03-12 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 03-12
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE
TOWN OF PROSPER, TEXAS, TO EXECUTE A CHAPTER 380
PARTNERSHIP AGREEMENT BETWEEN THE TOWN OF PROSPER,
TEXAS AND GO-CRETE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a Chapter 380
Agreement between the Town of Prosper, Texas, and Go-Crete, a copy of which is
attached hereto as Exhibit "A" and incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 18th day of March, 2003.
.___ /
J. Dunmire, Mayor
ATTEST TO:
:, 44Via
mber Phillips
Town Secretary
CHAPTER 380 PARTNERSHIP AGREEMENT
(Go-Crete)
This Chapter 380 Partnership Agreement (the "Agreement") is made and entered into as
of this 2nd day of April, 2003, by and between the Town of Prosper, Texas (the "Town") and
Go-Crete, a Texas Corporation ("Go-Crete") and on the terms and conditions hereinafter set
forth.
WHEREAS, Go-Crete owns approximately 10.15 acres, more or less, in the
extraterritorial jurisdiction of the Town, Collin County, Texas (hereinafter defined as the
"Property");
WHEREAS, Go-Crete operates a concrete batch plant on the Property; and
WHEREAS, Go-Crete, by entering into this Agreement, desires to annex the Property,
batch plant and other improvements into the Town's corporate limits for the purpose of operating
the batch plant in the Town, as opposed to another location; and
WHEREAS, the operation of the batch plant and construction of future improvements on
the Property (the "Program") will result in economic development, thereby increasing tax
revenue received by the Town and other local governmental entities; and
WHEREAS, Go-Crete anticipates the Program to generate between, approximately,
$400,000.00 and $600,000.00 per year in tax revenue for the Town; and
WHEREAS, the Town, by entering into this Agreement, desires to promote local
economic development and stimulate business and commercial activity in the Town; and
WHEREAS, the Town, by entering into this Agreement, desires to offer Go-Crete
incentives for operation of the Program in the Town; and
WHEREAS, Chapter 380 of the Texas Local Government Code provides that Texas
municipalities may create programs to promote local economic development; and
WHEREAS, the Town wishes to partner with Co-Crete and provide incentives to Go-
Crete to assist in the economic development of the Town; and
WHEREAS, the Town has investigated, determined and hereby finds that this
Agreement clearly promotes economic development in the Town and, as such, meets the
requisites under Chapter 380 of the Texas Local Government Code and further, is in the best
interests of the Town and Go-Crete.
NOW, THEREFORE, in consideration of the mutual benefits and premises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Town and Go-Crete agree as follows:
CHAPTER 380 PARTNERSHIP AGREEMENT(Go-Crete)—Page 1
1. Land Subject to Agreement. The land that is the subject of this Agreement is
10.15 acres of land, more or less, situated in the Collin County School Land Survey, Abstract
No. 147, Collin County, Texas, including the batch plant and other improvements located
thereon, whether existing now or in the future, as more particularly described in Exhibit "A",
attached hereto and incorporated herein for all purposes (the"Property").
2. Annexation. On or before April 8, 2003, Go-Crete will, in accordance with
applicable law, file a voluntary petition for annexation of the Property with the Town. Go-Crete
will take all necessary action to assist the Town in successfully completing the annexation
process.
3. Program. Go-Crete agrees to, in good faith and in accordance with industry
standards, operate the batch plant in such a manner so as to generate between, approximately,
$400,000.00 and $600,000.00 per year in tax revenue for the Town. Go-Crete further agrees to
construct any future improvements on the Property in accordance with the Town's ordinances
and regulations, as they currently exist or may be amended.
4. Program Incentives.
(a) Water Impact Fees. Subject to compliance by Go-Crete with the terms and
conditions of this Agreement, the Town will waive one hundred percent (100%) of the water
impact fees due on the Property.
(b) Ad Valorem Taxes. Subject to compliance by Go-Crete with the terms and
conditions of this Agreement and in accordance with the terms of this Agreement and all
applicable federal, state and local laws, the Town will reimburse Go-Crete annually the ad
valorem taxes owed the Town on the Property for the following years:
2002 one hundred percent (100%) of the ad valorem taxes owed and paid by
Go-Crete;
2003 one hundred percent (100%) of the ad valorem taxes owed and paid by
Go-Crete;
2004 one hundred percent (100%) of the ad valorem taxes owed and paid by
Go-Crete;
2005 fifty percent (50%) of the ad valorem taxes owed and paid by Go-Crete;
and
2006 twenty-five percent (25%) of the ad valorem taxes owed and paid by Go-
Crete
The reimbursement payments are due Go-Crete on or before the later of(i) the thirtieth (30th)
day following the day the Town receives written notice from Go-Crete that such ad valorem
taxes have been paid, or (ii) the first February 28th following the day the Town receives written
notice from Go-Crete that such ad valorem taxes have been paid. Each written notice from Go-
Crete to the Town that the relevant ad valorem taxes have been paid shall include evidence of
such payment.
