Loading...
12-R-63 Authorizing an Interlocal Agreement between Schertz and SCUCISDRESOLUTION NO. 12-R-63 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ-CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT FOR THE PURPOSE OF DESIGNATING PROCEDURES, PROCESSES, AND FEE STRUCTURES WITH REGARD TO CODES AND REGULATIONS CONTROLLING CONSTRUCTION ACTIVITIES FOR PROPERTY OWNED BY THE DISTRICT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a Interlocal Agreement with Schertz-Cibolo-Universal City Independent School District (the "District") for the purpose of designating procedures, processes, and fee structures with regard to the codes and regulations controlling construction activities and development of property owned by the District; and WHEREAS, the City Council has determined that it is in the best interest of the City to ensure the health, safety, and welfare of its citizens, including those City citizens served by the District, as embodied in the numerous codes and regulations of the City including, but not limited to, those codes and regulations controlling construction activities of the City and to enter into this agreement with the District by the Interlocal Agreement attached hereto as Exhibit A (the "Agreement"). ' 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 the Schertz-Cibolo-Universal City Independent School District in substantially the form set forth on Exlribit 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 ~~ay o, 2012. CITY OF SC RTZ, EXAS Mayor - em ATTEST: ~' ecretarv (CITY SEAL) EXHIBIT A INTERLOCAL AGREEMENT A-1 STATE OF TEXAS § COUNTY OF GUADALUPE § INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT This INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ- CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT ("AGREEMENT") is hereby made and entered into by and between the CITY OF SCHERTZ, a Texas municipal corporation ("CITY"), and the Schertz-Cibolo-Universal City Independent School District, a political subdivision of the State of Texas ("DISTRICT"), acting by and tlu~ough its Board of Trustees (collectively the "PARTIES" and each a "PARTY"), pursuant to authority granted under the Interlocal Cooperation Act, Chapter 791, Texas Government Code, as the same may be amended from time to time. RECITALS WHEREAS, it is the mission of the DISTRICT to ensure quality public education to citizens of the DISTRICT; WHEREAS, it is the mission of the CITY to ensure the health, safety, and welfare of its citizens, including those CITY citizens served by the DISTRICT, as embodied in the numerous codes and regulations of the CITY including, but not limited to, those codes and regulations controlling construction activities of the CITY; WHEREAS, the PARTIES desire to cooperate in the delivery of their respective services to the citizens for the purposes of expediting development services processes and maximizing the use of tax dollars; and WHEREAS, the PARTIES have identified numerous service areas in which their collective cooperation will achieve the goals of expediting development services processes and maximizing the use of tax dollars for the benefit of both PARTIES, as well as for the benefit of the affected citizenry. NOW THEREFORE, the PARTIES hereto agree and, by execution hereof, are bound to the mutual obligations herein contained and to the performance and accomplishment of the tasks hereinafter described: I. PURPOSE 1.01 This AGREEMENT is entered into between the CITY and the DISTRICT for the purpose of designating procedures, processes, and fee structures which will streamline delivery of certain govermnental functions and services in an efficient and cost effective manner. 1.02 It is understood and agreed by the PARTIES hereto that the provisions of this AGREEMENT only supplement and amend the applicable ordinances, regulations, policies, procedures, and rules cun~ently in effect and which shall become effective during the term of this AGREEMENT. Unless specifically addressed herein, the DISTRICT shall comply with all ordinances, regulations, policies, sos~ossa.s Page 1 of 11 procedures, and rules of the CITY, as the same may be amended from time to time (collectively, the "CITY LAWS"). In the event of a current or future conflict between this AGREEMENT and any such ordinances, regulations, policies, procedures, and rules, during the term hereof, this AGREEMENT shall control with the exception of changes to the health and safety codes and those other ordinances, resolutions, rules, and laws affecting life, health, and/or safety. II. TERM 2.01 The initial term of this AGREEMENT shall be for a period of one year beginning May 1, 2012 (the "EFFECTIVE DATE") and ending April 30, 2013. This AGREEMENT shall automatically renew in successive one-year terms through April 30, 2023 unless tenrrinated as provided herein. 