1989-09-11 CC Packet (w/Carroll ISD School Board)0. ,outhidwe
C fy Secretary'.
CITY OF SOUTHIAKE, 'TEXAS
JOINT CITY COUNCIL AND CARROLL SCHOOL BOARD WORK SESSION
September 11, 1989 8:00 P.M.
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
1. Call to order.
2. Discussion: Selective Services Officer.
3. Discussion: Joint use of land for parks and schools.
4. Discussion: General Elections- location of polling place.
5. Discussion: Update on city developments.
6. Presentation: Joint facilities.
7. Meeting Adjourned.
I hereby certify that the above agenda was posted on the official
bulletin board at city hall, 667 North Carroll Avenue, Southlake,
Texas, on Thursday, September 7, 1989 at 5:00 p.m. pursuant to the Open
Meetings Law, Article 6252-17-,-U..T.A. S.
A/6 ty 2- X Z�4-
Sandra L. LeGrand'L',�
City Secretary _%- • 4
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Mayor.
Gary Flckes
Mayor Pro Tem:
Betty Springer
Councilmembers:
Richard W. Wilhelm
Pamela A Muller
Sally Hall
W. Ralph Evans
City Manager.
Curtis E Hawk
City Secretary:
Sandra L LeGrand
Iq
City of Southlake
September 6, 1989
Enclosed is a brief overview of some of the programs
that we feel that would be beneficial from the
Selective Services Officer that was proposed to Mr.
Lowery. Since this proposal was submitted we have
checked with officers from area cities that are
involved in these programs working within the schools
and these officers have been able to enlighten us on
other programs that may be beneficial.
Bi /yy mpbe11
Chief of Police
667 North Carroll Avenue 9 Southlake, Texas 76092 • (817) 481-5581
June 16, 1989
Superintendent Lowery
Carroll I SD
Dear. Mr. Lowery:
The enclosed project is the design of the Special Services
Off i cer t hat we have t al kad about. I will be out of town
until Thursday and when I return, I will call and make an
appointment to further discuss this proposal. I have not
submitted this to City management in that I feel that we
should decide on our level the Like and dislikes of this
project before involving others in the decision making
process.. So, please take some time to view this proposal
and feel free to contact Captain Jackson in my absence and
to discuss this with; whomever-- you please.
Thank you,
Billy Campbell,
Chief of police
BC.' dmn
4Sent with Special Services offi.cen proposal on letterhead)
SPECIAL SERVICES OFFICER
This is an introduction to the Special Services Officer
Program that is being proposed by the Southlake Police
Department to benefit the school system and all persons
impacted by the school system. We feel that the
development of this program will have a positive
development on the future way of life- in the City of
Southlake. This is for review and certainly is not all of
the services that this officer can provide. These services
are include provide assistance for curricular development,
D. A. R. E. , McGr•uff, and related programs which are
designed to encompass all grade in the Carroll Independent
School District. Serve as guest speaker in class rooms
such as government, social studies and give talks and
lectures on ethics and problems that anise during the
course of the year such as; stealing, drugs, and alcohol
programs, lunchroom appearances, respond as liaison officer -
between the Department and the school system, and
distribute printed pamphlets with listed Departmental
services, along with pamphlets and literature ure on current
interests. The individual will utilize the summer months.
for the development of these programs so that when school
starts he will be able to immediately take part.
This is not can officer to patrol the school, or to interve_'nF'
as the authority on campus. Carroll Independent
Administration would retain full authority of this area
thereby allowing the officer to retain a positive image for_
communication and information. The Officer will be able to
take police action as requested by the school
administration or as emergency situations arise, but would
otherwise direct on duty officers to handle complaints anti
report taking. The officer will be in full uniform
equipped with portable radio for constant communication
with the Police Department. The officer will receive
training in all interventions such as suicide, drugs,
alcohol, etc. The officer will also interact with programs
of other schools in order to suggest quality programs to
the school district that will be of concern and interest: to
the schools and the students. The officer will be able to
present in-service training sessions for school officials
of the Carroll Independent School District: regarding Search
and Seizure laws, substance abuse, current information or,
Occult activities, Texas Family Code, and other topics that
will aid district personnel in creating a better atmosphere
within the school district. This officer will be able to
address in training or counseling type atmosphere, to
students and teachers, subjects to :include the D. A. R. E
program, drug awareness, theft and its consequence_, and
alcohol awareness. He will be abler to implement safety
talks of specific time periods such as around the Halloween
holiday, Christmas, the Fourth of July, and relate to those
topics that are of a concern that are specific to that time
of year. He will be able to function as a guest speaker in
classrooms to include new laws that are of interest to the
age level of which he is speaking, law enforcement as a
Profession, procedures of the Municipal and/or Criminal
Court, history of law enforcement, and interact with
student governments on projects that may be of an interest
such as fund raisers for charities, etc.
This officer will be able to coordinate school athletic
events with off duty officers and interact with other
members of the Department to assist in any or all of the
above programs to enlist expertise throughout the
Department.
BUDGET CONSIDERATIONS
There will be a uniform and equipment requirement,
overtime, travel, training, and holiday considerations.
The total of these considerations including overtime,
printing and supplies, uniforms? salaries benefits, and the
training of school and travel will be a total. of
$31, 1 S5. 00. Showing salaries and benefits: of ` 28, 815. GCS,
training schools and travel $800.00, uniform $565.96,
printing and supplies $300. 0, and 2% of the work year in
overtime at $685. 13. If the school elects to enter into
the cooperation we would ask that the school pay
$14,408.00 which would be half of the salary and
benefits. The City' s portion would be the rest of the
salary to include training, printing and other
considerations which would total $ 16, 777. 00.
