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HomeMy WebLinkAboutR-2166-5-03RESOLUTION NO. 2166-5-03(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT AMONG THE CITIES OF ALLEN, FRISCO AND PLANO FOR SERVICES AND FUNDING FOR A COLLIN COUNTY CULTURAL ARTS FACILITY; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and, WHEREAS, the City Council has been presented a proposed Interlocal Agreement among the Cities of Allen, Frisco and Plano for services and funding for a Collin County Cultural Arts Facility, a copy of which is attached and incorporated herein by reference (hereinafter called "Agreement'); and, WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions of the Agreement should be approved, and that the City Manager should be authorized to execute the Agreement on behalf of the City of Allen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: ' SECTION 1. The City Manager is hereby authorized to execute the attached hiterlocal Agreement for services and funding for a Collin County Cultural Arts Facility; and, SECTION 2. This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so resolved. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 13"r DAY OF MAY, 2003. APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. Geo RMC, CITY S TARY RiTERLOCAL AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO AND PLANO CONCERNING SERVICES AND FUNDING FOR A COLLIN COUNTY CULTURAL ARTS DISTRICT WHEREAS, the Cities of Allen, Frisco and Plano, Texas, (the "Cities") desire to pool their resources to design and build a Collin County Cultural Arts District ("CCCAD") as a venue for the performing arts; and WHEREAS, the Cities desire to enter into an agreement (the "Agreement") to establish their respective duties; and WHEREAS, a steering committee (the "Committee") comprised of members appointed by the Cities will be responsible for retaining one or more consultants and taking such other action as is necessary toward designing and building the CCCAD; and WHEREAS, the Cities have current revenues available to satisfy their share of the fees and/or expenses incurred pursuant to this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the Cities of Allen, Frisco and Plano and for the mutual consideration stated herein. ARTICLE I. The City of Allen, under the supervision and direction of this Committee, shall seek proposals and enter into an agreement for professional services with one or more consultants for the purpose of selecting a site and starting the project design for shared cultural facilities. ARTICLE H. The Committee shall be comprised of one appointee from each of the member Cities. The Committee will start to implement the vision and development program submitted to the Cities in August 2002. All Committee actions shall be by majority vote. ARTICLE III. The Cities agree to each contribute SEVENTY THOUSAND AND 001100 DOLLARS ($70,000) into a fund to be administered by the City of Allen. The cities also agree to transfer to the City of Allen all unexpended funds ($37,494.67) previously granted in support of the Arts of Collin County and currently administered by the City of Plano. This $70,000 request is part of the $177,125 requested by the Committee in 2002 and included in each city's financial plan for the 2002-03 year. These funds shall be used by Allen to pay for consultant services and other related expenses as determined by the Committee. No funds shall be expended for services or products which could not lawfully be paid for by any of the Cities. Total cost under this Agreement shall not exceed TWO HUNDRED FORTY SEVEN THOUSAND, FOUR HUNDRED NINETY - INTERLOCAL AGREEMENT Page 1 POUR AND 67/100 DOLLARS ($247,494.67) without the prior approval of all parties to this Agreement. ARTICLE IV. 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 V. 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 performed in Collin and Denton Counties, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VI. 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 VII. This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by all parties. ARTICLE VIII. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. No party will assign or transfer an interest in this Agreement without the written consent of the other parties. ARTICLE IX. It is expressly understood and agreed that, in the execution of this Agreement, the parties do not waive, nor shall they be deemed hereby to have waived any immunity or defense that would otherwise be available to them 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. INTERLOCAL AGREEMENT Page 2 ARTICLE X. This Agreement shall be effective upon execution by the parties and shall continue in effect annually until final completion of the consultant's contract. This Agreement shall automatically renew annually during this period. CITY OF ALLEN, TEXAS, a home -rule municipal corporation By, �. PETER S City Mana APPROVED AS TO FORM: 2161 Pete Smith, City Attorney CITY OF FRISCO, TEXAS, a home -rule municipal corporation By: ia�.