CHAPTER 380 PARTNERSHIP AGREEMENT(Go-Crete)—Page 2
5. Sanitary Sewer. When the Town is capable of providing sanitary sewer to the
Property, Go-Crete shall tie on to the Town's sanitary sewer system within sixty(60) days of the
Town notifying Go-Crete of its ability to service the Property with sanitary sewer. Go-Crete
shall pay any and all costs and expenses associated with tying on to the Town's sanitary sewer
system, including but not limited to impact fees.
6. Water Meter. Go-Crete will pay any and all costs for the materials and equipment
required to tap into the Town's water system, and the Town will provide, at no cost to Go-Crete,
the labor required to install the meter and tap into the Town's water system. The Town will
commence the installation of the water meter and tap the Property into the Town's water system
within thirty (30) days of receiving notice from Go-Crete that it has purchased all necessary
materials and equipment as provided herein.
7. Default.
(a) If Go-Crete breaches any of the terms of this Agreement, then Go-Crete shall be
in default of this Agreement (an "Event of Default"). If an Event of Default occurs, the Town
shall give Go-Crete written notice of such Event of Default and if Go-Crete has not cured such
Event of Default within thirty (30) days of said written notice, this Agreement is terminated. In
addition to any other remedies available the Town, at law or equity, the Town shall be entitled to
reimbursement for the fees waived and/or ad valorem taxes reimbursed as described in Sections
4(a-b) above, plus interest as specified in this Agreement. Notwithstanding anything to the
contrary contained herein, any payments due by Go-Crete to the Town or by the Town to Go-
Crete which are not timely shall incur interest at the statutory interest rate, provided that the
Town shall not incur any interest until the 5th day following receipt of the second notice from
Go-Crete of such failure to pay, with the second notice being sent at least five (5) days following
the receipt by the Town of the first notice from Go-Crete of such failure to pay.
(b) In the event of a default by Town, Go-Crete's sole and specific remedy is specific
performance, including any interest charges described in clause(a) above.
(c) Town shall have the right to attach a lien (which would be second to any
acquisition and/or construction-related debt) on all or a portion of the Property that constitutes
part of the Program in order to secure Go-Crete's liability as a result of an Event of Default by
Go-Crete, and in that regard, Go-Crete shall do or cause to be done all such further acts, and
execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, all such
further documents and acts as the Town reasonably require to attach such lien.
8. Limitations of Agreement. The parties hereto acknowledge this Agreement is
limited to water impact fees created by the Town's Impact Fee Ordinance No. 95-01, as
amended by Ordinance Nos. 01-24 and 02-19, as they currently exist or may be amended.
The Town's ordinances covering wastewater impact fees, thoroughfare impact fees, property
taxes, utility rates and the like are not affected by this Agreement. Further, this Agreement
does not waive or limit any of the obligations of Go-Crete to the Town under any other
ordinance, whether now existing or in the future arising.
CHAPTER 380 PARTNERSHIP AGREEMENT(Go-Crete)—Page 3
9. Notice. Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered, whether or not actually received, when deposited in the United States
Mail, postage pre-paid, certified mail, return receipt requested, addressed to either party, as the
case may be, at the addresses contained below:
Town: Town of Prosper
Attn: Town Administrator
P.O. Box 307
Prosper, Texas 75078
Go-Crete: Go-Crete
Attn: David Behring or Carol Dunn
P. O. Box 888
Desoto, Texas 75123
10. Miscellaneous.
(a) Assignment. This Agreement is not assignable without the prior written
consent of Town.
(b) Compliance with Ordinances. Except as provided for in the Agreement,
the parties agree that Go-Crete shall be subject to all ordinances of Town.
(c) Entire Agreement. This Agreement contains the entire agreement of the
parties with respect to the matters contained herein and may not be modified or terminated
except upon the mutual written agreement of the parties hereto.
(d) Venue. This Agreement shall be construed in accordance with the laws of
the State of Texas and shall be performable in Colin County, Texas.
(e) Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
(f) Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
(g) Authority to Execute. The individuals executing this Agreement on behalf
of the respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this Agreement to
do so for and on behalf of the party for which his or her signature appears, that there are no other
parties or entities required to execute this Agreement in order for the same to be an authorized
and binding agreement on the party for whom the individual is signing this Agreement and that
each individual affixing his or her signature hereto is authorized to do so, and such authorization
is valid and effective on the date hereof.
CHAPTER 380 PARTNERSHIP AGREEMENT(Go-Crete)—Page 4
(h) Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, legal
representatives, successors and assigns.
(i) Savings/Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect nay other provision thereof,
and this Agreement shall be construed as if such invalid illegal or unenforceable provision had
never been contained herein.
(j) Representations. Each signatory represents this Agreement has been read
by the party for which this Agreement is executed and that such party has had an opportunity to
confer with its counsel.
(k) Sovereign Immunity. The parties agree that the Town has not waived its
sovereign immunity by entering into and performing their respective obligations under this
Agreement.
