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