INTERLOCAL COOPERATION ACT AGREEMENT. Between The CITY OF SUNSET VALLEY. And

Transcription

1 INTERLOCAL COOPERATION ACT AGREEMENT Between The CITY OF AUSTIN And CITY OF SUNSET VALLEY R E C I T A L S This agreement ( Agr eement ) is an interlocal agreement authorized and governed by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. Each party represents and warrants that in the performance of its respective obligations as set forth in this Agreement, it is carrying out a duly authorized governmental function, which it is authorized to perform individually under the applicable statutes of the State of Texas and/or its charter. Each party represents and warrants that the compensation to be made to the performing party contemplated in this Agreement are in amounts that fairly compensate the performing party for the services or functions described herein, and are made from current revenues available to the paying party. Compensation will be made to the performing party by the Capital Area Council of Governments (CAPCOG), pursuant to the Interlocal Agreement signed by the City of Austin and CAPCOG as approved by Austin City Council August 18, Recognizing the importance of pooling resources to promote public safety and desiring to do so at this time, the City of Austin and City of Sunset Valley (the Parties ) hereby agree to enter into this Agreement as follows: Term The initial term of this Agreement is from the latest date of final execution of the Agreement to September 30, Following this initial term, the Agreement shall automatically renew each October 1 st (the Renewal Date ) for a one year term. Notwithstanding any other term or condition herein, this Agreement may be terminated by any one of the Parties by giving thirty (30) days written notice to the other Party. It is the intent and understanding of the Parties that the obligations of each party under this Agreement shall remain effective only so long as and provided that each party has fully appropriated funds for performing such obligations for the party s current fiscal year. If for any fiscal year of any party funds are not appropriated for such party s performance of its obligations under this Agreement, this Agreement shall become void and such party shall promptly give notice to the other parties of the non-appropriation of funds. G eneral Obligations of Each Party 1. Services Provided by City of Austin 911 Addressing. As long as there is appropriate funding available and following the guidelines adopted by the Capital Area Council of Governments, Austin, with the assistance and cooperation of Sunset Valley, shall perform and provide the following services: 1

2 A. Assign an address for each addressable structure and property, vacant or not, for Sunset Valley and Sunset Valley ETJ B. Approve street names and street layouts submitted for new subdivisions in Sunset Valley and Sunset Valley ETJ. C. Approve street names submitted for new site plans within Sunset Valley and Sunset Valley ETJ that include street-like networks of private driveways where the developer wants the private driveways named (mixed use developments, mobile home parks, condominiums, NOT apartment complexes). D. Assign addresses to all newly accepted and approved subdivisions in Sunset Valley and Sunset Valley ETJ. E. Update and maintain the Master Street Addressing Guide (MSAG) with the State database provider for all addresses within Travis County, including Sunset Valley and Sunset Valley ETJ. F. Provide copies of addressed plats to all emergency services, County Appraisal District, postal service, and Sunset Valley upon request. G. Change addresses that do not meet the CAPCOG Addressing Guidelines 2. Services Provided by the City of Sunset Valley. Sunset Valley, with the assistance and cooperation of Austin, shall provide the following services: A. Include Austin 911 Addressing in the necessary steps of subdivision review. Austin must approve all new street names and street name layouts within Sunset Valley and the Sunset Valley ETJ. B. Provide two copies of all newly accepted and approved subdivision plats. C. Include Austin 911 Addressing in the site plan review process for all site plans within Sunset Valley and Sunset Valley ETJ where the site plan includes a street- intends on naming the private like network of private driveways and the developer driveways. Austin must approve all new private driveway names. D. Provide two copies of all site plans that contain a street-like network of private driveways, where the private driveways are named. E. If possible, provide digital data of subdivision plat and site plan in a format that is in compliance with Attachment A. F. Provide city ordinances pertaining to and maps of subdivision and street vacations. G. Provide notification of all upcoming annexations, prior to effective date, when possible. H. Coordinate with Austin 911 Addressing for all proposed street name and address changes. Austin must approve proposed street name and record all address changes. I. Provide to Austin 911 Addressing copies of all signed ordinances and maps in accordance with Election Code, Chapter 42 Sub-chapter C Section and Local Government Code Chapter 41. J. Establish a Sunset Valley office or staff person as a point of contact for Austin 911 Addressing. 2