-H GEOR PUREF Y City Manager APPROVED /AS�TOFORM: �-sz/ C Richard Abernathy, City Attorney CITY OF PLANO, TEXAS, a home -rule municipal corporation By: AACH04a.L� 02 THOMAS H. MUEENBECK CityManager APPROVED AS TO FORM: Diane C. Wetherbee, City Attorney INTERLOCAL AGREEMENT Page 3 ACENOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the �3 day of 2003, by PETER VARGAS, City Manager, of the CITY OF ALLEN, TEXAS aQlome- rule municipal corporation, on behalf of -said corporation. KAY DR v. Notary Public Public State of Tams i` my Comm EXP. 09.153004 STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowl 2003, by GEORGE PUREFOY, Ci' home-mle municipal corporation, on CUIGLEY a • •o-5 Notary Public, ahta of Texas 3a a fdy Commssion Expires yfe,�M. July I5, 2000 STATE OF TEXAS �Gg4lL� Notary Public, 9 tate of Texas before me on the is day of Lager, of the CITY OF FRISCO, TEXAS a COUNTY OF COLLIN ) Q This instrument was acknowledged before me on the 0 day of 2003, by THOMAS S. MUEHLENBECK, City Manager, of the CITY OF PL O, TEXAS a home -Wile municipal corporation, on behalf of said corporation. BARBARA NEWELL Notary Public. State of Texas MY Commission Emires comber 07, 2003 otary Public, State of Texas INTERLOCAL AGREEMENT Page 4 CITY OF FRISCO, TEXAS RESOLUTION NO. D3 -D a -Eqz A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO AND PLANO CONCERNING SERVICES AND FUNDING FOR A COLLIN COUNTY CULTURAL ARTS DISTRICT; RESOLVING OTHER MATTERS RELATING TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cities of Allen, Frisco and Plano, Texas (the "Cities') desire to pool their resources to design and build a Collin County Cultural Arts District (CCCAD) as a venue for the performing arts; and WHEREAS, the Cities desire to enter into an agreement (the "Agreement's to establish their respective duties; and WHEREAS, a steering committee (the "Committee) comprised of members appointed by the Cities will be responsible for retaining one or more consultants and talring such other action as is necessary toward designing and building the CCCAD; and WHEREAS, the Cities have current revenues available to satisfy their share of the fees and/or expenses incurred pursuant to this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THIS CITY OF FRISCO, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Council hereby authorizes the City Manager to execute the Interlocal Agreement between the Cities of Allen, Frisco and Plano and expend $70,000 out ofthe current funding appropriated for this project towards the next phase of the project. In addition, the Council authorizes the transfer of any unexpended funds in Fiscal Year 2002, currently held by the City of Plano to be transferred to the City of Allen to be expended on this next phase of the project. Section 3. That this resolution is effective on the date of passage by the City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE C= OF FRISCO, TEXAS, on this 15th day of April, 2003. ATTEST: Texas \\friec02\ACCtq shred\Arte District\reso1-2003 CITY OF FRISCO, TEXAS RESOLUTION NO. Q3 -D a "$q/Z. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRESCO, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO AND PLANO CONCERNING SERVICES AND FUNDING FOR A COLLIN COUNTY CULTURAL ARTS DISTRICT; RESOLVING OTHER MATTERS RELATING TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cities of Allen, Frisco and Plano, Texas (the "Cities') desire to pool their resources to design and build a Collin County Cultural Arts District (CCCAD) as a venue for the Performing arts; and , WHEREAS, the Cities desire to enter into an agreement (the"Agreement') to establish their respective duties; and WHEREAS, a steering committee (the "Committee') comprised of members appointed by the Cities will be responsible for retaining one or more consultants and taking such other action as is necessary toward designing and building the CCCAD; and WHEREAS, the Cities have current revenues available to satisfy their share of the fees and/or expenses incurred pursuant to this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS: Section 1. That all matters stated in the preamble ofthis resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Council hereby authorizes the City Manager to execute the Interlocal Agreement between the Cities of Allen, Frisco and Plano and expend $70,000 out of the current funding appropriated for this project towards the next phase of the project. In addition, the Council authorizes the transfer of any unexpended funds in Fiscal Year 2002, currently held by the City of Plano to be transferred to the City of Allen to be expended on this next phase of the project. Section 3. That this resolution is effective on the date of passage by the City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FRISCO, r TEXAS, on