CITY OF CUERO COUNCIL MEETING AGENDA JANUARY 30, 2014

Notice is here by given for a meeting of the City Council of the City of Cuero to be held on [Date] at [Time] located at: City Hall Council Chambers, 212 E. Main Street, Cuero, Texas 77954, for the purpose of considering the following agenda items.  The City Council of the City of Cuero will meet, consider,  deliberate and may take action on all agenda items.

Call To Order And Announce A Quorum Is Present Ordinances - Emergency Reading

Discuss/Consider And Take Possible Action On An Ordinance Of The City Council Of The City Of Cuero, Texas, Authorizing The Purchase Of A Parcel Of Land Being 20.69 Acre Tract Land In The Jose Antonio Valdez Gonzales League, A -47 In DeWitt County, Texas From Lucks Texas Enterprises, A Texas Limited Liability Company; Authorizing The Expenditure Of Funds For Said Purchase; Authorizing The Mayor’s Execution Of All Closing Documents Associated With The Purchase; And Declaring And Emergency.

SCAN5490_000.pdf, SCAN5491_000.pdf, 2014-19 LUCKS ENTERPRISES SALE TO CITY ORD.pdf

First Reading Of An Ordinance

Discuss/Consider And Take Possible Action On An Ordinance Of The City Council Of The City Of Cuero, Texas, Approving A Lease Agreement With The Boys And Girls Club Of DeWitt County, Inc. And Authorizing The Execution Of Said Lease Agreement By The Mayor Of The City Of Cuero, Texas.

2014 - Boys and Girls Club Lease with insurance.pdf Third And Final Reading Of An Ordinance

Discuss/Consider And Possible Action On The Third And Final Reading Of An Ordinance On The Recommendation From The Planning & Zoning Commission On Request For Preliminary/Final Plat Of 4.124 Acres. Applicant Is Cuero Land

Acquisition, LLC, James R. Reese, Manager And Thomas A. Schmidt, P.E., Urban Engineering, Victoria.

2014 -20 Preliminary PlatFinal Plat Ordinance Cuero Land Acquisition, LLC.pdf

Council Consideration And Action Items

Discuss/Consider And Possible Action On The Request From Cuero Independent School District To Close A Portion Of Henry Street Between Prairie And Sarah Street To Allow For Construction Of A New Elementary

CISD Request for Henry Road Closure.pdf

Discuss/Consider And Possible Action On Possible Infrastructure Improvements For Potential School Property.

Interlocal Agreement 2014 4 11.pdf

Discuss/Consider And Possible Action To Approve The Use Of The City Municipal Park For A Kids Carnival.

Adjourn

The City Council may convene into executive (closed) session in accordance with the Texas Government Code when necessary and legally justified. Any item on this agenda may be discussed in executive session if authorized by Texas Law regardless of whether it is listed under  Executive Session  of this agenda, and regardless of any past or current practice of the City Council.  Executive sessions  herein are closed meetings,  and may include the consideration of any item otherwise listed on the agenda plus any subject matter  specified in the executive session notice, and may include items under the Texas Government Code as follows: Section 551.071 (Consultation with Attorney regarding contemplated or pending litigation, a settlement offer or administrative hearing); Section 551.072 (Deliberation regarding real property); Section 551.073 (Deliberation about gifts and donations); Section 551.074 (Personnel Matters); Section 551.076 (Deliberation about Security Devices); Section 551.086(Deliberation regarding Municipally Owned Utility); and Section 551.087 (Deliberation regarding Economic Development Negotiation).

In compliance with the Americans with Disabilities Act, the City of Cuero will provide reasonable accommodations for persons attending City Council meetings.  To better serve you, requests should be  received 24 hours prior to the meetings.  Please contact Jennifer Zufelt, City Secretary, at 361-275- 6114.

CERTIFICATION

I certify that a copy of the November 26, 2013 agenda of items to be considered by the City of Cuero Council was posted on the City Hall bulletin board on Friday, November 22 18, 2013 before 5:00 PM.     ___________________________________ Jennifer Zufelt, City Secretary 

CITY OF CUERO

COUNCIL MEETING AGENDA       

JANUARY 30, 2014

Notice is here by given for a meeting of the City Council of the City of Cuero to be held on [Date] at [Time] located at: City Hall Council Chambers, 212 E. Main Street, Cuero, Texas 77954, for the purpose of considering the following agenda items.  The City Council of the City of Cuero will meet, consider,  deliberate and may take action on all agenda items.

Call To Order And Announce A Quorum Is Present Ordinances - Emergency Reading

Discuss/Consider And Take Possible Action On An Ordinance Of The City Council Of The City Of Cuero, Texas, Authorizing The Purchase Of A Parcel Of Land Being 20.69 Acre Tract Land In The Jose Antonio Valdez Gonzales League, A -47 In DeWitt County, Texas From Lucks Texas Enterprises, A Texas Limited Liability Company; Authorizing The Expenditure Of Funds For Said Purchase; Authorizing The Mayor’s Execution Of All Closing Documents Associated With The Purchase; And Declaring And Emergency.

SCAN5490_000.pdf, SCAN5491_000.pdf, 2014-19 LUCKS ENTERPRISES SALE TO CITY ORD.pdf

First Reading Of An Ordinance

Discuss/Consider And Take Possible Action On An Ordinance Of The City Council Of The City Of Cuero, Texas, Approving A Lease Agreement With The Boys And Girls Club Of DeWitt County, Inc. And Authorizing The Execution Of Said Lease Agreement By The Mayor Of The City Of Cuero, Texas.

2014 - Boys and Girls Club Lease with insurance.pdf Third And Final Reading Of An Ordinance

Discuss/Consider And Possible Action On The Third And Final Reading Of An Ordinance On The Recommendation From The Planning & Zoning Commission On Request For Preliminary/Final Plat Of 4.124 Acres. Applicant Is Cuero Land

Acquisition, LLC, James R. Reese, Manager And Thomas A. Schmidt, P.E., Urban Engineering, Victoria.

2014 -20 Preliminary PlatFinal Plat Ordinance Cuero Land Acquisition, LLC.pdf

Council Consideration And Action Items

Discuss/Consider And Possible Action On The Request From Cuero Independent School District To Close A Portion Of Henry Street Between Prairie And Sarah Street To Allow For Construction Of A New Elementary

CISD Request for Henry Road Closure.pdf

Discuss/Consider And Possible Action On Possible Infrastructure Improvements For Potential School Property.

Interlocal Agreement 2014 4 11.pdf

Discuss/Consider And Possible Action To Approve The Use Of The City Municipal Park For A Kids Carnival.

