Joint Utililization AnalysisJoint Utilization Analysis
An analysis of costs associated with the joint utilization of Carroll Independent
School District facilities for parks and recreation programs and activities.
Southlake, Texas
September 13, 2004
Joint Utilization Analysis
An analysis of costs associated with the joint utilization of Carroll Independent School District
facilities for parks and recreation programs and activities.
The City of Southlake and the Carroll Independent School District (CISD) currently have in place
interlocal agreements for the joint use of facilities. Periodically these agreements are reviewed in
order to allow an opportunity to update the documents in regards to facilities, procedures, operations,
and any other pertinent items. At their January 8, 2004 meeting, the Joint Utilization Committee
provided direction for CISD and City staff to jointly review and analyze the costs associated with
providing school facilities for joint use for City programs and events. The goals included providing a
document that detailed the findings of the analysis and to report such findings to the Committee at
their March 11, 2004 meeting. The intent of the report is to provide officials from both the City and
CISD with background information, calculations and financial data, and recommendations from
which suitable decisions can be made relating to the joint use of CISD and City facilities. A draft
copy of the report was presented to the Committee at their April 1, 2004 meeting. Based on input
provided at the meeting staff proceeded to further investigate and detail the costs associated with the
annual joint use of CISD facilities resulting in the formation of this document.
The following analysis is comprised of four distinct sections relating to joint use. Recognizing that
the City Council, CISD Board, and Joint Use Committee members are more familiar with the joint
utilization process, the first portion of the analysis is geared towards educating the casual reader and
provides question and answer style information relating to the history and background of joint
utilization. The second section explains the methods and assumptions utilized in the analysis and
quantifies the annual costs of several factors that relate to joint utilization of CISD facilities by the
City. The third section offers various options for conducting joint use. Section four reviews those
options and provides recommendations for consideration by both the City and CISD as it relates to
joint utilization of CISD facilities. Exhibits are also included which support the data provided in the
analysis.
This report is presented through the efforts of administrative representatives from the City of
Southlake .and the Carroll Independent School District, in conjunction with assistance and input from
numerous City and CISD staff members. The base data regarding utilities, maintenance and
operating costs, facility square footage, frequency of use, revenues, and fees are provided based on
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staff review of current information obtained through both the City and CISD. Given the scope of the
analysis and the complexity of the issue, the methodology for developing the report data does take
into account some assumptions and general estimates which are detailed as such within the body of
document. Although the report was developed within a relatively short time frame using existing
resources it provides results that are based on sound financial and operational data.
L Questions and Answers
What is joint utilization?
Joint utilization is a cooperative effort between the City of Southlake and the Carroll Independent
School District to share existing facilities, equipment and park land for events, activities, or
programs, recognizing that the joint use of facilities can benefit both entities and provide more
efficient use of public funds.
When did joint utilization begin?
Joint utilization began in 1993 with the formation of the Joint Utilization Committee. The official
interlocal agreement establishing the general framework for the program was approved in April of
1994.
What is the Joint Utilization Committee (JUC) and what is their role?
The Joint Utilization Committee consists of two City Council members, two members of the CISD
Board of Trustees, one Parks Board representative, and two citizen representatives. The City and the
CISD each appoint one of the citizen representatives. The JUC is charged with developing and
adopting for recommendation to the City Council and CISD Board formal arrangements for the joint
use of CISD and City facilities and/or special projects. The JUC also serves as an open forum for the
discussion of various CISD and City subjects that may arise.
Who benefits from joint utilization?
The citizens of Southlake benefit from joint utilization due in great part to the interlocal cooperative
efforts of the CISD and City. As a result citizens enjoy numerous opportunities to participate in
educational, recreational, and athletic activities. These opportunities may include basketball,
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volleyball, swimming, classroom programs, special events, and youth sports activities. During the
past year, over 6,000 participants have benefited from joint use opportunities through the City's
recreation programs and another 7,500 at the CISD Natatorium. In addition the youth sports
associations consisting of approximately 3,000 players also benefit from their use of CISD open
space areas for practice locations.
What is the City's responsibility as it relates to joint utilization?
The City develops, advertises, promotes, and operates the majority of programs offered through j oint
use. This includes providing clerical and administrative oversight, developing programs, locating
instructors, drafting, designing, and printing the Southlake Scene brochure, accepting registrations,
overseeing the use CISD facilities, and providing follow-up to ensure the activities met the
expectations of the patron.
What is the CISD's responsibility as it relates to joint utilization?
The CISD provides facilities to include gymnasiums, classrooms, and open space areas for joint use
programs. The CISD is responsible for general maintenance and operations of these facilities.
How are joint use schedules approved?
Joint use schedules are submitted by the City three times per year (summer, winter, spring) to the
CISD. The CISD will review and approve the schedules as submitted, or with any modifications
deemed necessary, within the appropriate timeframe as delineated in the Interlocal Agreement. This
same process is also utilized for CISD scheduling of City facilities.
What does the City contribute to the maintenance and improvements of joint utilization
facilities?
In addition to providing various educational, recreational, and athletic programs, the City also
provides financial support to the CISD by way of major and minor maintenance, and joint funding for
capital improvements. Examples of such are included within the body of the document.
What facilities are included as part of joint use?
The CISD provides gymnasiums, classrooms, activity rooms, open space areas on campuses (non -
lighted, non-irrigated/irri gated), and the CIS field. A number of different park facilities are available
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for joint use from the City including the Community Center, Bicentennial Lodge, baseball, softball,
and soccer fields, playgrounds, pavilions, tennis courts, and the in -line hockey court. A full listing of
joint use facilities is attached as Exhibit A.
Under which agreements does joint use between the City and CISD currently operate?
Two agreements currently exist as it relates to the operations of joint use. The most significant
document is the Interlocal Agreement for Park, Playground and Other Recreation Facilities which
also includes as addenda the agreement for the Carroll Intermediate School playing field (Exhibit B).
This document outlines the joint use process, identifies joint use facilities, and establishes the term of
the agreement. It also outlines the responsibilities for the CIS field for funding to include lighting the
field and electrical costs, operations and field maintenance responsibilities, facility usage, and
disbursement of field use fees. The second agreement is the Interlocal Agreement for Joint Use of the
Carroll Independent School District Natatorium (Exhibit Q. In general this document outlines the
allocation of City funds towards the natatorium construction, defines operational requirements and
responsibilities, outlines facility use and scheduling, and establishes the term of the agreement.
How are proceeds used or shared from program revenues?
All proceeds generated from joint use programs, with the exception of the natatorium and the CIS
field use fees, are assigned to the entity providing the program. As noted, the exceptions are joint use
programs at the natatorium where the City pays to the CISD 20% of gross program revenues for use
of the pool with the remaining revenues paying for the contract instructors and program supplies.
One -hundred percent of all other natatorium revenues for community programs such as open swim
are collected and retained by the CISD. Field use fees at CIS are distributed evenly with the City and
CISD each receiving 50% of the revenues directly related to use of the facility.
IL Analysis of costs relatin.e to joint utilization
In order to provide an analysis that captures the true costs borne by the CISD for joint use programs,
staff first determined what facilities were currently being used, their frequency of use, and how many
square feet of space was employed. The amount of space utilized was derived by identifying the
average size of a classroom, gymnasium, or other facility, including appropriate ingress and egress
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allotments. Frequency of use was determined based on the actual number of hours that programs and
events were held by the City at CISD joint use facilities during 2003 and the identification of those
amenities utilized (classrooms, gyms, other facilities). Recognizing the difficulty in determining the
area and frequency of use for outdoor open space areas this data was not calculated but rather
included as a part of the actual fiscal year 2002-03 maintenance and operating cost. The information
was compiled using existing data including joint use schedules for 2003 and CISD estimations for
average facility size as it relates to gymnasiums, classrooms, and other facilities. This information
then provides the key statistical components from which identified factors can be calculated.
A number of factors and the methodology in which they were quantified were reviewed as part of the
analysis of costs relating to joint use of CISD facilities. These factors include:
■ CISD maintenance and operating costs
■ current City budget for joint use maintenance and improvements
■ revenues received by the CISD for City administered joint use activities.
