HomeMy WebLinkAboutResolution - 5811 - Interlocal Agreement - LISD - Joint Use Parking Lot, Tract B-1 Dupree Addition - 03/26/1998RESOLUTION NO.5811
Item #42
March 26, 1998
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement
between the City of Lubbock and the Lubbock Independent School District for the
construction and joint use of a parking lot on LISD property in the northwest portion of
Tract B-1 Dupree addition. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 26th day of
ATTEST:
Ka a Darnell, City Secret
APPROVED AS TO CONTENT:
Tommy nzaleW,, M ' aging Director
of Civic Services
APPROVED AS TO FORM:
IN
ttorney
ALS: WLISD-PARK.RES
ccdocs/March 16, 1998
1998.
�• RESOLUTION NO. 5811
Item #42
March 26, 1998
INTERLOCAL AGREEMENT
BY AND BETWEEN
THE CITY OF LUBBOCK, TEXAS AND
LUBBOCK INDEPENDENT SCHOOL DISTRICT
WHEREAS, the City of Lubbock, Texas (herein called "City") desires to
construct a parking lot on certain property located in the northwest portion of Tract
B-1 Dupree Addition, to the City of Lubbock, Lubbock County, Texas, being more
particularly described as follows:
BEGINNING at a point which is the Northwest comer of Tract B-1,
Dupree Addition, to the City of Lubbock, Lubbock County, TX;
THENCE South along the West line of Tract B-1 a distance of 95.86
feet;
THENCE East a distance of 42.44 feet;
THENCE North a distance of 17.42 feet;
THENCE North 60 Degrees East a distance of 23.14 feet;
THENCE North a distance of 66.71 feet to a point on the North line of
Tract B-1 of the Dupree Addition;
THENCE West along the North line of said Tract B-1 a distance of
62.5 feet to the POINT OF BEGINNING; and
WHEREAS, the Lubbock Independent School District (herein called "LISD")owns
the above described property; and
WHEREAS, the LISD is willing to assist the City in funding the construction of the
parking lot (herein called the "Project") in return for mutual use of the parking; and
WHEREAS, pursuant to the authority granted and in compliance with V.T.C.A.,
Government Code §791.001 et seq. (the Interlocal Cooperation Act) and in
furtherance of the responsibilities of said parties as provided by law, the parties
agree as follows:
WITNESSETH
The parties to the agreement are the City of Lubbock, Texas and Lubbock
Independent School District.
ARTICLE 1. STATEMENT OF WORK
A. City Responsibilities:
1. The City shall oversee the construction of the Project.
2. The City shall document all cost associated with the Project and shall bill
LISD for forty percent (40%) of the total cost upon completion of the
Project.
B. LISD Responsibilities:
1. LISD agrees to pay for forty percent (40%) of the total cost of the Project.
LISD shall pay its share of the cost of the Project promptly when
presented with the bill by the City.
2. LISD grants to the City the right to jointly utilize, along with LISD, the
above described property for the purpose of parking motor vehicles
during the term of this Agreement.
ARTICLE 2. PERIOD OF PERFORMANCE
This Agreement shall remain if full force and affect for a period of twenty (20) years.
This contract may be renewed by the parties by giving written notice of its intention
to renew this contract for a period of an additional twenty (20) years. This contract,
having been renewed, may be renewed again in the same manner by the parties.
ARTICLE 3. TERMINATION
This agreement may be terminated by either party by the giving of one (1) years'
written notice of termination.
ARTICLE 4. ASSIGNMENT
This contract shall not be assignable by either party without the prior written
consent of the other party.
ARTICLE 5. SEVERABILITY
If any section of this agreement is declared invalid for any reason, the invalidity of
that section shall not affect the validity of any other section of this agreement, and all
other sections shall remain in full force and effect. It is declared to be the intention of
the parties that they would have executed all other sections of this agreement
without including any such part, parts, or portions that may, for any reason, be
hereafter declared invalid.
ARTICLE 6. OTHER AGREEMENTS
This instrument contains the entire agreement between the parties relating to the
rights granted and the obligations assumed in it. Any oral representations or
modifications concerning this instrument shall be of no force or effect unless
contained in a subsequent writing, signed by the party to be charged.
ARTICLE 7. MODIFICATIONS
This contract may not be enlarged, modified, or altered except by a written
instrument signed and endorsed by the parties.
ARTICLE 8. HOLD HARMLESS
Each party hereto agrees to hold the other party harmless from any claim for
damages arising out of the acts or omissions of its own agents or employees to the
extent permitted by the Constitution and laws of the State of Texas.
ARTICLE 9.AUTHORIZATION
This Agreement shall be duly authorized by the governing body of each party as
evidenced by the signatures of each chief executive officer who has signed herein
below. Each party paying for the performance of governmental functions or services
pursuant to this agreement shall make payments therefor from current revenues
available to the paying party and be in an amount that fairly compensates the
performing party for the services or functions performed under this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement this a—o2(o
day of 1998.
CITY OF LUBBOCK:
DIS CT.
'e5 J�W_ —
WINDY SITT N, MAYOR
LUBBOCK INDEPENDENT SCHOOL
PRESIDENT
ATTEST- ATTEST: 1 J- 4koj/ 7 k 0,
Kayt(p Darnell, City SecrelMy Responsible Officer
APPROVED AS TO CONTENT:
jftnM'U A"
Tommy G nzale , M naging
Director of GwItuFeiwxFtv=re G ,d-