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15-R-98 - ILA with SCUCISD for NatatoriumRESOLUTION NO. 15 -R -98 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT (SCUCISD) REGARDING A $1,650,000.00 CONTRIBUTION BY SCUCISD TO THE CITY FOR THE NATATORIUM PROJECT IN EXCHANGE FOR USE OF THE FACILITY AT NO COST FOR A FIFTEEN YEAR PERIOD UNDER THE TERMS OF A FACILITY USE AGREEMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") desires to construct a natatorium (the "Natatorium ") for use by residents of the City, which Natatorium will be funded in part from the proceeds of bonds previously authorized by the citizens of the City; and WHEREAS, the Schertz - Cibolo- Universal City Independent School District ( "SCUCISD ") desires to have access to the Natatorium for use by the SCUCISD swim teams; and WHEREAS, SCUCISD desires to contribute $1,650,000.00 to the City for the construction, maintenance, and operation of the Natatorium in exchange for the facility being constructed in a manner to be suitable for use by SCUCISD's swim teams at no cost, for a fifteen year period under the terms of a facility use agreement; and WHEREAS, the City approved Resolution 13 -R -66 authorizing the interlocal agreement and directing the City and SCUCISD need to continue working together to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD's swim teams; and WHEREAS, the City staff and SCUCISD have reached general agreement regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium in exchange use of the facility and improvements to be made to the facility as generally outlined in the attached interlocal agreement subject to adjustments recommended by the City Manager and approved by the City Attorney; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an interlocal agreement with SCUCISD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City authorizes the City Manager to enter into the interlocal agreement with SCUCISD regarding a the Natatorium in generally the form attached as Exhibit A subject to adjustments recommended by the City Manager and approved by the City Attorney. 50665160.1 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. Section 8. PASSED AND ADOPTED, this 27th day of October, 2015. CITY O-E.--SCTFIERTZ, TEXAS M chael R. Carpenter, Mayor ATTEST: renda Dennis, City Secretary (CITY SEAL) 50665160.1 2 Exhibit A Interlocal Agreement and Preliminary Facility Use Agreement 50665160.1