2.02 This AGREEMENT shall automatically terminate in the event either PARTY, through its governing body, fails to appropriate sufficient funding to meet its obligations under this AGREEMENT. Sums paid under this AGREEMENT, if any, shall be paid only from currently budgeted revenues available to the paying PARTY. 2.03 Notwithstanding any other provision herein, any PARTY may terminate its participation in this AGREEMENT, with or without cause, if it provides written notice to the other PARTY that it does not desire to renew the AGREEMENT at least 60 days before the end of the then current one- year term. III. LIAISONS AND NOTICES 3.01 Unless written notification to the contrary is received by CITY, the DISTRICT'S Superintendent, or his/her designee, shall be its designated representative responsible for the management of this AGREEMENT. 3.02 Unless written notification by CITY to the contrary is received by the DISTRICT, the City Manager, or his/her designee, shall be CITY'S designated representative responsible for management of this AGREEMENT. 3.03 Communications between CITY and DISTRICT shall be directed to the designated representatives of each PARTY at the following addresses: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attn: City Manager Schertz-Cibolo-Universal City Independent School District 1060 Elbel Road Schertz, Texas 78154-209 Attn: Superintendent of Schools 3.04 For purposes of this AGREEMENT, all official communications and notices among the PARTIES shall be deemed sufficient if in writing and mailed, registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth in Section 3.03 of this AGREEMENT sosrossa.a Page 2 of 11 and such notices shall be effective two (2) business days after being deposited in the U.S. Mail. For purposes of project management that includes communications related to status reporting, pre- acquisition, site assessment, preliminary plan review and permits, such communications shall be conducted between the designated DISTRICT Project Manager ("DISTRICT REPRESENTATIVE") and the CITY's Director of Development Services or his/her designee, hereinafter referred to as "CITY REPRESENTATIVE". 3.05 Notice of change of address by any PARTY must be made in writing and delivered to the other PARTY's address set forth herein, as the same may be changed in accordance with the terms of this Section 3.05 of this AGREEMENT, and shall be effective five (5) business days after the date of notice of such change. 3.06 Not used. IV. L1;GAL AUTHORITY 4.01 The City Council of the CITY has authorized the CITY's execution of this AGREEMENT pursuant to CITY Resolution No. 12-R-63, and the Board of Trustees of the DISTRICT has authorized the DISTRICT'S execution of this AGREEMENT on June 21, 2012. 4.02 PERMITTING REVIEW PROCESS 4.03 For the DISTRICT'S construction activities during the term of this AGREEMENT, the PARTIES agree to utilize the processes and procedures set out in this ARTICLE V. 4.04 School Location. A school or schools may be conshvcted in any zoning district in the CITY. DISTRICT and CITY commit to working cooperatively in selecting future school sites as to ensure that the development complements swrounding uses and student safety. 4.05 Pre-Conference. For construction projects by the DISTRICT requiring issuance of a CITY building permit, at least sixty (60) days prior to the issuance of a construction contract or, where no contractor is utilized, at least sixty (60) days prior to commencement of construction alteration of the building is scheduled to begin, a designated representative of the DISTRICT, along with at least one design professional knowledgeable in the construction codes applicable to the construction project under consideration, shall an•ange and attend a meeting with CITY for the purpose of informing the CITY of the proposed construction project(s) and to receive direction regarding potential and/or anticipated code compliance issues in the preparation of plans and specifications. The direction provided by CITY shall strictly be based on information submitted to the CITY at the time of the meeting. Requirements to hold apre-conference meeting under this paragraph shall not apply to reconstruction that does not change the building classification, except those projects involving construction of a new building not contiguous to existing structures and/or additions. Any requests for alternative methods of construction, materials, or code interpretations must be submitted in writing by the DISTRICT to the CITY REPRESENTATIVE, who shall request additional information, approve, or deny the request by written response within a period not to exceed ten (10) days. If the CITY REPRESENTATIVE requests additional information, the CITY REPRESENTATIVE shall approve or deny the request by written response within a period not to exceed ten (10) days of receiving the additional information from the DISTRICT. With DISTRICT'S consent, CITY may extend the review period when necessary to accommodate the magnitude of the review. 