L41
Vlly ul auumidKv, I tmdzi
M E M O R A N D U M
September 8, 1989
TO: Councilmember Sally Hall
FROM: Sandra L. LeGrand
SUBJECT: Playgrounds and Recreational Facilities
City, School District: Joint Agreements
Sometime ago, I gathered information for Mayor Pro Tem Betty
Springer in regards to Municipality and School District
sharing certain land for parks and park use activities. I
received responses from the City of Grapevine and from
Huntington Beach, California.
Attached for your review are copies of the interlocal
agreements and program criteria from each of the two cities
mentioned above.
I hope this material will be useful for the City Council and
School Board members during your meeting to be held on
September 11, 1989.
kyluxw
L sl
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JOINT DEVELOPMENT OF SCHOOL
PLAYGROUNDS AND MUNICIPAL PARKS
Presented by:
IM
City of Grapevine
Parks and Recreation Board
Parks and Recreation Department
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TABLE OF CONTENTS
Background ............................................ 1
Attitudes Toward Joint Development .................... 2
The Advantages of Joint Development ................... 5
The Legal Authority for Joint Development in Texas .... 8
Forms of Cooperative Agreement ........................ 8
Setting up an Agreement...............................11
Liability of Joint Development ........................13
Problems Frequently Encountered .......................16
Design Factors in Parks/Playgrounds ...................17
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9
Footnotes.............................................21
Sources of other information ..........................23
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JOINT DEVELOPMENT OF SCHOOL PLAYGROUNDS
AND MUNICIPAL PARKS
The concept of a Municipality and an Independent School
District jointly developing and utilizing the same facility
for both education and recreation originated in the nineteenth
century.l The development of a joint facility is accomplished
through the sharing of programs, planning, land, and financing.
Developmental plans are prepared without regard to boundary
lines and all costs of maintenance and operation are shared on
a formula basis.
The prevailing aims and objectives of physical education,
health education, athletics, and recreation are sufficiently
Orr common to justify and encourage greater alliance in the concept-
ion, planning, and development of a coordinated system of needed
facilities. These facilities could be shared by all agencies
responsible for their creation, operation, and maintenance. A
growing understanding of this concept has led to considerable
progress in the joint use of park and recreational facilities.
in many communities.2
The relationship between schools and municipal parks and
recreation departments requires careful planning and cooperation
because no logical balance of recreation needs is possible with-
out a clear understanding of the territory each organization
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should try to cover.3
The first step in achieving this cooperation is clarification
of the existing interrelationships between the two, recognition
that independence is not as real as it appears, and finally that
meaningful cooperation means the achievement of structual in-
terrelationships. The two must be brought together at the policy
making, administrative, and staff levels. The primary stimulus
toward a good working relationship must develop among the top
administrators, particularly the Superintendent of Schools, the
City Manager, and/or the Director of Parks and Recreation.
The school and the municipal parks and recreation department
have the responsibility to provide community services at a
reasonable cost. They are both closely related in purposes and
goals to be achieved. Therefore, they can consider themselves
partners in providing community services.
Attitudes Toward Joint Development
Dr. Ralph Atkinson completed a .study in 1973 on the attitudes
of selected authorities relative to municipal/school recreation
cooperation. Dr. Atkinson found -that public school and municipal
recreation authorities in Texas are failing to achieve agree-
ment on the use of school areas and facilities for school and
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and recreational use. Atkinson concluded that this failure
may be attributed to the lack
of
communication between
top
administration, particularly
the
School Superintendent
and
the City Manager who can develop mutual appreciation and
understanding at all levels throughout their organizations.
The specific attitudes of authorities were.4
1. School authorities and recreation authorities tend
to agree on the value of joint acquisition of school
areas and facilities for school and recreation use.
2. Recreation authorities feel that some progress is
being made toward the implementation of joint
acquisition of school areas and facilities for
school and recreational use.
3. School authorities feel that little progress is
being made toward the implementation of joint
acquisition of school areas and facilities for
school and recreational use.
4. School authorities and recreation authorities tend
to agree on the value of joint planning and develop-
ment of school areas and facilities for school and
recreational use.
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5. School authorities feel that little progress is being
made toward the implementation of joint planning and
development of school areas and facilities for school
and recreational use.
6. Recreation authorities feel that some progress is
being made toward the implementation of joint planning
and development of school areas and facilities for
school and recreational use.
7. School authorities tend to agree, while recreation
authorities tend to disagree on the value of joint
utilization of school areas and facilities for
school and recreational use.
8. School authorities feel that some progress is being
made toward the implementation of joint utilization
of school areas and facilities for school and recreational
use.
9. Recreation authorities feel that little progress is
being made toward the implementation of joint utili-
zation of school areas and facilities for school and
recreational use.
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The Advantages Of Joint Development
Among the many difficult tasks confronting Texas
Municipalities is the appropriation and distribution of tax
dollars. It is for this reason that public school and
municipal recreation authorities should become involved in
the joint development of playgrounds and parks to avoid dup-
lication of effort and to achieve multi -use of resources.5
The growth and shift in our population from rural to urban
and from urban to metropolitan coupled with inflation have
created serious problems pertinent to the provision of facilities
which are needed to accommodate people with an abundance of
free time. Both school and park and.recreation groups are
faced with spiriling land costs resulting from a reduction of
available sites.6 Increased costs, however, have not reduced
the demand for expanded and improved recreation services. The
development of a school playground and municipal park on a
common site will reduce the amount of land needed to provide
recreational services and by eliminating duplication of land
acquisition costs will be reduced to both agencies.
A recent survey by Kevin Conklin to assess current problems
confronting municipal recreation administrators in Texas re-
vealed that major problems were: 1) cooperation with school
districts involving playgrounds, use of gyms, etc.; 2) funding
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difficulties; and 3) availability of land? A joint development
program can alleviate all or part of these difficulties.
There is a feeling among authorities that the jointly
operated recreation program will enhance the carry over value
of the school curriculum to the recreation program. The joint
development concept is ideally suited to the area of program
planning. The education curriculum is an excellent source of
recreation program material and lends itself well to continuation
after school hours. Physical education activities, art, music,
and drama as a part of the recreation and education program may
be coordinated to provide a valuable and continuing experience
both during and after school.8
One of the basic principles of recreation is that maximum
use be made of all available facilities. The opportunity to
do this exists in a joint municipal/school recreation program.
