18-R-19 - ILA with CCMA Temporary Fire Housing - Station 3RESOLUTION NO. 18 -R -19
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN
INTERLOCAL AGREEMENT FOR PROPERTY USAGE BETWEEN
THE CITY OF SCHERTZ AND THE CIBOLD CREEK MUNICIPAL
AUTHORITY REGARDING TEMPORARY HOUSING OF FIRE
DEPARTMENT ENGINE #3 AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City of Schertz is a home rule municipality incorporated in Guadalupe
County pursuant to the Statutes of the State of Texas, and as such is authorized to buy, sell, and
lease real property; and
WHEREAS, the Cibolo Creek Municipal Authority is a municipal utility district
authorized to enter into contracts related to real property; and
WHEREAS, the Cibolo Creek Municipal Authority Board of Directors is designated the
duties of management, operation and control of real property owned by the Cibolo Creek
Municipal Authority; and
WHEREAS, the City of Schertz is in need of temporary housing for Fire Department
Engine #3; and
WHEREAS, the Cibolo Creek Municipal Authority owns property which is suitable for
the temporary housing of Fire Department Engine #3; and
WHEREAS, the Cibolo Creek Municipal Authority finds that the temporary use of the
subject property would not interfere with or impede its operations; and
WHEREAS, the Cibolo Creek Municipal Authority finds that use of the property serves
a public purpose and benefits the customers within its service area through the provision of
uninterrupted fire prevention and rescue services and promotes the health, safety and general
welfare of the area;
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 the
Interlocal Agreement with Cibolo Creek Municipal Authority for property usage for the
temporary housing of Fire Engine #3 as set forth in 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 27th day of February 2018.
CITY OF SCBERTZ, TEXAS
Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL
INTERLOCAL AGREEMENT FOR PROPERTY USAGE BETWEEN THE CITY
OF SCHERTZ AND THE CIBOLO CREEK MUNICIPAL AUTHORITY
REGARDING TEMPORARY HOUSING OF FIRE DEPARTMENT ENGINE #3
WHEREAS, the City of Schertz is a home rule municipality incorporated in Guadalupe
County pursuant to the Statutes of the State of Texas, and as such is authorized to buy,
sell, and lease real property; and
WHEREAS, the Cibolo Creek Municipal Authority is a municipal utility district
authorized to enter into contracts related to real property; and
WHEREAS, the Cibolo Creek Municipal Authority Board of Directors is designated the
duties of management, operation and control of real property owned by the Cibolo Creek
Municipal Authority; and
WHEREAS, the City of Schertz is in need of temporary housing for Fire Department
Engine #3; and
WHEREAS, the Cibolo Creek Municipal Authority owns property which is suitable for
the temporary housing of Fire Department Engine #3; and
WHEREAS, the Cibolo Creek Municipal Authority finds that the temporary use of the
subject property would not interfere with or impede its operations; and
WHEREAS, the Cibolo Creek Municipal Authority finds that use of the property serves
a public purpose and benefits the customers within its service area through the provision
of uninterrupted fire prevention and rescue services and promotes the health, safety and
general welfare of the area;
FOR AND IN CONSIDERATION of the premises and mutual agreements,
covenants, and conditions hereinafter set forth, the parties hereto contract agree as
follows:
1.. The recitals set forth above are true and correct and incorporated herein.
2. Premises: The City of Schertz (hereinafter "City ") shall use the property from
the Cibolo Creek Municipal Authority (hereinafter "CCMA "). The property to be
used is located at 7729 Trainer Hale Road, Schertz, Texas (hereinafter "the
property ").
3. Use: The property shall be used to temporarily house the City's Fire Engine #3,
including the on -site housing of Fire Department Personnel, administrative staff,
and related equipment and apparatus.
4. Compensation: As consideration for this use of property, the City agrees to
provide uninterrupted fire protection and rescue services.
5. Duration: This use of property agreement is for a period of one year and 6
months, commencing on the date of the last authorized signature. At the
conclusion of the term, the City may exercise an option to extend the use of
property for an additional six -month period. Thereafter, renewal of the use of
property agreement shall be as mutually agreed upon by the parties.
6. Termination: This use of property agreement may be terminated by either party
upon receipt of written notice sixty (60) days prior to the termination date.
7. Liability: Third party claims against parties hereto shall be governed by the
Texas Tort Claims Act or other appropriate statutes, charters and ordinances of
the parties. It is expressly understood and agreed that by executing this
Agreement, neither party waives, nor shall be deemed hereby to waive, any
immunity or defense that would otherwise be available to it, against claims arising
in the exercise of governmental powers and functions.
8. Transferability: The rights and obligations created by this use of property
agreement may not be transferred or assigned to another party without the express
written consent of CCMA. This use of property agreement shall extend to and be
binding upon the parties and their respective successors and assignees.
9. Venue: This use of property agreement shall be interpreted and executed in
accordance with the laws of the State of Texas. Venue of any suit or right or cause
of actions arising under or in connection with this use of property agreement shall
be exclusively in Guadalupe County, Texas.
10. Clauses & Covenants:
a. CITY agrees to:
i. At its own expense, keep the property to be used in good repair and
ensure that the area is maintained in a neat and clean manner.
ii. At its own expense, secure the property to be used, as needed.
iii. At its own expense, provide utility services necessary for its
operation.
iv. At its own expense and its own discretion, maintain insurance of
its contents and equipment;
v. Discontinue the use of emergency sirens after 8PM when leaving
the property.
b. CITY agrees not to:
i. Use of property for any purpose other than that stated in this use of
property agreement.
ii. Create a nuisance or permit any waste.
iii. Alter the property without the CCMA's consent, which may be
given by the General Manager.
11. Amendment of Use of Property Agreement: This use of property agreement
may be amended only by an instrument in writing and signed by the City and
CCMA.
12. Entire Agreement: This document represents the entirety of the use of property
agreement between the City and CCMA. No oral or other written contracts
outside of this use of property agreement shall have any effect unless they are
approved in writing by both parties and made a part of this use of property
agreement.
13. Severability: If 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 invalidity or illegality shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, and shall not render the
entire Agreement invalid.
14. Execution: This Agreement has been executed by City and CCMA upon and by
the authority of their respective governing bodies. This Agreement shall become
effective on the date executed by the final party.
Brian James, Acting City Manager Date
CIBOLO CREEK MUNICIPAL AUTHORITY
Clint Ellis, General Manager Date