of Plano,
substantially according to the terms and conditions set forth in the
Agreement.
Section III. This Resolution shall become effective from and after its
passage.
DULY PASSED AND APPROVED this the 26th day of
April ,2004.
Pat Evans, MAYOR
ATTEST:
Elaine Bealke, CITY SECRETARY
APPROVED AS TO FORM:
//` ane C. Wetherbee, CITY ATTORNEY