Resolution 2024-32 RESOLUTION NO. 2024-32(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF WYLIE AND THE CITY OF MURPHY FOR A SHARED TRAIL
CONNECTION—MAXWEEL CREEK TRAIL CONNECTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie,Texas,an Interlocal Agreement by and between the City of
Wylie and the City of Murphy for a shared trail connection—Maxwell Creek Trail Connection.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th
day of December, 2024.
-;A1 2V
AewPorter, Mayor
ATTEST TO:
Stephanie Storm, City Secretary
Resolution No.2024-32(R) ILA w/City of Murphy for Maxwell Creek Trail Connection Page 1 of 1
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS
AND THE CITY OF MURPHY,TEXAS FOR CONSTRUCTION AND MAINTENANCE OF
MAXWELL CREEK TRAIL
THIS AGREEMENT (the "Agreement") is made and entered into by and between the City of
Wylie, Texas, a home rule municipal corporation of the State of Texas(hereinafter "Wylie")and the City
of Murphy, Texas, a home rule municipal corporation of the State of Texas(hereinafter"Murphy"), each
organized and existing under the laws of the State of Texas, and each acting by and through and under the
authority of their respective governing bodies and officials. Wylie and Murphy are collectively referred to
as the"Parties."
WHEREAS, Wylie and Murphy are local governmental entities organized under the laws of the
State of Texas, both of which have the authority to perform the services set forth in this Agreement
individually, and mutually desire to enter into an Interlocal Cooperation Agreement, as provided for in
Chapter 791 of the Texas Government Code in order to maximize the benefits to the citizens of Wylie and
Murphy to be derived from each taxpayer dollar expended; and
WHEREAS, Wylie and Murphy desire to enter into this Agreement for the purpose of
collaborating on the development of Maxwell Creek Trail and ensuring connectivity of the trail between
the two cities; and
WHEREAS, Murphy agrees to construct a portion of Maxwell Creek Trail located in the City of Ys
Wylie from the eastern city limit boundary of Murphy to McCreary Road in Wylie(hereinafter the"Trail"),
as depicted in Exhibit "A", to enable Murphy to provide trail connectivity inside Murphy city limits,
namely to connect Maxwell Creek Trail to new residential development in Murphy; and
WHEREAS, Wylie agrees to extend the trail across McCreary Road to ensure trail connectivity;
and
WHEREAS,Wylie agrees to waive all related construction permit fees for the Trail and coordinate
with Murphy for the inspection of the Trail; and
WHEREAS, Wylie and Murphy value the timely completion of the Trail which creates an integral
connection to a shared trail facility,and the Parties are undertaking the Project to facilitate trail connectivity
for the citizens of both cities; and
WHEREAS, by approval of this Agreement by the Wylie City Council and the Murphy City
Council at open public meetings,each of the Parties have given specific written approval to enter into this
Agreement,as required by Tex. Gov't. Code §791.014(a).
NOW THEREFORE, Wylie and Murphy,for and in consideration of the premises and the mutual
covenants set forth in this Interlocal Cooperation Agreement, and pursuant to the authority granted by the
governing bodies of each of the parties hereto, in accordance with.Tex. Gov't Code §791.011(d)(1), do
hereby AGREE as follows:
Maxwell Creek Trail ILA Page 1 of 7
ARTICLE 1
INCORPORATION OF PREAMBLES
All matters and recitations stated in the preamble to this Agreement are true and correct and are
hereby incorporated by reference into the provisions of this Agreement for all purposes.
ARTICLE 2
PURPOSE OF AGREEMENT.
Pursuant to Texas Government Code §791.011, Wylie and Murphy hereby enter into this
Agreement to perform certain governmental functions and services. The purpose of this Agreement is to
provide a governmental function or service that each party is authorized to perform individually.
