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Home My WebLink AboutC2015-066 - 4/28/2015 - Approved I INTERLOCAL COOPERATION AGREEMENT FOR PLAT OF AGRICULTURAL BUILDING This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and the Tuloso-Midway Independent School District("District")acting by and through its governing body,the Board of Trustees. RECITALS WHEREAS, District has applied for a plat under the City's Unified Development Code ("UDC")to build a new building for its student agricultural programs near the district high school; WHEREAS, under the UDC, in order for the plat to be approved, the District must comply with city master plans and other plans, including the master transportation plan, which contains a future extension of Warrior Street along the west property line of the proposed Subdivision called Tuloso Midway High School Agricultural Complex, Block 1, Lot 1,the property being platted; WHEREAS, District may spend the public school funds of the District only as provided in Texas Education Code §45.105 for purposes necessary in the conduct of the public schools, and District has expressed concerns about the necessity of building the street or of transferring cash at this time under 8.1.13 of the UDC regarding future half streets; WHEREAS, City wishes to facilitate the approval of the plat and construction of the needed facility and is willing to accept an agreement for future funding of the District's portion of the street as required by Texas law, the City's UDC and City Ordinance when future development of adjacent properties and construction of the public street improvement occur, due to the nature of the District's status as a fellow public entity reporting to the local taxpayers; NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ("Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to facilitate the future payment of funds from District for its portion of the cost of the half street needed to comply with the City's master transportation plan as required by Texas law, the City's UDC and City Ordinance when future development of adjacent properties and construction of the public street improvement occur. 2015-066 4/28/15 Res. 030488 INDEXED Tuloso-Midway ISD SECTION 2. CITY COVENANTS a) City will process the District's plat application promptly and work cooperatively with District and District's representatives in this process. b) City will present the Final Plat to the Planning Commission for Approval. c) City will perform ministerial actions necessary to record the plat and related documentation. d) City will expeditiously review District submittals to facilitate issuance of a building permit for the District's agricultural building project. SECTION 3. DISTRICT COVENANTS a) District will comply with City assessments for public street improvements as required by Texas law, City Ordinance and the UDC as provided in 3(b)below. b) In lieu of building the partial street or funding immediately a share of the cost for the future half street to be located adjacent to the agricultural building property, District promises to pay to City at the time of construction of the public half-street improvement the correct amount of District's share of the cost for the half-street as required by Texas law,the City's UDC and City Ordinance, and within 60 days of notification from the City of actual development of adjacent property and construction of the public street improvement. c) District will dedicate required right-of-way on plat per the Future Transportation Map for future road. SECTION 4. FUNDS AND PAYMENT. Each Party which performs services under this Agreement shall do so with funds available from its current revenues. SECTION 5. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code. Page 2 of 5 SECTION 6. IMMUNITY NOT WAIVED. Nothing in this Agreement, including the execution and performance of the covenants contained in this Agreement, is intended to or may constitute a waiver or limitation of any governmental, official, or other immunity, defense, or other protection afforded under state and federal law to any Party or its officers, employees, representatives, and agents. SECTION 7. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties. SECTION 8. AMENDMENTS TO AGREEMENT. Unless otherwise provided herein, this Agreement may only be amended by written instrument duly executed on behalf of each party. The City authorizes the City Manager and the District authorizes the Superintendent to execute subsequent amendments, limited to non-substantive modifications that do not require the appropriation of funds, without further approval from the governing bodies. SECTION 9. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed properly delivered when actually received or, if earlier, on the seventh (7th) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have theretofore prescribed by notice to the sending Party: City: District: City of Corpus Christi Tuloso-Midway Independent School District Attn: City Manager Attn: Superintendent of Schools Post Office Box 9277 9760 La Branch Street Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78410 SECTION 10. ENTIRE AGREEMENT. This Agreement, representing the entire agreement between Parties, supersedes any and all prior agreements between Parties, whether written or oral, relating to the subject matter of this Agreement. No officer or employee of either Party may waive or otherwise modify the limitations in this Agreement without the express action of the governing body of the Party or its duly authorized agents. Page 3 of 5 SECTION 11. SEVERABILITY. In the event any term, covenant, or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained,provided that such invalidity does not materially prejudice either City or District in their respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable and continue in full force and effect. SECTION 12. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of any 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. As so modified,this Agreement continues in full force and effect. SECTION 13. LAWS AND VENUE. City and District shall comply with all federal, state, county, and local laws, ordinances, rules, and regulations applicable to this Agreement and each Party's respective performance thereunder. This Agreement shall be interpreted according to Texas laws governing the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. SECTION 14. CAPTIONS. Captions to provisions of this Agreement are solely for convenience and shall not be considered in the interpretation of any provision. SECTION 15. NON-ASSIGNMENT. District shall not assign or transfer, in whole or in part,directly or indirectly, any of its rights or obligations hereunder without the prior written consent of City, and any attempt of assignment or transfer without such consent shall be void. However,this Agreement is binding upon the parties to this Agreement and their respective successors in office. Page 4 of 5 • , ' i SECTION 16. WARRANTY. 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 the Agreement. CITY OF CORPUS CHRISTI TULOSO MIDWAY INDEPENDENT SCHOOL DISTRICT i*i4C1si1 / , ...— J.3/24 5 kkirge Yaide ate) Paul ostella (Date) City Manager/Designee President, School Board of Trustees ATTEST: I ?_47-1a . ' Rebecca Huerta (Date) Dr. Sue Nelson (Date City Secretary c/57(S---- Superintendent APPROVED AS TO FORM: I. ito City A ‘rney's OfficeVs., .00, t1/2-Seut ,... Si DI NCIL 14- 2-_ 15 iicernQV Page 5 of 5