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14-R-103 - SCUCISD Roadway & Vehicular & Pedestrian BridgeORIGINAL RESOLUTION NO. 14 -R -103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY AND VEHICULAR AND PEDESTRIAN BRIDGE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into the agreements ; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the City owns certain ball fields known as the Schertz Ballpark and associated parking lots ( "City Parking Lots "), managed by the Buffalo Valley Youth Association ( "BVYA "), located at 1400 Schertz Parkway in Schertz, Texas; WHEREAS, the District desires to utilize the City Parking Lots for overflow parking for District athletic events; WHEREAS, the District owns parking lots ( "District Parking Lots ") near the ball fields separated by a drainage ditch; WHEREAS, the City desires to use the District Parking Lots as additional parking for the residents of the City attending athletic events at the ball fields; WHEREAS, to facilitate access to the ball fields by residents from the District Parking Lots across the drainage channel, both the City and the District have determined it is in their best interest to enter into an agreement for the construction, development, and maintenance of a Drainage Channel Crossing Improvement Project consisting of a roadway and a vehicular and pedestrian bridge (the `Bridge ") that connects the parking lots to the ball fields; and WHEREAS, the Bridge and Roadway will be for the use and benefit of the public, including residents of both the City and the residents residing in areas served by the District. WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Interlocal Agreement with the Schertz - Cibolo- Universal City Independent School District regarding the Bridge and Roadway attached hereto as Exhibit A (the "Agreements "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreements with Schertz Cibolo Universal City ISD related to the Bridge and Roadway Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 16th day of December, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A INTERLOCAL AGREEMENT LN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY AND VEHICULAR AND PEDESTRIAN BRIDGE This Interlocal Agreement Between the City of Schertz, Texas and the Schertz- Cibolo- Universal City Independent School District Regarding a Roadway, Vehicular and Pedestrian Bridge(the "Agreement ") is entered into between the City of Schertz, Texas, a Texas municipal corporation (the "City"), and the Schertz - Cibolo- Universal City Independent School District, a political subdivision of the State of Texas (the "District "), acting by and through its Board of Trustees pursuant to authority granted under the Interlocal Cooperation Act, Chapter 791, Texas Government Code, as the same may be amended from time to time, to be effective as of the date on which the last Party signs this Agreement (the "Effective Date "). The City and the District are collectively referred to herein as the "Parties" and are each a "PArty". WITNESSETH: WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the City owns certain ball fields known as the Schertz Ballpark and associated parking lots ( "City Parking Lots "), managed by the Buffalo Valley Youth Association (`BVYA "), located at 1400 Schertz Parkway in Schertz, Texas; WHEREAS, the District desires to utilize the City Parking Lots for overflow parking for District athletic events; WHEREAS, the District owns parking lots ( "District Parking Lots ") near the ball fields separated by a drainage ditch; WHEREAS, the City desires to use the District Parking Lots as additional parking for the residents of the City attending athletic events at the ball fields; WHEREAS, to facilitate access to the ball fields by residents from the District Parking Lots across the drainage ditch, both the City and the District have determined it is in their best interest to, if determined feasible by the City, enter into an agreement for the construction, development, and maintenance of a roadway, vehicular and pedestrian bridge (the `Bridge ") that connects the parking lots to the ball fields; and WHEREAS, the Bridge will be for the use and benefit of the public, including residents of both the City and the residents residing in areas served by the District. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are acknowledged, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 50558090.5 I. Construction of the Bridge by the City 1.1 The City shall determine the feasibility of constructing the Bridge. If the City, in its sole discretion, determines the construction of the Bridge is not feasible then it may send written notice to the District of such infeasibility and voiding this Agreement in its entirety with no further obligations or liability for either Party. 