HomeMy WebLinkAboutC2008-079 - 3/11/2008 - ApprovedINTERLOCAL AGREEMENT
FOR MANAGEMENT OF GROUNDWATER WITHIN
THE BOUNDARIES OF THE
CORPUS CHRISTI AQUIFER STORAGE AND
RECOVERY CONSERVATION DISTRfCT
This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas
("City") and the Corpus Christi Aquifer Storage and Recovery Conservation District
("CCASRCD").
Recitals
WHEREAS, CCASRCD was established by the Texas Legislature, as an independent
political subdivision of the State of Texas, with its own authority and duties established by
State law, to develop and protect municipal aquifer storage areas created by the City of
Corpus Christi,
WHEREAS, the City appoints the CCASRCD's board of directors,
WHEREAS, CCASRCD does not have the authority to tax, issue bonds, or use the power
of eminent domain, bu# does have the authority to raise revenue through permit fees and
fees for service,
WHEREAS, the activities of the CCASRCD are intended to support the City's potable
water storage and distribution system, the activities of the CCASRCD need to be closely
coordinated between the two entities, and
WHEREAS, the purpose of this Agreement is #o clarify the roles of the City and CCASRCD
relating to the development and protection of municipal aquifer storage areas created by
the City of Corpus Christi,
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. Scope of Services.
a. The City will perform the following services for CCASRCD:
(1) Authorize City employees to serve as directors of the CCASRCD, without
compensation from CCASRCD.
(2) Allow the City Manager, or the City Manager's designee, to serve as the
General Manager of the CCASRCD, without compensation from CCASRCD.
(3) Allow the Assistant City Manager to designate other City employees to perform
services for the CCASRCD, without compensation from CCASRCD.
2008-079
03/11/08
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CC Aquifer Stor. & Recov. Distr.
{4) As the agent of the CCASRCD, solicit, negotiate, and contract with consultants
to assist with CCASRCD functions.
(a) The City employees involved shall follow normal City procurement
policies.
(b) The Assistant City Manager, as CCASRCD Genera! Manager, is
authorized to execute contracts for consulting services that do not exceed
the limit at which competitive bids are required under the Texas Local
Government Code, as amended (which will be referred to in this Agreement
as the "procurement limit"), without the approval of the CCASRCD Board of
Directors.
(c) Contracts for consulting services over the procurement limit must be
approved by the CCASRCD Board of Directors before it is executed.
(d) The City shall reimburse the CCASRCD for the costs of any contracts for
consulting services.
{e) Before any contract for consulting services that will involve an
expenditure over the procurement limit is executed, the CCASRCD shall
obtain the concurrence of the City Council.
{5) All City employees acting as agents for the CCASRCD shall comply with both
the City's and CCASRCD's codes of ethics. Acting far both the CCASRCD and
City in the same or related matter is nat considered a conflict of interest under
either code of ethics.
{6) Authorize City employees to travel on CCASRCD business, and reimburse the
City employees for any travel expenses under applicable City travel policies and
procedures.
(7} Maintain the financial records of the CCASRCD. The records must be
maintained as separate funds, and shall be maintained under applicable City
policies and procedures as applied to other City funds.
(8) Invest any CCASRCD funds. The CCASRCD funds must be invested under
applicable City policies and procedures in the same manner as the City invest its
own funds.
(9) Maintain and manage the records of and information acquired by the
CCASRCD.
(a) The CCASRCD's Records Management Program and Records
Retention Schedule are modeled on the City's Retards Management
Program and Records Retention Schedule.
CCASRCD WTERLOCAL AGREEMENT.doc 2
(b) The CCASRCD General Manager is the CCASRCD Records
Management Officer. The City Secretary will assist the CCASRCD Records
Management Officer.
(c) The CCASRCD board designates the City Secretary, or hislher designee,
as the Public information Coordinator to satisfy the training requirement of
Texas Government Code, Section 552.012.
{10) As agent far the CCASRCD, build, acquire, or obtain property and install
improvements and facilities.
(a) The City shall reimburse the CCASRCD for 100% of the costs incurred to
acquire or obtain property and to install or construct improvements and
facilities.
{b) Before any property is acquired, capital improvements made, or facilities
constructed or installed, which costs more than procurement limit, the
CCASRCD shall obtain the concurrence of the City Council.
(11) Develop groundwater management plans, including:
(a) Regional comprehensive management plan with other groundwater and
surface water management enti#ies and
(b) CCASRCD management plan.
(12) Provide insurance coverage within the City's insurance plan for CCARSCD, its
officers and City staff performing duties far CCARSCD.
b. The CCASRCD will perform the following services for the City:
(1) Adopt rules relating to the following, if necessary to protect the City's aquifer
storage and recovery wells and system, before the wells and system are placed
into operation:
(a) Limits on groundwater production,
(b) Spacing of wells,
(c) Conservation, preservation, protection, and recharge of groundwater,
{d) Subsidence control,
(e) Prevention of degradation of water quality, and
(f) Prevention of waste of groundwater.
(2) Enforce the CCASRCD rules by injunction, civil penalties, and other remedies.
CCASRCD INTERLOCALAGREEMENT.doc 3
(3) Build, acquire, or obtain property and install improvements and facilities.
{4) Purchase, sell, transport, and distribute surface water and groundwater, in
consultation with the City. All contracts for the purchase, safe, transport, or
distribution of surface or groundwater must be approved the City's City Council
before it is executed.
(~) Conduct surveys of groundwater.
(6) Conduct research.
{7) Require submission of accurate well driller logs for wells within the CCASRCD
boundaries.
