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