2009R38-Watershed Projects with Bexar CountyORIGINAL
RESOLUTION NO. 09-R-38
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR WATERSHED
PROJECTS WITH BEXAR COUNTY, TEXAS, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City should
enter into an Interlocal Agreement for Watershed Projects (the "Agreement") with Bexar County, Texas;
and
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
Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A.
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provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this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 28`x' date of July, 2009.
CITY OF S ERTZ EXAS
Mayor
ST:
ity Secretary
(CITY SEAL)
Reso109-R-38.doc
EXHIBIT A
INTERLOCAL AGREEMENT
Resol 09-R-38.doc A-1
~~~~~AL
STATE OF TEXAS
COUNTY OF BEXAR
§ INTERLOCAL AGREEMENT FOR
§ WATERSHED PROJECTS
THIS INTERLOCAL AGREEMENT FOR WATERSHED PROJECTS
("Agreement") is effective as of the day of 2009 ("Effective
Date") by and between COUNTY OF BEXAR a political subdivision of the State of Texas
("County"), and CITY OF SCHERTZ, TEXAS, a Texas Home Rule Municipality ("City").
This Agreement is entered into by County and City pursuant to the authority granted by the
provisions of the Interlocal Cooperation Act, Texas Government Code, Chapter 791. This
Agreement is intended to further the purpose of the Interlocal Cooperation Act by increasing the
efficiency and effectiveness of local governments.
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to establish the terms and conditions for: (1) managing
the design and construction associated with the Projects; (2) funding the construction; (3)
transfer of fee interest or easement rights in land and improvements; and (4) operating
and maintaining the Projects upon substantial completion of the construction.
1.02 The Projects that are designated to commence during the term are the CWl High Water
Detection System at Aviation at E Aviation Road/Aztec Way at Cibolo Creek, CB10
Randolph RSWF, and CB19 Schaefer Rd Phase I. The Parties may amend this
Agreement by adding or deleting Projects. It shall not be a breach of this Agreement if a
listed Project is not commenced during the Term.
ARTICLE II
DESIGNATION OF REPRESENTATIVES
2.01 County hereby appoints the Executive Director of the Bexar County Infrastructure
Services Department ("County Project Director"), as its representative under this
Agreement. County's Project Director shall be the primary point of contact for City
unless County's Project Director delivers to City, in writing, a notice designating another
individual as Project Director.
2.02 City hereby appoints the Director of Public Works, as its designated representative under
this Agreement ("City's Designated Representative"). Should City's Designated
Representative appoint another individual to act as City's Designated Representative,
City shall notify County of same in writing. City's Designated Representative shall be
the primary point of contact for County.
ARTICLE III
TERM
3.01 Except as otherwise provided herein, this Agreement shall commence upon the execution
date of the last signatory party to the Agreement. The term of this Agreement is for three
years ("Term"). The Agreement is renewable at the end of the Term for additional three-
year terms until all Projects are completed by the County and accepted by the City.
ARTICLE IV
PARTIES' FINANCIAL COMMITMENT
4.01 County shall pay for all design and construction costs on the Project from
commencement through substantial completion of the Project; including consulting fees
for design and construction documents, architectural and engineering fees, surveying,
permitting, construction, infrastructure upgrades, and any fees and costs for acquisition of
land and easements. Substantial completion is the date, certified by the County, County's
design professional and the City's Designated Representative, as stated in Article 2.02,
that a contractor has reached that stage of completion when the owner accepts use of the
facility for its intended purposes, even though all work is not completed.
4.02 County shall develop, through its consultants, an estimate of cost for each Project and
provide said estimate to City prior to the County commencing the Project. The estimated
cost will consist of the necessary engineering, real estate and construction cost.
4.03 The Parties anticipate that City shall have no fmancial contribution for Project costs from
commencement through substantial completion of the Project other than the cost the City
incurs for the oversight of the Project by City staff. In the event City desires to
incorporate additional improvements to County's proposed Project improvements which
will increase the cost of the Project, City shall be responsible for all costs resulting from
the modifications to proposed improvements including any additional acquisition fees
and costs.
4.04 Following substantial completion of the Project, City shall be responsible for all costs
associated with operating, maintaining, and repairing the Project and County shall have
no further fmancial obligation.
ARTICLE V
OBLIGATIONS OF COUNTY
5.01 County's responsibilities. Pursuant to this Agreement, County shall perform and/or hire
third parties to provide the following:
a. serve as Project manager and administrator for the Project through substantial
completion including responsibility for contract administration of third party
contracts.
