22-R-116 Interlocal Agreement City of Schertz an City of Selma Intersection Lookout Rd-Schertz ParkwayRESOLUTION NO.22-R-116
A RESOLUTION BY THE CITY OF SCHERTZ CITY COUNCIL
AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF SCHERTZ, TEXAS AND THE CITY OF SELMA, TEXAS REGARDING
FUNDING OF DESIGN AND CONSTRUCTION OF SIGNALIZATION OF
THE INTERSECTION OF LOOKOUT RD. AND SCHERTZ PARKWAY;
AND OTHER MATTERS IN CONNECTION THEREWITH
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; and,
WHEREAS, the cities of Schertz and Selma have identified the intersection of Lookout
Road and Schertz Parkway as an opportunity to share in the funding of design and construction
costs associated with signalization of the intersection; and,
WHEREAS, such signalization would represent a traffic safety improvement that would
be beneficial to both cities, as well as an improvement beneficial to existing and future business
enterprise within the sector; and,
WHEREAS, Schertz has created the Schertz Economic Development Corporation, a
Texas non-profit economic development corporation pursuant to Chapters 501, 502 and 505 of the
Texas Local Government Code ("SEDC"); and,
WHEREAS, SEDC has allocated funding for redevelopment of Lookout Rd. in the FY
2023 Budget adopted by City Council on September 13, 2022: and,
WHEREAS, the City of Schertz, the City of Selma and the SEDC wish to expedite the
design and construction of the signalization of the intersection of Schertz Parkway and Lookout
Road to facilitate the safe and orderly flow of traffic through the ("Project"); and,
WHEREAS, Selma has requested Schertz act as the entity responsible for the design and
construction of the Project.
WHEREAS, Schertz has worked with the SEDC to budget from the SEDC Reserve Fund
additional dollars to the Lookout Rd. reconstruction project slated for FY2023; and,
WHEREAS, Selma seeks to expedite the development of signalization through sharing of
up to one-third (1/3) of the cost of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE OF
THE CITY OF SCHERTZ TEXAS:
Section 1. The City Council hereby approves the Interlocal Agreement between the
City of Schertz, Texas and the City of Selma, Texas for the funding of design and construction
costs associated with signalization of the intersection of Lookout Road and Schertz Parkway
attached hereto as Exhibit A.
Section 2. The City Council hereby authorizes the City Manager to execute the
Interlocal Agreement.
Section 3. 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 4. 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 5. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved. A
PASSED AND ADOPTED, this % day of �k kW, 2022.
ATTEST:
Sheila Edmondson, Interim City Secretary
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE SCHERTZ
ECONOMIC DEVELOPMENT CORPORATION, AND CITIES OF SCHERTZ AND
SELMA, TEXAS, REGARDING FUNDING OF DESIGN AND CONSTRUCTION OF
SIGNALIZATION OF THE INTERSECTION OF LOOKOUT RD. AND SCHERTZ
PARKWAY
This Interlocal Agreement regarding the shared costs of design and construction of
signalization of the intersection of Lookout Rd and Schertz Parkway (the "Agreement"), is entered
into between the Schertz Economic Development Corporation ("SEDC") a Texas non-profit
development corporation, and the Cities of Schertz ("Schertz") and Selma ("Selma"), Texas,
each a Texas municipal corporation acting by and through its respective City Council, 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 SEDC and Cities 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; and,
WHEREAS, Schertz has created the Schertz Economic Development Corporation, a
Texas non-profit economic development corporation pursuant to Chapters 501, 502 and 505 of the
Texas Local Government Code ("SEDC"); and,
WHEREAS, SEDC has allocated funding for redevelopment of Lookout Rd. in the FY
2023 Budget adopted by City Council on September 13, 2022: and,
WHEREAS, the City of Schertz, the City of Selma and the SEDC wish to expedite the
design and construction of the signalization of the intersection of Schertz Parkway and Lookout
Road to facilitate the safe and orderly flow of traffic through the ("Project"); and,
WHEREAS, Selma has requested Schertz act as the entity responsible for the design and
construction of the Project.
WHEREAS, Schertz has worked with the SEDC to budget from the SEDC Reserve Fund
additional dollars to the Lookout Rd. reconstruction project slated for FY2023; and,
WHEREAS, Selma seeks to expedite the development of signalization through sharing of
up to one-third (1 /3) of the cost of the Project; and,
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:
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I. Purpose and Scope
1.1 To ensure adequate traffic flow to protect the health, safety, and welfare of the citizens of
the Parties, new traffic signalization is believed to be necessary at the approximate boundary
between the City of Schertz and the City of Selma at the intersection of the Lookout Rd. and
Schertz Parkway.
1.2 The process will include SEDC provision of Project funding, Schertz leading design and
cost estimates for the Project to secure approval for cost share from the City of Selma for estimated
costs, Project management to completion by Schertz and submission of total Project costs to the
City of Selma, and payment of 1 /3 of documented Project total cost from Selma to the SEDC.
1.3 The City of Schertz is designating the SEDC as its fiscal agent for the performance related
elements of this Interlocal Agreement, and it is understood by the Parties that the SEDC is not a
governmental entity and cannot be a direct party to an interlocal agreement.
II. Term of the Agreement
2.1 The term of this Agreement shall begin upon approval by the governing bodies of the
Parties and full execution by the designated officials.
2.2 This Agreement shall terminate when the Project is completed, and 1/3 of all documented
Project costs reimbursed to the SEDC by the City of Selma, or 18 months, whichever is sooner.
This Agreement may be extended if additional time is necessary to complete the Project and as
agreed upon by the Parties.
