05-91 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 05-91
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY
AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE TOWN OF PROSPER AND THE PROSPER INDEPENDENT SCHOOL
DISTRICT REGARDING LIBRARY SERVICES.
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, an interlocal agreement between the Town of Prosper
and the Prosper Independent School District regarding library services.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2005.
arles Niswanger, Mayor-
ATTEST TO:
anae Jennings wn Secretary
INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS,
AND THE PROSPER INDEPENDENT SCHOOL DISTRICT
This Agreement (the "Agreement") is made and entered into as of this :6, day of January,
2006, by and between the Town of Prosper, Texas, a general law municipality ("Town") and the
Prosper Independent School District("PISD"), on the terms and conditions hereinafter set forth.
WHEREAS the Town and the PISD enter and engage into this Agreement under the general
provisions of the Interlocal Cooperation Act,Texas Government Code Chapter 791;
WHEREAS the Town does not own or operate a library for public use;
WHEREAS the PISD owns school facilities which currently house PISD library facilities;
WHEREAS the Prosper Town Council ("Town Council")has a legitimate interest in providing
a public library for the citizens of Prosper, Texas. Many of the Town's citizens have children enrolled
in PISD schools and they, their children, and those citizens without children in the district's schools
will be able to reap the educational benefits and recreational enjoyment that access to a public library
will provide. Additionally, the Town will conserve public resources by contracting with the PISD; and
WHEREAS the Town Council hereby finds that a legitimate public purpose shall be served in the
expenditure the subject of this agreement and in making the public library available to residents of the
Town.
NOW, THEREFORE, in consideration of the promises, covenants and agreements set forth in
this Agreement, the receipt of which are hereby acknowledged, the Town and the PISD, agree as
follows:
1. Use and Operation of the Library. The PISD agrees to operate a library for public use at 300
Eagle Lane in Prosper,Texas in accordance with the following schedule:
Monday and Wednesday 8:15 a.m.—3:40 p.m.
Tuesday and Thursday 8:15 a.m.—8:00 p.m.
Friday 8:15 a.m.—3:30 p.m.
Saturday 9:00 a.m.— 1:00 p.m.
Sunday Closed
The PISD will be solely responsible for staffing the library, for the facility, insurance and the
maintenance of the building, and for setting the policies that govern the schedule,programs and
the materials for the library.
2. Library Board. The PISD agrees that the library board will include one member of the Town
staff or Town Council. Such member shall be appointed by the Town Council.
3. Duration of the Agreement. The duration of the agreement is from January 1, 2006 through
December 31, 2006. Upon written request by the Town,the agreement may be extended on an
Interlocal Agreement Between the Town of Prosper and Prosper ISD[Library Agreement] Page 1
438795-I
annual basis. This Agreement may be terminated by either party at its sole option and without
prejudice by giving ninety(90)days written notice of termination to the other party.
4. Costs. The Town shall pay ten thousand dollars ($10,000.00) to the PISD by January 31,2006.
If this Agreement is terminated early, PISD shall return a pro-rata portion of the $10,000.00 to
Town,based upon the number of days remaining in the calendar year,within fourteen(14) days
of the effective date of termination.
5. Liability. Both parties expressly recognize that as political subdivisions they are not
responsible or liable for any misrepresentations to third parties, nor for errors or omissions,
negligence, or disputes with the third parties which through the fault of the other party may
arise during the terms of this Agreement.Nor does either party agree to indemnify the other for
such errors and omissions. Accordingly, in the event such a dispute arises, each party agrees to
bear its own cost in defending the action that may arise as a result of the dispute, including, but
not limited to attorney's fees.
6. Miscellaneous Provisions.
A. Notices. Any notice required or permitted under this Agreement shall be given when
actually delivered or when deposited in the United States mail as certified mail addressed as
follows:
To PISD: Prosper Independent School District
Superintendent
P. O. Box 100
Prosper,Texas 75078
Telephone: 972-346-3316
Facsimile: 972-346-9247
To Town: Town of Prosper
Town Administrator
P.O. Box 307
Prosper, Texas 75078
Telephone: 972-346-2640
Facsimile: 972-347-2304
B. 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 provisions hereof or by the mutual written agreement of the parties hereto.
C. Governing Law and Venue. This Agreement shall be construed in accordance with the
laws of the State of Texas and exclusive venue shall be in Collin County,Texas.
D. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the
governmental, sovereign, or official immunity afforded by law to either the Town or PISD.
Intertocai Agreement Between the Town of Prosper and Prosper ISD [Library Agreement] Page 2
438795-1
F. Non-Transferable. Neither party hereto shall sublet, transfer or assign any of its rights
hereunder to a third party.