{8) Require permits far drilling, equipping, operating, completing, or substantially
altering wells and well pumps within the CCASRCD boundaries.
(9) Regulate well spacing and production.
(10) Require the closing or capping of open and uncovered wells.
(11) Regulate the transfer of groundwater outside CCASRCD.
(12} Adopt appropriate permit fees and fees for service to provide revenue for
CCASRD activities.
(13) Provide reimbursement to the City for expenses incurred under this
Agreement, when sufficient revenue exists in CCASRCD accounts for such
reimbursement.
2. Budgets.
a. CCASRCD shall prepare and submit to the City's budget ofFce a budget for its activities
that includes projections of expenditures that the City is required to reimburse during the
City's next fiscal year.
b. The City Council shall review and approve the portion of the CCASRCD budget that is
funded by the City, as part of its approval of the City budget.
c. The expenditure for any ifems that are specifically identified in the CCASRCD budget
that was approved by the City Council is considered to have been approved by the City
Council.
d. Amendments to the budget may be made during a fiscal year with the approval of the
City Council.
3. Other Agreements, Supplementary Agreements and Protocols. The Parties are
encouraged to enter into additional agreements and protocols as convenient or necessary.
CCASRCD INTERI.oCALAGREEME~}T.doc L~
4. Implementation. The City Manager and CCASRCD General Manager are 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.
5. Participation Notice. Each Party shall notify the other Parties of its participation in this
Agreement by furnishing an executed original of the attached Participation Notice.
6. 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.
7. Administrative Services. The City agrees to provide administrative services
necessary to coordinate this Agreement, including providing Parties with a current list of
contact information for each Party.
8. Federal and State Participation. Federal and state entities and other local
governments may participate in this Agreement, to the extent of any limitations of their
authority, by furnishing an executed original of the attached Participation Notice to the City.
9. 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.
10. 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 Agreement shall be for a term of one year, and shall
be automatically renewed annually, unless any party its participation by giving written
notice to the other parties at least sixty days before the end of each annual term.
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 force and remain binding on the remaining Parties.
11. Oral and Written 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 writing and are contained in this
Agreement.
12. 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.
CCASRCD INTERLOCALAGREEMENT.doC rJ
13. 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.
14. 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 force and effect.
15. Validity and Enforceability. 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.
16. 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.
17. Exercise of Police Power. This Agreement and all activities under this Agreement
are undertaken solely as an exercise of the police power of the Parties, exercised for the
health, safety, and welfare of the public generally, and not for the benefit of any particular
person or persons and the Parties shall not have nor be deemed to have any duty to any
particular person or persons.
18. City policies and procedures to control. In activities conducted or performed by
City staff under the terms of this Agreement, City staff shall conform to applicable City
policies and procedures, as though the staff member was performing a City task or duty.
19. 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.
20. 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,
ofi insurance orself-insurance it should maintain for such situations.
21. 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 performance of this
Agreement, except those caused in whole or in part by the negligence of an officer,
employee, or agent of another Party.
22. Notices.
a. Notices under this agreement may be delivered by mail as fiollows:
CCASRC~ INTERLOCAL AGREEINENT.doc G
City:
City of Carpus Christi
Attn: City Manager
P.O. Box 9277
Carpus Christi, Texas 78469-9277
CCASRCD:
Corpus Christi Aquifer Storage and Recovery Conservation District
Attn: General Manager
P.O. Box 9277
Corpus Christi, Texas 78469-927
b. The parties to this agreement may specify to the other party in writing another address
for notice.
23. Amendments to Agreement.
a. This Agreement may not be amended except by written agreement approved by the
governing bodies of the Parties.
b. No officer or employee of any of the Parties may waive or otherwise modify the
limitations in this Agreement, without the express action of the governing body of the
Party.
24. Captions. Captions to provisions of this Agreement are for convenience and shall not
be considered in the interpretation of the provisions.
25. 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.
CORPUS CHRISTI AQUIFER STORAGE AND
RECOVERY CONSERVATION DISTRICT ATTEST:
By:
Oscar Martinez, Presi ent
Date: ~ - ~ • o
Fred Segundo, Secretary
~.lr ~ A
Date:
CCASRCD INTERLOCAL AGREEMENT.doc 7
CITY OF CORPUS CHRISTI
ATTEST
Arma o Chapa
City Secretary
APPROVED AS TO FORM:
This ~_day of ~, 2008
t~
Gary .Smith
Assistant City Attorney
For City Attorney
By:
G rge K. Noe
City Manager
,~~~.~L.".~. ALI~NIkt1t4~
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.C. _
SEAR' ~~
CCASRCD WTERLOCALAGREEMENT.doc $
PARTICIPATION NOTICE
I hereby notify the Parties that Corpus Christi Aquifer Storage and Recovery Conservation
District has approved participation in the Interlocal Agreement for Management of
Groundwater within the Boundaries of the Carpus Christi Aquifer Storage and Recovery
Conservation District, by lawful action of its governing body, a true copy of which is
attached and incorporated in this Agreement.
~~3~~~
Fred Segu Date
Secretary
CCASRCD iNTERLOCAI. AGREEMENT.doc 9
PARTICIPATION NOTICE
I hereby notify the Parties that the City of Corpus Christi has approved participation in the
interlocal Agreement for Management of Groundwater within the Boundaries of the
Corpus Christi Aquifer Storage and Recovery Conservation District, by lawful action of its
governing body, a true copy of which is attached and incorpora#ed in this Agreement.
____ 3/-Y~~~
Armando Chapa Y Date
City Secretary
CCASRCD INTERLOCAL AGREEMENT.doc .~ a