(1) Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning and any presumption or principle that the
language herein is to be construed against any party shall not apply. Headings in this Agreement
are for the convenience of the parties and are not intended to be used in construing this document
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
TOWN OF PROSP R, TEXAS
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B v�lrt...-
James unmire, Mayor
ATTEST:
own Secretary
CHAPTER 380 PARTNERSHIP AGREEMENT(Go-Crete)—Page 5
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By: \ UN-►�C
Name: bAVIv $- Ekitir�G
Title: CCO
STATE OF TEXAS
COUNTY OF COUNTY *
BEFORE ME, the undersigned authority, on this day personally appeared
Jj Dun mj('E? known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the TOWN OF PROSPER, TEXAS, and he/she executed said instrument for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this [g day of
41(11101 2003.
;:fig' " JENNIFER D.FINLEY •ry rublic in and for th
*: I MY COMMISSION EXPIRES State of Texas
=?;,a ,fir° September 21,2006
" My Commission Expires:
ogai -ap
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared
1q Pi • 3e-4/24 E,r. , known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for GO-CRETE, a Texas COa-eo , and he/she executed said
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z )' day of
AOa 2003.
, 9
[,tilt.Eu L,- � /
N tary Public in an or e
7611)1/4 PAULINE LOWREY State of Texas
?'? MY COMMISSION EXPIRES
Sansernber 17,2003 My Commission Expires:
• �
CHAPTER 380 PARTNERSHIP AGREEMENT(Go-Crete)—Page 6
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Ex H ' e r r ,.f M
All that certain tract or parcel of land lying and being situated in Collin County, Texas,
a part of the Collin County School Land Survey, Abstract No. 147, and being out of and a
part of a called 80 acre tract described in a Deed to James Ross Perkins of record in
Volume 1051, Page 526 of the Deed Records of Collin County, said tract or parcel of land
is herein described as follows; to wit:
COMMENCING at a 60D nail found in the center of County Road Nc. 27 for the Southeast
corner of said called 80 acre tract;
THENCE North 00 deg. 49 min. 48 sec. East 751.95 feet to a point in said road for the most
Easterly Northeast corner of a 9.50 acre tract described in a Deed to Pioneer Concrete of
Texas, as recorded under Collin County Clerk's File No. 97-0097032, said corner being the
Southeast corner and PLACE OF BEGINNING of the premises hereinafter described;
THENCE North 89 deg. 28 min. 40 sec. West at 40.00 feet passing an one-half inch iron rod
found in the West margin of said Roadway and in all a total distance of 800.47 feet to an
one-half inch iron rod found at a re-entrant corner of said 9.50 acre tract for a corner
hereof-;
THENCE North 00 deg. 33 min. 39 sec. East 551.50 feet to an one-half inch iron rod found
at the most Northerly Northeast corner of said 9.50 acre tract for a corner thereof;
THENCE South 89 deg. 28 min. 40 sec. East 803.06 feet to a point in said Roadway on the
East line of said called 80 acre tract, an one-half inch iron rod set in the West margin
of said Roadway bears North 89 deg. 28 min. 40 sec. West 40.00 feet;
THENCE South 00 deg. 49 min. 48 sec. West a distance of 351.51 feet to the PLACE CF
BEGINNING and containing 10.15 acres of land.
•
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3PLmT TZFEEI ' S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes
and says that he is the Publisher of The McKinney Courier-Gazette and that said newspaper meets the requirements of
Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit:
Printer's Fee $ I/
1 O
o. a - / 2- Description: • &'O ALA-7-7A- L-ad--z/--) ,- --rz-,-1-71-eA-}1-
iLelc.{,W-vL- 3-62--r-UX..) 10 iet-1-9---",—i 7 't---e, 1J/) —
To be published in the ,
1. It devotes not less than twenty-fivepercent (25U) of its McKinney,M MaCorch
on
Y Friday,March 21,2003.
total column lineage to general interest items;
LEGAL NOTICE
TOWN OF
2. it is published at least once each week; PROSPER,TEXAS
RESOLUTION NO.03-12
3. it is entered as second-class postal matter in the county A RESOLUTION OF THE
TOWN COUNCIL OF THE
where it is published; TOWN OF PROSPER,
TEXAS, HEREBY
AUTHORIZING THE MAYOR
4. it has been published regularly and continuously since OF THE TOWN OF
1897; and PROSPER, TEXAS, TO
EXECUTE A CHAPTER 380
PARTNERSHIP AGREEMENT
5. it is generallycirculated within Collin County. BETWEEN THE TOWN OF
PROSPER,TEXAS AND GO
CRETE.
Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s)
to wit;
C /2.-/!• ,/-&--tg- Li J
, 2003 AD
Jim Moser
Editor and Publisher
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
a) is personally known to me, or
b) provided the followingol evidencenc to establish his/her identity,
on this the , CI day of J 2' )a z -ice , A.D. 2003 to certify which witness my hand nd seal of office.
(->e-&/-4A-CY
Notary Public, State of Texas
(SEAL)
COMMISSION EXPIRES
LAVERNE GRAVES
��► Notary Public,State of Texas
`�,=,P My Commission Expires
05-12.2005