Loading...
HomeMy WebLinkAbout023462 RES - 10/13/1998RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT TO LOCATE AND JOINTLY OPERATE A BRANCH LIBRARY ON FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT PROPERTY WHEREAS, on June 9, 1998, the City of Corpus Christi (City) and the Coastal Bend Community Foundation (Foundation) executed the Flour Bluff Branch Library Donation Agreement in which Foundation has given City $1.84 million dollars to be used by City to design, construct, furnish, and equip a branch library in Flour Bluff (Library); WHEREAS, in the spirit of cooperation, enhancing services and maximizing tax dollars, the Flour Bluff Independent School District (District) and City desire City to locate the Library on District property; WHEREAS, City and District desire to cooperate in the operation of the Library to better serve the interests of the taxpayers and general public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager or his designee is hereby authorized to execute an Interlocal Agreement with Flour Bluff Independent School District to locate and jointly operate a branch library on District property. A copy of the Interlocal Agreement is attached and incorporated as Exhibit A. Attest: City Secretary MAYOR THE CITY OF CORPU CHRISTI Legal form approved this the 1 day of litfcr eir , 1998 James R. Bray, City Attorney By: i vl. Lisa AguilaklAssistant City Attorney LOA\res.005 3462 CORPUS CHRISTI, TEXAS ' h DAY OF Q ei-o(vc The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols LOA\res.005 023462 hcy thdu Flour Bluff Independent School District and City of Corpus Christi Intergovernmental Agreement to Operate and Maintain Flour Bluff Branch Library WHEREAS, the City of Corpus Christi (City) and the Coastal Bend Community Foundation (Foundation) have executed the Flour BluffBranch Library Donation Agreement in which Foundation has given City $1.84 million dollars to be used by City to design, construct, furnish, and equip a branch library in Flour Bluff (Library): WHEREAS, in the spirit of cooperation, enhancing services and maximizing tax dollars, the Flour Bluff Independent School District (District) and City desire City to construct the Library on District property; WHEREAS, City and District desire to cooperate in the operation of the Library to better serve the interests of the taxpayers and general public. NOW, THEREFORE, for and in consideration of the covenants, undertakings and considerations herein stated, City and District mutually agree as follows: 1. TERM OF LEASE AND LEASED PREMISES A. For and in consideration of one dollar a year, receipt of which is hereby acknowledged, District hereby leases to City, for a term of 99 years, subject to the other terms and conditions of this Agreement, the land upon which the City will construct the Library (Leased Premises) as described in Exhibit A, attached hereto, together with the right of ingress and egress thereto. Further, District grants the right of ingress and egress to the Library Parking Area described in Section 11 herein. B. Lease will be irrevocable so long as the building constructed by City on Leased Premises is used as a branch of the City's public library system. If District ceases participation in joint EXHIBIT, "W, 196527/1WG/429 operation of Library as described in Section 12 herein, lease will continue. Additionally, District will enforce the reserved parking and will continue to grant the rights of ingress and egress even ifDistrict ceases participation in joint operation of Library. C. If City ceases library operations as defined below, this agreement will terminate and expire and District may lease Library building from the City. The rent for the library building shall be $12,000 per year, beginning on the effective date of this agreement to be increased on each annual anniversary of this agreement by the percentage increase in the Consumer Price Index, All Urban Consumers, U.S. City Average—All Items (1982-1984=100) published by the Bureau of Labor Statistics of the United States Department of Labor for its successor index}. If District does not exercise its option to lease Library building, the parties agree to enter into negotiations for use of the library building. D. Cessation of operations occurs when (i) the City's governing body declares that operations at the Library will cease and (ii) the City's governing body fails to provide funds for Library operations. E. The City and District acknowledge that revised Exhibit A will be prepared to identify the location of the Library Parking Area and utility easements. The revised exhibit will replace the then -existing exhibit and will become Exhibit A of this agreement for all purposes. The City and Districtacknowledge that the location of the Leased Premises will not be altered nor changed by revised exhibits. 