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2022-051 - Approving an Interlocal Agreement with North Lamar Independent School District related to a Collector Street in the District's New Elementary School Development and Declaring an Effective DateRESOLUTION 2022-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH NORTH LAMAR INDEPENDENT SCHOOL DISTRICT RELEATED TO A COLLECTOR STREET IN THE DISTRICT'S NEW ELEMENTARY SCHOOL DEVELOPMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the North Lamar Independent School District (the "District") has platted property north of existing school buildings (the "Property") for the construction of a new elementary school; and WHEREAS, the City of Paris, Texas (the "City") has enacted a Subdivision Ordinance governing the construction of streets in new developments and adopting a Master Thoroughfare Plan (the "Plan"); and WHEREAS, the Plan requires a collector street comprising the dedication of land in the minimum width of sixty feet (60') and a minimum paved width of thirty- nine feet (39'), back of curb to back of curb, to be constructed on the property to be developed (the "Property"); and WHEREAS, the City desires to participate in the financing of the construction of this collector street which will be to the benefit of the City and to future development to the east of the subject Property; and WHEREAS, the Subdivision Ordinance also requires the construction of sidewalks along both sides of said collector street; and WHEREAS, due to the heavily wooded nature of the Property to the north of the proposed elementary school, the City recognizes the sufficiency of constructing a sidewalk on the south side of the Property only; and WHEREAS, the City has also enacted Sec. 30 of Zoning Ordinance 1710 providing for certain requirements for landscaping and buffering; and WHEREAS, the City, recognizing certain financial challenges encountered by the District, desires to accommodate the District by allowing for the phasing of the construction and installation of the required sidewalks and landscaping; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the terms and conditions of the proposed Interlocal Agreement attached hereto as Exhibit A. and incorporated herein by reference, having been reviewed by the City Council of the City of Paris and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same are hereby, in all things approved. Section 3. That the City Manager is authorized to execute the Interlocal Agreement with North Lamar School District substantially in conformance with Exhibit A. Section 4. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED THIS 11TH DAY OF July, 2022. Paula Portugal, Mayor .. .. CItY p%A ATTEST: 141A Y la%'3�gRos 5 Ellis, City ROVED AS TO FORM: Ste hanie H. Harris, City Attorney INTERLOCAL AGREEMENT Between the City of Paris, Texas and North Lamar Independent School District Re: Collector Street for New Elementary School WHEREAS, the North Lamar Independent School District (the "District") has platted property north of existing school buildings (the "Property") for the construction of a new elementary school (the "New Elementary School"); and WHEREAS, the City of Paris, Texas (the "City") has enacted a Subdivision Ordinance governing the construction of streets in new developments and adopting a Master Thoroughfare Plan (the "Plan"); and WHEREAS, the Plan requires a collector street comprising the dedication of land in the minimum width of sixty feet (60') and a minimum paved width of thirty-nine feet (39'), back of curb to back of curb, to be constructed on the Property; and WHEREAS, the City desires to participate in the financing of the construction of this collector street which will be to the benefit of the City and to future development to the east of the subject Property; and WHEREAS, the Subdivision Ordinance also requires the construction of sidewalks along both sides of said collector street; and WHEREAS, due to the heavily wooded nature of the Property to the north of the proposed New Elementary School and the proposed collector street, the City recognizes the difficulty in constructing a sidewalk in such heavily -wooded area and therefore determines that a sidewalk must only be constructed on the south side of the proposed collector street; and WHEREAS, the City has also enacted Sec. 30 of Zoning Ordinance 1710 providing for certain requirements for landscaping and buffering; and WHEREAS, the City, recognizing certain financial challenges encountered by the District, desires to accommodate the District by allowing for the phasing of the construction and installation of the required sidewalks and landscaping. WITNESSETH: 1. This interlocal agreement (the "Agreement") is entered into by and between the City and the District pursuant to Texas Government Code, Chapter 791, Sec. 791.032, and shall take effect upon the last date of execution hereof. 2. The purpose of this Agreement is to memorialize the City's agreement to participate financially in the construction of a collector street upon the Property shown in Exhibit A, attached hereto and incorporated herein by reference, and to set forth the criteria for phasing over time of required sidewalk and landscapingibuffering improvements. Street Improvements 3. The District hereby agrees to construct a collector street which adheres to all specifications set forth in the City's Subdivision Ordinance and as required by the City Engineer. 