Adjourn

The City Council may convene into executive (closed) session in accordance with the Texas Government Code when necessary and legally justified. Any item on this agenda may be discussed in executive session if authorized by Texas Law regardless of whether it is listed under  Executive Session  of this agenda, and regardless of any past or current practice of the City Council.  Executive sessions  herein are closed meetings,  and may include the consideration of any item otherwise listed on the agenda plus any subject matter  specified in the executive session notice, and may include items under the Texas Government Code as follows: Section 551.071 (Consultation with Attorney regarding contemplated or pending litigation, a settlement offer or administrative hearing); Section 551.072 (Deliberation regarding real property); Section 551.073 (Deliberation about gifts and donations); Section 551.074 (Personnel Matters); Section 551.076 (Deliberation about Security Devices); Section 551.086(Deliberation regarding Municipally Owned Utility); and Section 551.087 (Deliberation regarding Economic Development Negotiation).

In compliance with the Americans with Disabilities Act, the City of Cuero will provide reasonable accommodations for persons attending City Council meetings.  To better serve you, requests should be  received 24 hours prior to the meetings.  Please contact Jennifer Zufelt, City Secretary, at 361-275- 6114.

CERTIFICATION

I certify that a copy of the November 26, 2013 agenda of items to be considered by the City of Cuero Council was posted on the City Hall bulletin board on Friday, November 22 18, 2013 before 5:00 PM.     ___________________________________ Jennifer Zufelt, City Secretary 

CITY OF CUERO

COUNCIL MEETING AGENDA       

JANUARY 30, 2014

ORDINANCE 2014-19

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS, AUTHORIZING THE PURCHASE OF A PARCEL O F LAND BEING A 20.69 ACRE TRACT LAND IN THE JOSE ANTONIO VALDEZ GONZALES LEAGUE, A-47 IN DEWITT COUNTY, TEXAS FROM LUCKS TEXAS ENTERPRISES, A TEXAS LIMITED LIABILITY COMPANY ; AUTHORIZING THE EXPE N DITURE OF FUNDS FOR SAID PURCHASE; AUTHORIZIN G THE

MAYOR’S EXECUTION OF ALL CLOSING DOCUMENTS ASSOCIATED

WITH THE PURCHASE; AND DECLARING AN EMERGENCY.

WHEREAS, Lucks Texas Enterprises, a Texas Limited Liability Company, own s a parcel of land, BEING 20.69 acres of land situated in the Jose Antonio Valdez Gonzales League, A-47, in DeWitt County, described as follows:

Being a 20.69 acre tract of land situated in the Jose Antonio Valdez Gonzales League, A- 47, being a part of that certain called 25.48 acre tract described in a Warranty Deed dated December 21, 2012, from Donald Ray Wisian, David Wayne Wisian, Daniel Keith Wisian, Vickey O’Connor, Lorie Patterson, Rebecca Lynn Phillips and Shelia Kay Yancey to Lucks Texas Enterprises, LLC, recorded in Volume 458, Page 314 of the Official Records of DeWitt County, said 20.69 acre tract being described by metes and bounds as follows:

BEGINNING at an existing 5/8 inch steel rod in the north right-of-way line of Cheatham Road, at the southeast corner of a called 14.785 acre tract described to Bobby R. Pompa and wife Margie Pompa, recorded in Volume 112, Page 510 of the Official Records of said County, at the southwest corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the west line of the said called 25.48 acre tract, North 00°50’26” West (Basis of Bearings) for a distance of 764.86 feet, pass an existing ½ inch iron pipe at the northeast corner of the said called 14.785 acre tract and at the southeast corner of a called 16.76 acre tract described to Gary Elkins and Velma McElroy, recorded in Volume 12, Page 768 of the Official Records of said County, for a distance of 1633.85 feet, pass an existing 5/8 inch steel rod at the northeast corner of the said called 16.76 acre tract and at a south exterior corner of a called 191.645 acre tract described to Terrell W. Dahlman, recorded in Volume 484, Page 767 of the Official Records of said County, for a total distance of 1650.80 feet, to an existing 5/8 inch steel rod in the south line of the said called 191.645 acre tract, at the southwest corner of a called 0.55 acre easement described to Lucks Texas Enterprises, LLC, recorded in Volume 458, Page 314 of the Official Records of said County, at the northwest corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the north line of the said called 25.48 acre tract, South 89°42’31” East, for a distance of 959.19 feet, to an existing ½ inch iron pipe at the northwest corner of a called 37.16 acre tract described to Sterling Kuecker and wife Lilli Kuecker, recorded in

Volume 170, Page 406 of the Deed Records of said County, at the southeast corner of the said called 0.55 acre easement, at the northeast corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the west line of the said called 37.16 acre tract, South 00°37’36” West, for a distance of 645.82 feet, to an existing 5/8 inch steel rod at the northeast corner of a called 9.99 acre tract described to Lower Colorado River Authority, recorded in Volume 201, Page 127 of the Deed Records of said County, at an east exterior corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the north line of the said called 9.99 acre tract, North 89°33’37” West, for a distance of 435.67 feet, to a 5/8 inch steel rod, set with yellow cap stamped URBAN SURVEYING INC., at the northwest corner of the said called 9.99 acre tract, at an east interior corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the west line of the said called 9.99 acre tract, South 00°40’23” West, for a distance of 446.11 feet, to a 5/8 inch steel rod, set with yellow cap, in the west line of the said called 9.99 acre tract, in the east line of the said called 25.48 acre tract and at a south exterior corner of the herein described tract;

THENCE into the said called 25.48 acre tract, North 89°33’37” West, for a distance of 372.11 feet, to a 5/8 inch steel rod, set with yellow cap, at a south interior corner of the herein described tract;

THENCE continuing into the said called 25.48 acre tract, South 00°40’23” West, for a distance of 560.86 feet, to a 5/8 inch steel rod, set with yellow cap, in the north right-of- way line of Cheatham Road, in the south line of the said called 25.48 acre tract and at the southeast corner of the herein described tract;

THENCE with the north right-of-way line of Cheatham Road, North 89°36’11” West, for a distance of 108.32 feet, to THE POINT OF BEGINNING CONTAINING, within these metes and bounds 20.69 acres of land, more or less.

Bearings are based on bearings of record in Volume 458, Page 314 of the Official Records of DeWitt County, Texas.