In this type of organization we find that the recreation depart-
ment has the full opportunity to use and schedule both school
and parks, and to some degree, determine policy over the use
of these facilities. The combined operation of these resources
should land itself to greater recreation opportunities for all
local citizens.
One of the more obvious benefits of a joint operation is
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that duplication of facilities, personnel, and programs can be
avoided. Where duplication is eliminated, the local taxpayer
gets a two-way break. First, he A aves money through a reduced
tax rate. Second, the economy of a combined operation will
allow a broader and more diversified program, a better range
of facilities and the elimination of wasteful competitive
practices.9
An important factor to consider in the school/community
recreation program is the availability of a large and diversified
number of facilities which are staffed, programmed, and scheduled
by a single recreation agency. Schools are ordinarily well
situated in a community. They are within a short walking
distance of most homes; they contain play areas; multipurpose
rooms, craft rooms, and, in some cases athletic fields,
gymnasiums, and swimming pools. On the other hand, most
municipal recreation facilities are of the park variety, which
include athletic and picnic areas, playing fields and, in some
instances, swimming pools and community centers. Apart, though
both types of facilities have many desirable features, these
areas provide limited programming possibilities. However,
when integrated and coordinated into a unit, under jointly
administered program, an array of facilities with unlimited
possibilities for programs exist.
In every community, the
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school and park facilities should supplement each other and
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provide a framework for full citizen use.10
t
The Legal Authority For Joint Development In Texas
Texas Law specifically authorizes the concept of joint
development among the various levels of government. The
basic authority for joint development is in Article 6081 t,
Section 2, VATCS, which provides that:11
Any governmental unit may by agreement establish,
provide, maintain, construct, and operate jointly
with another governmental unit located in same or
adjacent counties, playgrounds, recreation centers,
athletic fields, swimming pools, and other park and
recreational facilities located on property now
owned or subsequently acquired by either of the t
governmental units.
Section I of the same article defines a governmental unit as
a city, town, independent school district, or any other political
subdivision.
Forms Of Cooperative Agreement
Cooperative agreements between municipalities and local
hool districts have taken many different forms.
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Land acquisition to construct and operate a jointly facility
is normally accomplished in four different ways;12
1. park/playground land is purchased from the school
district.
2. park/playground land is purchased adjacent to the
school building property whenever the schools buy
their properties.
3. land is leased from the school.
4. a recreation easement is obtained.
The land lease method has been the most commonly used process.
Joint agreements have almost always been on elementary
school sites, The agreements have, to a much lesser degree,
been used on middle school sites. Agreements have also ex-
tended to particular projects which include the lease or
joint utilization of:
1. school gymnasiums
2. school classrooms
3. school auditorium
4. city swimming pools
6. city ball fields.
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Agreements have also been exercised to jointly develop
special facilities including:13
1. swimming pools
2. ball fields (with lights)
3. tennis courts (with lights)
4. special activity buildings (primarily meeting rooms,
auditoriums, etc.)
The city has in almost every case assumed the entire cost
of grounds and equipment maintenance, i.e., herbicides, water,
electricity (outdoor lights), mowing, and insurance. The cost
of minor capital improvements is usually absorbed by the city
with major facilities provided on a cost shared basis.
Indoor facilities most often used by the city is the
gymnasium, with classrooms, vocational shops, and auditoriums
used occasionally. Fees are generally not assessed, although
a recent trend is appearing to assess a fee to offset rising
utility costs. Custodial fees are assessed to insure school
personnel at the facility. This fee is usually waived if
school personnel, i.e., teachers or coaches, are hired to
supervise or conduct the program. All programming costs are
paid by the city.
Outdoor facilities are open to the general public, unless
reserved for a scheduled activity.
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Indoor facilities, when available, are generally scheduled
as follows:
after school
- 10:00
P.M.
daily
9:00 A.M. -
10:00
P.M.
Saturday
9:00 A.M. - 10:00 P.M. daily and Saturday during the
summer months.
Elementary schools are most commonly used, while middle
schools are used on occasion depending upon demand and location.
Site plans are developed most commonly by the Municipal
Parks and Recreation department and approved by both the City
Council and the School Board.
Lsetting UP An A ree ment
Much greater progress will be made in those communities
where -the concept of joint use is mutually understood and
Joint planning is concurrently undertaken in other problem
areas. Joint planning for the development and utilization
of school, part:, and recreation facilities pre-
determined require re-
determined agreement on policies and responsibilities. The
following may serve as guide lines:14
1) facilities for athletic, recreation, health, and physical
education are necessary in a modern conununity.
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2) the distribution, location, and size of these facilities
are closely related to the total community pattern.
3) such facilities should be planned in relation to all
other community needs.
4) professional help is obtained when needed in the preparation
of a master plan which would take into account present and
long range needs, considering the community's resources
and characteristics, and the fact that changes are in-
evitable.
5) zoning and land -use are considered in the total plan.
6) the natural characteristics of the terrain are preserved.
7) in every rehabilitation or redevelopment of certain
(, neighborhoods, every effort is made to raise standards
which are obsolete to a level consistent with the total
planning undertaken.
8) all new developments include provision of adequate leisure
time facilities.
9) provisions should be made for areas which may be used by
organized groups as well as individuals or unorganized
groups in their free time.
10) these facilities should provide for the educational,
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recreational, and leisure time interests of all age
groups from childhood to senior citizen.
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Some of the technical questions that need to be addressed ..
in considering joint use agreements include:15
1. who should bear the cost of utilities and maintenance?
2. what activities can and cannot be carried on in schools?
3. what school equipment should community groups or public
be permitted to use?
4. how should damage and equipment misuse be controlled?