Other factors for consideration include City contributions to date for CISD facilities and general
operations. During this analysis it was assumed that capital outlay costs for CISD facility
construction existed regardless of joint utilization and was therefore excluded from the calculations.
This analysis also does not provide calculations for CISD use of City facilities due to their limited
scheduling of City parks, ballfields, and other amenities.
1) CISD maintenance and operating costs include facility insurance, utilities, maintenance
personnel, supplies, grounds, and other direct facility expenditures. Costs relating to joint use
were derived by taking the fiscal year 2002-03 CISD maintenance and operating actual
expenditures ($6,795,040) for all campuses, athletic venues, grounds, and facilities.
To obtain utility costs for electric and gas, the actual expenditures for fiscal year 2002-03
were broken down to a daily utility cost by campus for various facilities (gym, classroom,
cafetorium) and assumed 241 total days of operations at 16 hours per day. These figures were
then multiplied by the total number of days of actual joint use that occurred between January
1, 2003 and December 31, 2003 as demonstrated in exhibit D.
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Annual operational and maintenance costs, excluding utilities, were derived on an equal per
square foot basis for each campus. Annual maintenance costs per campus were determined by
multiplying the daily maintenance cost by the joint use square footage used and the total
number of days of actual joint use that occurred between January 1, 2003 and December 31,
2003, as demonstrated in exhibit D.
Using this methodology, the cost for utilities and maintenance and operations as it relates to
joint use in 2003 is $61,267.21.
2) The current City budget for joint use facility maintenance and improvements is $20,000 in the
Southlake Parks Development Corporation (SPDC) Fund and $2,500 in the General Fund.
These funds are available for facility improvements and maintenance items relating to joint
use. The City has budgeted $120,000 since FY 1998-99 in SPDC and $36,500 cumulative
since 1996 in the General Fund for joint use maintenance and improvements. The expenditure
of funds on CISD maintenance related items is initiated by a request from the District. During
certain years there have been no requests for funding assistance from the CISD. The City has
expended approximately $24,000 for CISD related maintenance and improvements over the
past three years.
3) Revenues received by the CISD relating to joint use activities include City payment to the
CISD for natatorium use for the Southlake Stingrays swim team and related clinics in the
amount of $7,404 in 2003. Revenues also include the Carroll Intermediate School field use
fees, as outlined in the interlocal agreement, which are distributed equally between the City
and the CISD. The City and CISD each receive fifty percent of the revenues directly related
to the use of the facility with the CISD and City each having received $1,510 since the Fall of
2002.
It is also appropriate when weighing these factors to consider City contributions for CISD joint use
facilities and general operations. To date, the City has provided over $2.3 million towards joint use
facilities. In addition the City also supports and assists CISD operations through infrastructure
improvements resulting from new schools, waiving of development fees, the teen court program, and
school resource officers. This assistance is valued at approximately $6.0 million. This financial
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support, when combined with expenditures for joint use facilities, represents over $8.0 million that
can be attributed to City assistance of CISD related operations (Exhibit F)
III. Options
As with any analysis of this scope there are a number of different options that can be garnered from
the information derived. Staff reviewed the data and determined which options best represented the
various levels of probable joint use participation between the City and CISD. In determining which
options to present several factors were considered to include current joint use agreements, the present
financial concerns faced by the CISD as it relates to school funding, the direct financial impact of
joint use programs on CISD, equitable cost sharing for actual facility use, and CISD fee schedules for
general facility rentals. Based on these views, the following set of options are presented for
consideration.
Option 1 - Results in total annual City expenditures and CISD revenues of approximately $30,700
■ The City and CISD continue with the operation of joint use in its present form.
■ Existing interlocal agreements remain unchanged and City continues to budget funding for
joint use maintenance and improvements at its present level ($22,500).
■ CISD would continue to receive revenue from the City for joint use programs at the
natatorium (estimated at $7,400 per year) and CIS field fees (estimated at $1,100 per year).
■ Joint use capital project funding would be considered by the City and CISD on a case by case
basis.
Option 2 - Results in total annual City expenditures and CISD revenue of approximately $62,367.21
■ Payment to CISD of costs resulting from the direct impact of joint use at CISD facilities
($61,267.21).
■ CISD would continue to receive revenue from the City for joint use programs at the CIS field
(estimated at $1,100 per year).
■ Excludes direct allocation of SPDC and General Fund monies for joint use maintenance and
improvements. Joint use capital project funding would be considered by the City and CISD
on a case by case basis.
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■ Allows for continued review and consideration of minor and major maintenance, repair,
replacement, or improvements of joint use facilities as specified in Sections IV and V of the
existing interlocal agreement.
■ Excludes City payment to CISD the revenues for aquatics (estimated at $7,400 per year) as
outlined in Option 1.
■ The City would pay the annual fee to the CISD based on the previous year's actual facility
usage, utility costs, and maintenance and operating costs. The fees would be calculated using
the methodology presented in this report to include frequency of use, square footage
allotments, and site specific utility costs.
Option 3 - Results in total annual City expenditures and CISD revenues of approximately $69,767.21
■ Payment to CISD of costs resulting from the direct impact of joint use at CISD facilities
($61,267.21).
■ CISD would continue to receive revenue from the City for joint use programs at the
natatorium (estimated at $7,400 per year) and CIS field fees (estimated at $1,100 per year). as
outlined in Option 1.
■ Excludes direct allocation of SPDC and General Fund monies for joint use maintenance and
improvements. Joint use capital project funding would be considered by the City and CISD
on a case by case basis.
■ Allows for continued review and consideration of minor and major maintenance, repair,
replacement, or improvements of joint use facilities as specified in Sections IV and V of the
existing interlocal agreement.
■ The City would pay the annual fee to the CISD based on the previous year's actual facility
usage, utility costs, and maintenance and operating costs. The fees would be calculated using
the methodology presented in this report to include frequency of use, square footage
allotments, and site specific utility costs.
Option 4 - Results in annual fees to the CISD estimated at $712,575
■ In lieu of the existing joint use agreements and present revenue arrangements, the CISD
would charge the City for use of their facilities based on the rental rates as outlined in the
current fee structure (Exhibit G).
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■ While neither the City nor CISD staff view this as a viable option, it is included for
consideration.
Option 5 — Results in CISD assuming all revenues and expenditures
■ The City would cease operations of joint use recreation programming.
■ CISD would assume all programming responsibility.
■ CISD would assume all revenues and expenditures relating to recreational programming.
■ While neither the City nor CISD staff view this as a viable option, it is included for
consideration.
IV Recommendations
Staff analyzed the options listed above and reviewed each in regards to the numerous factors and
issues presently surrounding joint use while recognizing that certain limitations exist within each
organization. Option 1, to continue joint use as it presently exists, has proven to be successful in
many regards over the last ten years but does posses some shortcomings as it relates to shifting
financial capacities. Given the current school finance issues faced by the CISD, Option 1 can be
perceived to place an unnecessary financial burden on the District due to the limited reimbursement
of expenses. As a result, it is recommended that Option 1 only be considered if both parties can
agree, based on the data provided, that the financial impact is of an amount that CISD can continue to
absorb.
Option 2 considers City payment of fees resulting from the direct impact of joint use at CISD
facilities for utility costs (electrical and gas) and maintenance and operational costs, and allocates
aquatics revenue to the City. It suggests removing the annual joint use maintenance and
improvement funding allocation by the City and replacing it with a lump sum payment to encompass
all of the factors mentioned above. Option 2 also eliminates the payment to the CISD of revenues
associated with City managed aquatics program (Stingrays swim team) requiring an amendment to
the existing natatorium agreement or a reduction in payment to the CISD equal to the aquatics
revenue. Option 2 continues the payment of CIS field use fees and allows for continued
consideration of minor and major maintenance, repair, or improvements items at joint use facilities.
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This option provides a more equitable alternative to achieving a neutral financial impact on the CISD
as it relates to City utilization of school facilities for joint use activities.