G. Waiver of Breach. A waiver by either Town or PISD of a breach of the Agreement by the
other party does not constitute a continuing waiver or a waiver of any subsequent breach of
the Agreement.
H. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the
parties to the Agreement and their respective heirs, executors, administrators, legal
representatives, successors, and assigns when permitted by this Agreement.
I. Legal Construction. In case any one or more of the provisions contained in the Agreement
shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect
any other provision of the Agreement, and the Agreement shall be construed as if the
invalid, illegal, or unenforceable provision had never been included in the Agreement.
J. EquaI by all Parties. The Agreement shall be deemed drafted equally by all parties hereto.
The language of all parts of the 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.
K. Amendment. No amendment, modification, or alteration of the terms of the Agreement
shall be binding unless it is in writing, dated subsequent to the date of the Agreement, and
duly executed by the parties to the Agreement.
L. Force Majeure. Neither Town nor PISD shall be required to perform any term, condition,
or covenant in the Agreement so long as performance is delayed or prevented by force
majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by
any governmental authority, civil riots, floods, and any other cause not reasonably within
the control of Town or PISD and which by the exercise of due diligence Town or PISD is
unable,wholly or in part, to prevent or overcome.
M. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any
right in any third party not a signatory to this Agreement, and the Parties do not intend to
create any third party beneficiaries by entering into this Agreement.
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 PROSPER,TEXAS
By:
C 1 iswanger, r
Date: " ,,26Ja 6
Interlocal Agreement Between the Town of Prosper and Prosper ISD [Library Agreement] Page 3
43S795-I
ATT T:
•
ae Jennings,Tow ecre ary
PROSPER INDEPENDENT SCHOOL DISTRICT
By: ,� 1ti., ,PY.
Drew Watkins, Superintendent
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared Charles Niswanger, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me, that he/she is the duly authorized representative of
Town of Prosper, that he/she executed the same for the purposes and consideration therein expressed,
and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE,thisLS-]II
-day of
,lea , 2006.
Dom,,, Shame o Jennings ublic, State onn ex
irf-►- • My Commission Expires Cl 11 4/` /l r+Iria r
oc 30,2007 Notary's Printed Name: U"
My Commission Expires: /O v v -
Interlocal Agreement Between the Town of Prosper and Prosper ISD ]Library Agreement] Page 4
438795-t
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared Drew Watkins, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me, that he/she is the duly authorized representative of
Prosper Independent School District, that he/she executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this it, day of
aa — ,2006.
//jW,- -----.
j ,r,, PA v� Notary Public,State of Texas
MY COMMISSION EXPIRES PQ r e/' N/lip/a
July 17,2009 Notary's Printed Name:
'�' My Commission Expires: 7 -/7,2 0 J'
Interlocal Agreement Between the Town of Prosper and Prosper ISD[Library Agreement] Page 5
438795-I
INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS,
AND THE PROSPER INDEPENDENT SCHOOL DISTRICT
This Agreement (the "Agreement") is made and entered into as of this it-, day of January,
2006, by and between the Town of Prosper, Texas, a general law municipality ("Town") and the
Prosper Independent School District("PISD"), on the terms and conditions hereinafter set forth.
WHEREAS the Town and the PISD enter and engage into this Agreement under the general
provisions of the Interlocal Cooperation Act,Texas Government Code Chapter 791;
WHEREAS the Town does not own or operate a library for public use;
WHEREAS the PISD owns school facilities which currently house PISD library facilities;
WHEREAS the Prosper Town Council ("Town Council")has a legitimate interest in providing
a public library for the citizens of Prosper, Texas. Many of the Town's citizens have children enrolled
in PISD schools and they, their children, and those citizens without children in the district's schools
will be able to reap the educational benefits and recreational enjoyment that access to a public library
will provide. Additionally,the Town will conserve public resources by contracting with the PISD; and
WHEREAS the Town Council hereby finds that a legitimate public purpose shall be served in the
expenditure the subject of this agreement and in making the public library available to residents of the
Town.
NOW, THEREFORE, in consideration of the promises, covenants and agreements set forth in
this Agreement, the receipt of which are hereby acknowledged, the Town and the PISD, agree as
follows:
1. Use and Operation of the Library. The PISD agrees to operate a library for public use at 300
Eagle Lane in Prosper,Texas in accordance with the following schedule:
Monday and Wednesday 8:15 a.m.—3:40 p.m.
Tuesday and Thursday 8:15 a.m.—8:00 p.m.
Friday 8:15 a.m.—3:30 p.m.
Saturday 9:00 a.m.— 1:00 p.m.
Sunday Closed
The PISD will be solely responsible for staffing the library, for the facility, insurance and the
maintenance of the building, and for setting the policies that govern the schedule,programs and
the materials for the Iibrary.