TOGETHER with a non-exclusive access or roadway easement more particularly described as follows:

Metes and bounds of a 0.55 acre tract portion of a 50 feet wide undeveloped roadway adjoining above tract on the north:

BEGINNING at a 1/2 inch diameter iron pipe found at the northwest corner of a 37.16- acre tract described in deed to Sterling Kuecker et ux recorded in Volume 170, Page 406, and the northeast corner of the above described 25.48 acre tract;

THENCE with the north line of said 25.48-acre tract North 89°11’34” West a distance of 959.42 feet to a 5/8 inch diameter iron rod found at the northwest corner of a 18.76-acre tract described in deed to Gary Elkins et ux recorded in Volume 12, Page 768 in the Official Public Records of DeWitt County, Texas, being the northwest corner of the above 25.48-acre tract and the southwest corner of this tract;

THENCE North 00°50’26” West a distance of 25.01 feet to a 5/8 inch diameter iron rod set in the center of said undeveloped roads;

THENCE with said centerline, South 89°41’34” East a distance of 960.08 feet to a 5/8 inch diameter iron rod set in said centerline;

THENCE South 00°39’23” West a distance of 25.00 feet to the place of BEGINNING AND CONTAINING within these metes and bounds 0.55-acre of land.

The BASE BEARING used for this survey is the found Monumental East line of the 18.76-

acre tract described in Volume 12, Page 768 being South 00°50’26” East.

(hereinafter “real property”); and

WHEREAS, this City Council has determined that the cash consideration to be paid by the City of Cuero for said real property is the fair market value of the interest being sold, transferred and conveyed and same is based upon the real property; and

WHEREAS, the City of Cuero , will use and develop the real property in a manner that primarily promotes a pu blic purpose of the City of Cuero , which may include the construction of ________________________________ that primarily promotes a public purpose of the City of Cuero; and

WHEREAS, this City Council previously approve d a Real Estate Sales Contract (“Contract”) in Ordinance No. 2014-09 and those terms and conditions as contained therein; and

WHEREAS , this City Council does hereby authorize and approve the City’s purchase of that said real property; and

WHEREAS , this City Council does hereby authorize and approve the expenditure of present funds as necessary to purchase said real property in those amounts as pr ovided in the said contract; and

WHEREAS, the City Council does approve the deed in the form attached hereto as Exhibit “A” attached hereto and incorporated herein at length for all purposes;

WHEREAS, this City Council does hereby authorize and direct the Mayor of the City of Cuero to execute all closing documents as required or as may be necessary for the purchase of the real property, and all documents associated therewith.

NOWTHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS:

SECTION ONE. That the City Council of the City of Cuero does hereby approve the purchase of that real property BEING 20.69 acres of land situated in the Jose Antonio Valdez Gonzales League, A-47, in DeWitt County being more specifically described as follows:

Being a 20.69 acre tract of land situated in the Jose Antonio Valdez Gonzales League, A- 47, being a part of that certain called 25.48 acre tract described in a Warranty Deed dated December 21, 2012, from Donald Ray Wisian, David Wayne Wisian, Daniel Keith Wisian, Vickey O’Connor, Lorie Patterson, Rebecca Lynn Phillips and Shelia Kay Yancey to Lucks Texas Enterprises, LLC, recorded in Volume 458, Page 314 of the Official Records of DeWitt County, said 20.69 acre tract being described by metes and bounds as follows:

BEGINNING at an existing 5/8 inch steel rod in the north right-of-way line of Cheatham Road, at the southeast corner of a called 14.785 acre tract described to Bobby R. Pompa and wife Margie Pompa, recorded in Volume 112, Page 510 of the Official Records of said County, at the southwest corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the west line of the said called 25.48 acre tract, North 00°50’26” West (Basis of Bearings) for a distance of 764.86 feet, pass an existing ½ inch iron pipe at the northeast corner of the said called 14.785 acre tract and at the southeast corner of a called 16.76 acre tract described to Gary Elkins and Velma McElroy, recorded in Volume 12, Page 768 of the Official Records of said County, for a distance of 1633.85 feet, pass an existing 5/8 inch steel rod at the northeast corner of the said called 16.76 acre tract and at a south exterior corner of a called 191.645 acre tract described to Terrell W. Dahlman, recorded in Volume 484, Page 767 of the Official Records of said County, for a total distance of 1650.80 feet, to an existing 5/8 inch steel rod in the south line of the said called 191.645 acre tract, at the southwest corner of a called 0.55 acre easement described to Lucks Texas Enterprises, LLC, recorded in Volume 458, Page 314 of the Official Records of said County, at the northwest corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the north line of the said called 25.48 acre tract, South 89°42’31” East, for a distance of 959.19 feet, to an existing ½ inch iron pipe at the northwest corner of a called 37.16 acre tract described to Sterling Kuecker and wife Lilli Kuecker, recorded in Volume 170, Page 406 of the Deed Records of said County, at the southeast corner of the said called 0.55 acre easement, at the northeast corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the west line of the said called 37.16 acre tract, South 00°37’36” West, for a distance of 645.82 feet, to an existing 5/8 inch steel rod at the northeast corner of a called 9.99 acre tract described to Lower Colorado River Authority, recorded in Volume 201, Page 127 of the Deed Records of said County, at an east exterior corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the north line of the said called 9.99 acre tract, North 89°33’37” West, for a distance of 435.67 feet, to a 5/8 inch steel rod, set with yellow cap stamped URBAN SURVEYING INC., at the northwest corner of the said called 9.99 acre tract, at an east interior corner of the said called 25.48 acre tract and the herein described tract;

THENCE with the west line of the said called 9.99 acre tract, South 00°40’23” West, for a distance of 446.11 feet, to a 5/8 inch steel rod, set with yellow cap, in the west line of the said called 9.99 acre tract, in the east line of the said called 25.48 acre tract and at a south exterior corner of the herein described tract;

THENCE into the said called 25.48 acre tract, North 89°33’37” West, for a distance of 372.11 feet, to a 5/8 inch steel rod, set with yellow cap, at a south interior corner of the herein described tract;

THENCE continuing into the said called 25.48 acre tract, South 00°40’23” West, for a distance of 560.86 feet, to a 5/8 inch steel rod, set with yellow cap, in the north right-of- way line of Cheatham Road, in the south line of the said called 25.48 acre tract and at the southeast corner of the herein described tract;

THENCE with the north right-of-way line of Cheatham Road, North 89°36’11” West, for a distance of 108.32 feet, to THE POINT OF BEGINNING CONTAINING, within these metes and bounds 20.69 acres of land, more or less.

Bearings are based on bearings of record in Volume 458, Page 314 of the Official Records of DeWitt County, Texas.