2. LOCATION The Library will be built within the Leased Premises area identified in attached Exhibit A. 2 3. DESIGN OF LIBRARY A. City has exclusive authority to select the architect (Architect) for the design of the Library. City will enter into a Professional Service Contract with Architect for the proper design of the Library. Library will be a freestanding structure, not affixed to any District building. Notwithstanding the foregoing, District may, at its expense, construct a connection linking its high school to Library. For purposes of connecting to high school, Library shall be no further than 30 feet from the high school. The property line will be set at 25 feet from existing high school structure. Plans and specifications for connection are subject to approval by City. B. City has the exclusive authority to approve plans and specifications for the Library. The District shall be represented on the City's Building Committee by the District Superintendent and the District's head librarian. This committee serves in an advisory capacity to the City Council. City will pay all costs for design of Library. 4. GEO-TECHNICAL REPORT District will provide City with geo-technical report of District high school expansion project, including recommendations for foundation design. 5. LANDSCAPING City will landscape area within Leased Premises. 6. CONSTRUCTION OF LIBRARY A. City has exclusive authority to award contract for construction of the Library. City will enter into construction contract with contractor for proper construction of Library. City will supervise construction of Library. City will pay for all construction costs associated with the Library. City will be responsible for final acceptance of Library. City will pay for site preparation costs for the Leased Premises. District will guarantee access for construction, deliveries and any future 3 improvements undertaken by City to the Library Building within the Leased Premises. District grants City the right to use the area behind the Leased Premises as the "staging area" for use during construction of the Library. Upon completion of construction, the City will return the staging area to its original condition. Curbs and cuts for a service drive along the perimeter of the Leased Premises shall be at the expense of the City and shall be identified on the revised Exhibit A. B, City will install exterior lighting within Leased Premises. C. District gives City the authority to place Library signage in islands located on either side of driveway which fronts Waldron Road. Any costs associated with such signage will be the responsibility of the City. D. City and District will direct their respective contractors to coordinate schedules for design and construction of District high school and Library. 7. FURNISHINGS AND EQUIPMENT City will retain right to determine interior design including furnishings and equipment. City will purchase initial furnishings for Library. 8. UTILITIES A. City will provide all City utility connections. District will provide City a utility easement no more than 15 feet wide in the most direct route possible from the Library to Waldron Road, with the final configuration to be determined after locating and designing the Library. The Utility Easement will be identified in the revised Exhibit A. The Utility Easement will be filed in the Nueces County Official Records. B. City and District will develop plans for initial and future electrical and telecommunications needs. 4 9. OWNERSHIP OF LIBRARY AND CONTENTS City owns the Library. City will name Library. Each party retains ownership of property it brings into Library. City will be responsible for insuring the Library. City will be responsible for maintaining and insuring City -owned property located in Library. District will be responsible for maintaining and insuring District -owned property located in Library. 10. PERMITTED USES The City will construct a building on Leased Premises within area identified in Exhibit A to be used as a branch of the City's public library system. Any use of said building by City for purposes other than as a branch of the City's public library system will be subject to approval by District. 11. LIBRARY PARKING AREA AND DRIVEWAY A. District will provide City exclusive use of fifty (50) parking spaces adjacent to the westerly side of Library fronting on Waldron Road (Library Parking Area) and continuing south of Library as described in Exhibit A. After school hours, City Library patrons have access to and use of entire District Parking areas as available. City will pay its pro rata share of routine maintenance of Library Parking Area; provided, however, that District give City notice of the proposed expenditure and estimated amount thereof at least six (6) months prior to start ofthe City's next fiscal year. Library Parking Area will be identified in the revised Exhibit A. B. During school hours and during school activities, District will enforce the exclusive use of the Library Parking Area for City's benefit, in its own manner, but in such a way as to ensure City's exclusive use. Changes to existing Library Parking Area or existing driveway fronting Waldron Road will be subject to approval by City. 5 C. City will not begin construction on site for Library until District certifies funding for construction of parking lot changes to comply with above. District will provide lighting in Library Parking Area and will ensure lighting in Library Parking Area during evening hours. 