12-78 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 12 -78
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
INTERLOCAL AGREEMENT FOR CONSTRUCTION OF PECAN
GROVE TRAIL CONNECTION BETWEEN COLLIN COUNTY AND THE
TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Interlocal Agreement for construction of Pecan Grove Trail Connection between Collin
County and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 27th day of November, 2012.
Ray Smith, M yor
ATTEST TO:
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INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY
AND THE
TOWN OF PROSPER
WHEREAS, the County of Collin, Texas ( "County ") and the Town of Prosper ( "Town ")
desire to enter into an Agreement concerning the construction of the Pecan Grove Park
Trail Connection in the Town of Prosper, 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 Town and County have determined that the trail construction may be
accomplished most economically by implementing this Agreement; and
WHEREAS, the Town 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;
NOW, THEREFORE, this Agreement is made and entered into by the County and the
Town upon and for the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The Town shall arrange for construction of the Pecan Grove Park Trail
Connection, hereinafter called the "Project ". The Project shall consist of the items
described in Exhibit "A ".
ARTICLE II.
The Town shall develop plans in accordance with all state statutory requirements.
The Town 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 Town will not expend assistance funds to acquire easements or real property
for use as right -of -way.
ARTICLE IV.
The Town estimates the total actual cost of the project to be $70,000.00. The
County agrees to fund a portion of the total cost for items described in Exhibit "A" in an
amount not to exceed $35,000.00. The County shall reimburse the Town for invoices
paid by the Town 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 $35,000.00 as
indicated in Article IV above. The Town shall be responsible for any costs, which exceed
the total estimated project cost.
ARTICLE VI.
The Town shall install a project sign identifying the project as being partially
funded by the Collin County 2007 Parks and Open Space Bond Program. The Town 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 Town 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 Town 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
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.
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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 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.
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.
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APPROVED AS TO FORM:
By:_
Name:
Title:
Date:
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COU Y OV tOI "LIN, XAS
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Name: Keith Self
Title: ounty Judge
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Executed on this day of ,
20 _, by the County of Collin,
pursuant to Commissioners' Court
Order No.
TOWN PF PR1JSPER
By :_ - �� 7
Name
Title: (nail e
Date: 0/20/0-
Executed on behalf of the Town of
Prosper pursuant to Town Council
Resolution No. / Z. -� S
EXHIBIT "A"
The County will provide funding assistance for the following:
0 Concrete trail construction
Total funding
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 bcollincountytexas.gov
$35,000.00
Proiect Manazer Contact: (must be able to answer specific questions regarding project)
Name:
Address:
Phone:
Fax:
Email:
5
COURT ORDER NO. 2013- CO2 -01 -07
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Interlocal Agreement, Town of Prosper — Special Projects
On January 7, 2013, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Keith Self
County Judge, Presiding
Matt Shaheen
Commissioner, Precinct 1
Cheryl Williams
Commissioner, Precinct 2
Chris Hill
Commissioner, Precinct 3
Duncan Webb
Commissioner, Precinct 4
During such session the court considered a request for approval of an Interlocal Agreement
with the Town of Prosper.
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval of an Interlocal Agreement with the Town of Prosper for funding through the 3 I
Series — 2007 Parks /Open Space Project Funding Assistance Program (Bond Project No.
07PG45) for the construction of the Pecan Grove Park Trail Connection and further authorize
the County Judge to finalize and execute same. Same is hereby approved as per the
attached documentation.
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ATTEST:
ey Ke , Ex- ici ler
Commisrsioners Court
Collin County, T E X A S
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my Judge
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COLLIN COUNTY
January 24, 2013
Town of Prosper
Wade Harden
PO Box 307
Prosper, Texas 75078
RE: Executed Interlocal Agreement with Collin County for
Pecan Grove Park Trail / Trailhead
Special Projects
825 N. McDonald St., Ste. 145
McKinney, Texas 75069
972 - 548 -3744
www.collincountytx.gov
Enclosed are an executed original of the Interlocal Agreement and a photocopy of the Collin
County Court Order for your records.
We look forward to hearing from you as the Project develops and comes to fruition. As part
of this Agreement the following section necessitate action from the City:
1. Install a project sign (Article VI);
2. Provide before, during and after photos;
3. Provide quarterly progress reports with the first due March 30, 2013 (Article VI);
4. Upon completion of project provide an itemized final accounting of expenditures
(Article VI).
Should you have any questions please phone or email (contact info located on Exhibit A).
Best regards,
Teresa Nelson
Enclosures
cc: County Project File