HomeMy WebLinkAbout028010 RES - 01/13/2009RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
WITH TEXAS A&M UNIVERSITY - CORPUS CHRISTI IN
CONNECTION WITH THE CITY OF CORPUS CHRISTI
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
(TPDES) PERMIT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute an
Interlocal Cooperation Agreement with Texas A&M University - Corpus Christi in
connection with the City of Corpus Christi Municipal Separate Storm Sewer
System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit.
ATTEST:
Armando Chapa
City Secretary
ret,
APPROVED AS TO FORM: 30 -Dec -08
Veronica Ocanas
Assistant City Attorney
For City Attorney
028010
CI OF CORPUS CHRISTI
ry G. rrett
Mayor
H:\LEG-DIR\VeronicaO\4. STORMWATER\ agenda it e m s\11309\11309 RESO Interlocal TAMU-CC
Conermittee. TPDES Permit.doc 1 nc 1
I?) day of90..n 2009.
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
0281E
H\LEG-DIR\Veronica0\4. STORMWATER\ agenda items \11309\11309 RESO Interlocal TAMU-CC
Cooermittee. TPDES Permit.doc o .,c o
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI & TEXAS A&M UNIVERSITY- CORPUS CHRISTI
CONCERNING THE
CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES)
PERMIT No. WQ0004200000
This Agreement is entered into the _ day of , 2008, by and between THE CITY
OF CORPUS CHRISTI, a Texas home -rule municipal corporation ("City") and political subdivision of the
state, and Texas A&M University - Corpus Christi, a member of The Texas A&M University System, an
agency of the State of Texas ("TAMU-CC"), each of which has been authorized by its respective
governing body through an appropriate Ordinance, Resolution, or Order to enter into this agreement and
is acting by and through its duly authorized agents, sometimes collectively referred to herein as the
"Parties," "co -permittees," or "permittees."
WHEREAS, on August 11, 2008, the Texas Commission on Environmental Quality (TCEQ)
issued TPDES Permit No. WQ0004200000 (the "Permit"); and
WHEREAS, the Permit requires co -permittees to enter into an agreement that sets forth their
respective rights, responsibilities, and obligations as co -permittees, the subsequent operation of their
respective MS4, and the implementation of their respective storm water management programs pursuant
to said TDPES Permit; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code authorizes
local governments to contract to the greatest possible extent, with one another and with agencies of the
state; and
WHEREAS, the support contemplated by this agreement is of mutual interest and benefit to
TAMU-CC and City; it will further the Permit objectives, in a manner consistent with their status as co -
permittees;
NOW, THEREFORE, the Parties agree as follows:
1. RESPONSIBILITIES OF THE PERMITTEES. Each permittee is individually responsible for:
a. Compliance with permit conditions relating to discharges from portions of the MS4 for
which they are the operator;
b. Storm Water Management Program (SWMP) implementation on portions of the MS4 for
which they are operator;
c. Compliance with annual reporting requirements;
d. Collection of representative wet weather monitoring data, according to such agreements
established between Permittees; and
e. A plan of action to assume responsibility for implementation of the storm water
management and monitoring programs on their portions of the MS4 should inter -
jurisdictional agreements allocating responsibility between Permittees be dissolved or in
default.
2. SHARED RESPONSIBILITIES.
a. Spill Prevention and Response. If either the City or TAMU-CC becomes aware of a spill,
disposal, leak, discharge, or other release of oil, pollutant or any hazardous substance in
an amount that may be harmful, and that may flow, leak, enter, or otherwise be introduced,
or threaten to be released, into the MS4 operated by the other ( an "Incident"), the City or
TAMU-CC, as the case may be, shall promptly notify the other party of the Incident,
describing the location and source of the release, the type of substance, the concentration
and the volume (if known), and any corrective action known to have been taken.
• TAMU-CC shall notify City of any Incident by calling the City's Customer Service
CaII Center at (361) 826-2489.
