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R2003-0004 01-27-03 No ActionPASSED - NO ACTION TAKEN 01/27103 RESOLUTION NO. R2003-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR IMPROVEMENTS ASSOCIATED WITH ROGERS MIDDLE SCHOOL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal agreement by and between the City of Pearland. and Pearland Independent School District, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a interlocal agreement with Pearland Independent School District, for improvements associated with Rogers Middle School. PASSED, APPROVED and ADOPTED this the ~ day of ,, A.D., 2003. ATTEST: TOM REID MAYOR YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY STATE OF TEXAS COUNTY OF BRAZORIA INTERLOCAL AGREEMENT EXHIBIT § Exhibit "A" R2003-4 THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the Pearland Independent School District CPISD" or "District") and the City of Pearland (the "City"), pursuant to the Texas Interlocal Cooperation Act, T£X. GOVT. CODE ANN., § 791.001 et. seq. (Vernon 1994). WHEREAS PISD is the owner of a certain real property and fixtures constructed thereon located at the intersection of Fite and FM 1128, known as the Rogers Middle School campus (the "Rogers Campus"), which is located within the jurisdictional boundaries of the District and City of Pearland; and WHEREAS, the City desires to operate administrative offices for its Parks and Recreation Department on the Rogers Campus in order to support and administer its after-school programs located on the Rogers Campus; and WHEREAS, the operation of the after-school programs by the Parks and Recreation Department of the City and on-site administrative supervision of the same benefits the students and parents of the District; and WHEREAS, PISD and City desire to cooperate in the construction of building space to accommodate the desired administrative offices on the Rogers Campus; and NOW, THEREFORE, for and in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. PISD and the City agree that space for administrative offices on the Rogers Campus ("Offices") shall be constructed on the Rogers Campus by the District and shall be utilized by the City for administrative offices to support and administer after-school programs on the Rogers Campus during and according to the terms of this Agreement. This space, once constructed, will be a fixture to the real property and the sole property of PISD. 2. PISD and the City agree that the City will reimburse the District a total of $120,000.00 of the costs to construct the Offices. The City will pay $30,000 from its current fiscal year funds within fifteen (15) days after execution of the Agreement and pay $90,000 from its then-current fiscal year funds during the next fiscal year of the Agreement. The second payment will be due within thirty (30) days after the beginning of the next fiscal year. 3. PISD and the City agree that during the term of this Agreement the City will provide all furnishings and decorations, at the City's expense, for the Offices and these items shall remain at all times the property of the City. Structural modifications to the Offices may not be made by the City unless prior written approval is received from the District. Upon termination of the Houston\1470693.1 Agreement, the City may remove its furnishings and decorations, however, the Offices remain, at all times, the property of PISD. 4. PISD and the City agree that during the term of this Agreement the City will be billed separately (either directly or through PISD) for all utility costs associated with the operation of the Offices and shall pay these costs within the appropriate billing period upon receipt from the appropriate entity of a bill and/or costs. Furthermore, the City will separately arrange for telephone service and installation and shall maintain a direct dial separate from the Rogers Campus. 5. PISD and the City agree that PISD, at its expense, will clean and maintain the Offices while this Agreement is in effect in accordance with the regularly scheduled maintenance and cleaning of the Rogers Campus. 6. The City agrees to provide PISD with a certificate of insurance evidencing appropriate annual insurance coverage for the City's operation of the after-school programs and administrative offices on the Rogers Campus. 