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b. identify all affected utilities, protect utilities during construction, and coordinate
utility relocation, if necessary.
c. acquire fee interest and/or easement rights necessary for the Project.
d. plan and coordinate all tests required for design of the Project.
e. conduct public meetings, as needed, at conclusion of the Preliminary,
Intermediate and Final Design Phases to advise adjacent landowners of the scope
of the Project and to determine landowners concerns.
f. provide status presentations on the Project to City staff, as requested by City's
Designated Representative, and attend City Council meetings, as necessary, to
provide briefings on the Project.
g. obtain warranties from contractors and the right to transfer said warranties to City
upon substantial completion.
h. transfer fee interests, easements, and warranties to City upon substantial
completion.
ARTICLE VI
OBLIGATIONS OF CITY
6.01 The City shall review plans, specifications and other submittals, including Preliminary
(Engineering/Report), Design Phase (Intermediate/Final) and the Final Submittal. County Project
Director shall deliver to City's Designated Representative one (1) paper and one (1) Adobe
Acrobat PDF file copy of each of the plans, specifications and other submittals for review and
approval. If the plans and/or specifications, in City's determination, require modifications,
corrections, alterations or additions, City's Designated Representative shall notify County's
Project Director in writing within thirty (30) business days of receipt of the documents detailing
the modifications necessary. County shall incorporate City's modifications unless County is not
in agreement that the modifications are necessary. In such case, the Parties, their staff, and third
party consultants, if requested, shall meet to make a fmal determination regarding the City's
modifications. If no comments are received by the County within thirty (30) business days,
County will proceed with the Project with the understanding that the City has approved the
submittals as presented.
6.02 City's responsibilities. Pursuant to this Agreement, City shall perform and/or provide the
following:
a. City has a duty to provide general oversight of the work performed by County,
and third parties hired by County, on the Project and to provide written
acceptance from City's Designated Representative of Project work in accordance
with the terms herein.
b. have City staff in attendance at each of the public meetings conducted by County
on the Project to represent City's role in the Project. City should refer citizens
with concerns regarding the Project to County's Project Director unless the issues
pertain to City's past obligations for the existing drainage improvements or for
future maintenance and repair of the Project improvements.
c. as part of City's advisory and oversight role in the Project, City will provide
County with prompt written notice whenever City staff observes, or otherwise
becomes aware of: (i) any defect in the Project design or construction; (ii) any
defect in the work performed by the County and/or consultants; or (iii) any
development that adversely affects the scope or timing of the Project.
d. assist County, when requested, in obtaining approvals and permits from
governmental authorities having jurisdiction over the Project including providing
any supporting documentation in City's possession which would aid County in
preparing permit applications.
e. provide County with data in the possession of City pertaining to the watershed
within which the Project is located (i.e., maps, plans, field notes, statistics and
computations).
f. allow County to enter and remain on any land owned by City, or land which City
owns an interest or a right, so that County can fulfill its duties pursuant to this
Agreement.
g. provide written acceptance of the improvement at substantial completion.
h. provide normal maintenance at construction sites, unless the construction makes
access impractical.
i. provide public work response (equipment and personnel) to emergencies caused
by heavy rains, flooding, wind or storms.
6.03 City shall advise the appropriate City offices and departments about the Project and
update those offices and departments regarding the status of the Project as the City
determines is necessary.
6.04 City shall accept transfers of fee interests, easements, and warranties upon substantial
completion.
ARTICLE VII
JOINT OBLIGATIONS OF THE PARTIES
7.01 The Parties shall approve the scope of work for the Project improvements prior to the
County commencing the Project.
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7.02 Any modifications to the design or scope of services of the Project proposed by City
which will result in a fmancial commitment to the Project by City prior to acceptance of
the Project must first be approved in writing by City's Designated Representative. City
shall then obtain approval from its governing body of the modifications as well as the
fmancial commitment. Likewise, any modifications to the design or scope of services of
the Project proposed by County which will increase the total cost of the Project for
County must be approved in writing by County's Project Director and County's Project
Director shall then obtain approval from its governing body.
ARTICLE VIII
CITY'S RIGHTS UNDER THIRD PARTY CONTRACTS
8.01 County shall provide City with copies of any requests for proposals ("RFPs"), requests
for qualifications ("RFQs"), and invitations for bids ("IFBs") at a minimum often (10)
business days prior to the issuance of same in order that City may have the opportunity to
modify the terms, or incorporate additional terms, pertaining to the Project. City shall
submit its modifications to those documents at a minimum of five (5) business days prior
to issuance of same by County. All RFPs, RFQs, and IFBs shall reflect that City is a
third party beneficiary to contracts entered into by County on the Project. Copies of all
proposals and bids shall be furnished by County to City within a timely manner following
County's receipt of all proposals and bids in order that City may have adequate time to
review same. City may attend, if City desires, County meetings for. review and
evaluation of the proposals and bids.