Option 3 considers City payment of fees resulting from the direct impact of joint use at CISD
facilities for utility costs (electrical and gas) and maintenance and operational costs, and continues
payment of aquatics revenue to the CISD. It suggests removing the annual joint use maintenance and
improvement funding allocation by the City and replacing it with a lump sum payment to encompass
all of the factors mentioned above. It also allows the CISD to continue to realize the revenues
associated with joint use of the CIS field, as well as the City managed aquatics program. This results
in a net positive gain for CISD above and beyond actual joint use costs. This option also allows for
continued consideration of minor and major maintenance, repair, or improvements items at joint use
facilities. Similar to Option 2, this selection provides a more equitable alternative to achieving a
neutral financial impact on the CISD as it relates to City utilization of school facilities for joint use
activities.
Option 4 suggests applying the CISD fee schedule to joint use facility usage. This option would
create an insurmountable financial burden on the City that would likely result in the elimination of
some, if not all, joint use programs. Those programs that may be able to continue would incur a
significant and identifiable surcharge fee that would be applied to all registrants. As demonstrated by
the financial data contained within this report, the implementation of this option also represents
substantial revenue to be gained by the CISD. In conclusion, Option 4 is not recommended due to the
potential effects it would have on future joint use programs, its failure to meet community
expectations for recreational and educational activities, and the overall disincentive it may create to
present and future City and CISD joint use opportunities.
Option 5 proposes the City cease offering recreational programs and events and the CISD assume the
responsibility for providing these activities to include all associated revenues and expenditures. This
option is not recommended for a number of reasons including the City's familiarity with providing
recreational programming, the significant disruption in services that would likely result from the
transition, and the direct financial impact on the CISD relating to providing such programs.
Furthermore, this option may lend itself to the limitations of future City and CISD cooperative joint
use opportunities.
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Although not previously listed, Option 6 consists of any additional options containing elements not
considered or derivatives of the options presented that may result from Joint Use Committee
discussions.
The staff recognized that the City has contributed substantial funding toward CISD facility
construction and infrastructure improvements and that CISD has contributed substantial funding
towards CISD facilities such as the Natatorium that are joint use projects. As such, the JUC may
wish to consider factoring in these expenditures in some manner. Determining life expectancy and
pro-rata costs of joint use capital improvements and infrastructure improvements or granting the City
use and operation of the CIS facility are just two concepts that may warrant discussion. Other
methods or approaches may be discussed and considered by the Committee.
Depending upon the option selected, amendments to one or more of the existing interlocal agreements
may be required.
City and CISD staff members are grateful for having had the opportunity to explore the joint use
system and provide general recommendations which may lead. to the enhancement of the current
process. Staff is ready and available to address any questions or comments regarding this report and
is prepared to move forward with the process of developing an implementation plan based on the
direction provided by City Council and the CISD Board of Trustees.
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EXHIBIT A — Joint Use Facilities
DISTRICT PROPERTY
Carroll Elementary Location
1 Backstop practice area South of Building
2 Soccer practice fields (south of building) South of Building
Open Field South of practice field
Gym
Outside Basketball Courts
Durham Elementary/Intermediate
Location
Gym Office/Storage
Gym/Recreation Center
Exercise Room
Cafetorium
1 Soccer Game Field
North of Building
2 Soccer practice fields
East of Building
1 Backstop practice areas
East of Building
Outside Basketball Court
South & North End
Johnson Elementary Location
Backstop practice areas East -behind playground
2 Soccer practice fields (east of building) East -behind playground
Gym
Open Area North of Building
Old Union Elementary(Available Fall of 2002) Location
Open play area (soccer fields) West -across channel
Backstop practice area South of visitors parking
Rockenbaugh Elementary Location
2 Soccer practice fields East of Building
2 Backstop practice areas East of Building
Gym
Carroll Intermediate Location
Six (6) outdoor basketball goals
Football field
Gym
Practice ball field (lighted) West of football field
Carroll Middle School Location
Gym 1
Gym 2
Activity Room
Gym Office/Storage
2 practice fields South & West of Old Dragon Stadium
2 football fields South & West of Old Dragon Stadium
Eubanks Intermediate and Dawson Middle School Location
Gymnasium Eubanks Intermediate
Multi -purpose fields Southwest corner of property
CITY PROPERTY
Bicentennial Park
Community Center
The Lodge
7 Ballfields (lighted) F#1 for High School Girls Softball
2 concession stands
2 public tennis courts
Tennis Center (13 tennis courts)
3 outdoor basketball courts
Adventure Alley playground
Pavilions
In -line hockey facility (lighted)
2 backstop practice areas
Open field (near 1709 entrance)
Koalaty Park (Adjacent to Carroll Elementary)
4 Backstops
Lonesome Dove Park (Near Carroll Middle School)
Pavilion
Playground
Open field
Bob Jones Park
13 soccer fields
6 practice soccer goals
Open field (adjacent to practice goals)
St. Martins in the Field
2 practice soccer fields
Exhibit B
INTERLOCAL AGREEMENT FOR PARK,
PLAYGROUND AND OTHER RECREATION FACILITIES
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is made by and between the City of Southlake, a home rule municipality,
acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City," and the
Carroll Independent School District, a special purpose unit of government organized and acting under
the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees,
hereinafter referred to as the 'District."
WITNESSETH:
WHEREAS, the District presently maintains and operates several school campuses, athletic -
facilities, and playgrounds in the City and plans for more school sites, athletic facilities, and
playgrounds in the City in the future; and
WHEREAS, the City presently maintains and operates several parks, athletic facilities, and
playgrounds and plans for more parks, athletic facilities, and playgrounds in the future; and
WHEREAS, both the City and the District have determined the need for providing certain
recreational facilities for schools, as well as for the general public; and
WHEREAS, both the City and the District have recognized that the joint use of school
recreational facilities and City recreational facilities can benefit both entities, recognizing that school
properties and facilities are intended primarily for school purposes and that the educational needs of
children are the highest priority; and
WHEREAS, the District, through its Board of Trustees, desires to continue to cooperate
with the City, through its City Council, in the joint construction, funding, operation, maintenance
and/or use of certain recreational joint -use facilities for the enjoyment and benefit of all citizens.
NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the
mutual benefits flowing to both the City and the District and other good and valuable consideration
recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the District
do hereby contract, covenant, warrant and agree as follows:
M:\conlracisUUClnterloca12001Final.doe January 31, 2002
1
I. SCHEDULING
(A) The District Superintendent or his or her designee and the City Manager or his or her
designee shall be responsible for implementing and administering the scheduling policies of this
Agreement.
(B) The City shall be entitled to use the District recreational properties listed on Exhibit "A"
attached hereto (hereinafter referred to as the ".District Property"). The District shall be entitled to
use the City recreational properties listed on Exhibit "A" attached hereto (hereinafter referred to as
the "City Property"). Exhibit "A" shall be reviewed and updated annually, and approved by the
District Superintendent and the City Manager.
(C) The City shall be entitled to priority use of the District Property upon approval by the
District of a schedule of City activities and. programs. A schedule of City activities and programs
utilizing District Property shall be submitted three times per year in accordance with the following
schedule:
Summer (June - August): submit by January 31; approved by Feb. 15
Winter (September - December) submit by April 30; approved by May 15
Spring (January - May) submit by September 30; approved by October 15
The District shall approve the schedule as submitted, or with any modifications deemed necessary by
the District. The City may use the District Property for its authorized activities and programs; and if
available, for activities and programs not on the approved schedule.
(D) The District shall be entitled to priority use of the City Property upon approval by the City
of a schedule of District activities and programs. A schedule of District activities and programs
utilizing City Property shall be submitted three times per year in accordance with the following
schedule:
Summer (June - August): submit by January 3 l; approved by Feb. 15
Winter (September — December) subnut by April 30; approved by May 15
Spring (January - May) submit by September 30; approved by October 15
The City shall approve the schedule as submitted, or with any modifications deemed necessary by the
City. The District may use the City Property for its authorized activities and programs, and if
available, for activities and programs not on the approved schedule.
