Loading...
HomeMy WebLinkAbout025563 RES - 11/18/2003RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL GOVERNMENTAL AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR A JOINT PROJECT TO INSTALL A NEW CONCRETE CONNECTING TRAIL BETWEEN SOUTH POPE PARK AND ROBERT WILSON ELEMENTARY SCHOOL; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an Interlocal Governmental Agreement with Corpus Christi Independent School District for a joint project to install a concrete connecting trail between South Pope Park and Robert Wilson Elementary. A copy of the Agreement is attached as Exhibit A. ATTEST~ Armando Chapa City Secretary APPROVED: /~/~,~,¢¢(~,J / u , 2003. Mayor By: Joseph~arn;~ Assistant City Attorney For City Attorney Reso-ccisd Corpus Christi, Texas ,2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Reso-ccisd INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This Intedocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Corpus Christi Independent School District ("CCISD"). Recitals NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. Purpose. The purpose of this Agreement is to allow for a joint project between the City and the CCISD consisting of removal of an existing sidewalk and installation of a new concrete connecting-trail along the property line of South Pope Park and Robert Wilson Elementary School. See attached Exhibit "A". 2. Scope of Services. CCISD will demolish and remove the existing sidewalk. After the sidewalk removal is complete, the City wilt install the new concrete connecting-trail, which will be at least five (5) feet in width. All maintenance after installation is the responsibility of CCISD. All construction materials are to be provided by the Friends of Pope Park citizen's group. 3. Implementation. The City Manager, or designee, is authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 4. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 5. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 6. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 7. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this term of this agreement will expire upon completion of the connecting-trail installation. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in rome and remain binding on the remaining Parties. 8. Oral and Wdtten Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to wdting and are contained in this Agreement. 9. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 10. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 11. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full rome and effect. 12. Validity and Enfomeability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 13. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 14. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 15. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 16. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the 3erformance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 17. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi At-tn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 CCISD: Corpus Christi Independent School District Attn: Office of the Superintendent P.O. Box 110 Corpus Christi, Texas 78403-0110 b. The parties to this agreement may specify to the other party in writing. 18. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 19. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the day of ,2003. City of Corpus Christi George K. Noe City Manager Corpus Christi Independent Sphool District J~bs H. Ch~vez S~'perintendent Attest: Armando Chapa City Secretary Rev. Harry Williams President, Board of Trustees Reviewed and Approved by CCISD Office of Legal Services: PARTICIPATION NOTICE I hereby notify the Parties that the City of Corpus Christi has approved participation in the Interlocal Agreement for the connecting-trail project between Pope Park and Wilson Elementary, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. George K. Noe Date City Manager PARTICIPATION NOTICE I hereby notify the Parties that the Corpus Christi Independent School District has approved participation in the Interlocal Agreement for the connecting-trail project between Pope Park and Wilson Elementary, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Je.z~s H. Chavez Sb~erintendent of Schools Dat~ /