Loading...
RES 1545 01/10/2017 (2) t�4,j1"'Ogl�u/Jai"'��� •\ � H�' I U * s r= o l _ * T£ X A S "City of Choice" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF CIBOLO, TEXAS, AUTHORIZING AND INTERLOCAL AGREEMENT WITH THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT FOR THE JOINT FUNDING OF CERTAIN IMPROVEMENTS TO THE SEGMENT OF THE BORGFELD ROAD IMPROVEMENT PROJECT THAT BEGINS AT CRIMSON TREE AND ENDS AT DIETZ ROAD. WHEREAS, the citizens of the City of Cibolo have elected to authorize the issuance of Bonds in order to fund improvements to Borgfeld Road (the `Borgfeld Road Improvement Project"); and WHEREAS, the costs associated with the segment of the Borgfeld Road Improvement Project that begins at Crimson Tree and ends at Dietz Road (the "Crimson Tree/Dietz Road Segment"), which is approximately 3600 linear feet, is approximately 4.5 million dollars, including the costs of five lane road construction, intersection signalization, drainage improvements, utility replacement/realignment, and right- of-way dedication; and WHEREAS, the impact on the City's existing Traffic and Utility Infrastructure caused by the Dobie Junior High School Improvements, can best be addressed in an equitable and efficient manner by the Schertz-Cibolo-Universal City Independent School District's commitment to make a cash contribution towards the completion of the Crimson Tree/Dietz Road . NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT: SECTION 1. The Interlocal Agreement by and between the City of Cibolo and Schertz-Cibolo-Universal City Independent School District, as attached hereto as Exhibit"A" is hereby approved. Page 1 of 25 SECTION 2. The City Manager is hereby authorized to execute an agreement in substantially the same form as Exhibit "A", on behalf of the City and to execute such other ancillary documents and take such additional actions reasonably necessary to facilitate the purpose of this Resolution. SECTION 3. This resolution shall be in full force and effect from and after its final adoption. APPROVED AND ADOPTED on this the 10t' day of January,2017. Allen Dtr a�'or Attest: / ZL Peggy Cimics, City Secretary l Page 2 of 25 (*� OP C, V4S.CO # 71CX "City of Choice" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF CIBOLO, TEXAS, AUTHORIZING AND INTERLOCAL AGREEMENT WITH THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT FOR THE JOINT FUNDING OF CERTAIN IMPROVEMENTS TO THE SEGMENT OF THE BORGFELD ROAD IMPROVEMENT PROJECT THAT BEGINS AT CRIMSON TREE AND ENDS AT DIETZ ROAD. WHEREAS, the citizens of the City of Cibolo have elected to authorize the issuance of Bonds in order to fund improvements to Borgfeld Road (the `Borgfeld Road Improvement Project"); and WHEREAS, the costs associated with the segment of the Borgfeld Road Improvement Project that begins at Crimson Tree and ends at Dietz Road (the "Crimson Tree/Dietz Road Segment"), which is approximately 3600 linear feet, is approximately 4.5 million dollars, including the costs of five lane road construction, intersection signalization, drainage improvements, utility replacement/realignment, and right- of-way dedication; and WHEREAS, the impact on the City's existing Traffic and Utility Infrastructure caused by the Dobie Junior High School Improvements, can best be addressed in an equitable and efficient manner by the Schertz-Cibolo-Universal City Independent School District's commitment to make a cash contribution towards the completion of the Crimson Tree/Dietz Road . NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT: SECTION 1. The Interlocal Agreement by and between the City of Cibolo and Schertz-Cibolo-Universal City Independent School District, as attached hereto as Exhibit "A" is hereby approved. Page 1 of 25 SECTION 2. The City Manager is hereby authorized to execute an agreement in substantially the same form as Exhibit "A", on behalf of the City and to execute such other ancillary documents and take such additional actions reasonably necessary to facilitate the purpose of this Resolution. SECTION 3. This resolution shall be in full force and effect from and after its final adoption. APPROVED AND ADOPTED on this the 101h day of January, 2017. Allen Dunn, Mlavor Attest: 9� Peggy Cimics, City Secretary I Page 2 of 25 EXHIBIT "A" TO RESOLUTION NO. 1.11tS INTERLOCAL AGREEMENT STATE OF TEXAS S INTERLOCAL AGREEMENT BETWEEN S THE CITY OF CIBOLO AND 6 THE SCHERTZ-CIBOLO-UNIVERSAL COUNTY OF GUADALUPE S CITY INDEPENDENT SCHOOL DISTRICT This AGREEMENT is hereby made and entered into by and between the CITY OF CIBOLO, ("CITY"), a home rule municipality, acting by and through its City Manager pursuant to Resolution No. / Sys passed and approved by its City Council on the 10th day of January, 20176, and the Schertz-Cibolo-Universal City Independent School District ("DISTRICT") acting by and through its Superintendent pursuant to action by the District's Board of Trustees on the 23St day of July, 2015, (collectively CITY AND DISTRICT may be referenced as the "PARTIES"), and as authorized under the Interlocal Cooperation Act, Chapter 791, Texas Government Code. RECITALS WHEREAS, it is the mission of the DISTRICT to insure quality public education to citizens of the DISTRICT; and WHEREAS, it is the mission of the CITY to insure the health, safety, and welfare of its citizens, including those served by the DISTRICT; and WHEREAS, the PARTIES recognize and desire to cooperate in the