HomeMy WebLinkAboutRes 02-2000CITY OF ANNA
RESOLUTION NO. 0 2- 2 0 0 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS HEREBY
AUTHORIZING THE MAYOR OF THE CITY OF ANNA, TEXAS TO EXECUTE AN INTERLOCAL
AGREEMENT TO CONTINUE PARTICIPATING IN ROAD AND BRIDGE
MAINTENANCE/IMPROVEMENTS PROJECTS WITHIN THE CORPORATE LIMITS OF ANNA
BY AND BETWEEN THE CITY OF ANNA, AND COLLIN COUNTY,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
SECTION 1: The Mayor of the City of Anna, Texas, is hereby authorized to execute, on behalf of
the City Council of the City of Anna, Texas, an lnterlocal Agreement to continue participating in
road and bridge maintenance/improvements projects within the corporation limits of Anna by and
between the City of Anna and Collin County, a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS the 1 4 t h
ATTEST,
CITY SECRETARY /
day of March
2000.
RFCEIVED i et�e
Department of Public Services &Operations
April 16, 2000
City of Anna
Ronald Ferguson, Mayor
P.O. Box 776
Anna, Tx. 75409
Re: Interlocal Agreement with Collin County
Dear Mayor Ferguson:
On April 10, 2000, Commissioners' Court approved the Interlocal Agreement for road
maintenance between the City of Anna and Collin County . A copy is attached for your
files.
Please call if you have any questions.
Since ly,
Wefurharm, Assistant Director
Collin County Public Services & Operations
attachment
700 A Wilmeth Road
McKinney, Texas 75069 � (972) 548-3701 � 424-1460 ext.3701(Metro) � FAX {972) 548-3754
THE STATE OF TEXAS
COUNTY OF COLLIN
COURT ORDER NO. 2000- f
04 10
INTERLOCAL COOPERATION AGREEMENT
On April 10, 2000, the Commissioners Court of Collin PUBLIC SERVICES � OPERATIONS
with the following members present and participating, to witnty Texas met in regular session
Ron Harris
Phyllis Cole
Jerry Hoagland
Joe Jaynes
Jack Hatchell
During such session
with the City of Anna -
Thereupon,
authorizing
City of Anna
Presiding
Precinct 1
Precinct 2
Precinct 3
Precinct 4
the court considered approval of an Interlocal Cooperation Agreement
County Judge,
Commissioner,
Commissioner,
Commissioner,
Commissioner,
a motion was made, seconded and carried with a majority vote of
the attached Interlocal Cooperation Agreement for road improvements
Same is hereby approved as per the attached documentation.
Jerry Hoag e , C.Mmissioner,
e JaY Ci2.�t " "sionerr Pct-
atchell, Commissioner,
Vommissioners° Court
Collin County, T E X A S
Court20001n Iota I1CooperationAg reement-roads
the
court
with the
INTERLOCAL COOPERATION AGREEMENT
WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas
Statutes and Codes Annotated (the , and the Constitution of the State of Texas,
Article III, Section 64(b) (the "Constitution") specifically authorizes 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 herein 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
city of Anna , political subdivision of the State of Texas
which is wholly or partially located within Collin County, Texas. Consideration for this
Agreement consists of the mutual convenants contained herein, as well as any monetary
consideration which may be stated herein. This agreement is as follows, to -wit:
INTERLOCAL COOPERATION AGREEMENT PAGE 1
As requested by the political subdivision named herein, Collin County, Texas,
acting by and through its duly authorized agents Cl"d employees, agrees to provide said
political subdivision with the following described governmental functions and/or services:
ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO.
97-576-08-25 (COPY ATTACHED).