5. what school or park agency representatives should be
in attendance when the school is used by park and
recreation departments?
6. what regulations and rules should be adopted to govern
use?
7. what fees, if any, should be charged to user groups?
8. who is responsible of liability should accidents occur.
Liability Of Joint Development
The development and operation of park land by a Municipal
Cooperation has long been held to be a proprietary function by
the court system in such cases as City of Waco v Branch 5 SW2d 498
(Texas 1928), G.B. Claitor v City of Commerce 271 SW2d 465 (Texas
1954), and City of Houston v Ceor a 429 SW2d 257 (Texas 1972).
Independent school districts have been classified as.
purely public benefit.
The court in Braun v Trustees of Victoria
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V
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Independent School District 114 SW2d 947 (Texas 1938) held that
the operation of a school is a governmental function and thus
not answerable for negligence in suit surrounding torts. The
court went further to state that this immunity extended to
incidental matters such as caring for school grounds. The courts
have sustained this ruling in recent years in cases of Campbell v
Hillsboro Independent School District 203 SW2d 663 (Texas 1947),
Russell v Edgewood Independent School District 406 SW2d 249
(Texas 1966), and Coleman v Beaumont Independent School District
496 SW2d 245 (Texas 1973).
The development of joint recreational facilities presents
a unique liability question. The court has delt with this
4w distinction on two prior occasions. The case of McVey v City of
Iq
Houston 273 SW 313 (Texas 1925) established the point that if,
for the purposes of convenient administrative duty the maintain-
ing of schools is delegated to a-runici.pal corporation, incor-
porated for general purposes, duty is, never -the -less, public
and govern=ental, and the municipality cannot be held liable
for negligence of its employees in the performance of their
duties. The same point was again expressed in City of Houston
v Shilling 240 SW2d 1010 (Texas 1951), a municipality is exempt
from liability for negligence in its performance of strictly
governmental acts or functions as arm or agent of state in
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furtherance of general law for the benefit or interest of the
public at large, as distinguished from acts and functions in-
tended primarily for benefit of persons within municipality's
corporate limits.
A discussion of this point is found in the American Law
Review, 33 ALR3d 703; the cases generally, either expressly
or by implication support the view that a municipal corporation,
while operating or maintaining public schools within its -
territorial limits or in performing functions with respect
thereto, is not liable for personal injuries or death of
pupils or other persons where the particular educational
function out of which the injury or death arose was public
(W or governmental in character; and such cases either expressly
or by implication support the corollary view that a municipal
corporation is liable if the injury or death of a pupil or other
person is caused by a municipal function of a proprietary nature.
Article 6252-191 VACTS, states that a municipality will
be liable for money damages for property damage or personal
injuries or death when proximately caused by the negligence
or wrongful act by an officer or employee. Such liability
will not extend to punitive or exemplary damages and is
limited to $100,000.00 per person and $300,000.00 for any
single occurence for injury to or destruction of property.
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Therefore, it will be necessary for the City to provide
liability insurance on facilities jointly developed. The
school district will not have their liability altered.
Problems Frequently Encountered
The problem mentioned most frequently by those who are
involved in joint development and use, is that of maintaining
communication and coordination between the participating.govern-
ments. In some case::, misunderstandings have arisen where
there is joint development and use of facilities. These
difficulties have been the exception rather than the rule.
Problems encountered include:16
L1) Restrictive regulatory policies effectively prohibit
14
recreational use of school facilities. This may occur
through lack of coordination or inadequate scheduled time
set aside for recreational use.
2) The development of public park facilities may attract users
during school hours, thereby creating distractions to
students and/or teachers.
3) Confusion may arise over who is responsible for general
maintenance of facilities and who is responsible when
equipment is broken or damaged.
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4) The school district may assess rental fees which in effect
prohibit the use of school facilities.
5) Teachers may complain when their classrooms are used by
other groups and not left in the same condition as when
found.
6) Conflicts may arise between administrators over who is
responsible for damages, disagreements over who should
sponsor a program or how a program is operated.
7) Too many pepple may become involved in the communication
process thereby creating confusion and "hard -feeling".
Friction is bound to occur in any intergovernmental
undertaking. Unsuccessful situations exist where there is
no apparent desire to accomplish joint development. Un-
fortunately, in the growth areas where development is inevitable,
the fate of the citizen's recreational benefits gained by
multiple use of facilities is directly related to the cooperation
of the Superintendent of Schools and the City Manager.
Design Factors In Parks/Playgrounds
School districts are primarily involved with their own
Lproblems of building and teaching programs and cannot always
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go beyond these primary responsibilities. However, a policy
which permits the development of school grounds and municipal
park and recreation facilities - a policy which extends
planning and use concepts throughout park and school, can
greatly assist the park and recreation needs of the community
and extend school activities.
Albert Rutledge suggests that the jointly developed ,
park/playground facility adhere to the following criteria:17
School Units Park Units
Tot lot Crafts area
Grades Play court (paved) Shelter
K-2 Free play area (turf) Tennis courts
Story circle Parking
Restrooms
Play court (paved)
Free play area (turf)
Grades Apparatus area
3-6 Softball Field
Football/Soccer Field
Basketball court
Design Factors:18
1. Isolate school facilities from park units to minimize
overlap interference during school hours. Yet in order
to take advantage of the school/park concept, accommodate
a dual use flow for those periods when school is not in
session.
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2. Provide educational experiences.
3. Locate traffic flow to minimize hazards of mixing
children with vehicles.
4. Provide relief from the local environmental dullness.
Conclusion
The practice of joint development is increasing. Both
park and recreation and school associations are unanimous in
recommending the advantage of joint development and utilization
of facilities. The success in establishing and maintaining a
close cooperative partnership between the municipality and
the school district is dependent upon effective communication
both in setting up and in operating the system.
Texas law specifically authorizes the joint development
of municipal parks and school playgrounds. Major emphasis has
been placed on the potential for cost savings in land acquisit-
ion and facility development as well as the potential for ex-
panded recreational/educational programs.