8.02 City agrees that County shall have the authority to contract on behalf of the Parties for all
services necessary for the design and construction of the Project.
8.03 County shall provide City with a fully executed copy of each contract entered into by
County on the Project.
8.04 In all contracts entered into by County on the Project, County shall include provisions
reflecting:
a. With regard to insurance coverage during the construction phase of the Project,
County shall require all consultants, contractors, subcontractors and suppliers to
maintain the insurance coverage limits which are sufficient to compensate County
and City for their respective interests in the Project with regard to any liability a
third party may have due to the services, equipment, or materials provided for
construction of the Project. City shall be named as an additional insured on all
policies naming County as an additional insured. County shall provide City's
Designated Representative with copies of the completed Certificates of Insurance
which Certificates shall be completed by an agent authorized to bind the named
underwriters and their companies to the coverage limits and termination
provisions shown thereon. City reserves the right to review the insurance
requirements during the effective period of this Agreement, and any extension or
renewal hereof, and to modify insurance coverage and limits when deemed
necessary and prudent by City's Risk Manager based upon changes in statutory
law or court decisions. County will not allow any modifications to the insurance
coverage through which City may incur increased risks.
b. County shall require all contractors and service providers to maintain statutory
worker's compensation insurance for all of their employees with a waiver of
subrogation in favor of County and City.
County shall require in its contracts with third party providers of services,
construction, and materials an indemnification ofCounty and City, their officials,
employees, and agents from all claims by third parties.
d. County will require the consultants, contractors, and any subcontractors to
provide all statutorily required payment and performance bonds at no additional
cost to the Parties. On services for which performance bonds are not statutorily
required, County shall determine whether to require performance bonds.
ARTICLE IX
PROJECT MANAGEMENT DURING DESIGN AND CONSTRUCTION
9.01 County has, to the extent design work has been performed by County prior to execution
of the Agreement, kept City informed about the Project design program elements.
9.02 City and County staff shall hold periodic conferences with third party consultants and
contractors throughout the term of the Project in order that County and third party
consultants and contractors may benefit from experience and knowledge of the City and
in order that the work is performed in compliance with current City policies and
standards.
9.03 For future meetings between County staff and its Project consultants, County shall
provide City with written (e.g.: letter, e-mail or fax) notice at least twenty-four (24) hours
in advance, of the location, date, and time of all meetings in order that City
representatives may participate in the meetings.
9.04 Upon approval of this Agreement by the governing bodies of the Parties, the Parties'
designated representatives shall schedule a meeting to develop the procedures and
processes necessary to coordinate the design and construction of the Project.
9.05 County will manage, oversee, administer and carry out all of the activities and services
required for design and construction of the Project to ensure that the Project is
constructed with new materials in a good and workmanlike manner and in accordance
with the terms of this Agreement and the design and construction documents.
9.06 County shall enforce substantial compliance with the terms of the agreements with
Project design consultants, architects, engineers, contractors, and subcontractors and
require that work be continuously and diligently performed to achieve substantial
completion on or before the scheduled completion.
6
9.07 County agrees that during the construction phases of the Project, City's Designated
Representative shall be given written notice of all County staff meetings affecting the
Project in order that City may participate in those decisions. County also agrees that
City's Designated Representative and City staff participating in the Project shall be given
access at all times to the Project site.
9.08 County shall provide City Designated Representative with the schedule for permitting
and construction of the Project (such schedule, as revised from time to time, with City
being furnished copies of the revisions). The schedule shall establish a date for
completion of each construction deliverable in sufficient detail to allow City to monitor
the progress of the construction of the Project.
9.09 County's consultants shall perform all necessary structural and environmental
assessments and any and all necessary tests, reports and other pre-construction steps
deemed necessary by County prior to the start of construction on the Project.
9.10 County's Project Director shall provide written notice to City's Designated
Representative a minimum of ten (10) business days prior to the start of construction on
the Project.
9.11 County shall promptly furnish City's Designated Representative with copies of all legal
notices received by County affecting the Project, including, without limitation, notices
from governmental authorities, notices from any party claiming default in any payment
obligation, and any other notice not of a routine nature. County shall promptly notify
City's Designated Representative in writing of any suit, proceeding or action that is
initiated or threatened in connection with the Project or against County and/or City.