II. SCHEDULE CHANGES
The District Superintendent and his or her designee and the City Manager and his or her
designee are authorized to make changes to the approved schedule of activities as they may agree
upon throughout the term of this Agreement.
Wcontractskl nterloca12001Final.doc
III. PUBLIC RESERVATIONS
January 31, 2002
2
Reservations of the joint -use facilities may be made by the general public on a first -come, first -
serve basis, subject to the prior scheduling by the District and City. All reservations for joint -use
facilities as outlined in Exhibit "A" will be coordinated through the owner of the facility, be it the
District or City.
W. MINOR MAINTENANCE
Generally, the District shall be responsible for maintaining the District Property; and the City
shall be responsible for maintaining the City Property. Maintenance will include, but is not limited to,
janitorial services; utilities; minor (less than $5,000) maintenance, repair, or replacement; and general
upkeep and grounds care. The user of the facility shall have the option to perform the minor repairs
under their applicable procedure, and shall notify the owner of any repair work performed.
Minor maintenance (under $5,000) of joint -use facilities .should be performed using the
applicable work order procedure of the City or District. General oversight of maintenance costs of
such joint -use facilities will be the responsibility of a Joint -Use Management Committee consisting of
the City Manager and/or his designee, and the District Superintendent and/or his designee, who shall
meet on a quarterly basis. Specific minor maintenance costs for which cost -sharing will be addressed
by the Committee are listed in an exhibit attached hereto as Exhibit `B". For planning purposes, the
District shall submit a Summer schedule for maintenance items to the City no later than December 31'
of each year.
V. MAJOR MAINTENANCE
Major maintenance, repair, replacement, or improvements of joint -use facilities, which cost
over $5,000 per occurrence, and only if approved by the District and the City, will be the joint
responsibility of the District and the City. If either party declines, then the other party has the right to
perform the maintenance, repair, replacement, or improvement, and assume the full financial
responsibility thereof.
The District and City budgeting process should allocate for major planned maintenance needs.
General oversight of maintenance costs of such joint -use facilities will be the responsibility of a Joint -
Use Management Committee consisting of the City Manager and/or his designee, and the Distri
mict
Superintendent and/or his designee, who shall meet on a quarterly basis. Specific major maintenance
costs for which cost -sharing will be addressed by the Committee are listed in an exhibit attached
hereto as Exhibit " B".
VI. USER RESPONSEBILITIES
The user of a joint -use facility shall furnish and supply all materials and supplies necessary for
carrying out its program and shall be subject to the reasonable rules and regulations set by the
respective governing body, or other designated entity, of the City and/or District. At the completion
of each use, the party responsible for supervision of an activity at a joint -use facility is responsible for
performing minor janitorial, grounds -keeping, and security duties as specified in an exhibit attached
hereto as Exhibit "C".
VII. INDEMNIFICATION
MAcontractsUUCrnterlocal2001 Final.doc
January 31, 2002
3
With respect to the District Property, the City does hereby agree, insofar as permitted bylaw,
to hold harmless the District from any claims, damages, injuries, lawsuits, or causes of action arising
out of or in any way connected with the use of the District Property for a City activity during the time
the City is conducting the activity on the District Property.
With respect to the City Property, the District does hereby agree, insofar as permitted by law,
to hold harmless the City from any claims, damages, injuries, lawsuits, or causes of action arising out
of or in any way connected with the use of the City Property for a District activity during the time the
District is conducting the activity on the City Property.
Each liability insurance policy carried by the District and by the City, shall name the other
party as an additional insured with respect to joint use facilities, to the extent as permitted by law.
VIE. TERM
The term of this Agreement shall be for a period of twenty (20) years beginning from the date
of execution of this Agreement. This Agreement shall be automatically extended for additional five
(5) year periods, unless terminated in writing by either party at least sixty (60) days prior to the end of
the original term or any extension thereof.
If either party wishes to discontinue this Agreement at any time other than that specified in the
previous paragraph, written notice with reason to, terminate, must be given at least six (6) months
prior to termination.
If the term of any addenda attached hereto remains in full force and effect past the termination
date of this agreement, then this agreement shall also remain in full force and effect until expiration or
termination of the addenda.
This Agreement and exhibits shall be reviewed by both parties on an as needed basis.
IX. ENCUMBRANCES
Neither party to this Agreement shall, without first obtaining written consent of the other
party, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet the
District Property or City Property or any part thereof.
X. CLAIMS
Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or
immunities provided to the parties under the Texas Tort Claims Act, Sections 101.001 et seq., of the
Texas Civil Practice and Remedies Code.
XI. ADDENDA
The parties agree to continue to search for new areas of cooperation and to that end shall
meet together regularly, along with interested community groups and appropriate City and District
administrative officials. The parties may enter into separate "joint utilization agreements" for the
construction of joint -use facilities where such activities are deemed to be in the best interests of the
parties. Each joint utilization agreement shall set forth the specific terms and conditions under which
M:\contractsUUClnterlocal2001Final.doc January 31, 2002
4
such activities are to be conducted.
Separate "joint utilization agreements" for operation, maintenance, and/or use of joint -use
facilities may be entered into as addenda to this agreement, when such activities are deemed to be in
the interests of the parties. These addenda shall identify exceptions or additional requirements to this
agreement as may be deemed necessary and proper.
XH. ADDITIONAL AGREEMENTS
This Agreement contains all of the agreements made by and between the parties hereto
regarding the use of District Property and City Property and no additional agreements or
understandings shall be applicable to the use of District Property or City Property unless first agreed
to, in writing, by the parties.
XIII. VENUE
This Agreement and all of its terms and provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is
filed by either party arising out of the terms and provisions of this Agreement, venue for the
lawsuit shall be in Tarrant County, Texas.
XIV. AUTHORIZATION
The undersigned officers of the parties are the properly authorized officials and have the
necessary authority to execute this Agreement on behalf of the parties. Each party hereto certifies
to the other that any necessary resolutions or orders extending said authority have been duly
passed and are now in full force and effect.
Executed this _ day of YW- - , 2002 in Tarrant County, Texas.
CITY OF SOUTHLAKE (CITY)
By:
Rick 8tacy, Mayor
Date: •�- S ����
``,llll 11 f,fll//
c�0 U TH/ -''•,
ATTEST: ? o• -A
rn
U• :3;
CIO Secretary ���Gy , ''i''• �C ,1
a' AIL 11111 t
WcontractsUUCInterloca12001 Final.doc
CARROLL INDEPENDENT SCHOOL
DISTRICT (CISD)
By:
Robert Glover, President
Board of Trustees
Date: 1--17-6Z—
ATTEST:
J arol Parsons, Secretary
Board of Trustees
January 31, 2002
ExhibitA - Joint Use Facilities
DISTRICT PROPERTY
Carroll Elementary Location
I Backstop practice area South of Building
2 Soccer practice fields (south of building) South of Building
Open Field South of practice field
Gym
Outside Basketball Courts
Durham Elementary/Intermediate
Location
Gym Office/Storage
Gym/Recreation Center
Exercise Room
Cafetorium
I Soccer Game Field
North of Building
2 Soccer practice fields
East of Building
I Backstop practice areas
East of Building
Outside Basketball Court
South & North End
Johnson Elementary Location
Backstop practice areas East -behind playground
2 Soccer practice fields (east of building) East -behind playground
Gym
Open Area North of Building.
Old Union Elementag(Available Fall of 2002) Location
Open play area (soccer fields) West -across channel
Backstop practice area South of visitors parking
Rockenbaugh Elementary Location
2 Soccer practice fields East of Building
2 Backstop practice areas East of Building
Gym
Carroll Intermediate Location
Six (6) outdoor basketball goals
Football field
Gym
Practice ball field (lighted) West of football field
Carroll Middle School Location
Gym 1
MAcontractsUMnterlocal200IFinal. doc Ianuary 31, 2002
6
Exhibit (Continued) - Joint Use Facilities
Gym 2
Activity Room
Gym Office/Storage
2 practice fields South & West of Dragon Stadium
2 football fields South & West of Dragon Stadium
Eubanks Intermediate and Dawson Middle School Location
Gymnasium . Eubanks Intermediate
Multi purpose fields (Available Fall of 2002) Southwest corner of property
CITY PROPERTY.