2.3 Any Party may terminate this Agreement upon thirty (30) days written notice to the other
Parties. Notice must be received no less than 30 days before the release of the formal solicitation
for the Project construction. If Selma terminates this Agreement all documented Project design
costs accrued on the date of communication to the other Parties shall be submitted to Selma and
will be due from Selma to the SEDC. If Schertz or SEDC terminate the agreement the SEDC will
allocate funding to reimburse Schertz for any design costs accrued on the date of communication
to the other Parties.
III. Responsibilities of Schertz
3.1 Act as the entity responsible for all aspects of project management, including contracting
for the design and construction of signalization as well as vendor management and payment
through Project completion.
3.2 Act as the recipient of SEDC funding for costs associated with construction through the
adoption of an MOU and funding agreement with the SEDC.
3.3 Provide design and preliminary Project cost estimates for review by SEDC and Selma.
3.4 Upon receipt of responsive bids, provide update to Selma and SEDC on Project Bid Costs.
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3.5 Provide to the City of Selma evidence of paid invoices for all documented Project costs for
which 1/3 will be due by Selma to the SEDC.
3.6 Upon request, provide SEDC and/or Selma Project updates via email.
V. Responsibilities of the SEDC
4.1 Coordinate consideration of funding agreement and authorization of project funds through
the SEDC Board of Directors and the City of Schertz.
4.2 Accept reimbursement from the City of Selma.
IV. Responsibilities of Selma
5.1 Provide approval of initial Project design and preliminary Project cost based on design of
project through written communication from Selma City Administrator.
5.2 If the approval per 5.1 is not given, provide the City of Schertz notice of termination of the
project and reimburse the SEDC for 1/3 of all documented Project cost associated with design with
of the project.
5.3 Upon Project completion and submission of a request for payment from SEDC, reimburse
the SEDC for 1/3 of total documented Project costs within 90 calendar days.
VI. Binding Effect; Benefiting Parties
6.1 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 any Party without first obtaining the
written consent of the other Parties.
6.2 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.
VII. Governmental Functions; Liability; No Waiver of Immunity or Defenses
7.1 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.
7.1.1 The services provided for herein are governmental functions, and the Cities shall
be engaged in the conduct of a governmental function while providing and/or performing
any service pursuant to this Agreement.
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7.1.2 The relationship of the Cities 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.
7.1.3 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.
7.2 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 no Party 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.
7.3 No Parry waives or relinquishes any immunity or defense on behalf of itself, its
Councilmembers, officers, employees, and agents as a result of the execution of this Agreement
and the performance of the covenants and agreements contained herein.
7.4 Any party paying for the performance of governmental functions or services will make
those payments from current revenues available to the paying party.
VIII. Notices
8.1 All correspondence and communications concerning this Agreement shall be directed to:
SCHERTZ: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
Schertz EDC: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: SEDC Executive Director
With a copy to: Denton, Navarro, Rocha, Bernal, & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: Daniel Santee
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SELMA: City of Selma
9375 Corporate Drive
Selma, Texas 78154
Attention: City Administrator Johnny Casias
With a copy to: Langley & Banack, Inc.
745 E. Mulberry Ave, Ste 700
San Antonio, Texas 78212
Attention: Marc J. Schnall
Notices required hereunder shall be hand -delivered or sent by prepaid certified mail, return
receipt requested.
IX. Severability
9.1 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.
X. Entire Agreement
10.1 This Agreement is the entire agreement between the Parties as to the subject matter hereof
and supersedes any prior understanding or written or oral agreement relative to the 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. Any funds necessary for the
completion of this Agreement have been or will be allocated in a manner authorized by law and in
compliance with municipal budgeting principles.
XI. Governing Law; Venue
11.1 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 Comal 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 Courts of Comal County, Texas. The Parties agree to submit to
the jurisdiction of said court.
[ Signatures and acknowledgements on the following pages]
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SIGNATURE PAGE TO
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE SCHERTZ
ECONOMIC DEVELOPMENT CORPORATION, AND CITIES OF SCHERTZ AND
SELMA, TEXAS, REGARDING FUNDING OF DESIGN AND CONSTRUCTION OF
SIGNALIZATION OF THE INTERSECTION OF LOOKOUT RD. AND SCHERTZ
The Parties hereto have executed this Agreement as of the dates set forth below to be effective as
of the Effective Date. t1r
CITY OF SCHERTZ, TEXAS
Dr. Mark Browne,
City Manager
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of ,
2022, by Dr. Mark Browne, the City Manager of the City of Schertz, Texas, a Texas municipal
corporation, on behalf of said City.
[ Sea] ]
Notary Public in and for the State of Texas
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SIGNATURE PAGE TO
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE SCHERTZ
ECONOMIC DEVELOPMENT CORPORATION, AND CITIES OF SCHERTZ AND
SELMA, TEXAS, REGARDING FUNDING OF DESIGN AND CONSTRUCTION OF
SIGNALIZATION OF THE INTERSECTION OF LOOKOUT RD. AND SCHERTZ
PARKWAY
SCHERTZ ECONOMIC DEVELOPMENT CORPORATION
LN
Paul Macaluso,
Chair
SEDC Board of Directors
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the day of
2022.
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SIGNATURE PAGE TO
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITIES OF
SCHERTZ, SELMA AND GARDEN RIDGE, TEXAS REGARDING THE CLOSURE
AND OPENING OF PUBLIC RAILROAD CROSSINGS
CITY OF SELMA
Johnny Casias,
City Administrator
THE STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on the day of ,
2022, by Johnny Casias, City Administrator of Selma, a political subdivision of the State of Texas,
on behalf of said entity.
[ Seal
Notary Public in and for the State of Texas
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