2. Library board. The PISD agrees that the library board will include one member of the Town
staff or Town Council. Such member shall be appointed by the Town Council.
3. Duration of the Agreement. The duration of the agreement is from January 1, 2006 through
December 31, 2006. Upon written request by the Town,the agreement may be extended on an
Interlocal Agreement Between the Town of Prosper and Prosper ISD[Library Agreement] Page 1
438795-1
annual basis. This Agreement may be terminated by either party at its sole option and without
prejudice by giving ninety(90)days written notice of termination to the other party.
4. Costs. The Town shall pay ten thousand dollars ($10,000.00)to the PISD by January 31,2006.
If this Agreement is terminated early, PISD shall return a pro-rata portion of the$10,000.00 to
Town,based upon the number of days remaining in the calendar year,within fourteen(14)days
of the effective date of termination.
5. Liability. Both parties expressly recognize that as political subdivisions they are not
responsible or liable for any misrepresentations to third parties, nor for errors or omissions,
negligence, or disputes with the third parties which through the fault of the other party may
arise during the terms of this Agreement.Nor does either party agree to indemnify the other for
such errors and omissions. Accordingly, in the event such a dispute arises, each party agrees to
bear its own cost in defending the action that may arise as a result of the dispute, including,but
not limited to attorney's fees.
6. Miscellaneous Provisions.
A. Notices. Any notice required or permitted under this Agreement shall be given when
actually delivered or when deposited in the United States mail as certified mail addressed as
follows:
To PISD: Prosper Independent School District
Superintendent
P. O. Box 100
Prosper,Texas 75078
Telephone: 972-346-3316
Facsimile: 972-346-9247
To Town: Town of Prosper
Town Administrator
P.O. Box 307
Prosper,Texas 75078
Telephone: 972-346-2640
Facsimile: 972-347-2304
B. 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 provisions hereof or by the mutual written agreement of the parties hereto.
C. Governing Law and Venue. This Agreement shall be construed in accordance with the
laws of the State of Texas and exclusive venue shall be in Collin County,Texas.
D. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration,the sufficiency of which is forever confessed.
E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the
governmental,sovereign, or official immunity afforded by law to either the Town or PISD.
Interlocal Agreement Between the Town of Prosper and Prosper ISD'Library Agreement] Page 2
438795-I
F. Non-Transferable. Neither party hereto shall sublet, transfer or assign any of its rights
hereunder to a third party.
G. Waiver of Breach. A waiver by either Town or PISD of a breach of the Agreement by the
other party does not constitute a continuing waiver or a waiver of any subsequent breach of
the Agreement.
H. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the
parties to the Agreement and their respective heirs, executors, administrators, legal
representatives, successors, and assigns when permitted by this Agreement.
I. Legal Construction. In case any one or more of the provisions contained in the Agreement
shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect
any other provision of the Agreement, and the Agreement shall be construed as if the
invalid,illegal, or unenforceable provision had never been included in the Agreement.
J. Equal by all Parties. The Agreement shall be deemed drafted equally by all parties hereto.
The language of all parts of the 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.
K. Amendment. No amendment, modification, or alteration of the terms of the Agreement
shall be binding unless it is in writing, dated subsequent to the date of the Agreement, and
duly executed by the parties to the Agreement.
L. Force Majeure. Neither Town nor PISD shall be required to perform any term, condition,
or covenant in the Agreement so long as performance is delayed or prevented by force
majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by
any governmental authority, civil riots, floods, and any other cause not reasonably within
the control of Town or PISD and which by the exercise of due diligence Town or PISD is
unable,wholly or in part, to prevent or overcome.
M. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any
right in any third party not a signatory to this Agreement, and the Parties do not intend to
create any third party beneficiaries by entering into this Agreement.
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 PROSPER, TEXAS
By:
C}ar iswanger,
Date: �L/ c-3eJ
Interlocal Agreement Between the Town of Prosper and Prosper ISD[Library Agreement] Page 3
438795-{
ATT T:
ae Jennings,Tow ecre ary
PROSPER INDEPENDENT SCHOOL DISTRICT
i ,% -
By: M+J 'o m
-Drew Watkins, Superintendent
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared Charles Niswanger, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me, that he/she is the duly authorized representative of
Town of Prosper, that he/she executed the same for the purposes and consideration therein expressed,
and in the capacity therein stated. II
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this �,S-Vday of
l-��I�Jr1 , 2006.
Melf-
ev Shenae p Jennings N ublic,State o ex
/s`.... October 30,2007 Notary's Printed Name:
Of r
My Commission Expires: /0v v 7--
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