50510554.3 Page 3 of 11 4.06 Not used. 4.07 Permit Plan Submission, Review, and Building Permit Issuance, Courtesy Inspections in Annexation Areas. (a) Permit Plan Submission Review: CITY shall review the plan submission packet and inform DISTRICT of any incomplete or missing items within ten (10) business days of the CITY's receipt of the packet. (b) The DISTRICT shall designate an architect or engineer of record (the "A/E OF RECORD") for each project who shall be responsible for reviewing and coordinating all submitted documents prepared by others, including deferred submittal items (i.e. sprinkler system, fire alarms, signs, etc.), for compatibility with the design of the building. The CITY REPRESENTATIVE shall coordinate with the A/E OF RECORD regarding any disputes related to those submitted items. The DISTRICT REPRESENTATIVE may attend any scheduled plan review meeting between the A/E OF RECORD and the CITY REPRESENTATIVE. (c) After the DISTRICT has submitted a complete plan submission packet, including the submission of all incomplete or missing items noted in the review discussed in Section 5.05(a) of this AGREEMENT, the CITY shall comply with the following initial plan review timeframes: (i) Plan review for new construction shall be completed within 45 calendar days; (ii) Plan review for interior finish out and remodeling projects shall be completed within 45 calendar days; and (iii) Plan review for portable buildings shall be completed within 15 calendar days. (d) Not used. (e) Not used. (f) Any requests for alternative methods of construction, materials, or code interpretations must be submitted in writing by the DISTRICT to the CITY's REPRESENTATIVE, who shall request additional information, approve, or deny the request by written response within a period not to exceed ten (10) days from receipt of the request. If the CITY REPRESENTATIVE requests additional information, the CITY REPRESENTATIVE shall approve or deny the request by written response within a period not to exceed ten (10) days of receiving the additional information from the DISTRICT. With DISTRICT'S consent, CITY may extend the review period when necessary to accommodate the magnitude of the review. 4.08 Not used. 4.09 Fire Protection. The comments of the Fire Marshal with respect to DISTRICT plans submitted to the CITY shall be provided to the DISTRICT at the same time that the other members of the CITY plan review team provide their comments on such plans to the DISTRICT. sostossa.3 Page 4 of 11 4.10 Storm Water Management and Off-Site Improvements. For purposes of this AGREEMENT, storm water management matters shall be handled in the following manner: (a) A plan for handling and discharging storm water into the street or drainage facilities must be reviewed and approved in accordance with the CITY LAWS. (b) The DISTRICT will not be required to perform any engineering studies, nor construct any drainage improvements for, existing, new, or relocated Portable Buildings (as hereinafter defined). (c) Not used. (d) For new school sites located anywhere in the CITY, an engineering study shall be required in accordance with the CITY LAWS. The CITY may approve regional detention facilities to accommodate multiple school sites. (e) Any questions regarding these drainage provisions shall be directed to the CITY's REPRESENTATIVE. Appeals of any decision regarding drainage made by the CITY'S REPRESENTATIVE may be made to the CITY's Director of Public Works. 4.11 Landscaping; Tree Preservation; Traffic; Parking. (a) The CITY shall consider alternative landscaping plans proposed by the DISTRICT on a site by site basis including landscaped islands in parking lots. Decisions regarding alternative landscaping plans shall be in the CITY's sole discretion. (b) Except as set forth in Section 5.09(c) below, the DISTRICT shall comply with all CITY LAWS applicable to trees, tree mitigation, and tree preservation. Notwithstanding the foregoing, the DISTRICT may propose an alternative tree preservation plan for consideration by the CITY on a site by site basis to preserve the aesthetics and environmental conditions of existing treed areas. Decisions regarding alternative tree preservation plans shall be in the CITY's sole discretion. (c) Notwithstanding Sections 5.09L) and (b) above, the property owned by the DISTRICT in blocks 41 through 56 inclusive, Live Oak Hills Subdivision, recorded in Volume 2, page 147 of the Map Records of Guadalupe County, Tesas (the "LIVE OAK PROPERTY"), shall be subject to the following landscaping and tree preservation requirements: (i) Within twenty (20) feet of adjoining property that is utilized as a single family residence and within twenty (20) feet of all roads (except for drives