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,
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 steal! 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:
COLLI CO NT ,TEXAS
Tit
le:Ron Harris, County Judge
INTERLOCAL COOPERATION AGREEM
ENT PAGE 2
Date:
-- zodo
By:
k %J kcal Subdivision) ,
INTERIOCAL COOPERATION AGREEMENT PAGE 3
03-17-00' 020633 PP 9729242620
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LAST TN REPORT =x
JOURNAL NO. =13
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REMOTE IiD/TEL * 214 548 3754
TIME w03/17 02:33
PAGE :1
RESULT - OK
CITY OF FRISCO, TEXAS
iT/ZOf.00
sd4009B= X2i
RESOLUTION NO.M�_J`�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRISCCi, TEXAS
HEREBY AUTHORIZING THE MAYOR OF THE CITY OF FRISCQ, TEXAS TO
EXECUTE AN INTERLOCAL AGREEMENT TO CONTINUE .PARTICIPATING IN
ROAD AND BRIDGE MAINTENANCE/IMPROVEMENTS PROJECTS WITHIN THE
CORPORATE LIMITS OF FRISCO BY AND BETWEEN THE CITY OF FRISCO,
AND COLLIN COUNTY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRISCOo TEXAS:
SECTION 1: The Mayor of the City of Frisco, Texas, is. hereby authorized to
execute, on behalf of the City Council of the City of Frisco, Texas, an Interlocal
Agreement to continue participating.. inroad and bridge
maintenance/improvements drC�iitrs County,within ha copy of wih ch ists attached heof Friscobeto as
between the City of Frisco a
Exhibit "A" and incorporated herein for all purposes.
SECTION 2. This Resolution shall flake effect immediately upon its passage.
.L
� 2000.
RESOLVED THIS the � daY of _��'r` T—
City Secretary
\i�risco2�resodutioas�Resolueions 2fl0�Cailin �o��Y �3���d�
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TOO) Ed(id 0� NT"L'I0� Y5L£ 8�S ��ZeQi L®�SI
Department of Public Services &Operations
January 4, 2000
Ronald Ferguson, Mayor
City of Anna
P.O. Box 776
Anna, Tx. 75409
Re: Interlocal Agreement
Dear Mayor Ferguson:
Enclosed is an Interlocal Cooperation Agreement which will allow Collin County to
continue participating in road and bridge maintenance/improvement projects within the
corporate limits of Anna. The county may assist with general maintenance activities
such as the grading, rocking and oiling of roads. Major improvements such as the
construction or reconstruction of roads will only be considered if the road is on the Collin
County Thoroughfare Plan. A copy of our County Road Policy is attached for your
review.
This Interlocal Cooperation Agreement replaces an existing agreement signed by the
city on December 17, 1993. In the future, this agreement will be sent out for renewal on
an annual basis.
Please present this agreement to your City Council for approval and forward one signed
original to my office along with a copy of your city's resolution by February 15, 2000.
Upon receipt, I will submit it to Commissioners' Court for their approval and signature. A
copy of the signed agreement will be returned to you for your records.
Please feel free to contact me if you have any questions.
Sincerely,
Bobby AttubeYry
Director of Public Services & Operations
Collin County
attachments
700 A Wilmeth Fdoad
McKinney, Texas 75069 • (972) 548-3701 •424-1460 ext.3701(Metro) •FAX (972) 548-3754
INTERLOCA� COOPERATION AGREEMENT
WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas
Statutes and Codes Annotated (the , and the Constitution %J the State of Texas,
Article III, Section 64(b) (the "Constitution") specifically authorizes 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 herein 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
city of Aga
political subdivision of the State of Texas
which is wholly or partially located within Collin County, Texas. Consideration for this
Agreement consists of the mutual convenants contained herein, as well as any monetary
consideration which may be stated herein. This agreement is as follows, to -wit:
INTERLOCAL COOPERATION AGREEMENT PAGE 1
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 IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO.
97-576-08-25 (COPY ATTACHED).
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.
