26-R-070 Authorizing Applying RCE Grant and Interlocal Agreements with Universal City and CiboloRESOLUTION 26-R-070
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AUTHORIZING APPLYING FOR A
RCE GRANT AND INTERLOCAL AGREEMENTS WITH
THE CITY OF UNIVERSAL CITY AND THE CITY OF
CIBOLO
WHEREAS, the Cities of Schertz, Universal City, and Cibolo wish to evaluate railroad
crossings along the FM 78 corridor in their respective jurisdictions to identify appropriate safety
and access improvements to the crossings in a collective effort; and
WHEREAS, grant funding is available via the Crossing Safety/Railroad Crossing
Elimination (RCE) grant program; and
WHEREAS, the Cities of Schertz, Universal City, and Cibolo all wish to pursue grant
funding to study the railroad crossings along FM 78 in their respective jurisdictions; and
WHEREAS, there is a 20 percent minimum local match required for the grant funding,
with extra points added for overmatching; and
WHEREAS, one City must take the lead and be the official applicant and project
manager for the RCE grant; and
WHEREAS, earlier meetings between the three city's staff determined that it would be
most appropriate for the City of Schertz to be the RCE grant applicant and project manager; and
WHEREAS, the Cities of Universal City and Cibolo are willing to enter into an
Interlocal Agreement with the City of Schertz to provide funding for their portions of the local
match required for the grant; and
WHEREAS, the City Council of the City of Schertz wishes authorize the City Manager
to apply for the RCE grant to study the railroad crossings and execute Interlocal Agreements
with the City of Universal City and the City of Cibolo related to the RCE grant;
NOW THEREFORE, 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 apply for a RCE
grant to study the railroad crossings along FM 78 in Schertz, Universal City, and Cibolo as
identified in attached Exhibit A and authorizes the City Manager to execute Interlocal
Agreements in substantially the same format as attached Exhibit B with the Cities of
Universal City and Cibolo for their portion of the RCE grant local match.
Section 2. The City Council hereby commits to an overmatch of 25 percent of requested
grant funds.
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.
Aid
/
PASSED AND APPROVED on the day of , 2026.
CITY OF SCHERTZ, TEXA�
Ralph odriguez, May
AT
k,
Sheila Edmonds , City Secretary
EXHIBIT A
RAILROAD CROSSINGS TO BE STUDIED
Universal City:
Pat Booker Road and FM 78
City of Cibolo:
FM 1103 and FM 78
Country Lane and FM 78
City of Schertz:
FM 1518 and FM 78
1' Street and FM 78
Randolph Avenue and FM 78
Schertz Parkway and FM 78
EXHIBIT B
INTERLOCAL AGREEMENT
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF SCHERTZ,
TEXAS AND THE CITY OF [Insert City Name] TEXAS, REGARDING RCE GRANT
LOCAL MATCH FOR RAILROAD CROSSINGS STUDY
This Interlocal Agreement regarding the shared costs of the local match for the RCE Grant
Planning Study for railroad crossings along the FM 78 corridor (the "Agreement"), is entered
into between the City of Schertz ("Schertz") a Texas municipal corporation acting by and through
its City Council, and the City of [insert name] ("[insert name]") 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"). Schertz and [insert name] 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, the City of Schertz and the City of [insert name] wish to collectively study
railroad crossings along the FM 78 corridor via a RCE grant the ("Project"); and,
WHEREAS, [insert name] has requested Schertz act as the entity making the grant
application and managing the Project; and
WHEREAS, the RCE grant has a minimum 20% local match requirement; and,
WHEREAS, [insert name] seeks to provide its proportionate share of the required local
match for 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:
I. Purpose and Scope
1.1 To ensure adequate traffic flow and to protect the health, safety, and welfare of the citizens
of the Parties, the railroad crossings along FM 78 will be analyzed to determine appropriate
improvements that could be made to the crossings to improve safety and access.
1.2 The process will include applying for RCE grant funding for the Project, with Schertz
applying for the RCE grant and managing the Project to secure approval for cost share from [insert
name] for the RCE grant's local match requirement from [insert name] to Schertz.
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1.3 Schertz shall be the applicant for the RCE grant and will act as the project manager for the
Project.
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 the proportionate share
of the local match for all documented Project costs reimbursed to Schertz by [insert name], or
[insert months] 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 [insert name] terminates this Agreement all documented Project
costs accrued on the date of communication to the other Parties shall be submitted to [insert name]
and will be due from [insert name] to Schertz.
M. Responsibilities of Schertz
3.1 Act as the entity responsible for all aspects of project management, including contracting
for the Project as well as vendor management and payment through Project completion.
3.2 Act as the recipient of RCE grant funding for costs associated with Project.
3.3 Hold regular Project meetings with [insert name] to inform of Project progress and solicit
input from [insert name] on the work product.
3.4 Provide to [insert name] evidence of paid invoices for all documented Project costs.
3.5 Upon request, provide [insert name] additional Project updates via email.
3.6 Accept reimbursement from [insert name].
IV. Responsibilities of [insert name]
5.1 Provide approval of Project application cost and local match cost based on the estimated
cost of the application and grant local match for the Project through written communication from
[insert name] Administrator. The maximum local match for the Project is estimated to be $[insert
amount]. The maximum application cost will be [insert fraction] of the actual application cost.
5.2 If the approval per 5.1 is not given, provide Schertz notice of termination of the project and
reimburse Schertz the local match for all documented Project costs incurred to that date.
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5.3 The actual local match cost will be calculated as the local match percentage [insert %] of
the actual Project study costs for the [insert location(s)] crossings. Each crossing study local match
cost will be one -seventh (1/7) of the total Project cost.
5.4 Upon submission of a request for payment from Schertz for the proportionate share of the
application cost, reimburse Schertz within 90 calendar days
5.5 Upon submission of a request for payment from Schertz, reimburse Schertz the local match
of the Project costs within 90 calendar days.
V. 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.
VI. 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.
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.
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7.3 No Party 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
[insert name]: City of [insert name]
[insert address]
[insert name], Texas [zip code]
Attention: City Manager [insert name]
With a copy to: Denton Navarro Rodriguez Bernal Santee & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: Daniel Santee
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 [insert county] County, Texas.
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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 [insert county] County, Texas. The Parties agree
to submit to the jurisdiction of said court.
[Signatures and acknowledgements on the followingpages J
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SIGNATURE PAGE TO
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITIES OF
SCHERTZ AND [insert name], TEXAS REGARDING THE STUDY OF FM 78
RAILROAD CROSSINGS
The Parties hereto have executed this Agreement as of the dates set forth below to be effective as
of the Effective Date.
CITY OF SCHERTZ, TEXAS
am
Steve Williams,
City Manager
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the day of ,
2026, by Steve Williams, the City Manager of the City of Schertz, Texas, a Texas municipal
corporation, on behalf of said City.
[ Seal ]
Notary Public in and for the State of Texas
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SIGNATURE PAGE TO
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITIES OF
SCHERTZ AND [insert name], TEXAS REGARDING THE STUDY OF FM 78
RAILROAD CROSSINGS
CITY OF [INSERT NAME]
[insert name],
City Administrator
THE STATE OF TEXAS
COUNTY OF [INSERT COUNTY]
This instrument was acknowledged before me on the day of ,
2026, by [insert name], City Administrator of [insert name], 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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