12. JOINT OPERATION OF LIBRARY City and District agree to operate Library jointly as described in Sections 13, 14, and 15. Library will serve the public and high school. District may cease participation in joint operation at the end of City's fiscal year, but will notify City no later than 120 days prior to the end of City's fiscal year. District will retain right to remove District property upon termination of joint operation of Library. City retains sole right to cease Library operations as described in Section 1 herein. 13. PREPARATION OF ANNUAL BUDGETS A. City and District will prepare budgets for the Library. Budgets will be approved on or before the first day of each fiscal year for City and District. B. The annual budgets will provide for operating expenses, including, but not limited to, building maintenance, cleaning service, utilities, grounds upkeep, Library Parking Lot maintenance, security, telecommunications services, shared computer system maintenance, joint purchase agreements as agreed to by both parties, staffing, books and other library materials. District and City will share in said costs based on Section 14 herein. C. City and District retain right to contract for services for any part of operations. D. City and District acknowledge that this Agreement between them is made pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with Section 791.011(d)(3) of the Texas Government Code, City and District also each certify that payments each will make in accordance with the terms of this agreement will be made from current 6 revenues available to City and District respectively, and any future payments will be subject to appropriations. Payments will be made in a timely manner after notification. 14. OPERATING AND MAINTENANCE EXPENSES City and District will share Operating and Maintenance Expenses as follows: A. District will share Library staffing responsibilities days, nights and weekends with City while school is in session, excluding District holidays; thirty-six weeks (252 days) annually as of this contract date. This provision is subject to change predicated on calendar adopted by the state legislature and incorporated by District. B. Annual costs for the following operating expenses will be apportioned on a 75 (City)/25 (District) percent basis to be reimbursed by District to City quarterly. These costs include utilities, cleaning service, alarm monitoring, inspections, and others as mutually agreed. C. District will provide the following services: pest/vector control, security during school hours, grounds cleaning, and LAN computer hardware troubleshooting. District will provide access to: PA system links, telephone links, fiber optic network links, satellite and dish receiver links, and when available, distance learning and teleconferencing links to City specified drops in Library. Pro- rata access to services provided by links specified above will be based on mutually agreed formulas. D. (1) The City and the District agree to establish and maintain at least minimum quantitative and qualitative standards regarding collections, staffing, and hours of operation as established by Texas State Library and Texas Education Agency. Where those standards overlap or exceed those suggested by either agency City and District will prefer the higher standard. The District agrees to support a maintenance of effort budget for ongoing library collections. 7 (2) District will provide an initial library materials budget not less than the current fiscal year upon adoption of Interlocal Agreement. City will provide an initial library materials budget not less than the current fiscal year for a full service branch. (3) District agrees to provide an initial staffing configuration of a minimum of three (3) full time equivalents, comprised of full and part-time employees and other workers as assigned. City agrees to provide an initial staffing configuration ofa minimum of seven (7) full time equivalents, comprised of full and part-time employees. E. City will staff Library during District recess, except days designated as holidays by City. F. City will pay maintenance expenses of Library, including, but not limited to, all repairs and modifications to Library, plumbing repairs, and electrical repairs. 