TOGETHER with a non-exclusive access or roadway easement more particularly described as follows:

Metes and bounds of a 0.55 acre tract portion of a 50 feet wide undeveloped roadway adjoining above tract on the north:

BEGINNING at a 1/2 inch diameter iron pipe found at the northwest corner of a 37.16- acre tract described in deed to Sterling Kuecker et ux recorded in Volume 170, Page 406, and the northeast corner of the above described 25.48 acre tract;

THENCE with the north line of said 25.48-acre tract North 89°11’34” West a distance of 959.42 feet to a 5/8 inch diameter iron rod found at the northwest corner of a 18.76-acre

tract described in deed to Gary Elkins et ux recorded in Volume 12, Page 768 in the Official Public Records of DeWitt County, Texas, being the northwest corner of the above 25.48-acre tract and the southwest corner of this tract;

THENCE North 00°50’26” West a distance of 25.01 feet to a 5/8 inch diameter iron rod set in the center of said undeveloped roads;

THENCE with said centerline, South 89°41’34” East a distance of 960.08 feet to a 5/8 inch diameter iron rod set in said centerline;

THENCE South 00°39’23” West a distance of 25.00 feet to the place of BEGINNING AND CONTAINING within these metes and bounds 0.55-acre of land.

The BASE BEARING used for this survey is the found Monumental East line of the

from Lucks Texas Enterprises, a Texas Limited Liability Company.

SECTION TWO. The City Council of the City of Cuero does hereby approve and authorize the Deed in the form attached hereto as Exhibit A.

SECTION FOUR . The City Council of the City of Cuero does hereby approve and authorize the expenditure of all funds as are necessary of the purchase of the subject property.

S ECTION FIVE . That the Mayor of the City of Cuero, be and s he is hereby authorized and directed to execute , on behalf of the City of Cuero , all closing documents as are necessary for the purchase of the said real property. The Mayor should take all other actions reasonably necessary or convenient to effectuate the purchase.

SECTION SIX . Such purchase is immediately necessary in order to close the sale of property that would provide a public benefit to the Citizens of Cuero, and such fact constitutes an emergency for the preservation of public business, health, and safety, thereby demanding that the rule which requires an ordinance be read at more than one meeting of the City Council be and the same is hereby suspended and this ordinance shall take effect immediately upon and after its passage.

UPON MOTION OF COUNCILMEMBER ____________, SECONDED BY COUNCILMEMBER _____________, THAT THE ORDINANCE BE PASSED ON FIRST READING THE _______ DAY OF ______________________, 2014 . AYES: ______ NAYES: _______ MOTION CARRIED.

FINALLY ADOPTED AND APPROVED BY EMERGENCY READING ON THE _________ DAY OF __________________, 2014.

____________________________________ SARA POST MEYER

MAYOR ATTEST: __________________________________ JENNIFER ZUFELT CITY SECRETARY APPROVED AS TO LEGALITY: __________________________________ JAMES K. CRAIN, III

ORDINANCE NO. 2014 - ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS, APPROVI NG A LEASE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF DEWITT COUNTY, INC. AND AUTHORIZING THE EXECUTION OF SAID LEASE AGREEMENT BY THE MAYOR OF THE CITY OF CUERO, TEXAS.

WHEREAS, The Boys and Girls Club, Inc., a Texas Non-Profit Corporation(hereinafter the “Club”) has requested that the City of Cuero, a Municipal Corporation(hereinafter the “City”), lease property owned by the City of Cuero, commonly known as the Cuero Senior Citizens Building located at 1310 East Courthouse Street, in Cuero, Texas;

WHEREAS, the City Council of the City has reviewed the lease agreement and has approved same in all respects.

WHEREAS , the City Council of the City of Cuero finds that the lease provides for sufficient retention of control by the City over the land and buildings and the Club and there is no improper delegation of municipal power; and WHEREAS , the City Council of the City of Cuero finds that the use of the land to be leased is for a purpose as is maintained by the City of Cuero; there being no change in the use of the said land(“parkland”); and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS:

The City Council does herenow approve the lease agreement in the form attached hereto as Exhibit “A”. The City Council does now authorize the Mayor to execute the lease agreement in the form attached hereto and incorporated herein by reference at length as Exhibit “A” being the Cuero Senior Citizens Building to the Club.

That all terms and conditions are provided in the Attached Exhibit “A”.

UPON MOTION OF COUNCILMEMBER ___________ , SECONDED BY COUNCILMEMBER ___________ , THAT THE ORDINANCE BE PASSED ON FIRST READING THE ____________TH

DAY OF _____________________ 2014. AYES: ______ NAYES: _______ MOTION CARRIED. UPON MOTION OF COUNCILMEMBER ________ , SECONDED BY COUNCILMEMBER __________ , THAT THE ORDINANCE BE PASSED ON SECOND READING THE ______ DAY OF ______________2014 . AYES: ______ NAYES: ________ MOTION CARRIED.

UPON MOTION OF COUNCILMEMBER __________ , SECONDED BY COUNCILMEMBER __________ , THAT THE ORDINANCE BE PASSED ON THIRD AND FINAL READING, THE _______ DAY OF ______________ 2014. AYES: _______ NAYES: _________ FINALLY ADOPTED AND APPROVED THE ________ DAY OF __________ 2014.

____________________________________ SARA POST MEYER

MAYOR ATTEST: __________________________________ Jennifer Zufelt CITY SECRETARY APPROVED AS TO LEGALITY:

_______________________________ JAMES K. CRAIN, III

“EXHIBIT “A”

LEASE AGREEMENT - CITY OF CUERO AND BOYS AND GIRLS CLUB OF DEWITT COUNTY, INC.

THE STATE OF TEXAS :

: KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DEWITT :

THIS LEASE AGREEMENT is made and entered into this ______ day of _________ 2014, by and between theCity of Cuero(“City or Lessor”),a Municipal Corporation, andBOYS AND GIRLS CLUB OF DEWITT COUNTY, INC.(“Club or Lessee”), a Texas Non-Profit Corporation, each acting herein by and through its duly authorized officials.

WHEREAS, the City desires to enter into a lease agreement with the Club for the lease of the Senior Citizens Building located at 1310 East Courthouse Street in Cuero, Texas 77954;

WHEREAS, the City and Club now enter into this lease agreement for the lease of the Cuero Senior Citizens Building;

WHEREAS , this lease provides for sufficient retention of control by the C ity over the land and the Club and that there is no improper delegation of municipal power; and

WHEREAS , the use of the land to be leased is for a purpose as is maintained by the City of Cuero, and there will be no change in the use of the said land(“parkland”); and

NOW THEREFORE, for and in consideration of the premises and the further consideration of the faithful performance by all parties hereto of the covenants, terms and conditions herein set forth, the City of Cuero, Texas, acting by and through its Mayor, has Leased, Let and Demised, and by these presents does hereby Lease, Let and Demise unto the Boys and Girls Club of DeWitt County, Inc. for the use of the facilities of the Cuero Senior Citizens Building, including rooms, kitchen, restrooms and adjacent grounds situated at the Northwestern part of the Cuero Municipal Park between Main Street and CourthouseStreet in Cuero, DeWitt County, Texas, being 1310 East Courthouse Street, Cuero, Texas. This Lease Agreement is made upon the following expressed terms and conditions:

(1) The Term of this lease shall be for a period of three(3) years beginning May 15, 2014, and expiring(terminating) on May 14, 2017. City hereby grants Club the option to extend the term of the lease for one additional three(3) year term under the same terms and conditions. Club may exercise such option by providing written notice to the City at least 30 days prior to the end of the then current term. If such notice is not provided, then this lease will terminate on May 14, 2017. If the option is exercised by the Club, then this lease will terminate on May 14, 2020.

