13-R-66 - SCUCISD ILA for th Natatorium ProjectRESOLUTION NO. 13 -R -66
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A DEFINITIVE INTERLOCAL
AGREEMENT WITH SCHERTZ- CIBOLO- UNIVERSAL CITY
INDEPENDENT SCHOOL DISTRICT REGARDING A $1,650,000.00
CONTRIBUTION BY SCUCISD TO THE CITY FOR THE
NATATORIUM PROJECT IN EXCHANGE FOR A FIFTEEN YEAR
RENT FREE LEASE (FOR A SPECIFIED AMOUNT OF USAGE) OF THE
FACILITY TO SCUCISD, PROVIDED THAT THE CITY AND SCUCISD
ARE ABLE 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 FACILITY IN ORDER
FOR THE FACILITY TO BE SUITABLE FOR USE BY SCUCISD'S
SWIM TEAMS, 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, constructing the Natatorium in such a way that it will be suitable for use by
the SCUCISD swim teams will result in additional costs to the City; 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 and a fifteen year rent
free lease (for a specified amount of usage) of the facility to SCUCISD; and
WHEREAS, 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 has recommended that the City enter into a definitive
interlocal agreement with SCUCISD regarding a $1,650,000.00 contribution by SCUCISD to the
City for the Natatorium in exchange for a fifteen year rent free lease (for a specified amount of
usage) of the Natatorium to SCUCISD, provided that the City and SCUCISD are able 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
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WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into such a definitive interlocal agreement with SCUCISD provided that such terms can be
agreed upon by the City and SCUCISD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City will enter into a definitive interlocal agreement with SCUCISD
regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium in exchange
for a fifteen year rent free lease (for a specified amount of usage) of the facility to SCUCISD,
provided that the City and SCUCISD are able 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. The definitive interlocal agreement shall be brought back to City
Council for final approval once the remaining terms have been finalized.
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.
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PASSED AND ADOPTED, this 10th day of September, 2013.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
-C�
Bren'rld-Bennis, City Secretary
(CITY SEAL)
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