R-2360-1-05RESOLUTION NO.2360.140MR)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT,"
DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING
FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE COLLIN
COUNTY PARKS FOUNDATION, APPROVING THE TERMS AND CONDITIONS OF
THE E47ERL40CAL AGREEMENT; AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A
SEVERABH.ITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Allen City Council desires to provide quality park facilities for the residents of Allen; and,
WHEREAS, the City of Allen is the recipient of a grant from the Collin County Park and Open Space
Funding Assistance Program for the development of a community park and desires to comply with all of the
requirements set forth in the grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Manager of the City of Allen is hereby authorized to execute the appropriate
documents approving the terms and conditions of the agreement with the Collin County Parks Foundation.
SECTION 2. Any prior Resolution of the City Council in conflict with the provisions contained in this
Resolution are hereby repealed and revoked.
SECTION 3. Should any part of this Resolution be held to be invalid for any reason, the remainder shall
not be affected thereby, and such remaining portions are hereby declared to be severable.
SECTION 4. This Resolution shall take effect immediately from and after its passage and it is so duly
resolved.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 11I m DAY OF JANUARY, 2005.
Stephen Tea�rrell, MAYOR
ATTEST:
'
Shelley , TRMC, C SECRETARYTRMC, C SECRETARY
INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY
AND THE
CITY OF ALLEN
WHEREAS, the County of Collin, Texas ("County") and the City of Allen ("City")
desire to enter into an agreement concerning the acquisition of land for a special use park
identified as Molsen Farm in the City of Allen, Collin County, Texas; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and
WHEREAS, the City and County have determined that the land acquisition may be
performed most economically by implementing this agreement and
WHEREAS, the City and the County find that this agreement will benefit the residents of
the County and provide additional park and recreational facilities and open space for
County residents; and
WHEREAS, this agreement will support or advance the mission of the Collin County
Parks and Open Space Strategic Plan;
NOW, THEREFORE, this agreement is made and entered into by the County and the
City upon and for the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The City shall arrange to purchase property identified as Molsen Farm, including
the acquisition of 13 acres of non -floodplain property hereinafter called the "Project" as
described in Exhibit "A". The City proposes to acquire an additional 39.4 acres for a
total acquisition of approximately 52.4 acres of land also described in Exhibit "A".
ARTICLE B.
The City shall acquire property in accordance with all state statutory requirements.
The City shall provide the county with a copy of executed contract(s) for the Project. The
Parks Foundation Advisory Board must approve changes to the project which alter the
initial funding request as referenced in Exhibit "A"_
ARTICLE BI.
The City will not expend assistance funds to acquire easements or real property
for use as right-of-way.
ARTICLE IV.
The City estimates the total actual cost of the entire property acquisition to be
$1,724,000.00. The County agrees to fund a portion of the total cost to acquire the
property in an amount not to exceed $500,000.00. The County shall reimburse the City
for invoices submitted by the City for cost related to the Project (refer to Exhibit "A^).
Alternative payment schedules would require Commissioners Court approval.
ARTICLE V.
Collin County's participation in this project shall not exceed $500,000.00 as
indicated in Article IV above, The City shall be responsible for any costs, which exceed
the total estimated project cost.
ARTICLE VI.
Following completion of the property acquisition, the City shall provide an
itemized final accounting of expenditures including in-kind services or donations for
the project. All projects for which the County has provided funds through its 2003 Parks
and Open Space Bond Program must remain open and accessible to all County residents.
ARTICLE VII.
The City and County agree that the party paying for the performance of
governmental functions or services shall make those payments only from current revenues
legally available to the paying party.
ARTICLE VIII.
INDEWMCATION. 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, judgements 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.
.��
VENUE. 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
performable in Collin County, Texas and that exclusive venue shall lie in Collin County,
Texas.
ARTICLE X.
SEVERABILITY. 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 XI.
ENTIRE AGREEMENT. This agreement embodies the entire agreement between
the parties and may only be modified in writing executed by both parties.
ARTICLE XII.
SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the
parties hereto, their successors, heirs, personal representatives and assigns. Neither party
will assign or transfer an interest in this agreement without the written consent of the
other party.
ARTICLE XID.
IMMUNITY. It is expressly understood and agreed that, in the execution of this
agreement, neither party waives, nor shall be deemed hereby to have waived any
immunity or defense that would otherwise be available to it 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 that those set forth herein,
and this agreement shall not create any rights in parties not signatories hereto.
ARTICLE XIV.
TERM. This agreement shall be effective upon execution by both parties and
shall continue in effect annually until final acceptance of the Project.
ARTICLE XV.
The declarations, determinations and findings declared, made and found in the preamble
to this Agreement are hereby adopted, restated and made part of the operative provisions
hereof.
APPROVED AS TO FORM: COUNTY OLL TEXAS
L
By: By:
Name_: Nam . IRWHkfis
Title: Title: County Judge
ATTEST:
Executed on thisldk day of FebruanL
200 5 by the County of Collin, 0
pursuant to Commissioners' Court
Order No.a005 - C9 I - 0,2-o7
CITY
By: By: /
NName; P-xr, lr 2s
Title:Title: /-�,N
Date:Dater .wfy /Y,00s
Executed on bdidlf of the City of
Allen pursuant to City Council
Resolution No.831a.D— l -0SL2�
APPROVED AS TO FORM:
By: 0 -j
Name:. Peter 6. n.'.ii.,
Title: 0;4-1 Aitarney
Date: TRNl2, LOW
EXHIBIT "A"
The County will provide funding assistance for the following:
o Purchase of 13 acres of non -floodplain property*
Total requested $500,000.00
Total funding $500,000.00
*Molsen Farm total property acquisition by the City of Allen is approximately 52.4 acres
Contact Information
Request for reimbursement submitted to:
Collin County
Special Projects
Teresa Nelson
825 N. McDonald Street, Suite 145
McKinney, Texas 75069
972-548-3744
Submission of electronic photos and quarterly reports:
Teresa Nelson
tnelson0collincountvtexas. gov
Proiect Manager Contact: (must be able to answer specific questions regarding project)
Name: 7�g �geri`�:�.�l,T.�.�a--
Address: S /7-1
! s
/�t -rz" 750/3
Phone: CLS) _G09- 11700
Fax: &4 _504- 47/0
Email:a��ntler��i+a wa/
COURT ORDER NO. 2005- Qq 1 -02-07
THE STATE OF TEXAS
AGREEMENTS
INTERLOCAL AGREEMENT
CITY OF ALLEN
COUNTY OF COLLIN SPECIAL PROJECTS
On February 7, 2005, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Ron Harris
County Judge, Presiding
Phyllis Cole
Commissioner, Precinct 1
Jerry Hoagland
Commissioner, Precinct 2
Joe Jaynes
Commissioner, Precinct 3
Jack Hatchell
Commissioner, Precinct 4
During such session the court considered approval of an Interlocal agreement between Collin
County and the City of Allen for the purchase of land for a special use park identified as
Molsen Farm through the Collin County Parks/Open Space Project Funding Assistance
Program.
Thereupon, a motion was made, seconded and carried with a majority vote of the court
authorizing the attached Interlocal agreement between Collin County and the City of Allen for
the purchase of land for a special use park identified as Molsen Farm through the Collin
County Parks/Open Space Project Funding Assistance Program (NTE $500,000). Same is
hereby approved as per the attached documentation. n
1%WMjnzk
Jack Hatcl II, ommissioner, P0. 4
ATTEST:
Brenda Taylor, Ex -Officio Clerk
Commissioners' Court
Collin County, T E X A S
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