Joint agreements have taken many forms, but all use the
concept of dual use of the same facility. Liability, to the
respective governments, has not altered the present governmental/
proprietary distinction recognized by both the court system and
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enacted law. As a result, no prohibitive barriers prevent
46, cooperation between school districts and local government
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other than historic independence.
Both agencies must recognize the valuable contribution
each can make to provide every citizen with an opportunity
for educational and/or leisure oriented experiences. Every
administrator contemplating a joint development program must
be fully aware of his/her stake in the process and realize
that the success or failure of the program is directly
attributable to the administrator's effort and that effective
two-way communication is essential.
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FOOTNOTES
1Robert M. Artz, School -Community Recreation and Park
Cooporation,(Arlington, Va.: National Recreation and Park
Association, 1972), p. 6.
2Raymond Schneider, Dudley Boyce and Ted Peterson, Creative
Planning of Parks and Play Areas for Learning, Living, and
Leisure (Stanford University School Planning Laboratory, 1957),
P. 10.
3Dr. Ralph Atkinson, "Attitudes of Selected Author' -.ties
Toward Policy Statements Relative to School -Municipal Recreation
Cooperation," (Disertation, North Texas State University, 1972)9
p. 14.
41bid, pp. 182-183.
5Ibid, p. 1.
6Schneider, p. 9.
7Kevin Conklin, 'Survey of Current Problems Facing
Administrators in Municipal Recreation Departments in Texas,
��
TRPS, XXI Number 4 (July -August 1977), p. 8.
8Atkinson, p. 10.
9lbid, pe lie
10lbid, pp. 12-13.
11Acts 1976, 60th Leg. p. 1023, ch. 450 eff. Aug. 28, 1967.
uKAVEVINE i`j' ! k, Lidl'.An
424 MAIN
GRAPEVINE, TEXAS 76051
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1.
12Participants in National Facilities Conference, Planning
Facilities for Athletics, Recreation, Physical and Health
Education, Planning Facilities for Parks', Recreation, and Schools
(Chicago: The Athletic Institute, 1956), p. 14.
13Dr. Jay S. Williams, "Parks and Recreation," Handbook For
Administrators in Small Texas Cities (Texas Municipal League,
Sept. 1975), p. 239.
14Schneider, pp. 10-11.
15"Technical Assistance Workshop," (Bureau of Outdoor
Recreation), p. 42,
16Bob Hart, "Survey of Joint Development Practices in the
North Texas Area Park and Recreation Departments and School
Districts," (1977).
17Albert J. Rutledge, Anatomy of a Park, (New York: McGraw-
Hill Book Company, 1971), p. 117.
18Ibid, p. 117.
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SOURCES OF ADDITIONAL INFORMATION
Berridge, R.I. The Community Education Handbook, Midland,
Michigan: Pendell Publishing Company, 1973.
Butler, George D. Introduction to Community Recreation, New York:
McGraw-Hill Book Company, 1967.
Corbin, Dan H. Recreation Leadership, Englewood Cliffs: Prentice
Hall, Inc., 1970.
Crockarell, James L. "Ten Current Trends in School Planning,"
Nations Schools, XCIV, July 1974, pp. 15-17.
Doell, Charles E. and Louis F. Twardzik Elements of Park and
Recreation Adrniniscration, Minneapolis: Burgess Publishing
Company, 1973.
Green, Peter "Community Programs Occupy Empty School Spaces in
Virginia," Schoolhouse, 1975, pp. 1-8.
Goals for Texas, State of Texas:
"How Americans Pursue Happiness,"
1977, pp. 60-76.
Office of the Govenor, Sept. 1970.
U.S. News & World Report, May 23,
Kamp, Dan B. Open Space Acquisition and Control, Texas A & M
University: Texas Agricultural Extension Service.
Marken, Patricia :ialoney Play Scrape, Washington, D.C.: Association
for Childhood Education International, 1973.
Miller, Peggy L. Creative Outdoor Play Areas, Englewood Cliffs:
Prentice -Hall, Inc. _
_Municipal Recreation, Chicago: International City Manager's
Association, 1960,
Parson, Steve Emerging Models of Community Education, Midland,
Mich.: Pendell Publishing Co., 1976.
Shoop, Robert J. Developing Interagency Cooperation, Midland,
Mich.: Pendell Publishing Co.
-23-
A
Schrickel, Gene, Chairman. Multiple Use of Public Facilities
for Recreation, Report of the Sub -Committee on Multiple
Use of Public Facilities: Recreation Committee of the
Texas Urban Development Commission, February, 1971.
Smith, C. Ray. The American Endless Weekend, New York: The
American Institute of Architects, 1973.
-24-
STATE OF TEXAS y
COUNTY OF TARRANT 5
INTERLOCAL AGREEMENT FOR PARK,
PLAYGROUND AND OTHER RECREATIONAL FACILITIES
This Agreement made this day
by and between the City of Grapevine, a
incorporated under Article XI, Section 5 of
State of Texas, hereinafter referred to
Grapevine-Colleyville Independent School
referred to as the "District":
W I T N E S S E T H:
o f 19 8�L,
Municipal Corporation,
the Constitution of the
as the "City", and
District, hereinafter
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, ar,d
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 recognize that
school properties and facilities are intended primarily for school
purposes and the educational needs of children are the highest
priority; and
WHEREAS, the District, through its Board of Trustees,
desires to cooperate with the City, through its City Council, in
the joint planning, design, construction, financing, use and
maintenance of certain recreational facilities for the enjoyment
and benefit of all citizens:
NOW, THEREFORE, for and in consideration of the mutual
promises 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 CONTRACT, COVENANT,
WARRANT AND AGREE as follows:
I. The City owns the parks, athletic facilities,
playgrounds and other recreational facilities shown on Exhibit A
attached hereto and incorporated herein (hereafter referred to
collectively as the "City Property") and the District owns the
school campuses, athletic facilities, playgrounds and other
recreational facilities shown on Exhibit B attached hereto and
incorporated herein (hereinafter referred to collectively as the
"District Property").
