Resolution 2018-18RESOLUTION NO. 2018-18(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH
COLLIN COUNTY, TEXAS FOR ROAD IMPROVEMENTS IN
ACCORDANCE WITH COURT ORDER NO. 97-576-08-25.
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
between the City of Wylie, Texas and the Collin County, Texas for Road Improvements in
accordance with Court Order No. 97-576-08-25, which is attached hereto as Exhibit "A."
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 24th day of April, 2018.
ATTEST TO:
Stephanie Storm, City Secretary
Resolution No. 2018-18(R)
Interlocal Agreement with Collin County
Road Improvements in accordance with Court Order No. 97-576-08-25
EXHIBIT "A"
Interlocal Agreement
563458-1
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 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, THEREFOR, 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 Wylie, 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 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 IMPROVEMENTS IN ACCORDANCE WITH
COURT ORDER NO. 97-576-08-25 (Copy Attached)
II.
As consideration for the above-described governmental functions
and/or services, said political subdivision agrees to timely pay to Collin
1
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.
Any payments for Work performed under this Agreement that are not
made within thirty days from when such payments are due shall accrue interest
as prescribed by the Texas Prompt Payment Act (Tex. Gov't Code ch. 2251).
III.
To the fullest extent allowed by law, 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 October 1, 2018, or from 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 subdivision who are parties hereto and shall remain in effect through
September 30, 2022 unless terminated by either party upon giving thirty (30)
days written notice to the other party of its intent to terminate the
agreement.
6. Notices, correspondence, and all other communications shall be addressed
as follows:
If to Collin County:
Name:
Address:
E-mail:
2
Phone:
FAX:
If to City:
Name:
Address:
E-mail:
Phone:
FAX:
Notwithstanding the foregoing, it is understood that each party paying for the
performance of governmental functions or services must make those
payments from current revenues available to the paying party. In the event
of a non -appropriation by the paying party, the performing party shall be
relieved of its responsibilities hereunder as of the first day of the fiscal year of
such non -appropriation. All payments must be in an amount that fairly
compensates the performing party for the services or functions performed
under this agreement.
Dispute Resolution
Notice & Conference
If a party believes that the other party has not met, or is not meeting, an
obligation under this agreement, the party will contact the other's
representative to discuss the issue. If the aggrieved party does not believe that
this informal contact, discussion, and ensuing efforts have fixed the issue, then
the party will notify the other party's representative in writing of the party's
belief or complaint with reasonable detail to permit the other party to address
the issue. The other party will then have a reasonable time to address the issue
and improve its performance. This initial process will take no more than 14
calendar days, unless the parties agree otherwise.
If discussions between the parties' representatives do not resolve the issue,
then the County Judge, or County Administrator from Collin County and the
Mayor, City Manager, from the City of Wylie will meet in person to discuss and
try to resolve the issue. This process will take no more than 5 business days,
unless the parties agree otherwise.
3
Prerequisites to Filing for ADR or a Lawsuit
Neither party may file a claim or lawsuit in any forum before (i) the parties are
finished using the cooperation procedures set forth above.
By entering into this Agreement, the parties do not intend to create any
obligations, express or implied, other than those specifically set out in this
Agreement.
By signing this agreement, no party waives any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental
powers and functions.
Nothing in this Agreement shall create any rights or obligations as to any party
who is not a signatory to this Agreement.
A party will not assign its rights or obligations under this agreement, in whole or
in part, to another person or entity without first obtaining the other party's
written consent.
COLLIN COUNTY, TEXAS
Date: By:
Title: County Judge
CITY OF WYLIE
Date: By:
Title:
4