25-R-029 Interlocal Agreement Guadalupe County Use of FacilityRESOLUTION 25-R-029
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZIANG AN INTERLOCAL AGREEMENT
WITH GUADALUPE COUNTY FOR USE OF COUNTY FACILITY AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, Guadalupe County ("County") and the City of Schertz ("City") wish to
enter into an Agreement relating to the use of the County facility located at 1052 Farm -To -
Market Rd 78, Schertz, TX 78154 and set out the terms, rights, duties, and responsibilities with
respect thereto; and
WHEREAS, the County and the City are political subdivisions of the State of Texas and
are authorized to enter into an Agreement pursuant to Texas Government Code Chapter 791.001,
as amended;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby grants authority to the City Manager to execute
the Interlocal Agreement with Guadalupe County in substantially the form attached hereto as
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 day of , 2025.
CITY OF SCHERTZ, T S
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Mayo , alph &tierrez
ATTEST:
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City Secretary, S eila Edmondson
EXHIBIT A
Interlocal Agreement with Guadalupe County for Use of County Facility
THE STATE OF TEXAS
THE COUNTY OF GUADALUPE
INTERLOCAL AGREEMENT BETWEEN
GUADALUPE COUNTY AND THE CITY OF SCHERTZ
This Interlocal Agreement (this "Agreement") is between Guadalupe County (hereinafter referred to as "County")
and the City of Schertz (hereinafter referred to as "City"), regarding the partial use of the County facility located at
1052 Farm -To -Market Rd 78, Schertz, TX 78154 (hereinafter referred to as "Facility"). The Facility is more
particularly described as the southeast portion of the building, comprising approximately 15,000 square feet of office
space (hereinafter referred to as "Premises"), located in Schertz, Texas.
WHEREAS, the County and City have wish to enter into this Agreement relating to the use of the Facility and
Premises and set out the terms, rights, duties, and responsibilities of the County and the City with respect thereto;
and
WHEREAS, the County and the City are political subdivisions of the State of Texas and are authorized to execute
this Agreement pursuant to Texas Government Code Chapter 791.001, as amended;
NOW, THEREFORE, THE COUNTY AND CITY, ACTING BY AND THROUGH THEIR DULY
AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS:
Section 1. TERM & RENEWAL
This Agreement shall be for a term commencing with the effective date of this Agreement through and including
December 31, 2033. The City's intent is to have a new Schertz Public Safety Building (SPSB) built by December
31, 2033. The City would vacate the premises earlier if the SPSB is completed before this date.
Section 2. CONSIDERATION
County will permit the City to have exclusive use of the Premises. In addition, the City will be permitted access to
the Facility and the Premises for the purpose of City business. Guadalupe County Precinct 3 Constables Office will
be allowed to utilize the sheltered vehicle crime scene area and will be allocated a 10 x 10 area for property storage
that is independently maintained. There will be no other shared access to the property room.
Utilities: County will have electricity and water available on the site at no additional charge.
Condition: Premises is a shell office space area with HVAC, water, and two (2) sets of male and female restrooms.
Upon departing the location all office infrastructure installed by City will remain in place. Repair needs to HVAC,
water, electricity will be maintained and conducted by County.
Security deposit: No security deposit is required.
Rent: City will not be charged rent.
Section 3. AUTHORZATION
This Agreement has been duly authorized by the governing bodies of the County and the City.
Section 4. SEVERABILITY
If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining
portions hereof shall continue in full force and effect.
Section 5. AMENDMENTS
This Agreement represents the complete understanding of the County and the City with respect to the matters
described herein, and this Agreement may not be amended or altered without the written consent of both parties.
Section 6. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue for any dispute arising out of this
Agreement will be in Guadalupe County, Texas.
Section 7. NOTICE
All notices contemplated and/or required herein shall be in writing and shall be delivered in person or sent via
certified mail, unless specifically provided otherwise.
GUADALUPE COUNTY
Office of the Treasurer
307 West Court Street
Seguin, TX 78155
CITY OF SCHERTZ
ATTN: CITY MANAGER
1400 Schertz Parkway
Schertz, TX 78154
Section 8. GOVERNMENTAL FUNCTIONS; LIABILITY; NO WAIVER OF IMMUNITY OR DEFENSES
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.
a) The relationship of the Parties 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 entities.
b) Each Party shall have no liability whatsoever for the actions of, or failure to act by, any employees, agents,
or representatives of the other Party in connection with the Agreement. Each Party covenants and agrees,
to the extent permitted by law, that it shall be solely responsible, as between the Parties, 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 its respective employees, agents, representatives, or assigns, in connection therewith.
c) 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 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.
d) Neither Party waives or relinquishes any immunity or defense on behalf of itself, its commissioners,
councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the
performance of the covenants and agreements.
PASSED AND APPROVED on the day of
Kyle Kutscher
County Judge, Guadalupe County
Attest:
Teresa Kiel, Guadalupe County Clerk
,20
Steve Williams
City Manager, City of Schertz