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Home My WebLink About025739 RES - 04/27/2004RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT IN THE AMOUNT OF $80,073 FOR ASSISTANCE IN DOWNTOWN DEVELOPMENT AND REDEVELOPMENT ACTIVITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or the City Manager's designee is authorized to execute an interlocal cooperation agreement with the Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. A copy of the interlocal cooperation agreement is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 22, 2004 By: .,~, .~z_ Lisa Aguilar Assistant City ~ttorney for City Attorney Mayor 0257'39 2 Corpus Christi, Texas The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott April 20 2004 DMD Resolution.doc INTERLOCALAGREEMENT This Interlocal Agreement (the "Agreement") is made between the Corpus Christi Downtown Management District (the "District") and the City of Corpus Christi, Texas (the "City"), a municipal corporation. WHEREAS, the District and the City desire to enter into an Agreement pursuant to the Interlocal Cooperation Act to provide for downtown Corpus Christi redevelopment (the "Project"); Now, therefore, in consideration of the mutual covenants in this Agreement, the City and the District (each, the "Party") authorized by appropriate actions of their governing bodies, agree as follows: 1. Purpose The purpose of this Agreement is to provide for the redevelopment of downtown Corpus Christi (the "Project"). 2. Responsibilities of the City. The City agrees to pay to District the sum of $80,073 which amount shall be paid upon receipt and City approval of the work plan described in section 3 below. 3. Responsibilities of the District. a) The District agrees to record revenues, expenditures, and a balance sheet on a monthly basis. The District agrees to provide the City with a copy of the District revenues1 expenditures, and balance sheet and supporting documents on a quarterly basis. b) The District agrees to prepare annual financial statements in accordance with generally accepted accounting principles. The District agrees to provide the City with a copy of the District's audited annual financial statement and supporting documents upon completion. c) The District agrees to assist the City in its downtown development and redevelopment activities, and coordinate its activities with the City. d) The District agrees to provide the City with a District work plan for the District 2004- 2005 operating year for review and approval by the City. The work plan shall describe each project to be undertaken by the District, including estimated costs, and anticipated completion dates. e) The District agrees to provide the City with an annual report for fiscal year 2003-2004. The annual report shall describe each project undertaken by the District in fiscal 2003- 2004, provide project status, and amounts expended on each project. The annual report shall be provided to the City by August 30, 2004. 4. Implementation. The City Manager and Executive Director for the District are authorized and directed to take all steps necessary or convenient to implement this Agreement. 5. Warranty. This Agreement has been officially authorized by the governing body of the City and the District, 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. Administrative Services. The City and the District agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. 7. Expending Funds. Any payment made by the District or the City for any of the costs or expenses that either incurs pursuant to this Agreement shall be made out of current revenues available to the paying party as required by the Interlocal Cooperation Act. 8. Term. Once approved by all Parties, the term of this Agreement is August 1, 2003 through July 31, 2004. 9. Severability. If any portion of this Agreement, or its application to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall continue to be enforceable in accordance with its terms. 10. Oral and Written Aqreements. 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 writing and are contained in this Agreement. 11. 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. 12. 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. 13. Breach. Any breach of this Agreement now or through the term shall render the Agreement null and void. 14. Notices.. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written nctice, be as follows: To the City: City of Corpus Christi City Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 To the District: Corpus Christi Downtown Management District Attn: President 410 Peoples Street Corpus Christi, Texas 78401 15. Amendments or Counterparts. This Agreement may not be amended except by written Agreement approved by the governing bodies of the Parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original an dali of which shall constitute but one and the same instrument. 16. Modifications. No officer or employee of any of the Parties may waive or otherwise modify the terms in this Agreement, without the express action of the governing body of the Party. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governinq 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. 19. Approval. All Parties identified below agree to the provisions and terms of this Agreement. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT By: Name: Title: Date: CITY OF CORPUS CHRISTI By: George K. Noe City Manager Date: Attest By: Armando Chapa City Secretary Approved as to legal form: 2004 By: Lisa Aguilar Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of thc City of Corpus Christi, Texas (or his/her duly authorized representative), hereby ceffffy to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the eredit of the Fund spedfied below, from which it is to be drawn, and has not been appropfia~d for any other purpose. Agenda item: Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the City of Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. Amount Required: $ 8O,O73.0O Fund Name Fund No. Org. No. Account No. Project No. Amount General Fund 1020 14690 530000 $80,073.00 Total $80,073.00 Not required Director of Financia(SeyWces / Date: ¥ / ~ 3./a 7~ ] tt onGr nP erI ]