Bicentennial Park
Community Center
The Lodge
7 Ballfie Ids (lighted) F#1 for High School Girls Softball
2 concession stands
2 public tennis courts
Tennis Center (13 tennis courts)
3 outdoor basketball courts
Adventure Alley playground
Pavilions
In -line hockey facility (lighted)
2 backstop practice areas
Open field (near 1709 entrance)
Koala Park (Adjacent to Carroll Elementary)
4 Backstops
Lonesome Dove Park (Near Carroll Middle School)
Pavilion
Playground
Open field
Bob Jones Park
13 soccer fields
6 practice soccer goals
Open field (adjacent to practice goals)
St. Martins in the Field
2 practice soccer fields
WcontractsVUCInterloca12001Final.doc January 31, 2002
7 ;_
Exliibit B —Annual Maintenance Cost -Sharing
Minor (Under $5, 000)
• Preparation of gym floors and re -application of gym floor finishes, twice yearly Carpet
cleaning Repainting
• Repairing or replacing damaged backboards, goals, and other shared sports equipment
• Soil additions for joint -use fields
• Seeding and other turf improvements necessaryfor-all-season use
• Other minor damage to property or equipment directly caused by a joint -use activity
• Minor improvements to property or equipment, in an existing joint -use facility, which
benefits both the District and the City
Major (Over $5, 000)
• Resurfacing and restriping gym floors
• Carpet replacement
• Irrigation installations and maintenance
• Outdoor lighting installations and maintenance
• Other major damage to property or equipment directly caused by a joint -use activity
• Major improvements to property or equipment, in an existing joint -use facility, which
benefit both the District and the City
M:lcontractsUUClnterlocal2001Final. doc January 31, 2002
8
Exhibit C — Event Supervisor's Facility Duties
The supervisor of a joint -use event is required to complete an Event Report Form, which
includes a checklist of tasks to be completed immediately following each joint -use event. The
Event Report Form is to be left with the facility owner in a designated location following each
joint -use event. The checklist of tasks should consist. of the following details.
Janitorial
• Sweep floors and mop -up spills
• Check entire area, including restrooms, for litter
• Flush all toilets and urinals, and make sure each one shuts off
• Check all lavatories and water faucets to make sure water is shut off
• Empty all trash into dumpsters
• Turn off lights, if there are no other events scheduled immediately
• Report any damages of faulty equipment on the Event Report Form
Grounds -keeping
• Pick up all litter
• Empty all trash into dumpsters
Security
• Check all perimeter doors, and secure them
• Report any unsecured areas or damaged locks to the facility owner or designee
Some maintenance items must be addressed immediately in order to safeguard against flooding,
fire, safety, or security incidents. Report such items to the facility owner or designee
immediately. Emergency phone numbers are to be provided by the City and the District for each
event supervisor.
M:\contractsVUClnLerlocal200lFinal.doc January 31, 2002
9
Exhibit C—Event Supervisor's Facility Duties
Event Report Form
Event Supervisors must complete all tasks listed below. When completed, return this form to
the designated location for this facility.
CHECKLIST
Sweep floors and mop -up spills.
Check entire area, including restrooms, for litter. Discard all liter into proper
containers.
Check all perimeter doors and gates and secure them properly.
Flush all toilets and urinals, and make that each of them shuts off.
Check all lavatories and water faucets to make sure that water is shut off.
Empty all trash into dumpsters.
Turn off lights (if your group is the last one using the facility).
REPORT
Please list any damage to the facility or equipment:
Please list any other needs pertinent to the maintenance of this facility:
Lost and Found Items/Other:
Name of Event
Supervisor's Signature
Date
MAcontracts\JUClnlerlocal2001Final. doc January 31, 2002
10
Exhibit One: Koalaty Park
and Carroll Elementary
Catrol-I Elementary School
Four (4) backstop Playground
practice areas
One (1) backstop
practice area
Open Space \`
practice area
Two (2) practice
A,
soccer fields
Two (2) Outdoor
unlighted basketball
cou its
Open Space
practice area
Carroll Elementary and
Koalaty Park
S
No Scale
Private
camrnunitv
G— Soa-
N.,ghbachGod
Future
C;.90 'aint use propp.-N
C 30.;Mpefty
Un .... 10"d C150 P•- P.Mr
Ka' ISD P=-:N
US Corps of Erjra.s
Grape-Ans Rqserioir
Parcel
arreishp
City of Southla-k-z
Geographic Information Systems
cap -.azr'
Durham
Elementary/Intermediate
• Schools
E
S
No Scale
0
0 POL.shq
jul.shp
Private
CammuntN
Caen 3oa•s
Future Purchases
M
R"PaIN
SX r.-P
Unp� "ISO Propt,
K.II.r ISO Joint j-
Koll., ISO Pcp.t.,
US i;�,ps z-f E!, jneera
Grat vine Rwserloll
Parcals.shp
City of SourthlakR
Geographic Information Systems
r
Exhibit Three: Johnson
Elementary and Carroll k Four (4) Outdoor
basketball goals Open Space
intermediate Schools
practice area
(1) backstop
Jack D. Johnson Elementary Lam, practice area
One (1) outdoor
basketball court i,. Two (2) soccer
(unlighted) /.l practice fields
Playgrounds
• � j I _
arroTf Ghristian Fellowship
Carroll Intermediate School" E One 1 In -Line
j hockey rink
I. j (unlighted)
- One (1.) backstop II ,
ractice area ' f
17
— Football Held
Johnson Elementary and
Carroll Intermediate School
:V
No Scale
❑f'sF7
Prj/ale
CannunR/
l:caa zpm•_a
' �leig�YX.^.cod
CISG .'ainf L..sv Pr^ce^y
Kellar ISO !anF Ur:a P' Pe ,!
Kaller !So Prcca".}
US Corps of c':ainars
Gropsvira °.aea' :,
Parcals.shp
cl?•/ of Sou!hla4
Gecgrapnic Infor mkior n, - - ' J.
.oi�rucrvCart+al in:ar-zCleFe
aC0
XANOZZolE
Elementary
p�rp
R-Ockenbaugh
P•ivata
-
C.n^tun:fv
�pAr :oaca
Na�.hbor'oua
-
CIAO Joint I_sa Pr.-:em
'
_'II CISO pmp"
uacaloo- CISC P,:;.,t:
K.Ilar IED;ant U-9 P'apsltY
Kellar ISD P•c,-;
Us Cucps c{ c,,,;i-a-
+raper^a F.asar�a!
1` E
l
No Scale
Fta3.enoaugh
Cit•;; Of Scuthlake
Geographic Information Svstems
# Carroll Middle School
N
+� E
S
No Scale
f�l
Poi.srp
, uf.shp
Pnvate
Community
Open Space
Neighborhood
Future P_irchases
CISO Join"
Use Property
I—� CISO Property
Undeveloped.CISO Properly
Keller ISO Joint Use Pr^.erhr
Keller ISO Property
US Corps or Engineers
Grapevine Raser,oir
r'a^: Is.shp
City of Eouthlaka
Geographic Information. Systems
0
/.Irv«-IV�
��
i \ `• ,
V.-O
FT1
- C"
ct
7i
I
`-j
icy
-
-r
i� 00000000
,rO
71
I
1 Exhibit Six: Go
Bicentennial Park �
.;
Four (4) lighted game fields
i.nree l,j) ilgntea
Pavilion and Concession Stand`. game fields
l
Adventure Alley !Pavilions (3) unlighted
Playground r
Ttiv (2) backstop i ���?�Tlhhree
game fields
practice areas
hirteen (13) lighted
Tennis Courts
pity Center Two (2) Public Area
Tennis Courts
T
l
oncession Stand
Bicentennial Park
N
S
No Scale
J'Ashp
Private
t77 Community
Gpen Spacs
Neighborhood
Fiiurs Purchasa.s
CISD :airt Use Property
1 CISD Proparty
Undeveloped CISD Proparr;
Kaller ISD Joint Uae Propsrt+I.