15. LIBRARY POLICIES A. The District acknowledges that City Library Policies currently in effect and as may be adopted or amended from time to time are enacted solely at the discretion of the City. The District further acknowledges that the City is not responsible for the enforcement of District library or school policies. The City acknowledges that District Library Policies currently in effect and as may be adopted or amended from time to time are enacted at the discretion of the District Board. The parties acknowledge that School Library Policies do not apply to the general public. B. District will be responsible for actions, activities, and behavior of its students and District employees during school hours in accordance with all applicable federal and state law, District rules and City ordinances. City may refer District students or District employees to District administration for action during school hours. City will not act in loco parentis but will take any 8 measures deemed necessary to maintain an environment appropriate to conducting Library activities. City has no responsibility for students during school hours. C. If City smoking ordinances or weapons ordinances are repealed by City, City will continue to observe a smoke free environment and prohibit unauthorized weapons possession. D. The hours of operation may vary from those normally observed either by public or school libraries. However, notwithstanding policies developed regarding the Library, City will establish hours of operation and opening and closing procedures, with recommendations from District. E. Security will be the responsibility of District during regularly scheduled school hours. City will be responsible for providing for security at such other times as City deems necessary. F. The City reserves the right to select library materials consistent with its missions and roles. The District reserves the right to select library materials consistent with its missions and roles. Each party will be responsible for purchasing its own library materials. Neither party can direct what materials are purchased or retained by the other party. District will house in Library its bibliographic holdings, including books, periodicals, and other library materials. G. City and District will jointly staff the Library. Any District employee assigned to work in the Library will possess the necessary education and background and will remain an employee of District for all purposes. Any City employee assigned to work in the Library will possess the necessary education and background and will remain an employee of City for all purposes. City and District employees will assist all patrons while on duty. 9 16. PURCHASE OF LIBRARY If District desires to purchase the Library, District will give City written notice of its interest in purchasing the Library. If City agrees, purchase will be subject to a mutually agreed purchase price. 17. PURCHASE OF LAND AND RIGHT OF FIRST REFUSAL A. If City desires to purchase the Leased Premises with or without the Library Parking Area., City will give District written notice of its interest in purchasing the Leased Premises. If District agrees, purchase will be subject to mutually agreed purchase price. If agreement as to value cannot be reached, the City may acquire the Leased Premises with or without the Library Parking Area by condemnation. B. If District, during the lease term, desires to sell all or any portion of the Leased Premises and/or Library Parking Area and/or areas of ingress/egress, City will have the right of first refusal to meet any bona fide offer of sale on the same terms of the offer. 18. NOTICE Notice may be given by hand delivery or certified mail, postage prepaid, and is deemed received on the day hand delivered or on the third day after deposit if sent certified mail. Notice will be sent as follows: IF TO CITY: IF TO DISTRICT: City of Corpus Christi Attention: Director of Libraries P. O. Box 9277 Corpus Christi, TX 78469-9277 Flour Bluff Independent School District Attn: Superintendent 2505 Waldron Road Corpus Christi, TX 78418 19. RESOLUTION OF DIFFERENCES A. The following matters are not subject to the resolution process identified herein: (1) Location of the Leased Premises. 10 (2) Matters concerning the design, construction, and location of the Library and other matters covered by this Agreement. (3) Matters which impinge on the City's mission and role as a public library. (4) Any matter which is in conflict with this Agreement. B. Such matters that cannot be resolved informally by the District supervisor of libraries and the City Library Flour Bluff Branch Manager may be submitted by the City or by the District to a structured resolution process as follows: (1) Level One: District High School Principal and the City Assistant Director of Libraries. (2) Level Two: District Superintendent and the City Director of Libraries. (3) Level Three: District Superintendent and City Manager. (4) Level Four: District Trustees and City Council or their appointees. (5) If the matter cannot be resolved by the process described above, then either party shall be entitled to pursue the matter through the legal processes. 