Loading...
HomeMy WebLinkAboutRES 04-123 RESOLUTION NO. 04-123 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Lamar University for the maintenance of the landscaping on Spur 380(M. L. King Parkway)from approximately 980 feet east of East Virginia Street to approximately 1,170 feet west of East Lavaca Street. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of June, 2004. - Maya Evelyn M. Lord - r . M STATE OF TEXAS COUNTY OF JEFFERSON INTERLOCAL AGREEMENT This Interlocal Agreement ("the Agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas (herein "City") and Lamar University (herein "Lamar") which entities are authorized to enter into interlocal agreements in accordance with §791.001 et seq. of the government code of the State of Texas (Vernon 1996). WHEREAS, Lamar has requested the City of Beaumont to assist in the beautification of a portion of Spur 380 (Martin Luther King, Jr. Parkway); and, WHEREAS,the City participated by the removal of various growing plants and trees and also assisted in coordinating with the State of Texas for the construction of improvements along Spur 380, Project No. C-65-8-160 generally described as an area approximately 980 feet east of East Virginia Street to approximately 1,170 feet west of East Lavaca Street (the "Project"); and, WHEREAS, Lamar recognizes that the City of Beaumont has a municipal maintenance agreement dated March 9, 1990, and various amendments which require the City of Beaumont to maintain certain state highways within the City of Beaumont including "the Project"; and, WHEREAS, in consideration for the assistance of the City of Beaumont in the completion of the Project, Lamar University desires to assume the responsibility for the continued maintenance within the Project area for the future. EXHIBIT "A" Now, therefore the parties hereby agree as follows: 1. Lamar recognizes that the improvements within the Project consist of landscaping, hardscaping and an irrigation system all as shown on the "As Built" plans attached hereto as Exhibit "A" and made a part hereof for all purposes. 2. Lamar hereby agrees to assume all maintenance of the landscaping (including replacement of plant materials, hardscaping and the irrigation system) as needed to maintain the Project improvements in their current condition as of the date of this agreement. 3. Lamar agrees that the maintenance described in the previous paragraph shall be carried out in substantial compliance with the following plan documents: 1) "Planting Plan and Construction Layout" which consists of seven (7) sheets. 2) "Planting and Establishment" which consists of five (5) sheets. 3) "Irrigation Layout" which consists of seven (7) sheets. 4) "Irrigation Details and Materials" which consists of three (3) sheets. All is shown on Exhibit "A." 4. The City hereby agrees to furnish water for the irrigation system described herein at no charge to Lamar University at the four meter locations shown on the plans. 5. In connection with this agreement, the official address for notification shall be: The City of Beaumont Office of the City Manager PO Box 3827 Beaumont, Texas 77704 and Lamar University Jimmy Simmons, President PO Box 10001 Beaumont, Texas 77710 6. This agreement may be amended by the mutual agreement of the parties reduced to writing, and any amendment shall be attached to and incorporated into this agreement. EXECUTED IN DUPLICATE ORIGINALS this the day of , 2004. CITY OF BEAUMONT BY: Kyle Hayes, City Manager LAMAR UNIVERSITY BY: President