Kellar ISO PrcperN
US Corps of Engineers
Grnpevine Raserveir
Parcels.shp
Ci`v of Southlake
Ge-Dyraphic Information SystenS .'
or nt nniai Park
Exhibit Seven:
Lonesome Dove Park
T
Pavilion
y'
p Bob Jones Park
5w -on A&D
'v1 �
S
No Scale
Juf.shp
Private
Community
Cpen Space
Neighborhood
Future Purchases
CISO Joint Use Property
�CISD Properti
Undeveloped CISD Prcpc:fii
KPIIef ISO Joint Use Properr. �.
Keller ISO PrcpEry
US Corps of Engineers
Grapeaine Rss.=rvoir
Percels.shp
I
City Hof Southlak& �.
Geographic information Systems
t
$ !.tar, ns lr,-6he-FlelCs
St. Martin's in -the -Field
0 pdshp
Slmaruns.shp '
jutshp
PrNate
Canmunmr,
f±�er. .ipace
Neighbarhcod
F:Jure Purc.asas
CISD .:aim I.S. Pro;mt.,
CISD Prapery
Undevalopec CISE) P-3pw, I;
Keller ISD Juint Usa Praparfr
US Corps of E-gir.
Grapwir Res-;aIr
PNrc m.sh6
Citv of 3 1,lthlake
Geographic Information System::=!
Addenda
Interlocal Agreement
for Joint Use of Carroll Independent School District
Carroll Intermediate School Playing Field
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is made by and between the City of Southlake, a home rule municipality,
acting herein by and through its duly authorized City Council, referred to as the "City," and the
Carroll Independent School District, a special purpose unit of government organized and acting under
the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees,
hereinafter referred to as the "CISD", for documenting the joint use by the City of the CISD playing
field located on the Carroll Intermediate School (CIS) campus at 1101 Carroll Avenue.
WITNESSETH:
WHEREAS, both the City and the CISD have determined the need for providing practice and
game fields for youth sports within the community; and
WHEREAS, Chapter 791, Government Code, and Section 271.102, Local Government Code
authorize school districts and cities in the State of Texas to contract with one another for the
providing of various governmental functions and services, and
WHEREAS, Carroll Intermediate School currently has in place a previously lighted playing
field; and
WHEREAS, the City, through the Southlake Parks Development Corporation, has
committed to allocating up to $150,000 towards the construction of sports lighting on the Carroll
Intermediate School playing field; and
WHEREAS, both the City and CISD could benefit from the joint use of a lighted playing
field; and
WHEREAS, the CISD, through its Board of Trustees, and the City, through its City Council,
desire to cooperate with one another in the joint use of facilities for the enjoyment and benefit of all
Southlake and CISD citizens.
NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the
mutual benefits flowing to both the City and the CISD and other good and valuable consideration
recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the CISD do
WcontractsUUClnterloca12001Final.doc lanuary 31, 2002
11
hereby contract, covenant, warrant and agree as follows:
I. ADMINISTRATION
The CISD Superintendent or his or her designee and the City Manager or his or her
designee shall be responsible for implementingand administering the policies and procedures as
set forth in this Agreement.
II. FUNDING
The City shall allocate a total amount not to exceed $150,000 towards the construction of
sports field lighting at the Carroll Intermediate School playing field. Funding in the amount of
$150,000 is available through the City's Southlake Parks Development Corporation fiscal year
2001/02 capital improvements budget. The City agrees to oversee the construction of such sports
lighting in cooperation and coordination with the CISD.
A field maintenance fee will be established by the City, in accordance with field maintenance
fees already in place, and assigned to the group utilizing the facility. The field maintenance fee assists
in covering a portion of the cost of lighting and maintaining the facility. The City will retain fifty
percent of the fees collected and provide to the CISD the remaining fifty percent.
III. OPERATIONS AND MAINTENANCE
The City shall remain the owner of any and all sports lighting and associated -equipment
purchased and installed by the City. The City agrees to maintain the sports lighting and associated
equipment for as long as it is in place and up to and including its eventual removal. The City agrees
to pay for the electrical costs associated with the use of the sports lighting and a separate meter
assigned to the City shall be established.
The City shall also be responsible for any marking or lining of the field as may be required by
the user group.
The CISD agrees to establish turf with appropriate irrigation on the playing field and shall
maintain the grounds through proper mowing, aeration, and fertilization. The CISD shall be
responsible for all maintenance and operating costs associated with the aforementioned functions.
IV. FACILITY USAGE
The City shall have use of the playing field Monday through Friday from 4:30 p.m. until
10:00 p.m., on Saturdays from 8:00 a.m. until 10:00 p.m., and Sundays from 10:00 a.m. until 9:00
p.m. The City will have the ability to assign the use of the field during these times and shall submit
to the CISD a practice and/or game schedule for each year including the names of each assigned
associations and their respective contact information.
With the exception of pre -scheduled games,
the CISD reserves the right to use the field
M:\contraCLSVUClnterlocal2001Final.doc January 31, 2002
12
beyond 4:30 p.m., Monday through Friday or anytime on Saturday or Sunday, for special school
functions. The CISD agrees to make every effort to provide the appropriate prior notification to
the City so that scheduling conflicts can be avoided.
V. INDEMNIFICATION
With respect to the CISD Property, the City does hereby agree, insofar as permitted by law, to
hold harmless the CISD from any claims, damages, injuries, lawsuits, or causes of action arising out
of or in any way connected with the use of the CISD Property for a City activity during the time the
City is conducting the activity on the CISD Property. The liability insurance policy carried by the
CISD and by the City, shall name the other party as an additional insured with respect to joint use
facilities, to the extent as permitted by law.
VI. TERM
The term of this Agreement shall be for a period of no less.than five (5) years beginning from the date
of execution of this Agreement. This Agreement shall be automatically extended for additional five
(5) year periods. This Agreement may be terminated by either party at any time following the
completion of the initial five (5) year Agreement by providing ninety (90) days written notice to the
other party. The CISD agrees to work in good faith with the City to allow appropriate time for the
City to remove the sports lighting to include poles, fixtures, and associated electrical requirements
should the Agreement be terminated.
If the term of any addenda attached hereto remains in full force and effect past the termination
date of this agreement, then this Agreement shall also remain in full force and effect until expiration or
termination of the addenda.
This Agreement and any exhibits shall be reviewed by both parties on an "as -needed" basis
and may be amended only if agreed upon by both parties.
VII. ENCUMBRANCES
Neither party to this Agreement shall, without first obtaining written consent of the other
party, transfer, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet
the CISD Property or any .part thereof.
VIII. NOTICES
Any notice given pursuant to this Agreement shall be given in writing and delivered or mailed
by Certified or Registered United States Mail, postage prepaid, addressed as follows:
If to City: City of Southlake
Attn: City Manager
1400 Main Street, Suite 460
Southlake, Texas 76092
MAcontractslTUCInterlocal2001Final. doc January 31, 2002
13
If to District: Carroll Independent School District
Attn: Superintendent
1201 North Carroll Avenue
Southdake, Texas 76092
The designation of the person to whom, and the place to which notices are to be mailed or
delivered may be changed from time to time by either party giving notice to the other party
IX. MISCELLANEOUS PROVISIONS
By execution of this Agreement, each party represents to the other that:
a. In performing its duties and obligations hereunder, it will be carrying out one or more
governmental functions or services which it is authorized to perform;
b. The undersigned officer or agent of the party has been properly authorized by that
party's governing body to execute this Agreement and that any necessary resolutions
extending such authority have been duly passed and are now in effect;
C. All payments required or permitted to be made by a party will be made from current
revenues available to the paying party; and
d. All payments provided to be made hereunder by one party to the other shall be such
amounts as to fairly compensate the other party for the services or functions
performed hereunder.