and utility right-of--ways adjacent to such roads) on the LIVE OAK PROPERTY, DISTRICT shall not remove any heritage or protected trees; and (ii) On the rest of the LIVE OAK PROPERTY, the CITY's tree preservation ordinances shall not apply. (d) The DISTRICT shall following the following minimum parking requirements: sosiossa.3 Page 5 of 11 f ~ Use Type: ~ Parking Requirement: Elementary School 3.75 spaces per classroom Middle School or Junior High 6 spaces er classroom Samuel Clemens High School 695 spaces total All Other High Schools ~ 1 space per 10 classrooms Administrative Facilities 1 space per 300 square feet All Other Uses See the CITY's Unified Development Code, as the same maybe amended from time to time ~ (e) The DISTRICT shall not be required to post a performance bond, letter of credit, trust agreement, cash, or other form of security in favor of CITY normally required by CITY LAWS in connection with the conshuction of public infrastructure; provided that in lieu of posting such security, DISTRICT provides CITY with a formal resolution passed and approved by the DISTRICT's Board of Trustees assuring conshuction, within three years, of all items that would normally be the subject of the security. The resolution shall be delivered to CITY prior to recordation of the plat. The assurances provided under the resolution shall survive any termination of this AGREEMENT arid failure of DISTRICT to comply with the assurances to complete the construction as resolved by the DISTRICT'S Board of Trustees shall be considered a breach of this AGREEMENT. Upon breach, CITY may pursue any and all legal and equitable remedies available to it. Notwithstanding the foregoing, the DISTRICT shall be required to complete the construction of any required public infrastructure prior to obtaining a building permit. 4.12 Not used. 4.13 Not used. 4.14 Certificates of Occupancy. On a multiple building project on the same platted site, at DISTRICT'S written request, CITY shall issue a permanent Certificate of Occupancy for each individual building in accordance with the International Building Code, as amended by CITY LAWS. 4.15 Portable Buildings. "PORTABLE BUILDINGS" means those structures which (i) are located on real property owned or leased by DISTRICT; (ii) are not placed on any permanent foundation; and (iii) are designated by the DISTRICT for education related purposes as portable or temporary classroom buildings or for administrative or maintenance purposes. (a) The CITY'S two-year limitation on temporary structures shall not apply to PORTABLE BUILDINGS. (b) The DISTRICT shall obtain a certificate of occupancy for any .PORTABLE BUILDING moved to a DISTRICT property in the CITY that is not located on that DISTRICT property on the EFFECTIVE DATE of this AGREEMENT. (c) Existing Portable Buildings which are proposed to be relocated from property owned by the DISTRICT to another property owned by the DISTRICT or relocated within the same property owned by the DISTRICT shall not be required to comply with Section 21.8.2 Exterior Construction and Design Standards of the Unified Development Code. sostossas Page 6 of 11 4.16 Project Notices and Dispute Resolution. (a) The CITY REPRESENTATIVE and the DISTRICT REPRESENTATIVE shall work together to resolve disagreements over violations of CITY LAWS or construction plan violations identified by CITY inspectors or other CITY PERSONNEL. Unresolved disputes may be appealed in accordance with the appeals process set forth in the CITY'S Unified Development Code, as the same may be amended from time to time, and in accordance with other CITY LAWS. (b) If the DISTRICT questions an action of a CITY field inspector, the DISTRICT may appeal that decision to the CITY REPRESENTATIVE. (c) The A/E OF RECORD shall be the primary point of contact for all project notices and dispute resolution procedures. However, when the DISTRICT REPRESENTATIVE deems necessary, the DISTRICT REPRESENTATIVE may notify the CITY REPRESENTATIVE that further communications should be directed to either the DISTRICT REPRESENTATIVE or another architect or engineer. However, nothing herein waives the legal requirements that a licensed architect or engineer shall certify plans for a project. (d) Any requests for waivers from CITY LAWS, including the CITY's Unified Development Code or building codes, or requests for alternative methods of construction, materials, code interpretations, or decisions by CITY personnel may be submitted in writing by the DISTRICT to the CITY REPRESENTATIVE, who, unless otherwise specified herein, shall approve or deny the request by written response within ten (10) business days. With DISTRICT'S consent, CITY may extend the review period when necessary to accommodate the magnitude of the review. If the CITY representative denies the DISTRICT' S request, the DISTRICT may appeal the decision