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R-2815-4-09RESOLUTION NO. 2815-4-09(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE SALE OR DISPOSAL OF AN ASSET WHOSE VALUE EXCEEDS FIFTY THOUSAND DOLLARS ($50,000) BY THE DEDICATION AND CONVEYANCE OF PROPERTY TO NORTH TEXAS MUNICIPAL WATER DISTRICT, AS ADOPTED IN THE AGREEMENT BY AND BETWEEN THE CITY OF ALLEN TEXAS, THE CITY OF FRISCO TEXAS AND THE CITY OF PLANO TEXAS, PERTAINING TO THE CREATION OF A PERFORMANCE ARTS CENTER IN COLLIN COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a regularly scheduled meeting of the Arts of Collin County Commission, Inc., (hereafter ACC), with a quorum in attendance, the ACC reviewed and approved the dedication and conveyance of property to North Texas Municipal Water District (NTMWD) an asset as set forth in ACC Resolution No 46- 3-09, attached hereto; and, WHEREAS, the city of Allen is one of the owners of the ACC, and in accordance with the terms and conditions of the agreement entered into by and between the Cities of Allen, Frisco, and Plano in 2004, each city must approve of any disposal of an asset that exceeds $50,000 in value; and, WHEREAS, the City Council of the City of Allen finds that the asset proposed to be dedicated by the ACC is at least $50,000 in value and the City approves of the action of the ACC and finds that the dedication is in the best interest of the ACC and will improve use of the ACC property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The recitals set forth above are true and correct and are adopted herein verbatim as if fully set forth at length. SECTION 2. The City Council of the City of Allen approves of the dedication and conveyance of property for the construction and maintenance of utilities as set forth in Arts of Collin County Commission Resolution 46-3-09 to North Texas Municipal Water District. SECTION 3. The City Council of paragraph, subdivision, clause, phrase or section of this Resolution be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part of provisions thereof other than the part so decided to be invalid, illegal or unconstitutional. SECTION 4. The Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14'" DAY OF APRIL 2009. APPROVED: TESStephen Terrell, MAYOR ATTEST: n � Shelley eley B. G-� Te , C/lS�R