Resolution 2012-40 RESOLUTION NO. 2012-40(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 COLLIN COUNTY AND THE CITY
OF WYLIE FOR THE PHEASANT CREEK PARK IMPROVEMENTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collin County, Texas, ("Count ") is a duly organized political subdivision
of the State of Texas engaged in the administration of County Government and related services
for the benefit of the citizens and residents of Collin County; 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 2007 Collin County Bond Election established a pool of funding for
park and open space development in the County; and
WHEREAS, the County, and the City of Wylie, Texas ("Wvlie") desire to enter into an
interlocal agreement concerning development of Pheasant Creek Park in Wylie ("A�reement");
'.�"`` and
WHEREAS, Wylie and the County have determined that the development of park land
may be performed most economically by implementing this Agreement; and
WHEREAS, this Agreement will benefit the residents of Wylie and provide additional
park and recreational facilities and open space for Wylie residents; and
WHEREAS, the Wylie City Council has investigated and determined that this
Agreement will be advantageous and beneficial to the citizens of Wylie by aiding the
development of the Pheasant Creek Park Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
SECTION 2. The County agrees to fund a portion of the total cost of the project, in an
amount not to exceed Forty-Seven Thousand Dollars and No/100 ($47,000.00), for the
development of the Pheasant Creek Park Improvements Project.
� SECTION 3. An official copy of this resolution shall be forwarded to the Collin County
Commissioners' Court for their consideration.
Resolution No.2012-40(R)Interlocal Agreement with Collin Page 1
County for Pheasant Creek Park Improvements Project
618638.1
SECTION 4. The City Manager of the City of Wylie is hereby authorized to execute an �
Interlocal Agreement with Collin County for the Pheasant Creek Park Improvements Project.
SECTION 5. This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on
this the l lt" day of December, 2012.
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ERIC HOGUE, 1VI�yor
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Resolution No.2012-40(R)Interlocal Agreement with Collin Page 2
County for Pheasant Creek Park Improvements Project
618638.1
INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY
AND THE
CITY OF WYLIE
WHEREAS, the County of Collin, Texas ("County") and the City of Wylie ("City")
desire to enter into an Agreement concerning improvements for Pheasant Creek Paxk in
the City of Wylie, Collin County,Texas;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 City and County have determined that the pazk improvements may be
accomplished most economically by implementing this Agreement;and
WHEREAS, the City and the County find that this Agreement will benefit the residents
of the County and provide additional park and recreational facilities and open space for
all County residents; and
WHEREAS, this Agreement will support or advance the mission of the Collin County
Parks and Open Space Strategic Plan and the Collin County Regional Trails Master Plan;
N4W, THEREFORE, this Agreement is made and entered into by the County and the
City upon and for the rnutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The City shall arrange for construction of improvements at Pheasant Creek Pazk
hereinafter called the "Project". The Project shall consist of the items described in
Exhibit"A".
ARTICLE II.
The City shall develop plans in accordance with all state statutory requirements.
The City shall provide the County with a copy of executed contract(s) for the Project.
Changes to the project which alter the initial funding request referenced in Exhibit "A"
must be reviewed by the Parks Foundation Advisory Board and approved by
Commissioners Court.
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ARTICLE III.
The City will not expend assistance funds to acquire easements or real property
for use as right-of-way.
ARTICLE N.
The City estimates the total actual cost of the project to be $197,593.00. The
County agrees to fund a portion of the total cost for items described in Exhibit"A" in an
amount not to exceed�47,000.(!0. The County shall reimburse the City for invoices paid
by the City for cost related to the Project on a dollar for dollar matching basis.
Alternative payment schedules would require Commissioners Court approval.
ARTICLE V.
Collin County's participation in this project shall not exceed $47,000.00 as
indicated in Article N above. The City shall be responsible for any costs, which exceed
the total estimated project cost.
ARTICLE VI.
The City shall install a project sign identifying the project as being partially --�
funded by the Collin County 2007 Parks and Open Space Bond Progam. The City shall
also provide quarterly progress reports in electronic format or via US mail to the
contact identified on Exhibit "A". Following completion of the project, the City shall
provide an itemized finat accounting of expenditures including in-kind services or
donations for the project. All projects for which the County has provided funds through
its 2007 Parks and Open Space Bond Program must rernain open and accessible to all
County residents.
ARTICLE VII.
The City and County 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.
ARTICLE VIII.
INDEMNIFICATION. To the extent allowed by law, each parly agrees to release,
defend, indemnify, and hold harmless the other (and its officers, agents, and ernployees)
from and against all claims or causes of action for injuries (including death), property
damages (including loss of use}, and any other losses, demands, suits, judgements 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 ather third
parties for whorn it is legally responsible) in connection with performing this Agreement.
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ARTICLE IX.
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 X.
SEVERABILITY. The provisions of this Agreement aze 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 XI.
ENTIRE AGREEMENT. This Agreement embadies the entire Agreement
between the parties and may only be modified in writing executed by both parties.
ARTICLE XII.
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 XIII.
IMMLINITY. It is expressly understood and agreed that, in the execution of this
Agreement, neither party waives, nor shall be deerned 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 that those set forth herein,
and this Agreement shall not create any rights in parties not signatories hereto.
ARTICLE XIV.
TERM. This Agreement shall be effective upon execution by both parties and
shall continue in effect annually until final acceptance of the Project.
ARTICLE XV.
`�'�" The declarations, determinations and findings declared, made and found in the preamble
to this Agreement are hereby adopted, restated and made pazt of the operative provisions
hereof.
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APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS
By: BY�
Name: Name: Keith Self
Title: Title: County Judge
Date: Date:
Executed on this day of ,
20_,by the County of Collin,
pursuant to Commissioners' Court
Order No.
ATTEST: CITY OF WYLIE
By: By:
Name: Name:
Title: Title:
Date: Date:
Executed on behalf of the City of
Wylie pursuant to City Council --�
Resolution No.
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
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EXHIBIT "A"
The County will provide funding assistance for the following:
• Pavilion construction
• Concrete trail construction(8' width)
• Solar trail lighting
Total funding $47,000.00
Contact Information
Request for reimbursement submitted to:
Collin County
Special Projects
Teresa Nelson
"`�"` 825 N. McDonald Street, Suite 145
McKinney,Texas 75069
972-548-3744
Submission of quarterly reports:
Teresa Nelson
tnelson(c�col lincountytexas.gov
Proiect Mana�er Contact: (must be able to answer specific questions regarding project)
Name:
Address:
Phone:
Fax:
Email:
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