in accordance with the CITY LAWS, including the CITY' S Unified Development Code, as the same maybe amended from time to time. 5.15 Project Delays. If project suffers unforeseeable delays during a construction project for any reason, including the default of the original contractor and the replacement of the same with another contractor, any delay resulting from such change shall not have the effect of changing the rules, regulations, and Unified Development Code provisions which govern such conshuction, provided that the delay resulting from the removal of an existing conh•actor and the hiring of a replacement does not exceed eighteen (18) months. If such delay exceeds eighteen (18) months, then requests for permit extensions shall be considered to preserve the applicability of the regulations in effect when the project was commenced. The DISTRICT shall not be required to pay an additional or increased fee to restart the project. The building permit shall be revised to reflect any changes in contractors identified on said permit 4.17 Not used. 4.18 Not used. V. PUBLIC SERVICES 5.01 The PARTIES agree that cooperation on overlapping functions and activities has and will continue to benefit the public-at-large by saving tax dollars. In further pursuit of this goal of SOSI0554.3 Page 7 of 11 efficiency and in exchange for the considerations offered by CITY to DISTRICT, the DISTRICT, during the term of this AGREEMENT, agrees as follows: (a) DISTRICT will provide facilities for use as polling places for municipal elections. The DISTRICT agrees not to charge a user fee for the use of such facilities but may assess out-of-pocket expenses for utilities, maintenance, security, or other costs directly associated with the use. All such use shall otherwise comply with DISTRICT'S policy and procedure for the booking, access to and use of the facilities, except to the extent such policy and procedure contradicts this Section 6.01(a). (b) DISTRICT agrees to participate with CITY in providing traffic control devices in certain designated school zones to safeguard the students and other pedestrian traffic as follows: (i) Whenever a new school or renovations of an existing school which increases student capacity is located adjacent to or abutting an existing arterial street or highway, as defined by the CITY'S master thoroughfare plan and a traffic impact analysis is required by CITY LAWS, the DISTRICT will obtain a traffic impact analysis ("DISTRICT TIA") at its expense. If a new traffic signal is required mid-block, the DISTRICT shall pay 100% of the cost for the traffic signal. For new signals located at an intersection, the DISTRICT and the CITY shall split the cost in accordance with the following procedures. If the CITY agrees with the DISTRICT TIA, the DISTRICT and the CITY will each pay a pro rata share of the cost of the traffic signals based on the DISTRICT TIA and each PARTY'S respective share of traffic contributing to the need for the traffic signal. In all cases, the CITY will construct the traffic signal. If the CITY does not agree with the DISTRICT TIA, the CITY may obtain a traffic impact analysis ("CITY TIA"). If the DISTRICT does not agree with the CITY TIA, the traffic engineer that prepared the DISTRICT TIA and the traffic engineer that prepared the CITY TIA, in consultation with the CITY Engineer, shall agree on an independent third-party engineer whose fees will be shared equally by the DISTRICT and the CITY. The third-party engineer shall review the DISTRICT TIA and the CITY TIA and determine whether traffic signals are required and each PARTY'S share of the traffic contributing to the need of the traffic signals. The third-party engineer's conclusions shall be binding on the DISTRICT and the CITY. To ensure that the CITY can install the traffic signals at the new school or renovations prior to its opening, at least one (1) year before the school's opening, the DISTRICT must provide the CITY with advance notice of the need, as well as an adequate financial commitment obligating the DISTRICT to fund the cost associated with the purchase and installation of the signals. (ii) For requests from the DISTRICT or CITY for school zone warning flashers, the DISTRICT agrees to pay 50% of the direct expenses to be incun~ed by the CITY to install the flashers which are determined necessary by mutual agreement between the PARTIES. To be considered, the DISTRICT must provide the CITY with a minimum of six (6) months advance notice of the need, as well as an adequate financial commitment obligating the DISTRICT sostossas Page 8 of I1 to fund its portion of the cost associated with the purchase and installation of the flashers. (iii) Notwithstanding Section 6.01(b)(i) and ii above, prior to funding being requested of the DISTRICT, the CITY agrees and shall comply with all applicable regulations and guidelines