X. SEVERABILITY
The provisions of this Agreement are severable and if for any reason a clause, sentence,
paragraph, or other part of this Agreement should be determined to be invalid by a Court or a Federal
or State Agency, Board, or Commission having jurisdiction over the subject mater thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
XI. NON-DISCRIMINATION
The District and the City, in the execution, performance, or attempted performance of this
Agreement, will not discriminate against any persons because of their age, sex, race, religion, color,
or national origin, nor will the District or the City permit its agents, employees, subcontractors, or
participants to engage in such discrimination.
XII. NON -WAIVER
The failure of the City or the District to insist upon the performance of any term or provision
of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or
MAcontracts\IUCInter1oca12001Final.doc January 31, 2002
14
relinquishment to any extent of the City's or the District's right to assert or, rely upon such term or
right on any future occasion.
The parties agree that this Agreement may be executed in multiple counterparts, each having
the same force and effect.
CITY OF SOUTHLAKE (CITY)
By:
Rick tact', Mayor
Date: 3 "-go0 a
p
ATTEST: Z ' �;-A�=
Ci SecretaryCa )'
CARROLL INDEPENDENT SCHOOL
DISTRICT (CISD)
By:
Robert Glover, President
Board of Trustees
Date: (- /-7 - c L
ATTEST:
J C rol Parsons, Secretary
Board of Trustees
M:\contractsVUClnterloca12001Final.doc January 31, 2002
15
EXHIBIT C
INTERLOCAL AGREEMENT FOR JOINT USE WFICIAL _RIECO
CARROLL INDEPENDENT SCHOOL DISTRICT NATATORIUM D
STATE OF TEXAS
COUNTY OF TARRANT §
This Agreement is made by and between the City of Southlake, a home rule municipality,
acting herein by and through its duly authorized City Council, referred to as the "City," and the
Carroll Independent School District, a special purpose unit -'of government organized and acting
under the laws of the State of Texas, acting herein by and through its duly authorized Board of
Trustees, hereinafter referred to as the "CISD", for documenting .the joint -use of the District
natatorium located on the District campus on Southlake Boulevard.
WITNESSETH:
WHEREAS, both the City and the CISD have determined the need for providing aquatic
opportunities for the students and residents of the community; and
WHEREAS, Chapter 791, Government Code, and Section 271.102, Local Government Code
authorize school districts and cities in the State of Texas to contract with one another for the
providing of various governmental functions and services; and
WHEREAS, voters of the CISD approved a $5.5 million bond sale to build a natatorium for
providing aquatic opportunities for the students of the CISD; and
WHEREAS, the CISD will construct, maintain, and operate a natatorium facility; and
WHEREAS, the City, through the Southlake Parks Development Corporation, has
committed to allocating up to $1,250,000 towards the construction of the natatorium facility; and
WHEREAS, both the City and the CISD acknowledge that joint use of the natatorium
facility can benefit both entities, recognizing that school purposes and the educational and athletic
needs of children are the highest priority; and
WHEREAS, the CISD, through its Board of Trustees, desires to cooperate with the City,
through its City Council, in the joint use of the natatorium facility for the enjoyment and benefit of
all Southlake and CISD citizens.
NOW, THEREFORE, for and in consideration of the mutual premises herein contained,
the mutual benefits flowing to both the City and the CISD and other good and valuable consideration
recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the CISD
do hereby contract, covenant, warrant and agree as follows:
April 11, 2001 - Page I
I. ADMINISTRATION
The CISD Superintendent or his or her designee and the City Manager or his or her designee
shall be responsible for implementing and administering the policies and procedures as set forth in
this Agreement.
II. FUNDING
The City shall allocate a total amount not to exceed $1,250,000 towards the construction of
the natatorium facility. Funding in the amount of $500,000 shall be payable during the City's fiscal
year 2000/01, $500,000 payable during the City's fiscal year 2001/02, and $250,000 payable during
the City's fiscal year 2002/03.
The CISD and City agree to make a good faith effort to seek grant funding, sponsorships, and
donations for the natatorium. All such funding shall be used solely for the purpose of maintenance,
operations, or future improvements to the natatorium, unless otherwise mutually agreed.
All revenue generated from the use of the natatorium facility, whether received through
community programs, open swim, facility reservations, or any other similar functions, shall belong
to the CISD and used to offset the maintenance and operational costs of the facility.
III. OPERATIONS
The CISD shall be responsible for the daily operations of the natatorium facility. The CISD
shall hire a Natatorium Facility Director who will be responsible for the daily operations,
maintenance, marketing, and programming of the facility. The facility shall develop and implement
policies and procedures.to insure that the facility is operated and maintained in compliance with all
Federal, State, and Local regulations and in a safe manner.
The natatorium shall be open year round and operate a minimum of six days per week,
_Monday through Saturday, excluding CISD holidays where the facility may be closed. Estimated
hours of operations shall be a minimum of sixty-eight (68) hours per week, excluding CISD holidays
where the facility may be closed. -
The natatorium shall have a portable multi -purpose, handicap accessible ramp in place in the
natatorium facility and in good working condition at all times during regular operations with the
exception of swim and diving meets, special events, or other miscellaneous activities which may
require the temporary removal of the ramp.
IV. FACILITY USAGE
The City and the CISD agree that priority use of the natatorium facility shall be given to the
educational and athletic programs of the CISD. Southlake community based aquatics programming
such as open swim, learn -to --swim, water aerobics, or other public programs shall be given the next
highest priority, followed by the lease or rental of the facility to other groups, agencies, entities, or
April 11, 2001 - Page 2
the public, and specialized emergency training for City personnel. In regards to the aforementioned
priorities, the City and the CISD recognize the need to balance the CISD and Southlake community
use of the natatorium facility.
V. SCHEDULING
The City and CISD agree to create an Aquatics Commission, hereafter referred to as the
"Commission", in order to establish, subject to the provisions of Article X, the usage schedule of the
natatorium. The Commission shall meet at least two times per year and more frequently on an as
needed basis. Their responsibilities shall be to identify the educational and recreational
programming needs of the community, and the implementation of such programs.
The Commission will consist of three (3) voting representatives from the City to include the
Director of Community Services, the Recreation Supervisor, and an additional Recreation staff
member, and four (4) voting representatives from the CISD to include the Executive Director for
Athletics,. the Natatorium Facility Director, the Assistant Superintendent of Administrative Services,
and an additional CISD staff member. The City and the CISD shall identify an alternate for each
of its representatives, who shall be entitled to attend, participate in, and vote at meetings.on such
occasions as the Commission representative is unable to attend. As concerns Commission action,
each representative shall have one (1) vote. In all meetings of the Commission, a voting quorum
shall exist only if at least two (2) City representatives and three (3) CISD representatives are present.
A CISD representative shall chair the Commission.
The City and the CISD agree that a minimum of fifty percent of the annual operating hours
of the facility, as indicated in Article III, shall be dedicated to the use of the natatorium facility for
Southlake community based aquatics programming. The City shall work with the CISD to
coordinate the advertisement and sign-up of Southlake community based aquatic programs.
VI. MAINTENANCE AND OPERATING COSTS
The CISD shall be responsible for all maintenance and operating costs associated with the
natatorium including but not limited to personnel costs, utilities, general maintenance, and upkeep.
VII. INDEMNIFICATION
With respect to the CISD Property, the City does hereby agree, insofar as permitted by law,
to hold harmless the CISD from any claims, damages, injuries, lawsuits, or causes of action arising
out of or in any way connected with the use of the CISD Property for a City activity during the time
the City is conducting the activity on the CISD Property. The liability insurance policy carried by
the CISD and by the City, shall name the other party as an additional insured with respect to joint
use facilities, to the extent as permitted by law.
April 11, 2001 - Page 3
VIII. TERM
The term of this Agreement shall be for a period of fifteen (15) years beginning from the date of
execution of this Agreement. This Agreement shall be automatically extended for additional five
(5) year periods. This Agreement may only be terminated if mutually agreed upon by the governing
bodies of the City and the CISD.
If the term of any addenda attached hereto remains in full force and effect past the
termination date of this agreement, then this Agreement shall also remain in full force and effect.
until expiration or termination of the addenda. -
This Agreement and any exhibits shall be reviewed by both parties on an "as -needed" basis
and may be amended only if agreed upon by both parties.
