Loading...
13-R-107 - ILA CCMA 16-Inch Reclaimed WaterlineINTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE This Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding the Relocation of a 16 -inch Reclaimed Waterline (the "Agreement ") regarding the payment by the City of Schertz, Texas, a Texas municipal corporation (the "City "), to the Cibolo Creek Municipal Authority, a conservation and reclamation district created and operating pursuant to Article XVI, § 59 of the Texas Constitution (the "Authori "), of One Hundred Thirty-Five Thousand Eighty -Six and N01100 Dollars ($135,086.00) for expenses related to the relocation of 16" High Pressure Reuse Line owned by the Authority and located on Live Oak Road at Schertz Parkway (the "Waterline ") and regarding the Authority's relocation of said Waterline, is entered into between the City and the Authority, to be effective as of the date on which the last Party signs this Agreement (the "Effective Date "). The City and the Authority are collectively referred to herein as the "Parties" and are each a "Party ". WITNESSETH: WHEREAS, the Authority is the regional agency designated to provide regional wastewater service in the Cibolo Creek Watershed in the vicinity of the City; and WHEREAS, the City is faced with future growth within its city limits in the vicinity of Live Oak Road and Schertz Parkway; and WHEREAS, the City believes it is in the best interest of the City to relocate the Waterline based on the cost of relocation versus the cost estimates to repair one or two potential future breaks in the Waterline if the Waterline is located under the road; and WHEREAS, to assist the Authority in its efforts in, and for the purposes of, relocating the Waterline, the City of Schertz hereby agrees and agreed by Ordinance No. 13 -T -57 to fund the sum of One Hundred Thirty -Five Thousand Eighty -Six and No /100 Dollars ($135,086.00) from the Water Construction Funds to the Authority; and WHEREAS, the Authority and the City, exercising their respective mutual authorities, wish to enter into this Agreement to set forth the terms and conditions related to the City's advancement of funds to the Authority for relocation of said Waterline; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services, and pursuant to Chapter 791, Texas Government Code, as amended, and the general and special laws of the State of Texas, the Parties are authorized to enter into this Agreement. AGREEMENT: NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are acknowledged, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: I. Advancement of Funds 1.1 The City agrees to advance funds to the Authority in the sum of One Hundred Thirty- Five Thousand Eighty -Six and No /100 Dollars ($135,086.00) (the "Funds ") for use by the Authority to relocate the Waterline. 1.2 The City will advance such Funds to the Authority at such time as the Authority has entered into a contract, containing terms mutually agreeable to the Authority and the City, for relocation of said Waterline (the "Relocation Contract "). 1.3 The Funds shall be used by the Authority solely for the purpose of relocating the Waterline in accordance with the Relocation Contract. Any Funds not expended for the relocation of the Waterline shall promptly be returned by the Authority to the City. 1.4 The Authority shall enter into a Relocation Contract no later than January 10, 2014, and the Authority shall complete, or cause to be completed, the relocation of the Waterline no later than July 10, 2014. II. Binding Effect; Benefiting Parties 2.1 This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Party. 2.2 This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. III. Governmental Functions; Liability; No Waiver of Immunity or Defenses 3.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 3. 1.1 The services provided for herein are governmental functions, and the City and the Authority shall be engaged in the conduct of a governmental function while providing and/or performing any service pursuant to this Agreement. -2- 3.1.2 The relationship of the Authority and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 3.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the Parties. 3.2 Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the Authority shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 3.3 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. IV. Notices 4.1 All correspondence and communications concerning this Agreement shall be directed to: SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager With a copy to: Denton, Navarro, Rocha & Bernal, P.C. 2517 N. Main Ave. San Antonio, Texas 78212 Attention: Charles Zech AUTHORITY: Cibolo Creek Municipal Authority By mail: P.O. Box 930 Schertz, Texas 78154 By personal delivery: 100 Dietz Road Schertz, Texas 78154 Attention: Clint Ellis With a copy to: Adams & Flake, Inc. 1001 Pat Booker Road, Suite 200 Universal City, Texas 78148 -4199 Attention: Harry B. Adams III -3- Notices required hereunder shall be hand - delivered or sent by prepaid certified mail, return receipt requested. V. Severability 5.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. VI. Entire Agreement 6.1 This Agreement is the entire agreement between the City and the Authority as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. VII. Governing Law; Venue 7.1 All Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [Signatures and acknowledgements on the followingpages] -4- SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE RELOCATION OF A 164NCH RECLAIMED WATERLINE The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS By: Jo . KO el, City Manager THE STATE OF TEXAS COUNTY OF GUADALUPE § This instrument was acknowledged before me on the Ir I , day of D0 %P MVK-, 2013, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. [ Seal ] Cam - ary Public in and for the State of as AAAA oeeeee SARAH E. GON7AI F7 Notary Public state of Teas o,o My Comm.Exp.10-31 -2016 S -1 SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE CIBOLO CREEK MUNICIPAL AUTHORITY By: 0 1 — Clint Ellis, General Manager THE STATE OF TEXAS COUNTY OF GUADALUPE tk This instrument was acknowledged before me on the /y day of 2013, by Clint Ellis, the General Manager of the Cibolo Creek Municipal Authority, on behalf of said entity. [ Seal ] EShirley R Taylor ylMy Commission Expres a� 07/03/278 S -2 Notary Public in and for the State of Texas RESOLUTION NO. 13 -R -107 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING ADVANCEMENT OF FUNDS BY THE CITY TO THE CIBOLO CREEK MUNICIPAL AUTHORITY FOR THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding the Relocation of a 16 -inch Reclaimed Waterline, in the form attached hereto as Exhibit A (the "Agreement ") regarding the relocation of a 16 -inch reclaimed waterline owned by the Authority and located on Live Oak Road at Schertz Parkway (the "Waterline "); and, WHEREAS, Cibolo Creek Municipal Authority, a conservation and reclamation district created and operating pursuant to Article XVI, § 59 of the Texas Constitution (the "Authority "), is the regional agency designated to provide regional wastewater service in the Cibolo Creek Watershed in the vicinity of the City; and WHEREAS, the City is faced with future growth within its city limits in the vicinity of Live Oak Road and Schertz Parkway; and WHEREAS, the City believes it is in the best interest of the City to relocate the Waterline based on the cost of relocation versus the cost estimates to repair one or two potential future breaks in the Waterline if the Waterline is located under the road; and WHEREAS, to assist the Authority in its efforts in, and for the purposes of, relocating said Waterline, the City agreed by Ordinance No. 13 -T -57 to fund the sum of One Hundred Thirty -Five Thousand Eighty -Six and No /100 Dollars ($135,086.00) from the City's Water Construction Funds to the Authority; and WHEREAS, the Authority and the City, exercising their respective mutual authorities, wish to enter into the Agreement to set forth the terms and conditions related to the City's advancement of funds to the Authority for relocation of said Waterline; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services, and pursuant to Chapter 791, Texas Government Code, as amended, and the general and special laws of the State of Texas, the Parties are authorized to enter into the Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Authority pursuant to the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Authority in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10 "' day of December, 2013. CITY O RT S Michael R. Carpenter, Mayor ATTEST: 1 a Dennis, City Secretary (CITY SEAL) 50702102.2 - 2 - EXHIBIT A INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE 50702102.2 - 3 -