1.2 If the City determines that the construction of the Bridge is feasible then the City shall send written notice of its intent to construct the bridge and shall construct, or cause the construction of, the Bridge with funds that shall come fifty percent (50 %) from the City and fifty percent (50 %) from the District; provided however, the District's cost shall not exceed EIGHTY THOUSAND DOLLARS ($80,000). The City shall have sole responsibility for the design, construction and maintenance of the Bridge. The District shall approve the design of the Bridge, but shall not reasonably withhold approval of the design of the Bridge. The Bridge shall connect the City's ball fields to the District Parking Lots from the portion of the Bridge to be located on the District's property shall also connect the Bridge to the City's existing parking system. The Bridge shall be open to the public, including to the residents of the City and the residents residing in areas served by the District. The Bridge shall have an access gate (the "Gate "), which Gate shall be solely maintained by the District. Both the City and the District shall control access to the Gate. 1.3 Term: If the construction of the bridge is not begun before September 30, 2015, the City will send notice to the District voiding this Agreement in its entirety with no further obligation or liability for either party, unless both parties provide written approval to extend the agreement to a mutually acceptable timeframe. H. Easement from District to City 2.1 The District agrees to allow construction of the Bridge on its land and shall enter into a permanent easement agreement with the City to allow the design, construction, and maintenance of the Bridge, as well as the connection of the Bridge over the District's land on a new roadway extending to the City's existing parking system. Such easement agreement shall be executed after the completion of the design of the bridge and proper metes and bounds are determined. III. Use of the District's Parking Lots by the City 3.1 The District agrees to allow the City's residents to utilize the District Parking Lots in accordance with the District's Facility Use Policy attached as "Exhibit A ". IV. Use of the City's Ball Fields and Ball Fields' Parking Lots by the District 4.1 The City agrees to allow the District use of the City's ball fields and the City Parking Lots associated with the ball fields for the District's athletic events. 4.2 The District shall schedule its requested use of the City Parking Lots directly with BVYA by submitting such written requests directly to BVYA at the contact information provided herein. 50558090.5 - 2 - 4.3 The City shall Direct BVYA, in accordance with a separate agreement, to not schedule BVYA use of the City's ball fields and the City's parking lots associated with the ball fields on Fridays from the period of August 1 through January 1 of each year. V. Binding Effect; Benefiting Parties 5.1 This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Parry. 5.2 This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. VI. Governmental Functions; Liability; No Waiver of Immunity or Defenses 6.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 6. 1.1 The services provided for herein are governmental functions, and the City and the District shall be engaged in the conduct of a governmental function while providing and/or performing any service pursuant to this Agreement. 6.1.2 The relationship of the District and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 6.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint ventures, or any other similar such relationship between the Parties. 6.2 The District shall have no liability whatsoever for the actions of, or failure to act by, any employees, contractors, subcontractors, agents, representatives, or assigns of the City in connection with the construction and maintenance of the Bridge, and the City covenants and agrees, to the extent permitted by law, that the City shall be solely responsible, as between the District and the City, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by the City or its respective employees, contractors, subcontractors, agents, representatives, or assigns, in connection with the construction and operation of the Bridge. 6.3 Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the District shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 50558090.5 -3 - 6.4 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. VII. Notices 7.1 All correspondence and communications concerning this Agreement shall be directed to: SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager With a copy to: Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charles E. Zech DISTRICT: Schertz- Cibolo- Universal City Independent School District 1060 Elbel Road Schertz, Texas 78154 -209 Attn: Superintendent of Schools With a copy to: Walsh, Anderson, Gallegos, Green & Trevino, P.C. 100 N.E. Loop 410, Suite 900 San Antonio, Texas 78216 Attn: George E. Grimes, Jr. BVYA: Buffalo Valley Youth Association P.O. Box 636 Schertz, Texas 78154 Attention: President Notices required hereunder shall be hand- delivered or sent by prepaid certified mail, return receipt requested. VIII. Severability 8.