20. REMEDIES If there is a breach of this Agreement by City or District, the party not in breach will have against the other party all remedies for breach of contract. The prevailing party will be entitled to recover reasonable attorney fees. This Agreement is for the exclusive benefit of the City and District and in no way may be construed to be for the benefit of any third party. 21. AMENDMENT A. The Revised Exhibit A to be attached to this Agreement shall be that document which is approved by both the Superintendent of the District and the City Manager, or his designee. B. This Agreement may be amended in writing by duly authorized officials of City and District. Modifications which do not change the essential scope and purpose of this Agreement may 11 be approved by the City Manager or designee on behalf of the City and the Superintendent or designee on behalf of District. 22. AUTHORITY OF PARTIES Each party by its signature hereon states that the person signing is a duly authorized official of that party and that all acts necessary to authorize this Agreement have been taken. 23. SEVERABILITY If any covenant, condition, or provision in this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision in no way affects any other covenant, condition, or provision herein contained. 24. FORCE MAJEURE Neither City nor District are in breach of this Agreement by reason of failure to perform any of its obligations hereunder if, while and to the extent that such failure is due to strikes, boycotts, labor disputes, embargoes, shortages of materials, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage or any other circumstances for which it is not responsible and which are not within its control. 25. INCORPORATION OF EXHIBITS All exhibits referred to in this Agreement are intended to be and are hereby specifically made a part of this Agreement. 26. COMPLIANCE WITH LAW This Agreement is subject to all Federal laws, laws of the State of Texas, City ordinances, and regulations promulgated thereunder. 12 27. EFFECTIVE DATE OF AGREEMENT This Agreement will begin upon approval by City Council and District Board of Trustees. David R. Garcia, City Manager Diana Barnes, President City of Corpus Christi Board of Trustees, Flour Bluff I.S.D. Date: , 1998 Date: O 06 • , 1998 Approved as to form: James R. Bray Jr City Attorney By• Lisa Aguilar Assistant City Attorney 13 09/04/98 FRI 07:41 F.i2 MURRAy BASIC JUL. P.G. MIwT,I.M. Y/CLSN. P.L FLOUR BLUFF ISD AI• BASS & WELSH ENGINEERING P. 0. not 1307 CORPUS CHRIST. TEMPS 71011-0 3 9 7 September 3, 1998 FIELD NOTE DESCRIPTION LIBRARY SITE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT a0aa 3051 S. ALAMCDA PH. SIZ 112-352, PAZ 512 552.1215 Being a tract stibiated in Corpus Christi, Nueces County. Texas a portion of Block 2. Flour Bluff School Trail as shown on the map thereof reorder! in Volume 46 at Pages 175-176, Map Records, Nueees County, Texas, and being more particularly described by metes and bounds as follow= Commencing at a point in the west line of said Block 2 the east right-of-way fine of Waldron Road, whenes a 5!8 inch iron rod found for the southwest comer of Bloat 2 beam 5 29' OC CO' W at 39228 feat: THENCE S 61' 00' 00' E across Block 2., a distance of 12228 feet to a print for the southwest comer and POINT OF HEENNNING at this tract THENCE N 29' OC 00' E 122_28 feet east of and parallel to the west line at Sort 2 a distance of 15000 feet to a point for the northwest comer of this tract THENCE S 81' 00' 00' E 25.0 feet south of and parallel to the edge of an existing building a distance of 160.00 feet to a point for the northeast comer of this tract; THENCE S 29' 00' 00' W a distance of 150.00 feet to a point for the southeast corner of this tract THENCE N 61' 00' CO' W a distance of 160.00 feet to the POINT CF BEi2NNING forming a trac embracing 24,000 square feet (0551 acres). (Ubrary,m881 r- 7 Mur7y Bass. -It, R.P.LS. 09/04/98 ERI 07:38 [TS/RS NO 97701 09/04/98 FRI G7:43 F{7 0 2 z CC 111 FLOUR BLUFF ISD EXISTING BUILDING 3 I COMCRLITNNA 81004 EXHIBIT A 1 S 6I' 00. 00' E 160: 00 AREA=24,000 SOFT. oc ac oma. Is6 S 61'00.00' E 122.28 n 01 h. n 3 O \10\ • MGP 1 N 61' 00' 001 V 160, 00 0 0 s 29' 00' 00• W LOCA00�" iRPG� 3VvFF sC 115 Co ,nt c o P 9 ces cords • FLOUR BLUFF INLIBRARY SITE DEPENDENT SCHOOL DISTRICT BLOCK 2, FLOUR BLUFF SCHOOL TRACTS r Jae Na 980.15 Sci.: 1 =50 Dater 9-3-98 prong No: U13—BASE 09/04/98 FRI 07:38 (TX/RX NO 97701