Murphy,at its sole cost, agrees to construct the Trail located within the City of Wylie,the location
of which is more specifically shown on Exhibit "A," attached hereto and incorporated herein for all
purposes. Construction of the Trail shall reach substantial completion on or around February 14,2025,and
shall include the following:
(1)approximately thirty (30)feet of Trail that is sixteen(16) feet wide from the eastern city limit
of Murphy to the current back of curb on the western side of southbound McCreary Road;
and
(2)ADA compliant ramp at the connection point to McCreary Road; and
(3) Approximately fifty (50) feet of Trail that is eight (8) feet wide northward to residential
developments in the city limits of Murphy.
Wylie, at its sole cost, agrees to construct additional trail improvements (the "Additional
Improvements"), including, but not limited to,pavement markings and median improvements, for crossing
of McCreary Road, as determined by Wylie in its sole discretion. Notwithstanding the foregoing, in the
event Wylie has not commenced construction on the Additional Improvements by the date Murphy
completes its Trail construction obligations under this Agreement, Wylie shall, at its sole cost, install a
barrier to restrict pedestrian access to and entry upon McCreary Road from the terminus of the Trail
constructed by Murphy. Wylie shall maintain such barrier, at its sole cost, until the Additional
Improvements are complete.
Wylie agrees to waive all permit fees related to construction of the Trail inside the City of Wylie.
Fees shall only be waived for a contractor operating under a contract with the City of Murphy for
construction of the Trail who is also registered with the City of Wylie. Wylie agrees to coordinate
inspections with Murphy during and at the completion of Trail construction.
ARTICLE 3
TERM OF AGREEMENT
This Agreement shall be effective as of the day of 2024 and shall continue in
force and effect until final completion of the Project and acceptance of the Trail by the City of Wylie. The
parties may each elect to terminate this Agreement by mutual agreement of the Parties,except that the terms
of the indemnification and the hold harmless provisions contained within Article 6 hereunder shall survive
Maxwell Creek Trail ILA Page 2 of 7
such termination.
ARTICLE 4
INSURANCE
Murphy agrees to require its contractor or contractors providing services on the Trail pursuant to
this Agreement to provide insurance coverage in minimum amounts sufficient to cover liability limits for
governmental entities as set forth in the Texas Tort Claims Act, as amended. Each City shall maintain
appropriate insurance coverage as required by state law and as necessary to protect against liabilities related
to the Trail.
ARTICLE 5
MAINTENANCE OF TRAIL
The Parties agree that upon completion of construction of the Trail and acceptance of the Trail by
the City of Wylie, all portions of the Trail within Wylie city limits shall become the property of the City
of Wylie, and the City of Wylie shall solely be responsible for the maintenance thereof.
ARTICLE 6
INDEMNIFICATION/LIABILITY
THE PARTIES AGREE TO BE RESPONSIBLE EACH FOR THEIR OWN NEGLIGENT
ACTS OR OMISSIONS, OR OTHER TORTIOUS CONDUCT IN THE COURSE OF
PERFORMANCE OF THIS AGREEMENT WITHOUT WAIVING ANY SOVEREIGN
IMMUNITY,GOVERNMENTAL IMMUNITY,OR OTHER DEFENSES AVAILABLE TO THEM
UNDER FEDERAL OR STATE LAW. THE PARTIES EXPRESSLY AGREE THAT NO
PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A
WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT EACH PARTY
HAS BY OPERATION OF LAW. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED
TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, IN OR TO ANY
THIRD PERSONS OR ENTITIES. ALL PARTIES AGREE THAT ANY SUCH LIABILITY OR
DAMAGES OCCURRING DURING THE PERFORMANCE OF THIS AGREEMENT CAUSED
BY THE JOINT OR COMPARATIVE NEGLIGENCE OF THE PARTIES OR THEIR
EMPLOYEES,AGENTS OR OFFICERS, SHALL BE DETERMINED IN ACCORDANCE WITH
THE COMPARATIVE RESPONSIBILITY LAWS OF THE STATE OF TEXAS. EACH PARTY
ACKNOWLEDGES THAT THE OTHER PARTY IS PROHIBITED BY ARTICLE III, SECTION
52 AND ARTICLE XI, SECTION 7 OF THE CONSTITUTION OF THE STATE OF TEXAS
FROM INDEMNIFYING IT OR ANY OTHER THIRD PARTY FOR DAMAGES ARISING
UNDER THIS AGREEMENT.