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:
COLLIN COUNTY, TEXAS
By:
Title:Ron Harris, County Judge
INTERLOCAL COOPERATION AGREEMENT PAGE 2
(Poiix cl Subdivision) ,
Date: -�
iNTERLOCAL COOPERATION AGREEMENT PAGE 3
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A. Costs for road and bridge repairs or improvements will be as follows:
(a) Cost of materials used for the project or one-half of the total project (including
Labor and equipment), whichever is greater, if the road is on the Collin County
Thoroughfare Play
(b) Total cost, including materials, labor and equipment if the road is not on the Collin
County Thoroughfare Plan_
Page 8 `
COURT ORDER NO. 97- 576 -08-25
THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED
COUNTY ROAD POLICY/RESCIND PREVIOUSLY
APPROVED COURT ORDERS
COUNTY OF COLLIN COUNTY RQkD SS f RINTENDENT
On August 25, 1997, the Commissioners' Court of Collin County, Texas, met in special
session with the following members present and participating, to wit:
Ron Hams
Phyllis Cole
Jery Hoagland
Joe Jaynes
Jack Hatchell
County Judge, Presiding
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
During such session the court considered a request from the County Road Superintendent for
approval to rescind previously adopted court orders pertaining to County Road Policies,
furthermore, adoption of a revised County Road Policy.
Thereupon, a motion was made, seconded and
adopt a revised County Road Policy effective
adopted court orders pertaining to same. Same
attached documentation.
ATTEST:
Commissioners` Court
Collin County, T E X A S
carried with a majority vote of the court to
October 1, 1997, and rescind previously
is hereby approved in accordance with the
L2114/1999 02:58 FAX 9725475734 COLLIN LAB' LIBRA
Page 1
Citation/Title
TX GOUT § 791.002, Short Title
*52597 V_T.C.A., Government Code § 791.002
VERNON'S TEXAS STATUTES AND CODES ANNOTATED
GOVERNMENT CODE
TITLE 7. INTERGOVERNMENTAL RELATIONS
CHAPTER 791. INTERLOCAL COOPERATION CONTRACTS
SUBCHAPTER A. GENERAL PROVISIONS
Current through End of 1997 Reg. Bess.
§ i91.002. Short Title
This chapter may be cited as the Tnterlocal Cooperation Act_
CREDITS)
1994 Main Volume
Added by Acts 1991. 72»d Leg , ch. 38. � 1, eff Sept 1, 1991.
<General MaterialsReferences, Annotations, or Tables>
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
I994 Main Volume
PfiO[ Laws:
Acts 1971, 62nd Lcg., p. 1971, ch_ S13.
vemon's Ann.Civ_St arc 4413(32c} § 24
Copyright {c} West Group 1999 No claim to original U.S. Gout. works
12*/14/1&99 02:58
FA% 9725475734
COLLIN LAYS' LIBRA
lQ.] 04
TX-STAT-AN - TX GOUT S '791.028, Contracts for Joint Payment or Road Construction and Improvements
------------ Excerpt
from
page
52627 follows------------
V.T.C.A_, Government
Code
§ 791.028
VERNON°S TEXAS STATUTES AND CODES ANNOTATED
GOVERNMENT CODE
TITLE 7. INTERGOVERNMENTAL RELATIONS
CHAPTER 791. INTERLOCAL COOPERATION CONTRACTS
SUBCHAPTER Co SPECIFIC INTERLOCAL CONTRACTING AUTHORITY
Current through End of 1997 Reg_ Sess_
5 791.028. Contracts for Joint Payment of Road Construction and Improvements
(a} In this section:
(1) "Highway project" means the acquisition, design, constructian, improvement, or
beautification of a state or local highway, turnpike, or road project.
(2) "Transportation corporation" means a corporation created under chapter 431, Transportation
Code.
(b) A local government may contract with another local government, a state agency, or a
transportation corporation to pay jointly all or part of the costs of a highway project, including
the cost of an easement or interest in land required for or beneficial to the project.
(c} A local government and a transportation corporation, in accordance With a contract executed
under this section, may:
il) jointly undertake a highway project;
(2) acquire an easement, Land, or an interest in land, in or outside a right-of-way of a
highway project, as necessary for or beneficial to a highway project; or
(3) adjust utilities for the project.
