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HomeMy WebLinkAboutResolution - 2190 - Interlocal Agreement - Lubbock County - Joint Airport Zoning Board - 11/14/1985Resolution #2190 November 14, 1985 Agenda Item #28 JCR:cl 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 County of Lubbock concerning the Joint Airport Zoning Board, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of November , 1985. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: JimfBe tram, Assistant City Manager 6 APPROVED AS TO FORM: •JqM C. Ross, Jr., City Atto ey J C R : c 1 STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement entered into by and between the City of Lubbock, hereinafter called "City" and the County of Lubbock, hereinafter "County" is made pursuant to and in furtherance of a Joint Resolution of the City and County creating a Joint Airport Zoning Board, certified copies of said Joint Resolution being attached hereto as Exhibit A and made a part of this agreement; WITNESSETH: WHEREAS, the City and County did pass the Joint Resolution as set forth in Exhibit A to this agreement; and WHEREAS, both the City and County have recognized the need to create a Joint Airport Zoning Board to address zoning issues surrounding both Civilian and Military Airports located within the jurisdiction of the contracting parties; and WHEREAS, both the City and County recognize that the Joint Airport Zoning Board will require support services and funding in order to discharge its duties and obligations; and WHEREAS, both the City and County are desirous of entering into this agreement pursuant to Art. 4413 (32c) V.A.C.S. (Inter- local Cooperation Act) for the purpose of providing support services and funding to the Joint Airport Zoning Board and further specifying that criminal enforcement of any airport zoning ordinance adopted by the Joint Airport Zoning Board shall be in the Municipal Court of the City of Lubbock and further 0 authorizing the Judge of said Court to issue administrative search warrants in accordance with Section 17-4 of the Code of Ordinances of the City of Lubbock when necessary to enforce any airport zoning ordinance adopted as aforesaid; and WHEREAS, the County recognizes that the City has the staff and expertise to best provide the support services to the Joint Airport Zoning Board; and WHEREAS, the City and County both agree that the City is the political subdivision who is best able to provide the funding and services necessary for the Joint Airport Zoning Board; NOW THEREFORE for the mutual considerations and benefits to each, the parties hereto do agree as follows: 1. The City, independent of the County, will furnish to the Joint Airport Zoning Board the following services: (a) All legal support services necessary to allow the Joint Airport Zoning Board to discharge this obligation. (b) All planning support services necessary to allow the Joint Airport Zoning Board to discharge their obligations. (c) All zoning enforcement support services necessary to allow the Joint Airport Board to discharge its obligations and to enforce any airport zoning ordinance adopted by the Joint Airport Zoning Board. (d) All building regulation and permitting support services necessary to allow the Joint Airport -2- Zoning Board to discharge this obligation and to enforce any airport zoning ordinance adopted by the Joint Airport Zoning Board. 2. The County agrees that the City will be the political subdivision to provide the services and funding required to accomplish the Joint Airport Zoning Board's duties and obligations and the City will also be the political subdivi- sion to provide enforcement for any Airport Zoning Ordi- nance. 3. In addition to the support services described in paragraph 1 of this agreement, it is recognized by both the City and County that the Joint Airport Zoning Board will, in the course of discharging its duties, incur other start up and operational costs and to the extent that these costs are not covered under the description of services to be rendered by City, it is agreed that the City shall provide such funding necessary to allow the Joint Airport Board to discharge its obligations. 4. It is further agreed that the Municipal Court of the City of Lubbock shall be the proper court for the enforce- ment of any criminal penalties provided for in any zoning ordinance adopted by the Joint Airport Zoning Board and said court shall be clothed with jurisdiction to try any criminal complaint initiated to enforce the Airport Zoning Ordinance adopted by the Joint Airport Zoning Board. 5. It is further agreed between the parties hereto that the Judge of the Municipal Court shall have full authority -3- under Sec. 17-4 of the Code of Ordinances of the City of Lubbock to issue to any employee or officer of the City enforcing any zoning ordinance adopted by the Joint Airport Zoning Board, administrative search warrants pursuant to the terms of the above mentioned ordinance. 6. It is further agreed by the parties hereto that concurrent with the enforcement powers set forth in para- graphs 4 and 5 that City shall, when authorized by the Joint Airport Zoning Board, seek any relief thought necessary pursuant to the provisions of Art. 46e-12, V.A.C.S. 7. It is further agreed, as a condition to the creation of the Joint Airport Zoning Board by resolution aforemen- tioned, that the Joint Airport Zoning Board shall avail itself of the services as herein set forth. 8. It is further agreed that the City shall fund the cost of the acquisition and maintenance of insurance, including general liability and errors and omissions coverage, for the Joint. Airport Zoning Board and its appointees. 9. It is further agreed that the term of this contract shall be for the useful life of the Joint Airport Zoning Board and may not be terminated by either party without the dissolution of the Joint Airport Zoning Board. The contract may only be amended in writing upon agreement of the parties hereto. 10. The purpose of this contract is to provide, as far as possible, for the rights and obligations of the parties in respect to the creation and operation of the Joint Airport -4- Zoning Board, and this contract shall be liberally construed to that end. If any part of the contract shall be held illegal, such part shall be deemed severable and the remaining parts shall nevertheless be binding, if enough remains to constitute a reasonably workable and fair scheme for the joint project and its operation. Executed this H7?q day of � j/` , 1985. LUBBOCK COUNTY RODRICK L. SHAW, CO TY JUDGE ATTEST: Ann Davidson, County Clerk APPRO", -TO FORM: Denette Vaughn, Asst Criminal District Attorney CITY OF LUBBOCK A AN HENR , MAYO ATTEST: Ranett Boyd, City SecretarT APPROVED AS TO CONTENT: J'B rtram, Assistant City M &Q! -9-9r APPROVED AS TO FORM: �VJ nC.Ross, Jr., City torney -5-