ARTICLE 8
RESERVED
ARTICLE 9
NOTICE
Any notice given by one Party to the other in connection with this Agreement shall be in writing
and shall be by personal delivery; sent by registered mail or certified mail; sent by electronic mail; or by
U.S. Mail, return receipt requested, postage prepaid to:
Maxwell Creek'frail ILA Page 3 of 7
WYLIE: Office of the City Manager
City of Wylie, Texas
300 Country Club Rd., Bldg. 100
Wylie, Texas 75098
With a copy to:
Abernathy, Roeder, Boyd, and Hullett, P.C.
ATTN: Ryan Pittman
1700 N. Redbud Blvd 9300
McKinney, TX 75069
MURPHY: Office of the City Manager
City of Murphy, Texas
206 N. Murphy Rd.
Murphy, Texas 75094
With a copy to:
Messer Fort, PLLC
ATTN: Andy Messer
6371 Preston Road, Suite 200
Frisco, TX 75034
Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other
written evidence of receipt.
ARTICLE 10
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the Party to be charged therewith. No
evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising
between the Parties hereto out of or affecting this Agreement, or the rights or obligations of the Parties
hereunder, unless such waiver or modification is in writing, duly executed. The Parties further agree that
the provisions of this Article shall not be waived unless as herein set forth.
ARTICLE 11
SAVINGS/SEVERABILITY
In the event that any one or more of the provisions hereof contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained in this Agreement.
ARTICLE 12
GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by, and in accordance with the laws of the
Maxwell Creek Trail ILA Page 4 of 7
State of Texas,and all obligations of the parties hereto,created by this Agreement are performable in Collin
County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin
County, Texas.
ARTICLE 13
ENTIRE AGREEMENT
This Agreement and the exhibits attached thereto, constitutes the entire agreement among the
parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written
or oral agreements between the parties with respect to the subject matter of this Agreement.No amendment,
modification,cancellation or alteration of the terms of this Agreement shall be binding on any Party hereto
unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by
the parties hereto.
ARTICLE 14
WAIVER OF TERMS AND CONDITIONS
The failure of either party to enforce or insist upon compliance with any of the terms or conditions
of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions,
but the same shall be and remain at all times in full force and effect.
ARTICLE 15
NO THIRD-PARTY BENEFICIARIES
This Agreement only inures to the benefit of, and may only be enforced by, the Parties. No other
person or entity shall have any right,title,or interest under this Agreement or otherwise be deemed to be a
third-party beneficiary of this Agreement.
ARTICLE 16
AUTHORITY OF PARTIES
This Agreement is made by and entered into by the duly authorized officials of each respective
governmental entity.
ARTICLE 17
CAPTIONS
The captions contained in this Agreement are for informational purposes only and shall not in any
way affect the substantive terms or conditions of this Agreement.
ARTICLE 18
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, and constitute one and the same instrument.
IN WITNESS WHEREOF, the City of Wylie, Texas has caused this Agreement to be executed
in two original counterparts, by its duly authorized representative; and the City of Murphy, Texas has
caused this Agreement to be executed by its duly authorized representative, to be effective as of the
day of 2024. J,
Maxwell Creek Trail ILA Page 5 of 7
CITY OF WYLIE,TEXAS
A Texas Municipal Corporation
By:
Brent Parker, City Manager
ATTEST:
By:
Stephanie Storm, City Secretary
CITY OF MURPHY, TEXAS
A Texas Municipal Corporation
By:
Aretha Adams, City Manager
ATTEST:
By:
Kandi Jackson, City Secretary
APPROVED AS TO FORM:
By:
Susan B. Thomas, PhD, Asst. City Attorney
Maxwell Creek Trail ILA Page 6 of 7
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