HomeMy WebLinkAboutC2006-189 - 5/30/2006 - Approved
Corpus Christi Independent School District and City of Corpus Christi
Intergovernmental Agreement to Operate and Maintain
Souths ide Library
WHEREAS, the voters of Corpus Christi approved a $3.5 million bond issue in November,
2004 to construct. furnish. and equip a new branch library (Library) on the southside;
WHEREAS, In the spirit of cooperation, enhancing services and maximizing tax dollars, the
Corpus Chnsti Independent School District (District) and the City of Corpus Christi (City) desire to
construct the Library on District property at the Kaffie Middle School (School), 5922 Brockhampton,
Corpus Chnstl. Nueces County. Texas
WHEREAS, City and Distnct 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 fifty (50) years, subject to the other terms and conditions
of this Agreement, the land upon which the City will construct the Library and parking area (Leased
PremiseSl as described Exhibit A. attached hereto. together with the right of ingress and egress
thereto
B. Lease will be irrevocable so long as building constructed by City on Leased Premises is used
as a branch of the Citys public library system. If District ceases participation in joint operation of
Library or If Distnct ceases School operations at this site. lease will continue. Additionally, District
will continue to grant the rights of Ingress and egress even if District ceases participation in joint
operation of Library
C City may cease Library operations as defined below at the end of District's fiscal year, but the
2006-189
05/30/06
Res0268U7
(CI"I>
City will notify the Dlstnct r'o later than 120 days pnor to the end of the District's fiscal school year.
District may lease library from the City for a fee to be agreed upon at such time when City would
cease operations If the District does not exercise its option to lease the Library building, the parties
agree to enter Into negotiations for use of the Library building. District may cease participation in
joint operation at the end of City's fiscal year, but District shall notify the City no later than 120 days
prior to the end of City's fiscal year Upon termination of Joint operation of Library building, District
will retain nght to remove District property and the parties agree to enter into negotiations for use of
the Library bUilding
D. Cessation of operations occurs when (i) the City's or the District's governing body declares
that operations at the Library will cease and (ii) the City's or the District's governing body fails to
provide funds for library operations
E The City grants the District use of the Brockhampton Park, a city park adjacent to School, for
physical education classes conducted during school days. For the period of time that the classes
are being conducted, the District's use of the Park will be exclusive.
2. LOCATION
The Library will be built within the Leased Premises area Identified in attached Exhibit A.
The exact location of the Library within the Leased Premises will be subject to approval by the
District
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 Services Contract with Architect for the proper design of the
Library Library will be a freestanding structure, not affixed to any District building other than the
construction of a canopy by the City linking the Library to the School.
B. City has the authority to approve plans and specifications for the Library. The District shall
have an opportunity to review the plans and specifications and be allowed to provide input prior to
full completion of plans The District shall be represented on the City's Library Building Committee
2
by two District employees to be appointed by the Superintendent This committee serves in an
advisory capacity to the City Council. City will pay all costs for design of Library.
4. LANDSCAPING
City will landscape area within Leased Premises
5. 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 Distnct will guarantee access for construction, deliveries and any future improvements
undertaken by City to the Library Building within the Leased Premises. Curbs and cuts for a service
drive along the perimeter of the Leased Premises shall be at the discretion and expense of the City.
B City will install exterior lighting within Leased Premises.
C Costs associated with external directional signage will be the responsibility of the City.
6. FURNISHINGS AND EQUIPMENT
City will retain right to determine Interior design including furnishings and equipment. City will
purchase mitial furnishings for Library
7 UTILITIES
A City will provide all City utility connections
B City and District will develop plans for electrical and telecommunications needs.
8. OWNERSHIP OF LIBRARY AND CONTENTS
City owns the Library City will name the Library. Each party retains ownership of property it
brings Into the 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.
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9. 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 written approval by
District
10. LIBRARY PARKING AREA AND DRIVEWAY
A. City will construct a parking area with ninety-one (91) parking spaces within Leased
Premises the location of which will be subject to approval by the District. Of these ninety-one (91)
parking spaces, thirty-four (34) will de dedicated to school use (staff and visitors) during school
operations Distnct will pay a pro-rata share of routine maintenance based on the number of spaces
used
B
District and City will enforce deSignated parking spaces.
e
-'
City will provide lighting in parking area.
11.
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 the Distnct.