9.12 For any environmental event that is caused by County employees, or at their direction, at
the Project site, County shall be liable to the extent the environmental event was directly
caused by County employees and not a result of the condition of City's existing drainage
improvements on the Project site. An environmental event shall mean spills, discharge,
leakage, pumpage, drainage, pourage, emission, emptying, injecting, dumping, disposing
or other release of a hazardous material which may cause a threat or actual injury to
human health or the environment.
9.13 For Projects with the total construction budget exceeding one million dollars
($1,000,000.00), County's Project Director shall issue written notice to City's Designated
Representative when fifty percent (50%) of the total construction budget has been
expended by County. City shall have fifteen (15) business days to inspect the Project
work and the current construction documents and Project schedule. On or before the
sixteenth (16th) business day following receipt of County's notice, City must provide
County with written notice that the work appears, to the best of City's knowledge, to
have been completed in accordance with the design and construction documents
approved by the City. If City believes the work has not been completed in accordance
with the design and construction documents, City must provide written notice to
County's Project Director detailing the discrepancies between the design and construction
documents and the Project work. County and City shall work together to determine
7
whether the Project work has been performed in accordance with the design and
construction documents. Within three (3) days of the date the Parties reach a resolution
regarding the discrepancies, City shall provide a written approval of the Project work
through that date.
9.14 Both County and City shall participate in an inspection at substantial completion of the
Project to identify the "punch list" items. City and County shall supervise and coordinate
the completion of the punch list items. Both Parties shall participate in the final
inspection which shall occur at the one-year anniversary of substantial completion.
9.15 Within ninety (90) days after substantial completion of the Project, County shall deliver
to City's Designated Representative a final construction report which shall set out the
total costs incurred in connection with the Project.
9.16 County shall maintain the books, records, and documents pertaining to the Project. City
representatives shall have access to, and the right to examine, same upon reasonable
notice to County's designated representative.
ARTICLE X
DEFAULT
10.01 In the event of a material breach of this Agreement, the non-breaching party shall give
the breaching party written notice of such breach which shall detail the nature of the
breach. The party receiving the notice of breach shall be given thirty (30) days to cure
the breach. If the breach is not corrected to the satisfaction of the non-breaching party by
the end of the thirty (30) day period, the non-breaching party may give written notice of
termination to the breaching party and seek to recover damages.
ARTICLE XI
ENTIRE AGREEMENT
11.01 This Agreement constitutes the entire agreement of the Parties regarding the subject
matter of this Agreement and supersedes all previous agreements and understandings,
whether written or oral, relating to such subject matter.
ARTICLE XII
ASSIGNMENT OR TRANSFER OF INTEREST
12.01 Neither Party may assign its rights, privileges and obligations under this Agreement in
whole, or in part, without the prior written consent of the other party. Any attempt to
assign without such approval shall be void.
ARTICLE XIII
LEGAL CONSTRUCTION
13.01 In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalid,
illegal, or unenforceable provision shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
ARTICLE XIV
COMPLIANCE WITH LAWS AND ORDINANCES
14.01 Both Parties shall comply with all federal, state, and local laws and ordinances in
connection with the work and services performed under this Agreement.
ARTICLE XV
TEXAS LAW TO APPLY
15.01 This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the Parties created hereunder are performable in Bexar
County, Texas.
ARTICLE XVI
AMENDMENT
16.01 No amendment, modification, or alteration of the terms hereof shall be binding unless the
same be in writing, dated subsequent to the date hereof, and be duly executed by the
Parties hereto.
9
ARTICLE XVII
NOTICES
17.01 All notices provided to be given under this Agreement shall be in writing and shall either
be personally served against a written receipt therefore or given by certified mail or
registered mail, return receipt requested, postage prepaid and addressed to the proper
party at the address which appears below, or at such other address as the Parties hereto
may hereafter designate in accordance herewith, unless a provision of this Agreement
designates another party and provides an address. All notices given by mail shall be
deemed to have been given at the time of deposit in the United States mail and shall be
effective from such date.
If to COUNTY: Bexar County Judge
Bexar County Commissioners Court
100 Dolorosa, Suite 1.20
San Antonio, Texas 78205
With a copy to: Executive Director
Bexar County Infrastructure Services Department
233 N. Pecos, Suite 420
San Antonio, Texas 78207
If to CITY: City Manager
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
With a copy to: City Clerk
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
ARTICLE XVIII
FORCE MAJEURE
18.01 Neither Party shall be responsible for delays or lack of performance by such entity or its
officials, agents or employees which result from acts beyond that entity's reasonable
control including acts of God, strikes or other labor disturbances, or delays by federal or
state officials in issuing necessary regulatory approvals and/or licenses. In the event of
any delay or failure excused by this Section, the time of delivery or of performance shall
be extended for a reasonable time period to compensate for delay.