IX. ENCUMBRANCES
Neither party to this Agreement shall, without first obtaining written consent of the other
party, transfer, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet
the CISD Property or any part thereof.
X. DISPUTES
Any dispute, controversy, or claim that arises under or relates to this Agreement, hereafter
referred to as "Dispute", shall be reduced to writing and be submitted for informal resolution,
identifying this Article X of the Agreement, to each parties representatives of the Commission. The
Commission shall use its best efforts to resolve such Dispute.
If the Commission is unable to resolve the Dispute to both parties' mutual satisfaction within
thirty (30) calendar days after it is submitted (or such later time as agreed in writing by both parties),
then the City Manager and the CISD Superintendent ("Senior Executives") shall use their best efforts
to resolve the Dispute. The Commission and/or Senior Executives shall meet as often and as
promptly as the parties reasonably deem necessary to discuss the Dispute and negotiate in good faith
in an effort to resolve the Dispute. The specific format for the discussions will be left to the
discretion of the Commission and .the Senior Executives, as the case may be, and may include the
preparation of agreed -upon statements of fact or written statements of position.
If the Senior Executives are unable to resolve the Dispute to both parties' mutual satisfaction
within sixty (60) calendar days from the initial written submittal of a Dispute in accordance with this
Article X, then the duly elected Mayor for the City of Southlake ("Mayor") and the duly elected
President of the Carroll Independent School District Board of Trustees ("Board President"), shall
use their best efforts to resolve the Dispute. The Mayor the Board President shall meet as often, and
as promptly as the parties reasonably deem necessary to discuss the Dispute and negotiate in good
faith in an effort to resolve the Dispute without the need for a formal proceeding. The specific
format for the discussions will be left to the discretion of the Mayor and the Board President, and
may include the preparation of agreed -upon statements of fact or written statements of position.
April 11, 2001 - Page 4
If within ninety (90) calendar days from the initial written submittal of a dispute in
accordance with this Article X, the Dispute cannot be resolved.to both parties' mutual satisfaction
after good faith negotiations of the Mayor and Board President, or such later period as the parties
may mutually agree in writing, then either party may require resolution of the Dispute through the
use of non -binding arbitration.
XI. CLAIMS
Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or
immunities provided to the parties under the Texas Tort Claims Act, Sections 101.001 et seq., of the
Texas Civil Practice and Remedies Code.
XII. ADDITIONAL AGREEMENTS
This Agreement contains all of the agreements made by and between the parties hereto
regarding the joint use of the CISD natatorium and no additional agreements or understandings shall
be applicable to the use of CISD natatorium unless first agreed to, in writing, by the parties.
XIII. NOTICES
Any notice given pursuant to this Agreement shall be given in writing and delivered or
mailed by Certified or Registered United States Mail, postage prepaid, addressed as follows:
If to City: City of Southlake
Attn: City Manager
1400 Main Street, Suite 460
Southlake, Texas 76092
If to District: Carroll Independent School District
Attn: Superintendent
1201 North Carroll Avenue
Southlake, Texas 76092
The designation of the person to whom, and the place to which notices are to be mailed or delivered
may be changed from time to time by either party giving notice to the other party.
XIV. MISCELLANEOUS PROVISIONS
By execution of this Agreement, each party represents to the other that:
a. In performing its duties and obligations hereunder, it will be carrying out one or more
governmental functions or services which it is authorized to perform;
b. The undersigned officer or agent of the party has been properly authorized by that_.
April 11, 2001 - Page 5
party's governing body to execute this Agreement and that any necessary resolutions
extending such authority have been duly passed and are now in effect;
C. All payments required or permitted to be made by a party will be made from current
revenues available to the paying party; and
d. All payments provided to be made hereunder by one party to the other shall be such
amounts as to fairly compensate the other party for the services or functions
performed hereunder.
XV. VENUE
This Agreement and all of its terms and provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is filed
by either party arising out of the terms and provisions of this Agreement, venue for the lawsuit shall
be in Tarrant County, Texas.
XVI. SEVERABILITY
The provisions of this Agreement are severable and if for any reason a clause, sentence,
paragraph, or other part of this Agreement should be determined to be invalid by a Court or a Federal
or State Agency, Board, or Commission having jurisdiction over the subject mater thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
XVII. NON-DISCRIMINATION
The District, in the execution, performance, or attempted performance of this Agreement,
will not discriminate against any persons because of their age, sex, race, religion, color, or national
origin nor will the District permit its agents, employees, subcontractors, or participants to engage
in such discrimination.
XVIII. NON -WAIVER
The failure of the City or the District to insist upon the performance of any term or provision
of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's or the District's right to assert or rely upon such term or
right on any future occasion.
The parties agree that this agreement may be executed in multiple counterparts, each having
the same force and effect.
April 11, 2001 - Page 6
CITY OF SOUTHLAKE (CITY)
CARROLL INDEPENDENT SCHOOL
DISTRICT (CISD)
B y : By: /
Rick Stacy, Mayor Robert Glover, President
Board of Trustees
Date: �U/C� l Dater
ATTEST: ATTEST:
S ndra LeGrand, City Seci eW3SoUry''�, See r , Secretary
��, •'�� Board of Trustees
U:• 'm = l�0-1aro PoirsaM5
'm=
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April 11, 2001 - Page 7
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EXHIBIT E
EXHIBIT F - City of Southlake expenditures related to
CISD
Joint Use Commitments (park & rec)-since May 1993
Intermediate School Athletic Field
28,952
Intermediate School Multi -Purpose Court
28,485
Carroll Middle School Gym
800,000
Carroll Middle School Gym -Gates
5,500
Carroll Middle School Gym -parking lot
85,980
Durham Elementary Athletic Fields
7,400
CISD Natatorium
1,250,000
Carroll Intermediate School Lights
100,000
2,306,317
SRO & DARE Summary (City's portion)
SRO (November 1989 to September 2003) 590,013
DARE (November 1989 to June 2002) 454,493
1,044,506
Capital Projects
Kimball (Continental to Heritage) 1,420,635
Kimball @ FM 1709 to Crooked Ln. 2,545,001
CISD No. 5 361 707
4,327,343
Fees Waived (*)
Rockenbaugh Elementary, 301 Byron Nelson Pkwy. (1996-97)
New Construction -building permit fees only 22,945
2% Administrative 676
3% Inspection 1,014
Water Impact -Domestic 3,520
Water Impact -Irrigation
Sewer Impact
Roadway Impact
Park Fee
Carroll Senior High School (new), 1501 W. Southlake Blvd.
New Construction (1992)
Sewer Pro Rata Fee (1992)
Perimeter Road Fees (1992)
Peytonville Drainage Pipe (1992)
Reconstruction of additional lane-Peytonville (1992)
Addition
Bath for Girl's Field House
Girl's Locker Room
Black Box Theater
Dawson Middle/Eubanks Intermediate, 400/500 S. Kimball
(20
Johnson Elementary, 1301 N. Carroll
Addition (2000)
Portable Building
Miscellaneous Construction Permits
Carroll Middle School, 1100 E. Dove Rd.
New Gym
Field House
Addition
Locker Room/Band Hall Area
Carroll Elementary, 1705 W. Continental
Addition
3,520
3,520
2,509
7,679
46,485
10,300
17,000
31,600
10,000
14,095
283
4,217
1,409
100,000
6,126
2,500
7,119
4,812
11,071
4,283
309
Carroll Jr. High, 800 North White Chapel (1997)
Teen Court-city's share
4,973
92,414
10,307
15,461
8,000
8,000
6,400
11,298
25,316
8,348,738
Other Items:
Since October 1997 through the present, teen court program expenditures are
$414,467. CISD has contributed $52,858 from October 1997 through August 2002.
Teen Court was cut from CISD's budget in August 2002.
$20,000 is budgeted annually for Joint Use facility improvement in the SPDC
capital projects budget.
(*) Fees waived for CISD and Unbilled time expended for plans reviews and
inspections.
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