4. The City agrees to reimburse the District for the portion of the cost of the street attributable to upsizing a twenty-four foot (24') -wide road to a thirty-nine foot (39') -wide collector street. For the purposes of this paragraph, the sum to be reimbursed to the District (the "Reimbursement") is estimated to be $162,079.71 based upon the proposal attached hereto as Exhibit B. The Parties understand and agree that the cost of widening the collector street set forth in Exhibit B is an estimate and that such cost may change. In such event, the City will not pay any greater than the estimated amount plus 10% of the estimated amount ($16,207.97) without further negotiation with the District. 5. The City shall remit said Reimbursement after final approval and acceptance by the City of the completed collector street. Upon said final approval and acceptance of the completed collector street, the District shall send the City an invoice (the "Reimbursement Invoice") for amounts due and owing under the preceding paragraph 4. The City shall seek to obtain the final approval of the Reimbursement Invoice and remit payment of same to the District within thirty (30) days following receipt of the Reimbursement Invoice from the District except for any amounts subject to negotiation as set forth in paragraph 4. Upon agreement on such additional amounts, the District will invoice the City for said agreed amount, which the city will pay within thirty (30) days of receipt thereof. Sidewalk 6. Due to the wooded nature of the Property to the north of the proposed New Elementary School and the proposed collector street, the City waives the requirement that the District construct a sidewalk on both sides of the collector street. The City and the District agree that the District will construct the sidewalk (the "Sidewalk") in accordance with the City's Subdivision Ordinance Section IX.J on the south side of the collector street only. 7. The City agrees to allow phased construction of the Sidewalk. The parties recognize that the Texas Department of Transportation ("TXDOT") has appropriated funding for a significant sidewalk construction project which includes construction of a sidewalk on the east side of U.S. Highway 271 to end at its intersection with the collector street referenced herein. The City agrees to allow the District to postpone the construction of the Sidewalk until such time as TXDOT has begun construction on the sidewalk from Northeast Loop 286 to the collector street. The parties will provide TXDOT a copy of this Agreement when fully executed and request that TXDOT notify the parties at least sixty (60) days before such construction commences. Should TXDOT fail to send such notice, once the City becomes aware that such construction has commenced, it will provide written notice to the District. The District shall have one hundred and eighty (180) days from receipt of a TXDOT notice or two hundred and ten (210) days from the date a notice is sent by the City to the District under this paragraph 7, thereby notifying the District to begin construction of the Sidewalk as required under this Agreement. Landscaping 8. The District will install the landscaping required in Sec. 30 of Zoning Ordinance 1710 no later than the substantial completion date for the construction of the New Elementary School. 9. The City agrees to the removal of flowerbeds from the right-of-way buffer landscaping plan and agrees to a twenty percent (20%) (i.e. four trees) reduction in the number of proposed right-of-way buffer trees. General 10. The individual signing this Agreement on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken hereunder. 11. This Agreement states the entire agreement of the parties and can only be amended upon written agreement signed by all the parties. 12. This Agreement is binding upon and inures to the benefit of the parties' successors - in -interest. 13. This Agreement is fully performable in Lamar County, Texas, and shall be governed by and interpreted in accordance with Texas law. 14. This Agreement may be executed in multiple counterparts, each of which constitutes an original. All executed counterparts together constitute the same instrument. 15. The District agrees that any breach of the provisions of this Agreement will constitute a violation the City's Subdivision and/or Zoning Ordinances and shall be subject to the penalty provisions contained therein. --Signature Page to Follow-- THE CITY OF PARIS, TEXAS Grayson Path, City Manager NORTH LAMAR INDEPENDENT SCHOOL DISTRICT Kelli Stewart, Superintendent THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Grayson Path, City Manager of the CITY OF PARIS, a Texas municipal corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on the City's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 2022. Notary Public Lamar County, Texas My commission expires THE STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged before me on the day of , 2022, by Kelli Stewart, Superintendent of North Lamar Independent School District, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same on behalf of North Lamar Independent School District. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20 Notary Public Lamar County, Texas My commission expires