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HomeMy WebLinkAboutResolution - 2009-R0247 - Interlocal Agreement - TTU - Building Inspection Services - 06/23/2009Resolution No. 2009—RO247 June 23, 2009 Item No. 5.2 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 by and between the City of Lubbock and the Texas Tech University for Building Inspection Services. 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 City Council. by the City Council this 23rd day of June , 2009. TOM MARTIN, MAYOR ATTEST: Rebecca}Garza, City Secretary APPROVED AS TO CONTENT: Steve O'Neal, Building Official APPROVED AS TO FORM: Sims, gs/ccdocs/interlocal Agreement-TTU.res 6. l 1.09 Resolution No. 2009-RO247 STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT COUNTY OF LUBBOCK § THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to the Interlocal Cooperation Act (Chapter 791, Government Code) by and between the City of LUBBOCK, TEXAS hereinafter referred to as "CITY" and TEXAS TECH UNIVERSITY, hereinafter referred to as "TTU." WHEREAS, TTU is an institution of higher education of the State of Texas operating under the general laws of the State of Texas; and CITY is a home rule municipal corporation operating under the charter of the municipality; and WHEREAS, TTU owns the property located at 3513 10`h Street, Lubbock, Texas ("3513"), 3511 10a' Street, Lubbock, Texas ("3511"), and 2503 17`h Street ("2503"); and WHEREAS, TTU has leased 3513 and 3511 to the American Cancer Society and has leased 2503 to the Texas Tech Alumni Association; and WHEREAS, the American Cancer Society ("ACS") plans to construct, occupy and own the Hope Lodge Project, consisting of the Lodge Building at 3511 and the Administration Building at 3513, along with all necessary ancillary buildings and systems (collectively the "Lodge"); and WHEREAS, The Texas Tech Alumni Association ("TTAA") plans to construct, occupy and own an expansion to the already -existing Merket Alumni Center located at 2503 17th Street, along with all necessary ancillary buildings and systems (collectively the "Center"); and WHEREAS, TTU will not currently own the above-described buildings, but may obtain ownership at some future date upon the termination of the leases for the properties located at 3513, 3511 and 2503; and WHEREAS, ACS and TTAA, as private non-profit corporations, have requested City to conduct certain building inspection services to facilitate the construction of the Lodge and the Center, and TTU desires to grant permission for the City to enter the properties located at 3513, 3511 and 2503 for the purpose of conducting said building inspection services; and WHEREAS, CITY finds that it is in the best interest of the public's health safety and welfare and a public benefit to the citizens of Lubbock to provide building inspection services to facilitate the construction of the Lodge and the Center: INTERLOCAL AGREEMENT - LUBBOCK / TTU NOW THEREFORE, the following agreement is entered by and between CITY and TTU: 1. TERM. The term of this agreement shall be for a period of one (1) year commencing on the date of execution of the Agreement, subject to earlier termination as provided in paragraph 5. 2. CITY agrees to the following: a. CITY shall conduct the following activities on the properties located at 3513, 3511 and 2503 for the construction of the Lodge and the Center: Construction document plan review, permitting and field inspection services pursuant to Chapter 6, Articles I-V, VII and VIII of the City of Lubbock Code of Ordinances for all architectural, structural, plumbing, mechanical and electrical building systems. b. All activities conducted by the CITY as contemplated by this Agreement shall be governed by the City of Lubbock Code of Ordinances. All construction standards shall meet or exceed the standards set forth within Chapter 6, Articles I-V, VII and VIII of the City of Lubbock Code of Ordinances for all architectural, structural, plumbing, mechanical and electrical building systems. C. TTU shall ensure that the Storm Water Pollution Prevention Plan (SWPPP) is prepared and implemented, and that all Notices of Intent (NOI) are filed and permits obtained and posted on site. TTU shall provide oversight and compliance of the TCEQ Construction General Permit for Storm Water. d. Upon determination that the Lodge and the Center have met all applicable technical requirements, as determined by plan review and field inspection, a certificate of occupancy will be issued for each building by the CITY. However, in the case of the Center, a partial certificate of occupancy covering only the area within the scope of work shall be issued. e. CITY shall charge fees associated with all plan reviews, permits, contractor registrations, inspections and re -inspections to the Lodge and the Center per the City of Lubbock Code of Ordinances for any activities conducted pursuant to this Agreement. Procedural requirements for obtaining any plan review, permits, contractor registrations, inspections, re -inspections and a certificate of occupancy shall apply in the same manner as if the project were within the jurisdiction of the CITY, except that compliance with locally adopted ordinances and codes will be compelled only through the decision to issue or withhold a final certificate of occupancy. INTERLOCAL AGREEMENT - LUBBOCK / TTU 2 3. TTU agrees to the following: a. TTU shall grant permission to the CITY to enter the properties located at 3513, 3511 and 2503 for the purposes of conducting all activities contemplated by this Agreement. TTU does hereby acknowledge that the CITY has the authority, jurisdiction and right to enter the properties located at 3513, 3511 and 2503 for the purposes of conducting all activities contemplated by this Agreement. b. TTU understands and agrees that the CITY has the authority to charge fees associated with the activities contemplated by this Agreement to the Lodge and the Center in accordance with the City of Lubbock Code of Ordinances. 4. HOLD HARMLESS. To the extent authorized by law, the LUBBOCK and TTU shall each hold the other harmless from any claim or damages of any nature whatsoever arising from the acts of its own officials and employees in connection with this agreement. 5. TERMINATION. Either party may terminate this agreement upon thirty (30) days written notice to the other. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body or its designee in the manner required by law on the date herein below specified. EXECUTED on this the 23rd day of June , 2069 CITY OF LUBBOCK, TEXAS TEXAS TECH UNIVERSITY BY TOM MARTIN, MAYOR MICHAEL A. ELLICOTT, VICE CHANCELLOR ATTEST: ATTEST: .4 O.A e -.1 — , 5_:�_ eb eca Garza, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM FOR CITY: LtKe Ann Dumbauld, Amy Llelms, City Manager Assistant City Attorney INTERLOCAL AGREEMENT - LUBBOCK 1 TTU 3