Resolution 2019-31RESOLUTION NO. 2019-31(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
WYLIE, TEXAS, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY AND COLLIN COUNTY FOR A
GRANT RELATED TO THE TWIN LAKES PARK TRAIL PROJECT,
AND TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO
EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
WHEREAS, the 2018 Collin County Bond Election established a source of funding for
park and open space development in Collin County; and
WHEREAS, Collin County has accepted the grant application submitted by the City of
Wylie, Texas, concerning development of the Twin Lakes Park Trail Project in the City of
Wylie. As a requirement of receiving the grant funds, Collin County requires the City of Wylie
to enter into the Interlocal Agreement attached hereto as Exhibit A (the "Interlocal Agreement");
and
WHEREAS, the City Council finds that the Interlocal Agreement and acceptance of the
grant funds will benefit the residents of the City of Wylie by helping to provide for additional
park and recreational facilities and open space for all such residents; and
WHEREAS, the City Council finds that the Twin Lakes Park Trail Project 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. The City Manager of the City of Wylie, Texas, or his designee, is hereby
authorized to execute, on behalf of the City of Wylie, the Interlocal Agreement, in the form
attached hereto as Exhibit A, and to take any and all other actions necessary to effectuate the
same. Should the final, executed version of the Interlocal Agreement be modified from the
version attached as Exhibit A, such final, executed version shall replace Exhibit A of this
Resolution for all purposes.
SECTION 3. A copy of this resolution shall be forwarded to the Collin County
Commissioners Court.
SECTION 4. This Resolution shall be effective immediately upon its passage.
Resolution No. 2019-31(R) Interlocal Agreement with Collin County Page 1 of 3
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 12th day of November, 2019.
ATTEST TO:
vonAio
Stephanie Storm, City Secretary
Resolution No. 2019-31(R) Interlocal Agreement with Collin County Page 2 of 3
2899250
Exhibit A
Form of Interlocal Agreement
Resolution No. 2019-31(R) Interlocal Agreement with Collin County Page 3 of 3
2899250
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 to Twin Lakes Park 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 improvement of Twin Lakes Park 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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ARTICLE III.
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 $349,520.00. The
County agrees to fund a portion of the total cost to construct improvements described in
Exhibit "A" in an amount not to exceed $60,000.00. 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 $60,000.00 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 2018 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 2018 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.
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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
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 XIII.
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.
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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 part of the operative provisions
hereof.
APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS
By: By:
Name: Name: Chris Hill
Title: Title: County Judge
Date: Date:
Executed on this day of
20 , by the County of Collin,
pursuant to Commissioners' Court
Order No.
ATTEST:
By:
Name: Stephanie Storm
Title: City Secretary
Date: November 12, 2019
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CITY OF WYLIE
By:
Name: Chris Holsted
Title: City Manager
Date: November 12, 2019
Executed on behalf of the City of
Wylie pursuant to City
Council Resolution No.2019-31(R)
EXHIBIT "A"
The County will provide funding assistance for the following:
❑ Concrete trail (Items 3 and 4)
Total funding $60,000.00
County Project Code OI18PG06
Contact Information
Request for reimbursement submitted to:
Collin County
Special Projects
Teresa Nelson
4690 Community Ave., Ste. 200
McKinney, Texas 75070
972-548-3744
Submission of electronic photos and quarterly reports:
Teresa Nelson
11,'}
Project Manager Contact: (must be able to answer specific questions regarding project)
Name:
Address:
Phone:
Fax:
Email:
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