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~ /