(2) The hours of operation for use of the leased property by the Club shall be limited to the following hours;

from 7:00 A.M. to 11:00 P. M., seven(7) days a week.

(3) In the event Club is in default of this agreement, the City shall notify Club of said default and provide them with 30 days to cure the default. If Club does not cure same within said time period, the City reserves the right to terminate this lease agreement immediately.

(4) Any notice will be at the following address: Boys and Girls Club of DeWitt County, Inc. P. O. Box 564_

Cuero, Texas 77954 City of Cuero

_____________________________________ Cuero, Texas 77954

(5) This lease will be subject to the City constructing ADA restrooms and other remodeling work on the leased property. The Club will not be responsible for such construction costs.

Club’s Obligations and Agreements:

1. Consideration for said Lease shall be the responsibility of Club for all repairs and maintenance of facilities including the building, grounds, landscaping and bathrooms except as otherwise provided herein. All inside lighting shall be the responsibility of the Club, with outside lighting being the responsibility of the City. Further, Club shall be responsible for and timely pay all occupancy charges that may be incurred. Internet and Cable TV service shall be the responsibility of the Club.

2. Club agrees that all use of said facilities shall be exclusively used to promote, support and provide for youth activities. Club shall be responsible for scheduling all events and shall notify and obtain the consent of the City Manager in the event of activities other than youth activities. Such notice shall be in a reasonable manner and ten (10) days prior to such events occurrence or within a reasonable time prior to the occurrence of such events.

3. Club shall obtain, furnish and display adequate warning signs disclaiming responsibility by

CityandClubfor accidents and shall have the responsibility for the enforcement of safety and the conduct of all activities on the facilities herein leased.

4. As further consideration of execution of this lease,Clubdoes hereby agree to furnish the City Manager with copies of all invoices and other proof of funds expended in improvement of such facilities and copies of minutes of the meetings of Club. Club will provide the City Manager with an annual report of all expenditures and income statements, as well as copiesof minutes of all meeting. Such report shall be due within 30 days after the last day of the club’s fiscal year.

5. In the event of the notification of any activities other than to promote, support and provide youth activities is received by the City Manager as above provided for and in the discretion of the City Manager, and an objection is had on the part of the City both parties herein agree that prior to the continuation of any such use of the facilities, the matter shall be presented to the City Council of the City of Cuero, Texas, at the next regularly scheduled meeting and Club

herein does agree to be bound by the discretion of the City Council of the City of Cuero, Texas.

6.

AND HOLD CITY HARMLESS FROM EVERY CLAIM, DEMAND, LIABLITY, DAMAGE(PERSONAL AND PROPERTY) OR CAUSE OF

ACTION ARISING OUT OF ANY SUCH INJURY OR DAMAGE.

THE

UNDERSIGNED WA IVES ALL CLAIMS AGAINST CITY AND RELEASES CITY FROM ANY

LIABILITY, BASED ON ANY (a) INJURY TO OR DEATH TO ANY PERSON OR (b)

DAMAGE TO OR LOSS OF ANY PROPERTY BELONGING TO CLUB OR ANY THIRD

PARTY.

7. Maintain the insurance coverages described in Exhibit “A”, Insurance Addendum to Lease.

8. Club will require all youth participants of the Club to provide Club with release/waivers of liability signed by all parents and/or legal guardians of all boys and girls. Club will also require all volunteers to provide(sign) the Club with release/waivers of liability.

9. Clubmay not make any alteration to the said building without the approval, in advance, of the City Manager. Any alterations or additions to the said premises and any permanent attachment or fixture thereto shall be deemed a part of the real estate and shall belong to

City.

10. Club further agrees to lock and unlock the Building for each event and to keep the building locked at all times when activities are not held.

City’s Obligations

1. City does hereby agree to furnish electricity, water, sewer and garbage collection at no charge to Club.

2. City shall be responsible for mowing the grounds and the maintenance of all outside lighting. 3. City shall be responsible for the repair and/or maintenance to plumbing, electrical and

structural work required to the building during the term of the lease. This shall also include any remodeling work to be done to the building, if any.

General Obligations

1. City and Club do agree and covenant that all improvements to the building including any of the facilities erected by the Club shall be the assets of the City. Club shall maintain and receive as the property of Club all revenue received by Club for activities, including but not limited to, admission fees, entrance fees, application fees, the concession stand and advertisement by sponsors of events.

2. If Club shall in all things perform the terms and conditions of this lease as herein set forth,

City does hereby covenant that Club shall enjoy the leased premises during the term of this lease.

3. The City and Club agree that this agreement allows for fair compensation to the other.

4. TheCity andClub agree that this agreement is for the non-exclusive use of the building and that other persons, groups, entities and organizations may use the building andClubwill work out use times with those persons, groups, entities and organizations.

5. Any amendments, deletions or additions to this agreement shall be in writing and signed by both parties.

6. This lease may not be assigned or subleased without the written consent of the other party.

EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE _______ DAY OF _______________2014 , to have an effective date of _______________, 2014 .