(d) If a contract under this section provides for payments over a term of years, a local
government may levy ad valorem taxes in an amount necessary to make the payments required by the
contract as they become due.
Copyright (c) west Group 1999 No claim to original U.S_ Govt. works
f
Tx-STAT-AN - TX GOvT § 791.011, Contracting Authority;
------------ Excerpt from page 52605 follows
V.T.C.A., Government Code g 791-011
vERNON°S TEXAS STATtlTES AND CODES ANNOTATED
GOVERNMENT CODE
TITLE 7, INTERGOYER%iMENTAL RELATIONS
GtiAPTER 791. INTERLOCAL COOPERATION CONTRACTS
SfJSCHAPTER B. GENERAL INTERLOCAL CONTRACTING AUTHORITY
Current through End of 1997 Reg. Sess.
5 791.011. Contracting Authority; Terms
Terms
ta) A local government may contract or agree with another local government to perform
governmental functions and services in accordance With this chapter.
(b) A party to an interlocal contract may contract with a:
f1D state agency, as that term is defined by Section ?71.002; or
(ZD similar agency of a state that borders this state.
tcD An interlocal contract may be to.
(1) study the feasibility of the performance of a governmental function or service by an
iriteriocal contract; or
t2D provide a governmental function or service that each party to the contract is authorized to
perform individually.
{d} An interlocal cont=act must:
(1D be authorized by the governing body of each party to the contract;
i2) state the purpose, tetras, rights, and duties of the contracting parties; and
{3) specify that each party paying for the performance of governmental functions or services
must snake those payments from current revenues available to the paying party.
te) An interlocal contractual payment must be in an amount that fairly compensates the
performing party for the services or £unctions perfoaaed under the contract.
{f} Ass interlocal contract may be renewed annually.
r�—�
Copyright (c) west Group 1999 No claim to original II.S. Govt. arotks
Tn� vvar^r ui.--T r,rT�T^Tn� �� t C i fi-C7 t R �'.7 Th : C'n RRRT /isT /7T
COURT ORDER NO. 97- 576 -O8-25
THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED
COUNTY ROAD POLICY/RESCIND PREVIOUSLY
APPROVED COURT ORDERS
COUNTY OF COLLIN COUNTY RQ�D S RINTENDENT
On August 25, 1997, the Commissioners' Couri of Collin County, Texas, met in special
session with the following members present and participating, to wit:
Ron Hams
Phyllis Cole
Jer y Hoagland
Joe Jaynes
Jack Hatchell
County Judge, Presiding
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
During such session the court considered a request from the County Road Superintendent for
approval to rescind previously adopted court orders pertaining to County Rogd Policies,
furthermore, adoption of a revised County Road Policy.
Thereupon, a motion was made, seconded and
adopt a revised County Road Policy effective
adopted court orders pertaining to same. Same
attached documentation.
ATTEST:
Helen Starnes, Lzx-Utticlo
Commissioners` Court
Collin County, T E X A S
rawrt971courto,+demVo2dpoi
carried with a majority vote of the court to
October 1, 1997, and rescind previously
is hereby approved in accordance with the
mmissioner, Pct. 3
mm�sstoner,
COUNTY ROAD POLICY (CITIES]
Section I Maintenance/Improvements to Roads Within City Limits
A. Each city in Collin County is responsible for maintaining the roads and bridges within
their city limits.
B. Commissioners' Court desires that a consistent policy be continued concerning road
work performed by the county within the corporate limits of cities as Collin County
has limited funds, personnel and equipment available for these projects.
C. Commissioners' Court may consider making or participating in improvements to roads
and bridges within the corporate limits of a city as follows:
(a) General maintenance items to include rocking, grading, asphalt level up,
sealcoating, oiling for dust control, installation of culverts, cleaning of drainage
ditches, mowing or brushcutting and emergency repairs to bridges.
(b). Major improvements such as the construction or reconstruction of roadways will
only be considered if the road is on the Collin County Thoroughfare Plan.
