HomeMy WebLinkAboutRes 2011-09-01 ILA Collin County Relocation of Utilities on FM 455.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 1Dn ... D'\"Dl
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS AND COLLIN COUNTY,
TEXAS REGARDING THE RELOCATION OF UTILITIES ON FM 455
WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("City")
desire to enter into an agreement concerning relocation of utilities necessary for the
expansion of FM 455 in the City of Anna, Collin County, Texas; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 191 (the
"Act") 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 City and the County have determined that the improvements may be
constructed most economically by implementing this agreement; and
WHEREAS, the City and the County find that this agreement will benefit the residents of
the County by facilitating the expansion of FM 455 which will improve the mobility of all
County residents; and
WHEREAS, this agreement will support and advance the mission of the Collin County
Mobility Plan;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The Council hereby approves the Agreement, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 6th
day of September, 2011.
CITY OF ANNA, TEXAS RESOLUTION NO. ZfUI. () f· ()/ PAGE 1 OF 1
INTERLOCALAGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF ANNA
CONCERNING THE RELOCATION OF UTILTIES
FOR FM 455 FROM US 75 TO .75 MILES EAST OF SH5
2007 BOND PROJECT #07-00-12
WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("City")
desire to enter into an agreement concerning relocation of city owned utilities necessary for the
expansion of the TxDOT project FM 455 from US 75 to .75 miles east of SH 5; CSJ: 0816-04
044 in the City of Anna, Collin County, Texas; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791 (the "Act")
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 City and the County have determined that the improvements may be
constructed most economically by implementing this agreement; and
WHEREAS, the City and the County find that this agreement will benefit the residents of the
County by facilitating the expansion ofFM 455 from US 75 to .75 miles east ofSH 5 which will
improve the mobility of all County residents; and
WHEREAS, this agreement will support and advance the mission of the Collin County Mobility
Plan;
WHEREAS, the city has asked to reallocate a portion of their 2007 Bond allocation from project
07-009; Mantua Rd from SH 5 to US in the amount of $800,000 to fund this project;
NOW, THEREFORE, this agreement is made and entered into by the County and the City upon
the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The City shall contract with a qualified utility contractor to relocate City owned utilities
necessary for the expansion of FM 455 from US 75 to .75 miles east of SH5 from a 2 lane rural
roadway to 4 lane (ultimate 6 lane) divided urban roadway, said engineering services hereinafter
called the "Project."
ARTICLE II.
The City shall provide the County with a copy of the executed Construction Contract for
the construction services.
ARTICLE III.
The City estimates the total actual cost of the utility relocation to be $1,600,000. The
County agrees to fund a portion of the total cost of the relocation in an amount not to exceed
$800,000. The County shall remit funds for the utility relocation within thirty (30) days after the
City executes a Construction Contract.
ARTICLE IV
Collin County's participation in funding the Utility relocation shall not exceed $800,000 as
indicated in Article III above. At the completion of the Project the City shall provide a final
accounting of expenditures for the Project. If the actual cost of the Project is less than the
estimated cost of $1,600,000, the City shall reimburse the County so that the County will have
only paid fifty percent (50%) of the actual cost of the Project.
ARTICLE V
The City and the County agree that the party paying for the performance of the
governmental functions or services shall make those payments from current revenues. However,
if payments are made over a term of years, the party making such payments may levy ad valorem
taxes in an amount necessary to make the payments as they become due under Section 791.028
of the Act or may expend revenues otherwise legally available to the paying party to make such
payments.
ARTICLE VI
INDEMNIFICATION. To the extent allowed by law, each party agrees to release,
defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from
and against all claims or causes or action for injuries (including death), property damages
(including loss of use), and any other losses, demands, suits, judgments, and costs, including
reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from
its performance under this agreement, or caused by its negligent acts or omissions (or those of its
respective officers, agents, employees, or any other third parties for whom it is legally
responsible) in connection with performing this agreement.
ARTICLE VII
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.
ARTICLE VIII
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 law, the remaining portions of the agreement shall be enforced as if the
invalid provision had never been included.
ARTICLE IX
ENTIRE AGREEMENT. This agreement embodies the entire agreement between the
parties and may only be modified in writing executed by both parties.
ARTICLE X
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 XI
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, express or implied, other than those set forth herein, and this agreement shall not
create any rights in parties not signatories hereto.
ARTICLE XII
TERM. This agreement shall be effective upon execution by both parties and shall
continue in effect annually until completion of the Project.
ARTICLE XIII
The declarations, determinations and findings declared, made, and found in the preamble to this
agreement are hereby adopted, restated and made part of the operative provisions hereof.
Date:__---,j~:...,.LJ4.,.oot:::::ff__-----
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APPROVED AS TO FORM:
By:.___________
Nrune:_________________
Title:___________
Date:__________
ATTEST:
APPROVED AS TO FORM:
B~~
N : LJg..~K. t-'\ c Co,/
Title: City Attorney
Date: ~ J {3.12-0 \ \
COUNTY OF COLLIN, TEXAS
By:______________
Nrune:____________
Title: County Judge
Date:_____________
Executed on this __day of ,2011,
by the County of Collin, pursuant to
Commissioners' Court Order No.,____
City of ~
pursuant to Ci Council Resolution AIlfA ...
No. ADII'" ()9-Ql