12. PREPARATION OF ANNUAL BUDGETS
A City and District will prepare annual budgets for the Library City and District staff will meet
and agree on schedules and recommended budgets by April 1 annually. 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, parking area maintenance, security,
telecommunication services, shared computer system maintenance, joint purchase agreements as
may be 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 for their
May 12,2006 (243PM)
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respective services
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 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
13. OPERATING AND MAINTENANCE EXPENSES
City and District will share Operating and Maintenance Expenses as follows:
A.. District Will share Library staffing responsibilities nights and weekends with City while School
is in session, excluding District holidays; one hundred eighty-seven (187 days) annually as of this
contract date. This provision is subject to change predicated on calendar adopted and incorporated
by Distnct
B City and District will each pay a portion of the following costs based on the percentage of
space primarily dedicated to school library functions The costs to be shared are: utilities, interior
cleaning service alarm monitoring Upon award of the construction contract, City and District will
finalize the percentage to be paid by each City will hire or contract for these interior services and
bill Distnct annually based on the agreed to formula. District will provide the following exterior
services mowing and grounds upkeep. Irrigation system maintenance, removal of graffiti. The
same formula as desCribed above will apply to these exterior services. District will hire or contract
for these extenor services and bill City annually based on the agreed to formula.
e District will provide security dunng School hours if District requires security. City will be
responsible for providing for security at such other times as City deems necessary.
D.
The City and the Distnct 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
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2: District will orovlde 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
31 District agrees to provide an initial staffing configuration of a minimum of three (3) full
time equivalents. comprised of full and part-time employees plus student workers as assigned. City
agrees to provide an initial staffing configuration of a 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.
14. LIBRARY POLICIES
A. The District acknowledges that City 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 policies. The City
acknowledges that the District policies currently in effect and as may be adopted or amended from
time to time are enacted at the discretion of the District. The parties acknowledge that District
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 'lours In accordance with all applicable federal and state laws, 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
measures deemed necessary to maintain an environment appropriate to conducting Library
activities City has no responsibility for students during school hours.
C. City and District will observe all applicable Weapons Laws and City smoking ordinances
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
May 12. 2006 (243PM)
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hours of operation and opening and closing procedures. with recommendations from District.
District will be granted access to library during school hours
E 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 and will
participate in the shared automated library system. which its high schools participate in, known
as L1NCC (Library Information Network of Corpus Christi).
1= 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 employees of
District for all purposes Any City employee assigned to work in the Library will possess the
necessary education and background and will remain employees of City for all purposes. City
and District employees will assist all patrons while on duty.
15. PURCHASE OF LIBRARY
!f 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.
16. PURCHASE OF LAND AND RIGHT OF FIRST REFUSAL
A If City desires to purchase the Leased Premises, 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 pnce
B If District. during the lease term, desires to sell all or any portion of the Leased Premises
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
17. NOTICE
Notice may be given by hand delivery or certified mail, postage prepaid, and is deemed
May 12.2006 (243PM)
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received on the day hand delivered or on the third day after deposit if sent certified mail. Notice will
be sent as follows
F fO CITY
City of Corpus Chnsti
Attention Director:)f Libranes
PO Box 9277
Corpus ChristL Texas 78469-9277
IF TO DISTRICT:
Corpus Christi Independent School District
Attn: Superintendent
POBox 110
Corpus Christi, Texas 78403-0110
18. RESOLUTION OF DIFFERENCES
A. The following matters are not subject to the resolution process identified herein:
1 ) Location of the Leased Premises.
(2) Matters concerning the design, construction, location 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 Matters that cannot be resolved informally at the Library between City and District
employees will be subject to the following process:
1) Level One: District School Principal and the City Branch Manager.
2) Level Two: District Coordinator of Library Services and the City Director of Libraries.
3) Level Three District Superintendent and City Manager
4) Level Four: District Trustees and City Councilor 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.
19. 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
May 12,2006 (2:43PM)
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and in no way may be construed to be for the benefit of any third party.
20. AMENDMENT
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 be
approved by the City Manager or designee on behalf of the City and the Superintendent or designee
on behalf of District
21. 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.
22. 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.
23. 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.
24. INCORPORATION OF EXHIBITS
All exhibits referred to in this Agreement are intended to be and are hereby specifically made
a part of this Agreement.
25. COMPLIANCE WITH LAW
ThiS Agreement is subject to all Federal laws, laws of the State of Texas, City ordinances,
and regulations promulgated thereunder
26. EFFECTIVE DATE OF AGREEMENT
May 12.2006 (2:43PM)
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fhiS Agreement wid begin upon approval by City Council and District Board of Trustees.
AGREED TO BY
CITY OF CORPUS CHRISTI
By:
Date
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Approved as to legal forl1l:
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By: i \J~r]i~:6f~na~ 7tl'.'
