R-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