08-072 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 08-072
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 COOPERATIVE AGREEMENT REGARDING THE
CONSTRUCTION OF VARIOUS TURN LANES AT THE NORTHWEST
CORNER OF US HIGHWAY 380 AND FM 2478, CUSTER ROAD (FM
2478) FROM STONEBRIDGE DRIVE TO US 380 IMPROVEMENTS, BY
AND BETWEEN THE CITY OF MCKINNEY 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 Cooperative
Agreement regarding the construction of various turn lanes at the northwest corner of US
Highway 380 and FM 2478, Custer Road (FM 2478) from Stonebridge Drive to US 380
Improvements, by and between the City of McKinney and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26h day of August, 2008.
ATTEST TO:
D. Denton, TRMC
cretary
ar es iliwanger, ayor
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INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
THE CITY OF McIUNNEY AND THE TOWN OF PROPSER
CONCERNING
THE CONSTRUCTION OF VARIOUS TURNS LANES AT THE
NORTHWEST CORNER OF US HIGHWAY 380 AND FM 2478,
CUSTER ROAD (FM 2478) FROM STONEBRIDGE DRIVE
TO US 380 IMPROVEMENTS
WHEREAS, the City of McKinney, Texas ("City") and the Town of Prosper, Texas ("Town")
desire to enter into an agreement concerning the construction of improvements to Custer Road (FM
2478) in McKinney, 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 Town have determined that the improvements may be constructed most
economically by implementing this agreement,
NOW, THEREFORE, this agreement is made and entered into by the City and the Town upon and
for the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The City shall arrange with TxDOT to construct improvements to FM 2478 and US 380. The
improvements include the construction bf a left turn lane from northbound FM 2478 immediately
north of US 3 80 and the reconstruction of a left turn lane from eastbound US 380 immediately west
of FM 2478 ("Project").
ARTICLE II.
The City estimates the total actual cost of the Project to be $110,000. The Town agrees to fund all
costs associated with the construction of this Project.. The Town shall remit 100 percent of this
amount ($110,000) to the City as necessary to meet the funding schedule requirements of the Texas
Department of Transportation ("TxDOT"). The cost of the Project shall include the costs for
construction, inspection, and testing as determined by the Texas Department of Transportation
("TxDOT").
ARTICLE III.
If the total cost to construct the Project exceeds the amount estimated in Article II above, the Town
shall bear the excess costs.
ARTICLE IV.
The City shall include a copy of the Local Participation Advanced Funding Agreement between the
City of McKinney and TxDOT indicating the funds required by TxDOT for the turn lanes.
ARTICLE V.
The City and Town 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 VI.
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,
JUDGMENTS, 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 VII.
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 VIII.
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 IX.
ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and
may only be modified in a writing executed by both parties.
ARTICLE X.
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 XI.
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 than those set forth herein, and this agreement shall not create any rights in parties not
signatories hereto.
ARTICLE XH.
TERM. This agreement shall be effective upon execution by both parties and shall continue in
effect for three (3) one-year terms. This agreement shall automatically renew annually during this
three-year period.
Title: City Secretary
Date:
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CITY OF MeK' S
By:�
by Rick Chaffin, Assistant City
Name: Frank Ragan Manager and authorized signatory
Title Ci . Manager
Date: g-// . ° j
Executed on behalf of the City of McKinney
pursuant to City Council Resolution
No.
Name Mark Houser
Title: City Attorney
Date: 9 l /6
ATTEST: TOWN OF PR PER, TEXAS
By:
Name: Matthew D. Denton, TRMC Name: Mike Land
Title: Town Secretary
Date: efl° - 061f
APPROVED AS TO FORM:
By: 4t, -
Name rC E . 6W(WO
Title: Town Attorney
Date: eekw 1k Wo
Title: City Manager
Date: eF52 ir/w
Executed on behalf of the Town of Prosper
pursuant to Town Council Resolution
No. 018 - 0 9oL .
STATE OF TEXAS
COUNTY OF CO��LLINN
This instrumentwas acknowledged before me on the // day of , 2008 by
Frank Ragan, City Manager of the City of McKinney, a Texas municipal corporation, on behalf of
the corporation. .
Notary Pultic, State of Texas
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the 2-to day of S , 2008 by
Mike Land, Town Manager of the Town of Prosper, a Texas municipal corporation, on behalf of the
corporation.
+W""� PAMELA A EVANS
Notary Public, State of Texas n
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Notary Public, State of Texas