II. The City shall be entitled to priority use of the
District Property upon the approval by the District of a schedule
of City activities and programs. A schedule of City activities and
programs shall be submitted annually for approval to the District
by the City, substantially in the same form as shown in Exhibit C
attached hereto and incorporated herein, no later than August 15th
of each year. The District shall approve the schedule as
INTERLOCAL AGREEMENT FOR PARK, PLAYGROUND AND OTHER
RECREATIONAL FACILITIES - PAGE 1
submitted, or with any modification:; deerned necessary by the
District, no later than September 15th of each year. Use of the
District Property by the City for activities not approved on the
schedule shall be allowed only when available.
III. `:he District shall be entitled to priority use o
the City Property upon the approval by the City of a schedule of
District activities and programs. A schedule of District
activities and prolrams shall be submitted annually for approval to
the City by the District, substantially in the same form as shown
in Exhibit D attached hereto and incorporated herein, no later than
August 15th. The City shall approve the schedule as submitted, or
with any modifications deemed necessary, no later than
September 15th. Use of the City Property by the District for
activities not approved on the schedule shall be allowed only when
available.
IV. As to the Grapevine Middle School tennis courts,
constructed in accordance with an agreement between the City and
the School District, dated January 24, 1978, in which the School
District constructed two courts and the City installed the lighting
for the Courts, the following special conditions exist:
A. The School District will provide routine
maintenance during its scheduled time of utilization,
including, but not limited to, litter pickup. The City
will provide routine maintenance during its scheduled time
of utilization, including, but not limited to, a turf care
program and mowing. The City will be responsible for the
payment of electric utility bills for tennis court
lighting. Major maintenance, that costing over $5,000.00
per repair, will be the joint responsibility (50%/508) of
the School District and the City.
B. The School District will have priority use of
the tennis courts from 8:00 a.m. to 4:00 p.m. during
regular school days. The City will have priority use at
all other times; provided, however, that the School
District will submit, in accordance with Paragraph III of
this agreement, a schedule of Community Education programs
to be held during the City's usage hours.
V. With respect to the District Property, the City does
hereby agree to indemnify and hold harmless and defend at its sole
expense the District from any claims, damages, injuries, law suits,
or causes of action arising out of or in any way connected with the
use of the District Property during the time the City is in
possession of the District Property. All structural damage to the
District Property shall be the responsibility of the City if the
damage occurs during the time the City is in possession of the
District Property.
VI. With respect to the City Property, the District
assumes no responsibility pursuant to this Agreement for any
claims, damages, injuries or law suits, or causes of action arising
from use of the property. It is further understood and agreed that
the District assumes no responsibility pursuant to this Agreement
for any design or construction defects of the City Property or for
any claims, damages, injuries, law suits, or causes of action
caused by or arising out of the defects. Except for acts of
negligence of the District involving a motor vehicle, the City does
hereby agree to indemnify and hold harmless and defend at its sole
expense the District from any claims, damages, injuries, law suits,
or causes of action arising out of or in any way connected with any
design or construction defects or with the use of the City
Property.
INTERLOCAL AGREEMENT FOR PARK, PLAYGROUND AND OTHER
RECREATIONAL FACILITIES - PAGE 2
VII. The City shall be responsible for maintaining the
City Property shown on Exhibit A. The District shall be
responsible for maintaining the District Property shown on Exhibit
B, except that the City shall be responsible for maintaining the
District Property and Equipment specified in Lxhibit E attach(_:
hereto and incorporated herein. The parties agree that upon ttt
termination of this agreement, all the property and equipment
listed in Exhibit L will remain District property, and the District
will assume responsibility for all maintenance and renovation.
VIII. The parties agree that for all scheduled School
District activities on City property, and for all scheduled City
activities on School District property, a representative of the
sponsoring party will be in attendance. The parties further agree
that maintenance of facilities immediately after scheduled events
will be the responsibility of the sponsoring party, unless
otnerwise agreed by notation on the submitted schedule.
IX. The School District Superintendent or his designate
and the City Manager are authorized to make changes to the attached
Exhibits as necessary, with notice to the other party.
X. The City shall use the facilities for its authorized
recreational programs, including use by the general public, and for
no other purposes. The District shall use the facilities for its
authorized school activities and for no other purposes.
XI. The term of this Agreement shall be for a period of
one year, beginning from the date of this Agreement, but shall be
automatically extended for each ensuing year, unless terminated by
either party. Either party may terminate this Agreement by giving
the other party at least six (6) months notice in writing.
XII. 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 premises or any part thereof.
XIII. This Agreement contains all of the agreements made
by and between the parties hereto. n
EXECUTED this 30 day of / (0 rJ C,xirin , 198�.
CITY OF GRAPEVINE, .KAS
B
Mayor 12/15/87
ATTEST:
.-lil, rleu
ity SecretabV
GRAPEVINE-COLLEYVILLE INDEPENDENT
SCHOOL DISTRLCT
By:
Pr ident, Board of Trustees
i
ATTEST
Secretary, Board of Trustees
INTERLOCAL AGRL`�MENT FOR PARK, PLAYGROUND AND OTHER
RECREATIONAL FACILITIES - PAGE 3
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CITY CLERK'S
COPY
JOINT DEVELOPMENT - COMMUNITY PARK AGREEMENT
BETWEEN CITY AND DISTRICT
THIS AGREEMENT, hereinafter called "Joint Development - Community Park
Agreement," made between the CITY OF HUNTINGTON BEACH, a municipal corporation
of the State of California, hereinafter called "CITY," and the HUNTINGTON BEACH
UNION HIGH SCHOOL DISTRICT, a political subdivision of the State of Califomia,
hereinafter called "DISTRICT,"
WITNESSETH:
WHEREAS, CITY and DISTRICT are mutually interested in providing adequate
facilities for the recreation of the people of the city of Huntington Beach; and
CITY and DISTRICT desire to undertake mutual effort to provide the maximum
feasible public use of their respective facilities in the accomplishment of this goal; and
It is recognized that through a cooperative agreement between CITY and
DISTRICT which provides for the joint use of each agency's facilities, the community will
be afforded greatly increased opportunities at costs much below what would otherwise be
necessary; and
The community can benefit not only from the sharing of facilities but also from
mutual cooperation in the planning, development and implementation of recreational
facilities; and
Both CITY and DISTRICT desire to use the aforesaid property from which to
conduct a community park and recreational program. It is in the best interests of CITY
and DISTRICT that an agreement be entered into for use of the aforesaid property for
park and recreational purposes as hereinafter set forth.
