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Home My WebLink About029109 RES - 06/28/2011Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NUECES COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 3 TO PROVIDE FOR THE APPROPRIATE EASEMENTS ALONG COUNTY ROAD 52 AND FOR THE CITY TO PROVIDE, IF NECESSARY, PUMP(S) AND PIPING AT THE INTERSECTION OF COUNTY ROAD 52 AND COUNTY ROAD 69 TO ALLOW THE DISTRICT TO PROVIDE IRRIGATION WATER TO CERTAIN LAND OWNERS ALONG COUNTY ROAD 52 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement with the Nueces County Water Control & Improvement District No. 3 (the "District") to provide for the appropriate easements along County Road 52 and for the City to provide, if necessary, pump(s) and piping at the intersection of County Road 52 and County Road 69 to allow the District to distribute irrigation water to certain land owners along County Road 52. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Ad ;,! e, Mayor APPROVED AS TO LEGAL FORM: 15 -Jun -11 Veronica Ocanas Assistant City Attorney For City Attorney 029109 H:1LEG-DIRIVeronicaO11.ENG11 AGENDA ITEM W0111062811\062811 RESO Interlocal NCWID#3 CR 52 v.2.docx INDEXED Corpus Christi, Texas £day of , 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 0291.09 Page 2 of 2 H:1LEG-DIR\VeronicaO11.ENG11 AGENDA ITEM S120111062811\062811 RESO Interlocal NCWID#3 CR 52 v,2.docx COUNTY ROAD 52 IRRIGATION CANAL INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS: IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN MADE THE PARTIES AGREE AS FOLLOWS: Section 1. Parties. This agreement is made and entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as "City", and the Nueces County Water Control and Improvement District No. 3, hereinafter referred to as "District". Section 2. Authority. This Agreement is made under the authority of Section 791.011 (a) Government Code. Section 3. Current Revenues. Each governing body, in performing governmental function or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. Section. 4. Findings. Each governing body funds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of responsibilities and costs fairly compensates the performing party for the services or functions of this Agreement. Section 5. Service to be provided. (a) City, in conjunction with Nueces County, Texas is in the process of rebuilding County Road 52, a public roadway in Nueces County, Texas. As a result the City will remove and replace the existing two lane roadway with a three land roadway containing two lanes of travel and a center turn lane. In rebuilding County Road 52, the City will backfill and cover an existing irrigation ditch owned and maintained by the District to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 52. (b) The District has been formed pursuant to the Article III, Section 52 of the Texas Constitution and has as one of its responsibilities the reclamation and irrigation of its arid, semiarid and other lands which need irrigation. The District owns and maintains one or more canals for the delivery of water for irrigation including an irrigation canal contiguous to County Road. 52 to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 52. The District does not provide water to all of the owners or occupants of lands lying contiguous to County Road. 52 at this time, but must, within 48 hours after a request for water delivery, provide water through the delivery system owned and maintained by the District contiguous to County Road 52 to those owners or occupants of land requesting water delivery in accordance with the duly adopted policies of the District. (c) The District shall provide to City an easement along, over and across the irrigation canal owned and maintained by the District contiguous to County Road 52 to be utilized by the City to construct, improve and maintain County Road 52. (d) District reserves an easement along, over and across County Road 52 to be utilized by the District to provide irrigation water to the owners of lands in the District contiguous to said County Road 52. (e) The City agrees, that at such time as the District receives a request for irrigation water from the owner or owners of land lying contiguous to County Road 52 and not served by the District at the time of this Agreement, to provide, at the City's sole cost and expense, a pump or pumps, as well as a sufficient length of pipe, to provide irrigation water from the facilities of the District at the intersection of County Road 52 and County Road 69 to the owner or owners of land requesting irrigation water. (e) In order to meet the obligation that the District has to an owner or owner of lands to provide irrigation water, the City will provide the pump or pumps and the pipe necessary to transmit water for irrigation purposes within 48 hours after receipt of notice from the District to the City. (f) The City is not responsible for providing irrigation water to the owner or owners of land lying within the District and contiguous to County Road 52. (g) The District is not responsible for the construction or maintaining of any portion of County Road 52. Section . Term. The original term of this Agreement shall be one year. It is agreed' by the parties that this Agreement shall automatically renew for additional one year periods for so long as the City and/or Nueces County, Texas shall own and maintain County Road 52. Section 7. Permits. (a) The City is responsible for obtaining and maintaining any permits necessary or required to construct, improve and maintain County Road 52. (b) The District is responsible for obtaining and maintaining any permits necessary or required to provide irrigation water to the owner or owners of land lying contiguous to County Road 52. Section 8. City Control. All services provided under this Agreement by the City shall be at the sole direction and supervision of the City. Section 9. District Control. All services provided under this Agreement by the District shall be at the sole direction and supervision of the District. Section 10. Notice. Notice shall be delivered to the following address for the party notified: CITY OF CORPUS CHRISTI NUECES COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 3 City Manager of City of Corpus Christi District Manager 1201 Leopard Street 501 East Main Street Corpus Christi, Texas 78401 Robstown, Texas 78380 ,Section 11. Default. In the event of a default in any of the terms herein by either the City or the District, the non defaulting party shall give a 10 day written notice advising the defaulting party of the default ("default notice"), by certified mail, return receipt requested. The defaulting party shall have 10 days from the date of the default notice to cure the event of default or this Agreement shall terminate. In the event the Agreement terminates the parties shall have no further obligation to the other party by reason of this Agreement. Section 12. Dispute Resolution. The parties hereto mutually contract and agree that each, every, any and all claims, disputes and/or controversies, now existing or hereafter arising, whether known or unknown, shall be exclusively resolved, as follows: (a) by attempting settlement by mediation, under the Mediation Rules and utilizing a neutral mediator; and, failing settlement by mediation, (b) the parties agree that all claims and disputes, including those of jurisdiction and arbitrability, shall be resolved by neutral binding arbitration by the National Arbitration Forum, under the Code of Procedure in effect at the time any claim is made. Each party shall pay its own costs of arbitration. The parties stipulate that this agreement involves transactions in interstate commerce, is subject to the Federal Arbitration Act, invoke its jurisdiction and agree that any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. n Section 13. Miscellaneous. (a) This Agreement expresses the entire agreement between the parties. (b) Any modification, amendment, or addition to this Agreement shall not be binding upon the parties unless reduced to writing and signed by the persons authorized to make such agreements on behalf of the respective party. The Effective Date of this Agreement is the day of May, 2011. City of Corpus Christi, Texas Attest: City Secretary Attest: t Secretary Default — mediation mise City Manager Nueces County Water Control. & 1 + prove:ment District No. 3 a;le / Or manager Approved as to legal form: Veronica Ocanas Assistant City Attorney For City Attorney