Lessor:

CITY OF CUERO

Attest: By: Sara Post Meyer, Mayor

_________________________ Jennifer Zufelt, City Secretary

Lessee:

BOYS AND GIRLS CLUB OF DEWITT COUNTY, INC. By:

____________________, President Attest:

___________________________ Secretary

EXHIBIT A

INSURANCE ADDENDUM TO LEASE

Maintain the property and/or liability insurance policies required below (mark applicable boxes) and such other insurance coverages and/or higher policy limits as may be required by the City during the Term and any period before or after the Term when Club is present on the Premises:

Type of Insurance or Endorsement Minimum Policy or Endorsement Limit

General Liability Insurance Policies Required of Club:

X Commercial general liability (occurrence basis)

Per occurrence: $1,000,000.00 General aggregate: $2,000,000.00

Required Endorsements to Tenant’s General Liability or Business Owner’s Policy:

‘ Designated location(s) general aggregate limit

‘ _{________________________________}

$____________ $____________ Property Insurance Policy Required of Club:

‘ _{Causes of loss—special form 100 percent of replacement cost of (a) all items included}

in the definition of Club’s Rebuilding Obligations and (b) all of Club’s furniture, fixtures, equipment, and other business personal property located in the Premises Or

‘ _{Business owner’s policy 100 percent of replacement cost of (a) all items included}

in the definition of Club’s Rebuilding Obligations and (b) all of Club’s furniture, fixtures, equipment, and other business personal property located in the Premises

2. Comply with the following additional insurance requirements:

a. The commercial general liability (or business owner’s property policy) must be endorsed to name City as “additional insured” andmust not be endorsed to exclude the sole negligence of the City from the definition of “insured contract.”

b. Additional insured endorsements must not exclude coverage for the sole or contributory ordinary negligence of the City.

c. Property insurance policies must contain waivers of subrogation of claims against City. d. Certificates of insurance and copies of any additional insured and waiver of subrogation

endorsements must be delivered by Club to City before entering the Premises and thereafter at least ten days before the expiration of the policies.

3. Obtain the approval of City with respect to the following: the forms of City’s insurance policies, endorsements and certificates, and other evidence of City’s Insurance; the amounts of any deductibles or self-insured retentions amounts under City’s Insurance; and the creditworthiness and ratings of the insurance companies issuing City’s Insurance.

1 ORDINANCE NO. 2014- 20

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS, APPROVING A PRELIMINARY AND FINAL PLAT OF A 4.124 ACRES, LOTS 1,2 & 3, BLOCK 1, LAND OUT OF HEPSEBETH TAYLOR SURVEY A-43 LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF CUERO, DEWITT COUNTY, TEXAS AND IS A PART OF THAT CALL ED 117.3 ACRE TRACT DESCRIBED IN DEED TO THE CITY OF CUERO FROM THE TEXAS AND NEW ORLEANS RAILROAD, CO., RECORDED IN VOLUME 107 PAGE 502 IN THE DEED OF RECORDS, CUERO,

DEWITT COUNTY TEXAS , REPEALING ORDINANCES OR PART OF ORDINANCES

IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PRESCRIBING AN EFFECTIVE DATE.

WHEREAS, pursuant to the provisions of §212.008 of the Local Government Code, Cuero Land Acquisition, LLC, James R. Reese has filed and submitted an application for the approval of a Preliminary and Final Plat of a portion of 4.124 acres , lots 1,2,3, Block 1, land out of Hepsebeth Taylor Survey A-43, located within the corporate limits of the City of Cuero, DeWitt County, Texas and is part of that called 117.3 acre tract described in deed to the City of Cuero from the Texas and New Orleans Railroad, Co., DeWitt County to the City of Cuero’s Planning and Zoning Commission; and

WHEREAS , the said plat has also been filed with the City Council of the City of Cuero for approval; and

WHEREAS , a true and correct copy of the plat submitted for approval is attached hereto and incorporated herein at length for all purposes as if fully set forth herein as EXHIBIT “A”; WHEREAS, Cuero Land Acquisition, LLC. is the sole owner of the property as depicted in the plat; and

WHEREAS, all notices for public hearings have been provided for and public hearings held by the City Council and Planning and Zoning Commission according, as applicable according to law; and

WHEREAS , this City Council finds that the Planning and Zoning Commission has previously approved said plat and recommends that this City Council approve same; and

WHEREAS , this City Council finds that the plat has been signed and acknowledged by the sole owner of the property platted; and

WHEREAS , this City Council finds that this plat conforms to all standards of approval as required by Section 212.010 of the Texas Local Government Code and all other applicable provisions of law;

WHEREAS , this City Council finds that the provisions of Section 212.0105 of the Texas Local Government Code do not apply to this subject property;

2 WHEREAS , this City Council does herenow approve the plat attached hereto as filed and submitted, and direct the Mayor of the City of Cuero to endorse the plat with a certificate indicating approval, with same being attested to by the City Secretary as provided by Section 212.009 of the Texas Local Government Code;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS:

SECTION ONE. That the City Council of the City of Cuero does herenow approve in all things the preliminary and final plat of Cuero Land Acquisition, LLC , a division of land located within the City of Cuero as depicted in Exhibit A as same was filed and submitted by Cuero Land Acquisition, LLC.

SECTION TWO. That the City Council of the City of Cuero directs the Mayor of the City of Cuero to endorse the plat with a certificate indicating this Council’s approval of same, and being attested to by the City Secretary as provided by Section 212.009 of the Texas Local Government Code;

SECTION THREE: All ordinances or parts of ordinances not consistent, or conflicting with, the provisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency, and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. Any cause of action accruing prior to the passage of this ordinance shall continue as if this ordinance was not passed or any other ordinance had not been repealed.

SECTION FOUR: That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article, or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of a court of competent jurisdiction, such voidness , ineffectiveness, or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, articles, or sections of this ordinance since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, subsection, article, or section.

SECTION FIVE: This ordinance shall take effect immediately from and after its passage after the required three (3) readings and the publications of the caption as the law in such cases provides.

UPON MOTION OF COUNCILMEMBER ____________, SECONDED BY

COUNCILMEMBER _________, THAT THE ORDINANCE BE ADOPTED ON FIRST READING. AYES: NAYES: MOTION CARRIED THIS DAY OF ____________2014. UPON MOTION OF COUNCILMEMBER _____________ , SECONDED BY COUNCILMEMBER ___________, THAT THE ORDINANCE BE ADOPTED ON

3 SECOND READING. AYES: NAYES: MOTION CARRIED THIS DAY OF ______________2014.

UPON MOTION OF COUNCILMEMBER ______________, SECONDED BY

COUNCILMEMBER ____________, THAT THE ORDINANCE BE ADOPTED ON THIRD AND FINAL READING. AYES: NAYES: MOTION CARRI ED THIS DAY OF __________________2014 .

______________________________ SARA POST MEYER

MAYOR ATTEST: ______________________________ JENNIFER ZUFELT CITY SECRETARY APPROVED AS TO LEGALITY: ______________________________ JAMES K. CRAIN, III

Interlocal Agreement, Page 1

INTERLOCAL AGREEMENT

FOR A STREET AND UTILITIES ASSOCIATED WITH

THE NEW ELEMENTARY SCHOOL

STATE OF TEXAS §

§

COUNTY OF DEWITT §

WHEREAS, this Interlocal Agreement for a Street and Utilities Associated with the New Elementary School, hereinafter called “Agreement,” is made and entered into by and between the Cuero Independent School District, an independent school district and political subdivision of the State of Texas, hereinafter called “District” and the City of Cuero, a municipal corporation located in DeWitt County, Texas, hereinafter called “City.”