7. PISD and the City agree that this Agreement shall continue from year to year unless terminated by either party. The Agreement may be terminated upon the provision of sixty (60) days written notice of the termination to the other party. Provided, however, in. the event that PISD terminates this Agreement within ten (10) years after the execution date hereof, PISD shall refund a pro-rata share of the City's $120,000.00 contribution to the construction of the Offices. The refund of the contribution shall be prorated by $12,000.00 per year for each year during the first ten (10) years after the execution date hereof (e.g., if PISD terminates the agreement after six years, the City of Pearland shall receive a refund of $48,000.00, which is $120,000.00 minus a $72,000.00 proration deduction). 8. Nothing herein shall be deemed in any manner to constitute a waiver of sovereign, governmental, or any other immunity or affirmative defense that may be asserted by PISD or the City. Nor shall this provision be in any manner construed to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. 9. Nothing in this Agreement shall be deemed to enlarge either PISD's or the City's liability under the Texas Tort Claims Act, TEX. Civ PP~C. & REM. CODE ANN., § 101.001 et. seq. (Vernon 1997). 10. This Agreement constitutes the entire agreement between the parties and no oral representation between the parties made prior to or after execution of this Agreement will be given any force and effect unless reduced to writing herein. 11. This Agreement may be modified or amended upon the mutual consent of the parties evidenced in writing. 12. Any invalidity of any part of this Agreement will not cause the remaining parts to be invalid. -2- 13. This Agreement is governed by the laws of the State of Texas, and venue for any legal proceeding relating to this Agreement shall lie in Brazoria County, Texas. 14. Notices to be provided pursuant to the Agreement shall be given certified mail, return receipt requested to the following individuals: City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Superintendent Pearland Independent School District 2337 N. Galveston Avenue Pearland, Texas 77588 EXECUTED this the day of ,2002. PEARLAND INDEPENDENT SCHOOL DISTRICT CITY OF PEARLAND By: By: Attest: Attest: By: By: -3- .. 217 A brief, discussion ensued among Council and Staff regarding the proposed Impact Fees. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. 'Voting "NO" Viktorin. Motion Passed 4 to 1. COUNCIL ACTION - RESOLUTION NO. R2003-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A LANDSCAPING MAINTENANCE AGREEMENT ASSOCIATED WITH THE MAINTENANCE OF PROPERTIES PURCHASED THROUGH THE FEMA BUYOUT PROGRAM. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2003-2. City Manager, Bill Eisen, stated that Harris County has agreements they have entered into with property owners regarding vacant property that has been part of a buy-out program that was affected by the flooding a few years ago. He stated this proposed Resolution is similar and it will provide for the maintenance and use of the vacant property by interested property owners. Discussion ensued among Council and Staff regarding the use and maintenance of the vacant property as a result of the recent buy-outs. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to O. COUNCIL ACTION ~ RESOLUTION NO. 2003-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR IMPROVEMENTS ASSOCIATED WITH ROGERS MIDDLE SCHOOL. Mr. Darrin Coker, City Attorney. This item was passed with no Council action taken. COUNCIL ACTION - NAMING OF PARK ON GRAND BLVD. Manager. Mr. Bill Eisen, City Page 9 of 11- 1/13/2003 A brief discussion ensued among Council and Staff regarding the proposed Impact Fees, Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" Viktorin. Motion Passed 4 to 1. COUNCIL ACTION - RESOLUTION NO. R2003-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A LANDSCAPING MAINTENANCE AGREEMENT ASSOCIATED WITH THE MAINTENANCE OF PROPERTIES PURCHASED THROUGH THE FEMA BUYOUT PROGRAM. Mr. Darrin Coker, City Attomey. Counciimember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2003-2. City Manager, Bill Eisen, stated that Harris County has agreements they have entered into with property owners regarding vacant property that has been part of a buy-out program that was affected by the flooding a few years ago, He stated this proposed Resolution is similar and it will provide for the maintenance and use of the vacant property by interested property owners. Discussion ensued among Council and Staff regarding the use and maintenance of the vacant property as a result of the recent buy-outs. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. 2003-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR IMPROVEMENTS ASSOCIATED WITH ROGERS MIDDLE SCHOOL. Mr. Darrin Coker, CityAttomey. This item was passed with no Council action taken. COUNCIL ACTION - NAMING OF PARK ON GRAND BLVD. Manager. Mr. Bill Eisen, City Page 9 of 11- 1/13/2003