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. IX. Entire Agreement 9.1 This Agreement is the entire agreement between the City and the District as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the 50558090.5 - 4 - subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. X. Governing Law; Venue 10.1 All Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [Signatures and acknowledgements on the followingpages ] 50558090.5 - 5 - SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ - CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY, VEHICULAR AND PEDESTRIAN BRIDGE The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS By: John C. Kessel, City Manager THE STATE OF TEXAS COUNTY OF GUADALUPE § This instrument was acknowledged before me on they q day 201 by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. [ Seal ] Notary U-4 C st--Iio o ox ms �f� F 10y Commissi:�,, e;,�, ^3 C5 2.1 7 n 50558090.5 S-1 Notary Public in and for the"gtate of Texas SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ - CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY, VEHICULAR AND PEDESTRIAN BRIDGE SCHERTZ - CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT By: Greg Gibson, Superintendent of Schools THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the 13-112ay of V)t vtrnb -e t , 201J5 by Greg Gibson, the Superintendent of Schools of the Schertz- Cibolo - Universal City Independent School District, a political subdivision of the State of Texas, on behalf of said entity. [ Seal ] t5EIDFIA L ETRHEIM NOTARY PUBLIC STATE OF TEXAS �J9�OFt PS Comm. Exp. 9 -10 -2017 C1-ge6� Notary Public in an�for e State of Texas 50558090.5 S-2 EXHIBIT A DISTRICT'S FACILITY USE POLICY [See attached] 50558090.5 A -1 D - Community Relations - Nonschool Use of School Facilities - Google Does Page 1 SCHERTZ- CIBOLO- UNIVERSAL CITY ISD ADMINISTRATIVE REGULATION 1F, COMMUNITY RELATIONS - Nonschool Use of School Facilities ;Public Use of Unlocked, Outdoor Recreational Facilities GKD Policy GKD (LOCAL) — COMMUNITY RELATIONS, NONSCHOOL USE OF SCHOOL FACILITIES states... Exception: "No approval shall be required for nonschool- related recreational use of the District's unlocked, outdoor recreational facilities, such as the track, playgrounds, tennis courts, and the like, when the facilities are not in use by the District or for a scheduled nonschool purpose. However, large groups and teams shall request use of all unlocked facilities through the Superintendent or designee." Process for nonschool- related recreational use of the District's unlocked, outdoor recreational facilities: General Public Use: All unlocked, outdoor recreational facilities as designated in Policy GKD (LOCAL) shall be available during daylight hours for general public use when not in use by the District or for a scheduled nonschool purpose. Nighttime use of these facilities by the general public is prohibited with the following exceptions: • Lehnhoff District Stadium — track only • Clemens High School Tennis Courts — located at the Clarence Shelton Athletic Complex (lights available on timer until 11:00 P.M-) • Steele High School Tennis Courts — located at Steele High School (lights available on timer until 11:00 p.m.) • Dobie and Corbett Jr. High School tracks Public complaints concerning general public use of unlocked, outdoor recreational facilities shall be directed to the campus principal. Larae Groups and Organized Team Use: Large groups and organized teams shall request use of all unlocked, outdoor recreational facilities during daylight hours through the campus principal. In the event the requested recreational facility is subject to a usage fee, the group or organized team will be directed to the appropriate district office to complete the required paperwork. Public complaints concerning large group or organized team use of unlocked, outdoor recreational facilities not subject to a usage fee shall be directed to the campus principal. / /rl no 9nri TYQ- vC`TnaC_T'IfIvP ?vR /Prlit?nli =1 1 7./1 q/7 D - Community Relations - Nonschool Use of School Facilities - Google Does t0-UNIVF —.� SCHERTZ- CIBOLO- UNIVERSAL CITY ISD ; ADMINISTRATIVE REGULATION Page 2 6�NrYYV� COMMUNITY RELATIONS - Nonschool Use of School Facilities _ Public Use of Unlocked, Outdoor Recreational Facilities _ _ _ _ _ _ _ _ GKD_ Authority to Temporarily Close Unlocked, Outdoor Recreational Facilities for Public Use: The campus principal shall have the authority to temporarily close for public use all unlocked, outdoor recreational facilities on their campus due to inappropriate use and /or damage. s: / /does.google.com/ document /d/lpdzBQghOuDPC3zuin5gVVBV6 9udTXsxGoaG3f3VP2yE /edit ?pli =1 12/19/2