1.
THEREFORE, CITY and DISTRICT agree as follows:
1
1. DISTRICT owns five (5) acres (hereinafter called Parcel "A") of a parcel
of land comprising approximately twelve (12) acres (hereinafter called "12 acres") of
triangular shape on the northwest corner of Seventeenth and Main Streets, and CITY owns
the remaining approximate seven (7) acres (hereinafter called Parcel "B") of said twelve
acres. The legal description and map of Parcel "A" and roadway easement through Parcel
"A," and Parcel "B" is attached hereto, marked Exhibit "A" and Exhibit "B," respectively,
and by this reference made a part hereof and incorporated herein.
2. That subject to conditions hereinafter set forth, CITY and DISTRICT
hereby do agree that said approximate twelve acres shall be used for park and
recreational purposes. Said 12 acres and a legal description for roadway easement
through Huntington Community Park is set forth on the map attached hereto, marked
Exhibit "C," and by this reference made a part hereof.
3. CITY and DISTRICT shall, through mutual cooperation, design, develop,
operate and maintain the new community park/school athletic field as a joint venture on
said 12 acres.
4. CITY and DISTRICT shall share the costs of designing, developing, and
operating the community park/school athletic field on a pro -rats basis determined by the
percentage of property that is owned by each agency, closely approximating
seven -twelfths (7/12ths) for CITY and five -twelfths (5/12ths) for DISTRICT. Attached
hereto and incorporated herein is Exhibit D indicating design of park and construction cost
estimate. DISTRICT shall maintain the 12 acre site; however, CITY shall pay 7/12th of
the total costs of the water consumed in operating the community park/school athletic
field. CITY and DISTRICT shall pay for their respective use of electricity in the lighting
of the community park/school athletic field.
5. CITY and DISTRICT shall work jointly in the planning of the programs to
ensure that the community park/school athletic field is utilized in the best interests of
both parties.
�Wl
6. CITY and DISTRICT shall consult with each other and mutually approve
construction and planning of the proposed facilities. CITY and DISTRICT shall mutually
agree to the type and specification of equipment and facilities to be placed on said site.
7. CITY shall have the responsibility for the efficient operation of a
jointly -approved program. The facilities shall be open on equal terms to all residents of
CITY and DISTRICT. Use of facilities by CITY and DISTRICT shall be without a fee, and
any operating expenses shall be borne seven -twelfths (7/12ths) by CITY and five -twelfths
(5/12ths) by DISTRICT.
B. That neither DISTRICT nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority or jurisdiction delegated
to CITY under this agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, CITY shall fully defend, indemnify and hold DISTRICT
harmless from any liability imposed for injury (as defined by Government Code Section
810.8), occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
agreement.
9. That neither CITY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted to
be done by DISTRICT under or in connection with any work, authority or jurisdiction
delegated to DISTRICT under this agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4. DISTRICT shall fully defend, indemnify and
hold CITY harmless from any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to be done by DISTRICT
under or in connection with any work, authority or jurisdiction delegated to DISTRICT
under this agreement.
3.
10. Each agency shall provide adequate personnel to supervise its activities
when operating at the other's facilities. Supervisors so assigned must be acceptable to
both agencies. Supervisors, while conducting activities at the other's facilities, shall
abide by the rules of conduct of the owner agency and shall cooperate with the owner
agency's representative in this regard.
11. This Joint Development - Community Park Agreement shall be for an
indefinite term. However, this agreement may be terminated by either party at any time
and for any reason upon ninety (90) days written notice to the other party at the following
addresses: 'CITY", 2000 Main Street, Huntington Beach, California; "DISTRICT",
(Education Center), 10251 Yorktown Avenue, Huntington Beach, California.
12. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their duly authorized officers on the --- ' day of V";,�-t— ,
1981.
ATTEST:
City Clerk
REVIEW AND APPROVED:
City Adminis for
APPROVED AS TO FORM:
' ADRIAN KUYPER
County Counsel
CITY OF HUNTINGTON BEACH
CL •
Mayor
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
G�
Director, Community Services
HUNTINGTON BEACH UNION HIGH
SCHOOL DISTRICT
President
Board of Trustees
y:
C'I .rk
Board of\Trustees
4.
�e
I
LEGAL DESCRIPTION
FOR
PARC1:1. "A"
(SCHOOL PARCEL)
THAT PORTION OF PARCEL 1, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 40, PAGE: 40 OF PARCEL MAPS, RECORDS OF SAID COUNTY
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF PALM AVENI)E
AND 171'11 STItI ET, AS SHOWN ON kEPLRENCED PARCH, MAP: THENCE
ALONG 1'!IE CE I'L'RLINE 01: 171'11 STREET N 41°39149" El 1,587.08
FEET; THENCE LEAVING SAID CENTERLINE N 48'21125" W, 386.52
FEET TO THE BOUNDARY LINE BETWEEN PARCELS 1 AND 2 OF SAID
PARCEL MAP; THENCE ALONG SAID BOUNDARY LINE N 41039'3S"F.,
50, 00 FEET; THENCE N 1 °39' 35" I:, 1 50.01 FLET TO TILE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
LINE N 48021' 25" W, 270.53 FEET TO A POINT WHICH IS CM -ION
TO SAID PARCELS 1 AND 2 AND THE SOUTHEAST CORNER OF WELL
ISLAND, "F"; THENCE LEAVING SAID BOUNDARY BETWEEN PARCELS
1 A14D 2 ALONG THE EAST LINE OF SAID WELL ISLAND "F",
N 00091181, E, 239.66 FEET TO THE NORTHERLY LINE OF SAID
PARCEL 1; THENCE ALONG SAID NORTHERLY LINE S 89°38116" E,.
