HomeMy WebLinkAboutRes 2012-11-05 ILA Collin Cty for Parks and Open Space.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2012-11-05
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN
COUNTY, TEXAS, AND THE CITY OF ANNA, TEXAS
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 Council of the City of Anna, Texas ("City Council") has approved the
Interlocal Agreement between Collin County and the City of Anna ("Agreement") concerning
the South Slayter Creek Trail Land Acquisition Project; and
WHEREAS, the City Council has determined that the Agreement with Collin County, Texas
(the "County") will benefit the residents of both the County and the City of Anna, Texas (the
"City"); and
WHEREAS, the City Council has determined that it is in the best interest of the City and its
citizens to authorize, ratify and approve the City Manager's execution of said Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2.
The City of Anna City Council hereby approves the Agreement, attached hereto as EXHIBIT
1, incorporated herein for all purposes and authorizes the City Manager to execute same on
its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27th day of
November, 2012.
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ATTEST:
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John ren, or Pro Tem OF , pa Will
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Res. 2012-11-05 ILA MCC for Parks & Opeft,?Sro�em s
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PAGE 1 OF 1 11-27-12
INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY
AND THE
CITY OF ANNA
WHEREAS, the County of Collin, Texas ("County") and the City of Anna ("City")
desire to enter into an Agreement concerning the acquisition of land in the City of Anna,
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 teens 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
all County residents; and
WHEREAS, this Agreement will support or advance the mission of the Collin County
Parks and Open Space Strategic Plan;
NOW, THE, 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 land along Slayter Creek from County Road
366 southerly to the north line of property owned by Collin County, hereinafter called the
"Project". The Project shall consist of the acquisition of property identified in Exhibit
«A5,
ARTICLE II.
The City shall prepare and execute all documents necessary to purchase land and
in such activities, shall comply with all state statutory requirements. The City shall
supply the County with a copy of the executed documents. Changes to the project which
alter the initial funding request referenced in Exhibit "A" must be reviewed by The Parks
Foundation Advisory Board and approved by Commissioners Court.
ARTICLE M.
The City will not expend funds to acquire easements or real property for use as
right-of-way.
ARTICLE IV,
The City estimates the total actual cost of land identified for purchase to be
$24,200.00. The City's match for this project, consisting of donated property is
$379,500. The County agrees to fund the purchase price in an amount not to exceed
$24,200,00 as shown on Exhibit "A". The County shall remit payment to the City for
land purchases after closing. The City shall provide the County a copy of closing
documents indicating the final purchase price and a copy of the deed(s) showing the City
received ownership of such land.
ARTICLE V,
Collin County's participation in this project shall not exceed $24,200.00 as
indicated in Article IV above. The City shall be responsible for any costs, which exceed
the total estimated project cost.
ARTICLE VI.
Upon development of the property, the City shall install a project sign identifying
the project as being partially funded by the Collin County 2007 Parks and Open Space
Bond Program, The City shall also provide quarterly progress reports in electronic
format or via US mail to the contact identified on Exhibit "A". Following completion of
the project, the City shall provide an itemized final accounting of expenditures
including the City's match, in-kind services or donations for the project. All projects for
which the County has provided funds through its 2007 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.
The City acknowledges that the County's source of funding for the property
acquisition is 2007 Parks and Open Space Bonds. The City further acknowledges that
property acquired with these funds must be utilized for Parks and Open Space purposes
and be available for use by all county citizens.
2
ARTICLE VIII,
INDEMNIFICATION. 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.
ARTICLE IX.
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, thein 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 XIII,
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 OF COLLIN, TEXAS
By:
By:
Name:
Name: Keith Self
Title:
Title: County Judge
Date:
Date:
Executed on this day of ,
20 _, by the County of Collin,
pursuant to Commissioners' Court
Order No.
ATTEST: CITY OF ANNA
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Executed on behalf of the City of
Anna pursuant to City Council
Resolution No.
APPROVED AS TO FORM:
By:_
Name:
Title:
Date:
4
EXHIBIT "A"
The County will provide funding assistance for the following:
❑ Approximately 2.2 acres of land identified
on Exhibit `B" (Attached)
Total funding
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
(nelson@collincountytexas.gov
$24,200.00
Proiect Manazer Contact: (must be able to answer specific questions regarding project)
Name:
Address:
Phone:
Fax:
Email:
EXHIBIT "Bl'
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