Assistant City Attorney
For City Attorney
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CORPUS CHRISTIINDEPEN9f=NT SCHOOL DISTRICT
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By: II /a.,--./',{ -f~:_ Date: 5 -- .2f,.. ot'
, Dr' Manuel Aores
President, Bo~rd of Trustees
By:
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Kelley' l ~ !------
interim Superintendent of Schools
Date: ,I;....;2.. 4--0k
Approved as to legal form
By: S-S~ /'L___
-& '~pflen ~il~;~'::!?7
Attorney for CCISD
May 12,2006 (2:43PM)
10
4321 - SOlJTHSIDE LIBRARY LEASE AREA
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 2.06 Acres (89,867 Sq. Ft.) of land out of Lot 2, Block 1,
Amended Plat of Kaffie School Subdivision as shown on plat thereof recorded in Volume
52, Pages 78-79 of the Map Records of Nueces County, Texas. This 2.06 Acre Tract being
more particularly described by metes and bounds as follows:
COMMENCING at the southerly corner of Lot 1, Block 1, Amended Plat of Kaffie School
Subdivision, as recorded in Volume 52, Pages 78-79 of the Map Records of Nueces County,
Texas
THENCE S28052'15"W along the northwesterly right-of-way line of Brockhampton Street a
distance of 224 38' to a set 600 nail, being the Point of Beginning of this tract;
THENCE S28052'15"W continuing along the northwesterly right-of-way line of Brockhampton
Street a distance of 380. '18' to a set 5/8" Iron Rod stamped "City of Corpus Christi, TX", being
the southerly corner of this tract;
THENCE N61 o07'45"W through Lot 2, Block 1, said Kaffie School Subdivision, a distance of
50.26' to a set 5/8" Iron Rod stamped "City of Corpus Christi, TX", being an angle point of this
tract;
THENCE N52048'41"W continuing through said Lot 2 a distance of 49.65' to a set Drill Hole,
being an angle point of thiS tract;
THENCE N61 o07'45"W continuing through Lot 2 a distance of 160.62' to a set 5/8" Iron Rod
stamped "City of Corpus Christi, TX", being the southwesterly corner of this tract;
THENCE N28052'15"E continuing through said Lot 2 a distance of 328.00' to a set 5/8" Iron Rod
stamped "City of Corpus Christi, TX", being the northwesterly corner of this tract;
THENCE S61 o07'45"E continuing through said Lot 2 a distance of 170.00' to a set 5/8" Iron Rod
stamped "City of Corpus Christi, TX", being a corner of this tract;
Exhibit A
] of 4
THENCE N28052'15"E continuing through said Lot 2 a distance of 45.00' to a set 5/8" Iron Rod
stamped "City of Corpus Christi, TX", being the northerly corner of this tract;
THENCE S61 o07'45"E continuing through said Lot 2 a distance of 90.00' to the POINT AND
PLACE OF BEGINNING and containing 2.06 Acres (89,867 Sq. Ft.) of land.
Bearings are with reference the northwesterly right-of-way line of Brockhampton Street as
shown on the Amended Plat of Kaffie School Subdivision as recorded in Volume 52, Pages 78-
79 of the Map Records of Nueces County. Texas
State of Texas
County of Nueces
I, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing
fieJd notes were prepared by me from a land survey made on the ground under my direction.
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Russell D. Ochs
State of Texas License No. 5,241
This the 10TH day of May, 2006
Exhibit A
2 of 4
';TAn ,)f TEXAS
':;()UN~')F NUECf
RUSSELL D. OChS, REGISTERED PROFe,SIONAL LAND SURVEYOR
Of ') HE STATE OF 'EX:AS. HEREBY CERTIF TH,ol THS MAr WAS
PREPARED FROM .AN "CTUAL fiELD SURVE MADE ON THI ,;ROUND
JNDFR MY DlRECTiUN AND IS TRuE AND :ORRECT 0 [HE BEST
Of My KNOWLEDGf HIS THE ~."i':'_)AY OF 1"I-A't. 2006.
1l_AAAA(~ 1). 0(1 !'.
RUSSELL D. OCHS R.PL.S
TEXAS REGISTRATION NO. 524
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Scale In Feet
LEASE AREA FOR
SOUTHSIDE LIBRARY PROJECT
OWNER' CORPUS CHRISTI INDEPENDANT SCHOOL DISTRIC
BEING A TRACT OF LAND CONTAINING 2.06 At: (89,867 SQ 1'1')
OUT OF LOT 2, BLOCK 1. AMENDED PLAT OF KAFFlE SCHOOl SUBD.
AS RECORDED IN VOLUME 52. PAGES 78-'9 OF THE MAP
RECORDS OF NUECES COUNTY. TEXAS
BEARINGS ARE WITH REFERENCE TO THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF
BROCKHAMPTON ST. AS DESCRIBED ON PLAT
OF THE AMENDED PLAT OF KAFFIE SCHOOL SUBD.
RECORDED IN VOLUME 52. PAGES 78-79 OF
THE MAP RECORDS OF NUECES COUNTY, TEXAS.
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Exhibit A
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LINE TABLE
N61"07' 45"W
NST4S'41"W
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50.26'
49.6S'
4S.00'
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NOTE: SET S/8" IRON RODS
WITH PLASTIC CAP STAMPED
"CITY OF CORPUS CHRISTI
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TX AT ALL CORNERS UNLESS
NOTED OTHERWISE.
CITY of CORPUS CHRISTI. TEXAS
Department of Engineering Services
Survey Division 361-826-3500
'" R ~ 10.00'
o = 90'00'00'
l = 15.71'
Dote: 0.5/06/06
Drorm By: R. OCHS
Checked By: O. NE:SM1TH
Project: 432'.. SOYIHSIDC UBRN?Y NaY 2004
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