W I T N E S S E T H :

WHEREAS, the City is a political subdivision of the State of Texas and the owner of certain electric, water, and wastewater facilities that it utilizes to provide utility service to its customers, including the District, and further the City has the authority to build, construct, improve, and/or maintain public rights-of-way within the city limits;

WHEREAS, the District plans on constructing a new elementary school to be located on that certain 20 acre tract of land, more or less, out of the Hepsebeth Taylor League, Abstract 43, DeWitt County, Texas (“New School”), that the District has contracted to purchase from R. W. Mann; Matthew Alden Mann; Mark Alan Mann; and Richard W. Mann, Jr.; and

WHEREAS, the Parties desire to enter into this Agreement pursuant to the Interlocal Cooperation Act in order to set forth the terms and conditions pursuant to which the City will provide for the design, construction and payment of improvements to serve the New School including a public street and utilities as hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter set forth, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

I.

BASIC AGREEMENT TERMS

1.01 The District and the City agree that the District acquiring fee title to the property at the closing of the above-referenced transaction with R. W. Mann, et al, shall be a condition precedent to the agreement of the parties and the enforcement of the parties’ obligations as set forth herein; and

Interlocal Agreement, Page 2

1.02 The District and the City agree that neither sufficient access nor sufficient utilities are currently available at the site of the New School;

1.03 The District and the City have found it will increase the efficiency and effectiveness of their respective entities as required by Section 791.001, et seq. of the Texas Government Code, the Texas Interlocal Cooperation Act (“the Act”), and will be in their best interests and the interest of the public to cooperate in creating the Project; and

1.04 To endeavor to ensure that such services and access will be available at the time of the scheduled opening of the New School in the Fall of [insert year]; the District wishes to convey to the City necessary utility easements for the construction and installation of public utilities over, under, and across the District property as reasonably necessary for provision of public utilities to the New School;

1.05 The City is agreeable to the following:

a. The City agrees to provide a fully installed and operational eight-inch (8”) or larger publicly maintained water line to the boundary of the property;

b. The City agrees to provide a fully installed and operational [insert desired inch width] or larger publicly maintained sanitary sewer line to the boundary of the Property;

c. The City agrees to provide a fully installed and operational electrical utility line to the boundary of the Property;

d. The City agrees to use all reasonable efforts to secure, at its sole cost and expense, all easements or other real property interests required for a public right-of-way to be designed, constructed, and maintained by the City to provide public access to the New School. The design of such public right-of-way must be approved by the City in advance to ensure the public right-of-way is acceptable to the District to adequately accommodate District needs to service the New School;

e. The City is agreeable to provide City utilities to the District at a discounted rate [insert discount, how to be calculated, and duration of applicable discount]; and f. The City agrees to the extension of the present municipal boundaries (i.e., City

limits) so as to include in, and annex as a part of the City of Cuero, the property described herein to be purchased the District from R. W. Mann, et al, and to take the appropriate action necessary to accomplish this annexation after application for annexation is properly made by the District.

Interlocal Agreement, Page 3

II.

DISTRICT’S RESPONSIBILITIES

Conveyances. In consideration of the mutual covenants and agreements of this Agreement, the District agrees to convey necessary utility easements to the City for the construction and installation of public utilities over, under, and across the District property as reasonably necessary for provision of public utilities to the District

III.

CITY’S RESPONSIBILITIES

3.01 Acquisition of Property for Public Right-of-Way. The City is responsible for securing, at the sole cost and expense of the City, all easements or other real property interests required for construction of the public right-of-way to service the New School.

3.02 Professional Services. The City covenants and agrees to engage competent, experienced design professionals for the design, administration, oversight and inspection services pertaining to the public roadway and utilities (collectively the “Improvements”) to be constructed. Such services shall include not only design services, but also procurement phase and construction phase services as approved by the City. The design professionals engaged in furtherance of this Agreement shall be required to comply with all laws, rules or regulations of applicable governmental authorities in order to meet or exceed the quality standards set by such applicable governmental authorities. The design plan for the public right-of-way to service the New School shall be a design that is mutually acceptable and agreed upon in advance by the District and the City that can adequately accommodate District requirements to service the New School.

3.03 Procurement. Once the City has approved the plans the City shall be obligated to advertise for proposals or bids for the construction of the Improvements and award a construction contract in accordance with all laws applicable to the City. The City shall be solely responsible for compliance with all bidding and procurement laws with regard to the method of delivery of construction services for the Project.

3.04 Construction. Once a contract is awarded for the Improvements, the City’s contractor will begin the construction of the Improvements in accordance with the approved plans and specifications on the Property and continue such construction efforts thereafter in a diligent manner until the Project is completed and accepted by the City. Construction of the Improvements shall be completed and accepted no later than [insert date].

3.05 Progress of Work. Upon request, the City shall provide an update of the status of the construction of the Improvements to the District.

Interlocal Agreement, Page 4

3.07 Annexation. City agrees to accept the District’s Petition for Annexation and to conduct public hearings in accordance with the procedures set forth in the Texas Local Government Code regarding annexation within an acceptable timeline provided by the District.

IV. COSTS

The City shall be solely responsible for all costs associated with the construction and installation of Project Improvements and all costs associated with any tap fees for the District’s connection to the water and sewer utilities. The City shall also be solely responsible for all costs associated with the maintenance, repair and operation of the Improvements, and the District shall have no obligation for such maintenance and operation.

V.

TERM AND TERMINATION

5.01 Term. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force and effect from the Effective Date until the final completion of the Improvements and acceptance thereof by the District.

5.02 Force Majeure. If force majeure prevents either Party hereto from performing any of its obligations under this Agreement, in whole or in part, then the obligations of such party, to the extent affected by such force majeure, shall be suspended during the continuance of any inability so long as such party is exercising due diligence to resume performance at the earliest practicable time. As soon as reasonably possible after occurrence of the force majeure relied upon, the Party whose contractual obligations are affected thereby shall give notice and full particulars of such force majeure to the other party. The term "Force Majeure," as used herein, shall include, without limitation of the generality thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakages or accidents to machinery, pipelines or canals, partial or entire failure of water supply, and any other inabilities of either Party, whether similar to those enumerated or otherwise, which are not within the control of the party claiming such inability, and which such party could not have avoided by the exercise of due diligence and care.

VI.

