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Home My WebLink AboutC2011-419 - 11/15/2011 - ApprovedCOUNTY ROAD 69 IRRIGATION CANAL INTERLOCAL AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § 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 79 1. 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 finds 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 4�0 (a) City, is in the process of rebuilding County Road 69, 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 69, the City will encroach upon the 2011 -419 11/15/11 Res 029285 Nueces Co. Water Control District INDEXED irrigation canal owned and maintained by the District to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 69. (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 69 established to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 69. The District is concerned that the rebuilding of County Road 69 in the location proposed by the City could adversely affect the structural integrity of the berm on the west side of the irrigation canal. The District is further concerned that the proposed reconstructed County Road 69 could create a risk of motor vehicles driving into the irrigation canal because of its close proximity to said road creating potential problems for the District with the Texas Commission on Environmental Quality, the state agency that regulates the District as it supplies all water to its customers located in its certificated area. h�adex- (c) The City, at no expense to the District, will provide a n curb with footings at a depth necessary to protect the structural integrity of the berm along the canal contiguous with CR 69 from the intersection of Farm to Market Road 624 to River Way Road (Bearing 34 + 00) or the City will provide the roll curb and railings along the canal contiguous with CR 69 from the intersection of Farm to Market Road 624 to River Way Road (Bearing 34 + 00). The City and the District agree that these improvements will address the concerns voiced by the District as set forth in paragraph (b) above. The City engineering staff will immediately take the steps to obtain a change order to the existing contract(s) for the reconstruction of County Road 69 so that these improvements can be completed along with the reconstruction of CR 69. � 3 (d) The District is also aware that there is some concern by the City that a portion of the roadway for CR 69 encroaches on a portion of the right -of -way owned and maintained by the District where the irrigation canal is located. The District staff has obtained the approval of the Board of Directors of the District to waive any claim that the District may have against the City for such encroachment and has further obtained the approval of the Board of Directors for the District Manager, on behalf of the Board of Directors and the District, to execute any and all documents necessary to grant, sell and convey to the City an easement and the right and privilege to use any portion of County Road 69 and/or the right -of -way owned and maintained by the District for the irrigation canal contiguous to CR 69 for the purpose of constructing, improving and maintaining County Road 69 in Nueces County, Texas. (e) The use of the easement and the right and privilege to use any portion of County Road 69 and/or the right -of -way owned and maintained by the District for the irrigation canal contiguous to CR 69 for the purpose of constructing, improving and maintaining County Road 69 in Nueces County, Texas by the City shall not interfere with the Districts delivery of water for irrigation through the irrigation canal contiguous to County Road 69 to the owners and occupants of lands lying contiguous to County Road 69. (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 69. (g) The District is not responsible for the construction or maintaining of any portion of County Road 69. Section 6. 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 69. Section 7. Permits (a) The City is responsible for obtaining and maintaining any permits necessary or required to construct, improve and maintain County Road 69. (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 69. Section 8. Cijy 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 City Manager of City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 NUECES COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO.3 District Manager 501 East Main Street 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. + k 4 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. 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 September, 2011. Attest: City Secretary Attest: U "" X � h JJ L Di 0i t Secretary 1pr0* as to legai form: t Z0 -t[ f} y,��K/f4 Veronica Ocanas Assistant City Attorney For City Attorney City of Corpus Christi, Texas City Manager Nueces County Water Control & em ent District No. 3 ;2 stri anager & I LL AUTH( Kur-► •wrve,�f