10
ARTICLE XIX
MULTIPLE COUNTERPARTS
19.01 This Agreement may be executed in separate identical counterparts by the Parties hereto
and each counterpart, when so executed and delivered, will constitute an original
instrument, and all such separate identical counterparts will constitute but one and the
same instrument.
EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL H~VE THE FULL
FORCE- AND EFFECT OF AN ORIGINAL, ON THIS THE J~ DAY OF
CO
By:
County Judge
APPROVED AS TO LEGAL FORM:
SUSAN D. REED
Criminal District Attorney
Bexar County, Texas ~ ~-
By: G~Z,~'r,~
JILL ORBERT
Assi taut Criminal District Attorney
Civil Section
CITY O RTZ, XAS
By: ~`"
HAL BALDWIN
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
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FINANCIAL CONTENT:
TOMMY
DA
& Resource Manage~ilent Department
11
HWDS -Estimate of Maintenance and Service Cost for 1 year
Schertz - 1 Sign with Flasher, 1 Master Gauge Station
Site Visits
Four (quarterly) 2-hour visits to inspect site
(assuming $20/hour)
Eight hours to replace routine equipment
Replacement Equipment (Routine Parts)
Solar Charger & Lamp Flasher (10 AMP)
with Max Power Point Tracking
Solar Panel w/Reg., Cable Set & Mtg Brkt (100 mA)
LED Beacon Assembly (12" Yellow)
Antenna Lightning Protector
Battery, 12V; 12 AMP Huor; Gel Cell (4)
TOTAL
$ 160
$ 160
$ 200
$ 132
$ 176
$ 95
$ 122
__~~
$ 1,045
NOTE: Costs do not include equipment replacement the event of damage due to
natural causes or vandalism.
Bexar County's Contractor will provide training to City staff to perform inspection and
replacement of routine parts.
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City of Schertz
City Hall
1400 Schertz Pkwy
Schertz, TX 78154
High Sierra Electronics
155 Spring Hill Drive, Suite 106
Grass Valley, California 95945-5929
Ph: 800-275-2080
Ph: 530-273-2080
Fx: 530-273-2089
Quotation
Date Quote #
7/6/2009 90702
Quote Valid
60 Days
TERMS FOB Phone: Fax: S Person Office EST. SHIP
Net 30 Grass Valley 210-619-1000 FG/SS Gulf 5-7 Wks ARO
ITEM# MODEL# DESCRIPTION QTY PRICE TOTAL
Flood Warning Project for US Hwy 21/Ciblolo Creek
1.0 3466-00 Packaged Pressure Transducer Station with Rainfall 1 5,032.00 5,032.00
Monitoring Capability. Includes 3206-00 ALERT Data
Transmitter, 6600-10 Pressure Transducer w/Desiccant
Box & 35' Submersible Cable, 7000-13 Standpipe Assy,
7000-01 Standpipe Door with Key Lock, 2400-15 Rain
Gauge Top Section, 5301-03 100mA Solar Panel,
7110-00 Omni-Antenna, 7300-01 Mast & 7150-00
Antenna Cable. Please Specify Radio Frequency & PT
Range.
1.1 6600-01 65 Feet of extra Submersible Cable for the above Model 65 3.00 195.00
6600 PT totaling 100 feet. (Price per foot)
1.2 Parts Estimated 80 Feet of Conduit. (Price per foot.) 80 5.00 400.00
2.0 Installation Installation by HSE Field Technician - 2 Days. 1 2,500.00 2,500.00
Shipping Estimated Freight Charges 425.00 425.00
(actual billed at time of shipment)
Out-of--State Sale, Tax Exempt 0.00
TOTAL $s,ss2.oo
INFRASTRUCTURE SERVICES DEPARTMENT
ORDER authorizing approving an Inter-Local Agreement between Bexar County and the
City of Schertz to establish the rights and obligations between the two governmental
agencies with regard to the CW1 High Water Detection System at Aviation at E Aviation
Road/Aztec Way at Cibolo Creek Project, CB10 Randolph RSWF Project, and CB19
Schaefer Road Phase I Project.
i
PASSED THIS ~_' DAY OF , 2009.
~P~
RESOLUTION NO. 09-R-38
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A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR WATERSHED
PROJECTS WITH BEXAR COUNTY, TEXAS, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City should
enter into an Interlocal Agreement for Watershed Projects (the "Agreement") with Bexar County, Texas;
and
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
Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A.
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 28"' date of July, 2009.
CITY OF S ERTZ EXAS
Mayor
ST:
rty Secretary
(CITY SEAL)
Resol 09-R-38.doc