3 Termination Notice of any claims of material breach and the intent to terminate this Agreement because of that breach shall be given in writing to the other Parties, identifying the breach claimed with particularity, and stating a reasonable time permitted for cure. Such a notice of claim of breach is sufficient to constitute termination of this Agreement. Without waiving any legal rights, the parties agree to voluntary mediation of any disputes. Notices Any notices to be given under this Agreement shall be considered delivered (i) upon personal service upon the person designated in this Agreement for such notice; (ii) within three (3) days of deposit if mailed by first-class United States mail, postage prepaid, registered or certified, and addressed to the person designated for receipt of notice; or (iii) one business day after being sent for overnight delivery by a reputable commercial courier having the ability to track shipping and delivery of the notices. In cases where there is an emergency or other need for immediate notice to be given, written notice may be faxed or ed to the person designated for service, provided a written copy of such notice is also delivered promptly to such designated person by one of the three means identified above. The Parties designate the following persons for receipt of notice: If to City of Austin: Stephanie Jensen Travis County Addressing Coordinator, City of Austin PO Box Austin, Texas Phone Number: If to City of Sunset Valley: Rae Gene Greenough C ity Secretary, City of Sunset Valley 3205 Jones Road Sunset Valley, TX Phone Number: The Parties may change the person designated for receipt of notice from time to time by giving notice in writing to the other parties, identifying the new person designated for receipt of service and identifying his/her name, title, address for notice and phone number. Miscellaneous Complete Agreement. This is the complete agreement by and between the Parties on the subject matter of the Agreement. It supercedes any other agreement or understanding between the Parties, written or oral, and any other commitments, promises, undertakings, understandings, proposals or representations of the Parties to each other, written or oral, concerning the subject matter of this Agreement. 3

4 Amendment in Writing. This Agreement may be modified only by a writing duly executed by each of the Parties. Neither any representation or promise made after the execution of this Agreement, nor any modification or amendment of this Agreement, shall be binding on the Parties unless made in writing and duly executed by each of the Parties. AGREED AND APPROVED: CITY OF AUSTIN By: Date: CITY OF SUNSET VALLEY By: Date: 4

5 Attachment A Electronic Submittal Requirements In an effort to: improve geographic information system (GIS) data; improve the efficiency of GIS data creation; and provide a more comprehensive view of existing and proposed infrastructure; provide a base file in *.dgn, *.dwg, or *.dxf, format of existing and proposed improvements listed below, and specify layer name or number. File shall be referenced to the Texas Central State Plane (NAD83, survey feet) projection, and elevation data shall be referenced to the NAVD88 (feet) datum. Grid coordinates are recommended for alignment with City of Austin GIS data. CADD files that contain more base layers than listed below are encouraged but are not required. CADD files may be locked or read-only. For Subdivision plats, provide the following base layers: Subdivision boundaries Lot lines or legal tract boundaries Easements Street centerline Right-of-way Legend For Site plans, provide the following base layers: Site boundaries Lot lines or legal tract boundaries Limits of construction Easements Roadway infrastructure (pavement lines, edge of pavement, curb and gutter lines as depicted on plans, etc) Sidewalks Building Footprints Legend Note: Site plans should only be submitted to the City of Austin 911 Addressing office if the plan is for a site that will contain a street-like network (private driveways) where the developer wants the streets to be named and the structures to be addressed off the private driveways. If the site will have one main address off of a main street and structures will be addressed with building and/or units numbers, there is no need to submit the plans. 5