delivery of their respective services to the citizens for the purposes of expediting development services processes and maximizing use of tax dollars; and WHEREAS, J. Frank Dobie Junior High School, ("Dobie Junior High School") located at 395 Borgfeld Road, Cibolo, Guadalupe County, Texas, is an educational facility that falls under the jurisdiction of the DISTRICT; and WHEREAS, incidental to the DISTRICT'S missions, the DISTRICT sought to construct additions to Dobie Junior High School, ("Dobie Junior High School Improvements"); and WHEREAS, the proposed Dobie Junior High School Improvements shall cause an impact on the CITY'S existing Traffic and Utility Infrastructure, in particular along Borgfeld Road; and WHEREAS,the citizens of the CITY have elected to authorize the issuance of Bonds in order to fund improvements to Borgfeld Road (the `Borgfeld Road Improvement Project"); and Page 3 of 25 WHEREAS, the costs associated with the segment of the Borgfeld Road Improvement Project that begins at Crimson Tree and ends at Dietz Road (the "Crimson Tree/Dietz Road Segment"), which is approximately 3600 linear feet, is approximately 4.5 million dollars, including the costs of five lane road construction, intersection signalization, drainage improvements, utility replacement/realignment, and right-of-way dedication; and WHEREAS, the PARTIES agree that the impact on the CITY'S existing Traffic and Utility Infrastructure caused by the Dobie Junior High School Improvements, can best be addressed in an equitable and efficient manner by the DISTRICT'S commitment to make a cash contribution towards the completion of the Crimson Tree/Dietz Road Segment. NOW THEREFORE, for the mutual promises obligations setout herein and other good and valuable consideration the legal sufficiency of which is hereby the acknowledged the PARTIES hereto agree as follows: I. PURPOSE 1.01 This AGREEMENT is entered into between the CITY and the DISTRICT for the purpose of memorializing the terms and conditions by which the District shall provide land dedication and monetary contribution to the to the completion of Crimson Tree/Dietz Road Segment Borgfeld Road Improvement Project in fulfillment of the DISTRICT'S obligation to address the impact that the Dobie Junior High School Improvements may have on the CITY'S public infrastructure and provide monetary contribution to a water main project, which shall provide additional fire flow to Dobie Junior High School, as described in Article V. II. TERM 2.01 The term of this AGREEMENT shall be for a period ending on September 30, 2017, unless extended or terminated earlier as provided herein. 2.02 This AGREEMENT shall terminate in the event a PARTY, through its governing body, fails to appropriate sufficient funding to meet its obligations under this AGREEMENT. Sums paid under this AGREEMENT, if any, shall be paid only from current revenues available to the paying PARTY. III. LIAISONS AND NOTICES 3.01 Unless written notification to the contrary is received by CITY, the DISTRICT'S Superintendent, or his/her designee, shall be its designated representative responsible for the management of this AGREEMENT on behalf of the DISTRICT. 3.02 Unless written notification by CITY to the contrary is received by the DISTRICT, the City Manager, or his/her designee, shall be CITY'S designated representative responsible for management of this AGREEMENT on behalf of the CITY. 3.03 Communications between CITY and DISTRICT shall be directed to the designated representatives of each PARTY, as set out in this ARTICLE III. Page 4 of 25 3.04 For purposes of this AGREEMENT, all official communications and notices among the PARTIES shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, to the addresses set forth herein. 3.05 Notice of change of address by any PARTY must be made in writing and delivered to all other PARTIES' last known address within five (5) business days of such change. 3.06 The PARTIES to this AGREEMENT shall use best efforts to promptly circulate to one another all CITY regulatory interpretations that present issues pertinent to the concerns of the DISTRICT. IV. LEGAL AUTHORITY 4.01 The PARTIES represent, warrant, assure and guarantee that they possess the legal authority, pursuant to any proper, appropriate and official motion, resolution, ordinance or action passed or taken, to enter into this AGREEMENT and to perform the responsibilities herein set out. V. PARTIES OBLIGATIONS 5.01 CITY shall: 5.01.01 Construct improvements to the Crimson Tree/Dietz Road Segment of the Borgfeld Road Improvement Project including five lane road construction, drainage improvements, utility replacement/realignment, and installation of traffic signal at the intersection of Dietz and Borgfeld Roads, as more specially described in Exhibit "A", the Preliminary Opinion on Probable Costs, attached hereto and incorporated by reference for all purposes; and 5.01.02 Construct a 12" potable water main along Dietz Road from Spice Oak Lane to Borgfeld Road to enhance the fire flow capacity and provide a redundant water source to Dobie Junior High School, as more specially described in Exhibit "A. 5.02 DISTRICT shall: 5.02.01 Dedicate a variable width strip of land to CITY along the entire Borgfeld Road frontage of Dobie Junior High School for the widening of Borgfeld Road; and 5.02.02 Dedicate a 15 foot strip of land to CITY along the entire Borgfeld Road frontage of Dobie Junior High School for the placement of electricity utilities, which may be assigned to the Guadalupe Valley Electric Cooperative; and 5.02.03 Make a cash contribution of exactly FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000.00) towards the completion of the Crimson Page 5 of 25 Tree/Dietz Road Segment of the Borgfeld Road Improvement Project referenced in section 5.01.01; and 5.02.04 Make a cash contribution of exactly FIFTY TWO THOUSAND FIVE HUNDRED DOLLARS ($52,500.00) for the construction costs of the potable water main referenced in section 5.01.02. 