Resolution 2015-25 RESOLUTION NO. 2015-25(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 WYLIE MUNICIPAL COMPLEX EAST MEADOW
TRAIL PROJECT.
WHEREAS, Collin County, Texas, 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 Collin County; and
WHEREAS, Collin County, Texas and the City of Wylie, Texas desire to enter into an
agreement concerning development of the Wylie Municipal Complex East Meadow Trail in the
City of Wylie; and
WHEREAS, the City of Wylie and Collin 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 the County and provide
additional park and recreational facilities and open space for all County residents; and
WHEREAS,this agreement will support and advance the mission of the Collin County
Parks and Open Space Strategic Plan.
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. Collin County agrees to fund a portion of the total cost of the project, in an amount
not to exceed $500,000.00, for the development of the Wylie Municipal Complex East Meadow
Trail Project.
SECTION 3. An official copy of this resolution shall be forwarded to the Collin County
Commissioners' Court for their consideration.
Resolution No.2015-25(R)Interlocal Agreement
with Collin County for Municipal Complex East Meadow Trail Project
SECTION 4. The City Manager of the City of Wylie is hereby authorized to enter into an
Interlocal Agreement with Collin County for the Wylie Municipal Complex East Meadow Trail
Project.
SECTION 5. This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 101h day of November,2015.
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Resolution No.2015-25(R)Interlocal Agreement
with Collin County for Municipal Complex East Meadow Trail Project
Special Projects
4690 Community Avenue, Suite 200
COUNTY COLLIN COUNTY McKinne x Texas 75071
COUNTY 972-548-3744
www.collincountytx.gov
October 19,2015
City of Wylie
Michael Sferra
300 Country Club Road,Bldg. 100
Wylie,Texas 75098
RE: Collin County Project Funding Assistance Program
The Collin County Parks Foundation Advisory Board completed review of applications and
provided funding recommendations, which were approved by Commissioners Court on
October 12, 2015.
On behalf of Commissioners Court, the Advisory Board is pleased to inform you that the
Wylie Municipal Complex East Meadow Trail project was awarded$500,000 in funding.
Enclosed are four (4) originals of the Interlocal Agreement for execution. Please leave
signature tags affixed and return all signed originals to Teresa Nelson at the above
address. Upon execution by the Collin County Commissioners Court an original will be
returned for your file. The project must not commence until both parties have executed this
Agreement.
The 2007 Parks and Open Space Bond, 6th Series, will provide funding assistance to sixteen
(16)applicants for a total of$2,412,432.
If you have any questions you may contact Teresa Nelson(972) 548-3744.
Best regards,
Nancy Joslin
Chairperson
Parks Foundation Advisory Board
Enclosure
INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY
AND THE
CITY OF WYLIE
WHEREAS,the County of Collin, Texas("County")and the City of City ("City") desire
to enter into an Agreement concerning improvements to Wylie Municipal Complex East
Meadow Trail 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 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 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;
NOW, THEREFORE, this Agreement is made and entered into by the County and the
City upon and for the mutual consideration stated herein.
WITNESSETH•
ARTICLE I.
The City shall arrange for improvements to Wylie Municipal Complex East
Meadow Trail,hereinafter called the "Project".
ARTICLE II.
The City shall prepare plans and specifications for improvements, accept bids,
award a construction contract and administer the construction contract in accordance with
all state statutory requirements. The City shall provide the county with a copy of executed
construction contract(s) for the Project. All improvements shall be in accordance with the
plans and specifications approved by the City. Changes to the Project which alter the
initial funding set forth in Exhibit "A" must be reviewed by the Parks Foundation
Advisory Board and approved by Commissioners Court.
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LARTICLE 11I.
The City will not expend assistance funds to acquire easements or real property
for use as right-of-way.
ARTICLE IV.
The City estimates the total actual cost of the Project to be $1,532,735.00. The
County agrees to fund a portion of the total cost to construct improvements described in
Exhibit "A" in an amount not to exceed $500,000.00. The County shall reimburse the
City for invoices paid by the City for costs related to items described in Exhibit "A" on a
dollar for dollar matching basis. Should the City receive funding or reimbursement from
third party sources for items described in Exhibit "A", then the County's matching
obligations shall be calculated so as to exclude such third-party funding amounts.
Alternative payment schedules would require Commissioners Court approval.
ARTICLE V.
Collin County's dollar for dollar matching participation in this project shall not
exceed $500,000.00 as indicated in Article IV 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 Program. The City shall
also provide before, during and after photos and 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 final 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 remain 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 party agrees to release,
defend, indemnify, and hold harmless the other (and its officers, agents, and employees)
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
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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 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 for any disputes arising
under this Agreement shall lie in Collin County, Texas.
ARTICLE X.
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 XI.
ENTIRE AGREEMENT. This Agreement embodies 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 XHI.
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 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.
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ARTICLE XV.
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.
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.
County Bond Project: 07PG83
ATTEST: CITY OF WYLIE
By: By:
Name: Name:
Title: Title:
Date: Daze:
Executed on behalf of the City of
Wylie pursuant to City
Council Resolution No,
APPROVED AS TO FORM:
By:
Nam ,2y,,,4. >OPo—
Title: Oy-'y Gi
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EXHIBIT "A"
The County will provide funding assistance for the following:
❑ Concrete trail (Item 5)
Total funding $500,000.00
Contact Information
Request for reimbursement submitted to:
Collin County
Special Projects
Teresa Nelson
4690 Community Avenue, Suite 200
McKinney, Texas 75071
972-548-3744
Submission of electronic photos and quarterly reports:
Teresa Nelson
tnelsonC&collincountytexas.gov
Proiect Manaaer Contact: (must be able to answer specific questions regarding project)
Name:
Address:
Phone:
Fax:
Email:
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