D. A city must be entered into an Interlocal Cooperation Agreement with Collin County
prior to work being performed by Collin County for that city.
E. All requests must be submitted to the Director of Public Works by April 1st of the
year prior to the year improvements are desired to be made. Emergency requests will
be evaluated by Commissioners' Court upon the merits presented by the requesting
city.
F. Authorization for work in cities can only be given by Commissioners' Court.
Section II Reimbursement for Work Performed by Collin County
A. Costs for road and bridge repairs or improvements will be as follows:
(a) Cost of materials used for the project or one-half of the total project (including
labor and equipment),.whichever is greater, if the road is on the Collin County
Thoroughfare Plan.
(b) Total cost, including materials, labor and equipment if the road is not on the Collin
County Thoroughfare Plan.
1NTERLOCAL COOPERATION AGR(IL.. E, T
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
The City of Anna political subdivision of the
state of Texas
INTERLOCAL COOPERATION AGREETMENT
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: December 17, 1993
December 17, 1993
COLLIN COUNTY, TEXAS
By:
Title: Count
THE CITY OF ANNA,
By:
Mayor
s
INTERLOCAL COOPERATION AGREEMENT Page 3
I�ECEIVEU
COUNTY APR 2 3 2001
CITY OF ANNA
Department of Public Services &Operations
April 20, 2001
City of Anna
Ronald Ferguson, Mayor
P.O. Box 776
Anna, Tx. 75409
Re: Interlocal Agreement with Collin County
Dear Mayor Ferguson:
On April 9, 2001, Commissioners' Court approved the Interlocal Agreement for road
maintenance between the City of Anna and Collin County . A copy is attached for your
files.
Please call if you have any questions.
Sinc rely,
*/16Q L44�
Jeff Durham, Assistant Director
Collin County Public Services & Operations
attachment
700 A Wilmeth Road
McKinney, Texas 75069 • (972) 548-3701 •424-1460 ext.3701(Metro) •FAX (972) 548-3754
THE STATE OF TEXAS
COURT ORDER NO. 2001- Zb -04-09
AGREEMENTS
INTERLOCAL COOPERATION AGREEMENT
COUNTY OF COLLIN PUBLIC SERVICES & OPERATIONS
On April 9, 2001, the Commissioners Court of Collin County, Texas, met in regular session
with the following members present and participating, to wit.
Ron Harris
Phyllis Cole
Jerry Hoagland
Joe Jaynes
Jack Hatchell
County Judge,
Commissioner,
Commissioner,
Commissioner,
Commissioner,
Presiding
Precinct 1
Precinct 2
Precinct 3
Precinct 4
During such session the court considered approval of an Interlocal Cooperation Agreement for
road improvements.
Thereupon, a motion was made, seconded and carried with a majority vote of the court
authorizing the attached Interlocal Cooperation Agreement for road improvements with the
City of Anna. Same is hereby approved as per the attached documentation.
acK tiatcnefl: Comm
ATTEST:
Helen Starnes, Ex-Offi i CICI reo k
Commissioners' Court
Collin County, T E X A S
Court2001 In local\CooperabonAgreement-roads
oner,
INTERLOCAL COOPERATION AGREEMENT
WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas
Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas,
Article 111, Section 64(b) (the "Constitution") specifically authorizes 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 herein 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
City of Anna , political subdivision of the State of Texas
which is wholly or partially located within Collin County, Texas. Consideration for this
Agreement consists of the mutual convenants contained herein, as well as any monetary
consideration which may be stated herein. This agreement is as follows, to -wit:
INTERLOCAI COOPERATION AGREEMENT PAGE 1
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 IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO.
97-576-0&25 (COPY ATTACHED).
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.
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: O
COLLI O NTY, XAS
By:
Title:Ron Harris, County Judge
INTERLOCAL COOPERATION AGREEMENT PAGE 2
TYy � �FwNR-
(Political Subdiviysjon)
Date: � �I � / 0 I By:
INTERLOCAL COOPERATION AGREEMENT PAGE 3