• City shall notify TAMU-CC of any Incident by calling TAMU-CC at (361) 825-5555.
b. The City and TAMU-CC agree to use all reasonable efforts to regulate and otherwise
control, to the extent of the jurisdiction and authority of each, contaminated storm water
discharged onto the property of the other party.
c. In exchange for any goods or services provided by the City, TAMU-CC shall reimburse the
City for costs incurred by contributing material and/or manpower to the City's Storm Water
educational activities, providing meeting space, and/or assistance with public surveys, as
funding allows, with written approval by both parties.
d. In the event that the costs for the goods and services provided by the City are not covered
by the exchange of services or materials described in subparagraph c above, the parties
shall agree in writing to these costs prior to incurring such cost.
3. TERM. This Agreement becomes effective upon approval of the Corpus Christi City Council and final
signatures of the City and TAMU-CC and will renew annually so long as the initial term and any
subsequent renewal periods do not exceed five (5) years unless terminated by either Party under the
terms of this Agreement.
4. TERMINATION. This Agreement may be terminated by any of the following methods:
a. By mutual consent of the signatories or their designees, with the approval of the TCEQ.
b. By either party, upon failure of the other party to fulfill its responsibilities and obligations as
set forth in this Agreement, and with the approval of the TCEQ.
c. If termination is due to the failure of either party to fulfill its obligations under this Agreement,
the other party shall be notified in writing that a possible breach of contract has occurred. The
noncomplying party shall then have 30 days after such notice to respond and/or cure such
alleged breach of contract before this Agreement may be terminated. If 30 days elapses after
notice without a cure of such alleged breach, the TCEQ shall be notified that a possible
termination may occur.
5. NOTICES. Except for the calls required under the Spill Prevention and Response Notification
under § 2A of this Agreement, all notices to parties under this Agreement shall be in writing and
sent to the names and address stated below. Either party to the Agreement may change the name
and address by notice to the other in accordance herewith, and any change shall take effect
immediately upon receipt of the notice.
TO TAMU-CC:
Texas A&M University -Corpus Christi
Attn: Coordinator, Environmental, Health & Safety Department
Natural Resources Center, Suite 1100
6300 Ocean Drive, Unit 5876
Corpus Christi, TX, 78412-5876
TO CITY:
City of Corpus Christi
Attn: Environmental Services Superintendent
Storm Water Department
P.O. Box 9277
Corpus Christi, TX, 78469-9277
6. LIABILITY. To the extent allowed by the Constitution and Laws of the State of Texas, TAMU-CC,
and City agree that each party assumes any and all risks of liability, loss, damages, claims, or causes of
action and related expenses, including attorney fees, caused or asserted to have been caused directly
or indirectly by or as the result of the negligent acts or omissions of that party and the officers,
employees, and agents thereof.
7. TCEQ. All references herein to the TCEQ shall be deemed to mean any successor agency to it, if its
successor is delegated authority to administer the TDPES permit program.
8. SUCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the
Parties and their respective successors and assigns, but this provision shall not be considered to
permit any assignment by a party of any of its rights or obligations under this Agreement as expressly
provided in this Agreement.
9. SEVERABILITY. Each provision of this Agreement shall be considered to be severable, and if any
one or more of the provisions herein are for any reason held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof,
and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein.
10. VENUE. This agreement shall be construed in accordance with the laws of the State of Texas.
SIGNATORIES:
CITY
TAMU-CC
By: By:
Angel R. Escobar, P.E.
City Manager vNic..\
City of Corpus Christi Texas A&M University-Corpis Christi
ATTEST:
By:
Armando Chapa
City Secretary
Acknowledgement
Sworn and subscribed before me, the undersigned authority, on this the _ day of
2008, by (printed name) whose title is
Texas A&M University -Corpus Christi, who on his oath deposed that he did make the
foregoing instrument on behalf of the University and that he has the legal capacity to do so.
Approved as to form this ilk day of (Y.t-2008:
Mary K .Fischer, City Attor ey
By:
Veronica Ocatfas
Assistant City Attorney
for City Attorney