CONDITIONS AND REPRESENTATIONS 6.01 CISD acknowledges, represents and agrees that:

a. CISD is a political subdivision of the State of Texas and has the requisite power and authority to take all necessary action to execute and deliver this Agreement and to perform all obligations hereunder;

b. Execution of this Agreement and the consummation of the transactions contemplated hereunder will not constitute an event of default under any contract,

Interlocal Agreement, Page 5

covenant or agreement binding upon it, and will not violate the provisions of the United States Constitution, the Texas Constitution, or any federal, state or local law, ordinance or regulation; and

c. This Agreement is a contract for goods and services for purposes of Chapter 271, Subchapter I, of the Texas Local Government.

d. The City is executing this Agreement in reliance on each of the representations set forth above and each such representation will survive the execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement.

6.02 The City represents and warrants to CISD that:

a. The City is a municipality of the State of Texas, and has the requisite power and authority to take all necessary action to execute and deliver this Agreement and to perform all obligations hereunder.

b. The execution, delivery and performance of this Agreement have been duly authorized by all necessary action on the part of the City and the person executing this Agreement on behalf of the City has been fully authorized and empowered to bind the City to the terms and provisions of this Agreement;

c. This Agreement does not contravene any law or any governmental rule, regulation or order applicable to the City;

d. The execution and delivery of this Agreement and the performance by the City of its obligations hereunder do not contravene the provisions of, or constitute a default under, the terms of any indenture, mortgage, contract, resolution, or other instrument to which the City is a party or by which the City is bound; and

e. CISD is executing this Agreement in reliance on each of the warranties and representations set forth above and each such representation and warranty of the City will survive the execution and delivery of this Agreement and the consummation of each of the transactions contemplated by this Agreement.

VII. REMEDIES

7.01 If CISD fails or refuses to timely comply with any of its obligations hereunder, or if CISD’s representations or covenants contained herein are not true or have been breached, the City will have the right to enforce this Agreement by any remedy at law or in equity or under this Agreement to which it may be entitled; to terminate this Agreement; or to waive the applicable objection or condition.

7.02 If the City fails or refuses to timely comply with its obligations hereunder, or if the City’s representations or covenants contained herein are not true or have been breached, CISD will have the right to enforce this Agreement by any remedy in equity to which it may be entitled, including termination, or waive the applicable objection or condition.

7.03 The Parties acknowledge and agree that this Agreement is subject to Chapter 271, Subchapter I, of the Texas Local Government Code, and the limited waiver of sovereign immunity

Interlocal Agreement, Page 6

provided in that Subchapter. The Parties further hereby agree and expressly authorize the prevailing party in an adjudication brought pursuant to this Agreement to recover its reasonable and necessary attorney’s fees in accordance with Chapter 271, Subchapter I, of the Texas Local Government Code. Nothing in this section shall be construed to limit, or constitute a waiver of, any Party’s sovereign or governmental immunity to claims of liability raised by third persons, and each Party specifically retains all immunity from suit and from damages that it may otherwise be entitled to under the laws of the State of Texas.

7.04 If either Party (referred to herein as the “Defaulting Party”) fails to comply with its obligations under this Agreement or is otherwise in breach or default under this Agreement (collectively, a “Default”) then the other Party (referred to herein as the “Non-Defaulting Party”) may not invoke any rights or remedies with respect to the Default until and unless: (i) the Non-Defaulting Party delivers to the Non-Defaulting Party a written notice (the “Default Notice”) which specifies all of the particulars of the Default and specifies the actions necessary to cure the Default; and (ii) the Defaulting Party fails to commence to cure any matters specified in the Default Notice within ten (10) days after the Defaulting Party's receipt of the Default Notice or fails to thereafter pursue curative action with reasonable diligence to completion.

VIII. NOTICES

All notices hereunder from CISD to the City will be sufficient if sent by certified mail, email, or facsimile transmission with confirmation of delivery, addressed to the City of Cuero to the attention of the City Manager, P.O. Box 660, Cuero, TX 77954, email rzella@cityofcuero.com, facsimile: 361-275-3476. All notices hereunder from the City to CISD will be sufficiently given if sent by certified mail, email, or facsimile transmission with confirmation of delivery, addressed to CISD to the attention of Superintendent of Schools, Cuero Independent School District, 405 Park Heights Blvd. Cuero, TX 77654, email jhaley@cueroisd.org, facsimile: 361-275-2981.

IX.

MISCELLANEOUS

9.1 Authority. This Agreement is made in part under the authority conferred in Chapter 791, Texas Government Code.

9.2 The City covenants that as of the date of execution of this Agreement, it reasonably believes that the City has appropriated or will appropriate sufficient funds available to make all payments and costs for which it is responsible under this Agreement.

9.3 Execution. This Agreement may be simultaneously executed in any number of

counterparts, each of which will serve as an original and, will constitute one and the same instrument.

9.4 Costs and Expenses. Except as otherwise expressly provided herein, each Party will be responsible for all costs and expenses incurred by such Party in connection with the transaction contemplated by this Agreement.

Interlocal Agreement, Page 7

9.5 Governing Law. This Agreement will be governed by the Constitution and laws of the State of Texas, except as to matters exclusively controlled by the Constitution and Statutes of the United States of America.

9.6 Successors and Assigns. The assignment of this Agreement by either Party is prohibited without the prior written consent of the other Party, which consent will not be unreasonably withheld. All of the respective covenants, undertakings, and obligations of each of the Parties will bind that Party and will apply to and bind any successors or assigns of that Party.

9.7 Headings. The captions and headings appearing in this Agreement are inserted merely to facilitate reference and will have no bearing upon its interpretation.

9.8 Partial Invalidity. If any of the terms, covenants or conditions of this Agreement, or the application of any term, covenant, or condition, is held invalid as to any person or circumstance by any court with jurisdiction, the remainder of this Agreement, and the application of its terms, covenants, or conditions to other persons or circumstances, will not be affected.

9.9 Waiver. Any waiver by any Party of its rights with respect to a default or requirement under this Agreement will not be deemed a waiver of any subsequent default or other matter.

9.10 Amendments. This Agreement may be amended or modified only by written agreement

duly authorized by the governing body of the City and CISD, and executed by the duly authorized representatives of all Parties.

9.11 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Without limitation, each Party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement.

9.12 Venue. All obligations of the Parties are performable in DeWitt County, Texas and venue for any action arising hereunder will be in DeWitt County.

9.13 Third Party Beneficiaries. Except as otherwise expressly provided herein, nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement.

9.14 Representations. Unless otherwise expressly provided, the representations, covenants, and other agreements will be deemed to be material and continuing, will not be merged, and will survive the design, construction, and acceptance of the Improvements.

9.15 Notwithstanding anything to the contrary contained in this Agreement, the City and District hereby agree that no claim or dispute between the City and District arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that