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.
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D - Community Relations - Nonschool Use of School Facilities - Google Does
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; 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.
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