5.03 The dedication of land, contemplated by Sections 5.02.01 and 5.02.02, shall occur contemporaneously with the PARTIES execution of this Agreement and shall be accomplished by an Easement Agreements, which shall be in substantial form as Exhibits "B" and "C" attached hereto and incorporated by reference for all purposes. 5.04 The cash contribution contemplated by Section 5.02.03 shall be made thirty (30) days after final completion of the Project. 5.05 The cash contribution contemplated by Section 5.02.04 shall be made thirty (30) days after final completion of the Project. VI. DOBIE JUNIOR HIGH SCHOOL IMPACT ON PUBLIC INFRASTRUCTURE 6.01 The PARTIES agree that upon fulfillment of its obligations under Sections 5.02.01, 5.02.02, 5.02.03and 5.02.04 DISTRICT shall have fulfilled its obligations to address the impact the Dobie Junior High School Improvements may have made on the CITY'S Public infrastructure; and, that the DISTRICT shall not be required to make further contributions to the improvement of the CITY'S Public infrastructure in regards to the Dobie Junior High School Improvements that have been authorized pursuant to CITY Building Permit Nos. CALT — 15- 0362, CALT-15-0363, CALT 15-0364 and CALT 15-0471. VII. CHANGES AND AMENDMENTS 7.01 Except when the terms of this AGREEMENT expressly provide otherwise, any alterations, additions, or deletions to the terms hereof shall only be by written amendment formally approved by the governing body of the PARTIES. 7.02 It is understood and agreed by the PARTIES hereto that changes in local, state and federal rules, regulations or laws applicable hereto may occur during the term of this AGREEMENT and that the provisions of this AGREEMENT shall prevail but only to the extent that they are not in conflict with federal and state law. If any changes to local rules, regulations, or laws mandate a change in the provisions contained in the AGREEMENT, then the PARTIES shall negotiate, in good faith, and execute, an appropriate amendment of this AGREEMENT as soon as practical after the effective date of such change. VIII. ASSIGNMENTS 8.01 No Party hereto shall transfer, pledge or otherwise assign this AGREEMENT, any interest in and to same, or any claim arising thereunder. Except as provided herein, this Page 6 of 25 AGREEMENT is not assignable in any respect. Any attempt at transfer, pledge or other assignment shall be void ab initio and shall confer no rights upon any third person. IX. SEVERABILITY OF PROVISIONS 9.01 If any clause or provision of this AGREEMENT is held invalid, illegal or unenforceable under present or future federal, state or local laws, then and in that event it is the intention of the PARTIES hereto that such invalidity, illegality or unenforceability shall not affect any other clause or provision hereof and that the remainder of this AGREEMENT shall be construed as if such invalid, illegal or unenforceable clause or provision was never contained herein. X. ENTIRE AGREEMENT 10.01 This AGREEMENT constitutes the final and entire AGREEMENT between the parties hereto and contains all of the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind the parties hereto unless same be in writing, dated subsequent to the date hereof, and duly executed by the parties. XI. PARTIES BOUND 11.01 This AGREEMENT shall be binding on and inure to the benefit of the PARTIES hereto and their respective legal representatives, successors and assigns, except as otherwise expressly provided herein. XII. GENDER 12.01 Words of gender used in this AGREEMENT shall be held and construed to include the other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. XIII. RELATIONSHIP OF PARTIES 13.01 Nothing contained herein shall be deemed or construed by the PARTIES hereto, or by any third party, as creating the relationship of principal and agent, partners,joint venturers or any other similar such relationship between them. XIV. TEXAS LAW TO APPLY 14.01 This AGREEMENT shall be construed under and in accordance with the laws of the State of Texas and all obligations of the PARTIES created hereunder are performable in Guadalupe County, Texas. XV. CAPTIONS Page 7 of 25 15.01 The captions contained in this AGREEMENT are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this AGREEMENT. XVI. MULTIPLE ORIGNALS 16.01 This AGREEMENT may be executed in multiple originals. The PARTIES agree that it is not necessary for each or every PARTY to execute the same physical document. The AGREEMENT binds the CITY and the DISTRICT upon execution of the AGREEMENT by an authorized representative of the CITY and the DISTRICT. EXECUTED in duplicate originals on this the 2 5 tday of January , 2017. CITY OF CIBOLO SCHERTZ-CIBOLO-UNIV AL CITY INDEPEN NT SC O STRICT Robert Herrera, City Manager Dr. Greg i son, Superintendent ATTEST: ATTEST: Peggy Cimics, City Secretary Title Page 8 of 25