this 15th day of April, 2003. ATTEST: \\£ris=2\Aectg Shared\Arts District\res......3 „ILA,aac INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO AND PLANO CONCERNING SERVICES AND FUNDING FOR A COLLIN COUNTY CULTURAL ARTS DISTRICT WHEREAS, the Cities of Allen, Frisco and Plano, Texas, (the "Cites") desire to pool their resources to design and build a Collin County Cultural Arts District ("CCCAD") as a venue for the performing arts; and WHEREAS, the Cities desire to enter into an agreement (the "Agreement") to establish their respective duties; and WHEREAS, a steering committee (the "Committee") comprised of members appointed by the Cities will be responsible for retaining one or more consultants and taking such other action as is necessary toward designing and building the CCCAD; and WHEREAS, the Cities have current revenues available to satisfy their share of the fees and/or expenses incurred pursuant to this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the Cities of Allen, Frisco and Plano and for the mutual consideration stated herein. ARTICLE I. The City of Allen, under the supervision and direction of this Committee, shall seek proposals and enter into an agreement for professional services with one or more consultants for the purpose of selecting a site and starting the project design for shared cultural facilities. ARTICLE H. The Committee shall be comprised of one appointee from each of the member Cities. The Committee will start to implement the vision and development program submitted to the Cities in August 2002. All Committee actions shall be by majority vote. ARTICLE IH, The Cities agree to each contribute SEVENTY THOUSAND AND 00/100 DOLLARS ($70,000) into a fund to be administered by the City of Allen. The cities also agree to transfer to the City of Allen all unexpended funds ($37,494.67) previously granted in support of the Arts of Collin County and currently administered by the City of Plano. This $70,000 request is pan of the $177,125 requested by the Committee in 2002 and included in each city's financial plan for the 2002-03 year. These funds shall be used by Allen to pay for consultant services and other related expenses as determined by the Committee. No funds shall be expended for services or products which could not lawfully be paid for by any of the Cities. Total cost under this Agreement shall not exceed TWO HUNDRED FORTY SEVEN THOUSAND, FOUR HUNDRED NINETY - INTERLOCAL AGREEMENT Page I FOUR AND 67/100 DOLLARS ($247,494.67) without the prior approval of all parties to this Agreement. ARTICLE IV. 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 V. 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 performed in Collin and Denton Counties, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VI. 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 VII. This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by all parties. ARTICLE VIII. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. No party will assign or transfer an interest in this Agreement without the written consent of the other parties. ARTICLE IX. It is expressly understood and agreed that, in the execution of this Agreement, the parties do not waive, nor shall they be deemed hereby to have waived any immunity or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the patties 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. INTERLOCAL AGREEMENT page 2 ARTICLE X. This Agreement shall be effective upon execution by the patties and shall continue in effect annually until final completion of the consultant's contract This Agreement shall automatically renew annually during this period. CITY OF ALLEN, TEXAS, a home -rule municipal corporation PETER S City Mana APPROVED AS TO FORM: Pete Smith, City Attorney CITY OF FRISCO, TEXAS, a home-nde municipal corporation By: Cas..-rn�wv7c+� GEOR BUREF Y City Manager APPROVED AS TO FORM: ��c Richard Abernathy, City Attorney CITY OF PLANO, TEXAS, a home -rule municipal corporation By: THOMAS H. MUEHLENBECK CityManager APPROVED AS TO FORM: Diane C. Wetherbee, City Attorney INTERLOCAL AGREEMENT Page; ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the Wdday Of 2003, by PETER VARGAS, City Manager, of the CITY OF ALLEN, TE tale municipal corporation, on behalf of -said Corporation. "h� KAV ORESCHER No DR SCC ` MM Exlffi-1 •he. FAQ My Comm. Exp. O6�1fi-2001 STATE OF TEXAS COUNTY OF COLLIN Notary Public, state of Texas This instrument was acknowledged before me on the 0day of Y 2003, by GEORGE PUREFOY, City Manager, of the CITY OF FRISCO home-mle municipal corporation, on behalf oAsaid corporation. _ DEANNA KAY GUIGLEY ,a1 "b NOWry Pu01ic. 51..6 of Taus My Commission Expires July 15, 2006 STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 2003, by THOMAS S. MUEHLENBECY, City Manager, of the CITY OF PLANO, TEXAS a home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas INTERLOCAL AGREEMENT Page 4