required to determine the need for a signal and/or flasher at the location in question, including but not limited to, complying with all necessary warrant procedures and traffic impact analysis requirements. (iv) For purposes of this Section 6.01, the phrase "adequate financial commitment" shall mean a formal resolution passed and approved by the Board of Trustees of the DISTRICT assuring adequate funding for the purchase and installation of the signals and/or flashers. The resolution shall be delivered to CITY upon agreement of the PARTIES as set forth in Section 6.01(b)(il or Section 6.01(b)(ii), as the case may be. Such assurance shall survive termination of this AGREEMENT and failure of the DISTRICT to comply with the assurances to fund the construction as resolved by the DISTRICT'S Board of Trustees, shall be considered a breach of this AGREEMENT. Upon breach, CITY may pursue any and all legal and equitable remedies available to it. VI. CHANGES AND AMENDMENTS 6.01 Except when the terms of this AGREEMENT expressly provide otherwise, any alterations, additions, or deletions to the terms hereof shall only be by written amendment formally approved by the governing body of the PARTIES. Amendments to this AGREEMENT shall be proposed in writing to the other PARTY at least 120 days prior to the expiration of the current one year term. 6.02 It is understood and agreed by the PARTIES hereto that changes in local, state, and federal rules, regulations, or laws applicable hereto may occur during the term of this AGREEMENT and that the provisions of this AGREEMENT shall prevail but only to the extent that they are not in conflict with federal and state law. If any changes to local rules, regulations, or laws mandate a change in the provisions contained in the AGREEMENT, then the PARTIES shall negotiate, in good faith, and execute an appropriate amendment to this AGREEMENT within 90 days of the effective date of such change. VII. ASSIGNMENTS 7.01 No PARTY hereto may transfer, pledge, or otherwise assign this AGREEMENT, any interest in and to same, or any claim arising hereunder. This AGREEMENT is not assignable in any respect. Any attempt to transfer, pledge, or otherwise assign this AGREEMENT shall be void ab initio and shall confer no rights upon any third person. VIII. SEVERABILITY OF PROVISIONS 8.01 If any clause or provision of this AGREEMENT is held invalid, illegal, or unenforceable under present or future federal, state, or local laws, then and in that event it is the intention of the PARTIES hereto that such invalidity, illegality, or unenforceability shall not affect any other clause 50510554.3 Page 9 of 11 or provision hereof and that the remainder of this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable clause or provision was never contained herein. IX. ENTH2E AGREEMENT 9.01 This AGREEMENT constitutes the final and entire AGREEMENT between the PARTIES hereto and contains all of the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind the parties hereto unless same is in writing, dated subsequent to the date hereof and duly executed by the PARTIES. X. PARTIES BOUND 10.01 This AGREEMENT shall be binding on and inure to the benefit of the PARTIES hereto and their respective legal representatives, successors and assigns, except as otherwise expressly provided herein. XI. GENDER 11.01 Words of gender used in this AGREEMENT shall be held and construed to include the other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. XII. RELATIONSHIP OF PARTIES 12.01 Nothing contained herein shall be deemed or construed by the PARTIES hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between them. XIII. TEXAS LAW TO APPLY; VENUE 13.01 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 Guadalupe County, Texas. The PARTIES agree that venue shall be proper in the State district court located in Guadalupe County, Texas. XIV. CAPTIONS 14.01 The captions contained in this AGREEMENT are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this AGREEMENT. XV. MULTIPLE COUNTERPARTS 15.01 This AGREEMENT may be executed in multiple counterpazrts. The PARTIES agree that it is not necessary for each or every PARTY to execute the same physical document. The AGREEMENT binds the CITY and the DISTRICT upon execution and delivery of the AGREEMENT by an authorized representative of both the CITY and the DISTRICT. [Signatures on the following page J sosioss4.3 Page 10 of 11 EXECUTED as of the dates set forth below to be effective as of the EFFECTIVE DATE. SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, apolitical subdivision of the State of Texas By: Greg Gibson, Superintendent of Schools Date: ~ ~~~ // ~ CITY OF SCHERTZ, a Texas municipal corporation By: Jo C. Kesel, ity Manager Date: ATTEST: By: ~~~ Cam/ 1l ~~\'~,~ Brenda Dennis, City Secretary City of Schertz Date: ~ `~ ' ~-~ sosrossas Page 11 of 11