564.12 FEET; THENCE LEAVING SAID NORTHERLY LINE
S 0009,181, W, 418.15 FEET; THENCE N 89038'16" W, 361.46
FEET TO..THE POINT OF BEGINNING..
CONTAINS 5.000 ACRES
"A WALDEN & ASSOCIATE'S, Inc.
125 EAM liskcr Slrecl. Stjiic 12S
CoeU Mess, Cslifurnu 9-,f 6
(714) $49 8649
CIVIL F.NrtNF'F'mwr
EXHIBIT "A"
LEGAL Ul S(:RII'7 1014
1' 012
ROADWAY LAS131ENT THROUGH PARCEL "A"
l (SCHOOL PARCEL)
THAT PORTION OF PARCEL 1, IN Till; CITY OF HUNTINGTON BEACH,
COUNTY OF'OkANGE, STATE OF CALIFORNIA, AS PER MAP RL•CORD1:1)
IN HOOK 40, PAGE 40 OF PARCEL MAPS, RECORDS OF SAID COUNTY
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION 01: PALM AVENUE
AND 171'11 STREET, AS SHOWN ON REFERENCED PARCEL. I -AP: THENCE
ALONG TILL CENTERLINE OF 17TH STREET N 41039'49" E, 1,587.08
FEET; Tllr'NCI: LEAVING SAID CENTERLINE N 48021'2S" W, 386.52
FEET TO 1*11L BOUNDARY LINE BETWEEN PARCELS 1 AND 2 OF SAID
PARCEL MAP; THENCE ALONG SAID BOUNDARY LINE N 4103913S" E,
50.00 FEET; THENCE N 1039135" E, 150.01 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
LINE BETWEEN PARCELS 1 AND 2, N 48021'25" W, 270.53 FEET
TO A POINT Wll L C;11 IS COMMON TO SA.11) PARCELS I AND 2 AND THE
SOUTHEAST CORNER OF "';L•LL ISLAND "F"; THENCE LEAVING SAID
BOUNDARY B1:TWl:I;N PARCELS 1 AND 2 ALONG THE LAST LINE OF
SAID WELL ISLAND "F", N 0009118" E, 60.00 FEET TO A POINT
TIiAT IS 60.00 FEET FROM AND MEASURED AT RIGHT ANGLES TO THE
SOUTH LINE OF WELL ISLAND "F"; THENCE ON A LINE PARALLEL
TO AND 60.00 FEET FROM SAID SOUTH LINE AND ITS EASTERLY
PROLONGATION S 89057'46" E, 22.67 FEET TO A POINT TIiAT IS
60.00 FEET FROM AND MEASURED AT RIGHT ANGLES TO THE BOUNDARY
LINE BETWEEN SAID PARCELS 1 AND 2 AND ITS NORTHWESTERLY
PROLONGATION; THENCE ON A LINE- PARALLEL TO AND 60.00 FEET
FROM SAID BOUNDARY LINE, S 48021' 25" E, 321.31 FEET; THENCE
CONTINUING ON A LINE PARALLEL TO AND 60.00 FEET FROM SAID
BOUNDARY LINE S 1039'35" W, 26.63 FEET TO THE SOUTHERLY
LINE OF T1iAT S.000 ACRE PARCEL KNOWN AS PARCEL "A"; THENCE
ALONG SAID SOUTHERLY LINE N 89038' 16" W, 60;02 FEET TO THE
POINT OF BEGINNING.
Iv
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125 Last Dakcr Slim(, Suiic 125
Cobh N1csa, Call(vrnia 92uz
(7 14 ) 549.8649
CIVIL. ENGINEERING
LAND SURVEYING
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EXHIBIT "A"
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LI1:'C71L DI?;;CRI PT1OP]
FOR
PARCEL "B"
(CITY OF HUNTINGTON BEACH PARCEL)
That portion of. Parcel 1, in the State of California, County of
Orange, City of Huntington Beach, as per map recorded in Book 40,
page 40 of Parcel Maps, Records of.5aid County, more particularly
• described as follows:
Cojamencing at the centerline intersection of Palm Avenue and 17th
Street as shown on referenced Parcel Map; thence along said center-
line of 17th Street North 41°39'49" East, 1627.90 feet; thence
leaving said centerline North 48121'25" Nest, 45.00 feet to the
Northwesterly right of way line of 17th Street and the True Point
of Beginning; thence North 48°21'25*" West, 341.52 feet to a point
on the boundary line between parcels 1 and 2 of said Parcel Map;
thence along the boundary line between parcels 1 and 2 of said Parcel
Map North 41039'35" East, 9.18 feet; thence North 1039'35" East,
150.01 feet; thence leaving said boundary line South 89°38'16" East,
361.46 feet; thence North 0109'18" East, 418.15 feet to the Northerly
line of Parcel 1 of said Parcel Map; thence along said Northerly
line South 89138'16" East, 338.84 feet; thence North 28041136" I -lest,
0.44 feet to the Southerly right of way line of Utica Street, 60.00
feet wide; thence South 89°40'17" East, 132.20 feet to the beginni:._•
of a tangent curve concave Southwesterly and having a radius of 32.00
feet; thence Easterly and Southerly along said curve through a central
angle of 90000'00" an arc distance of 50.27 feet to a point; thence
South 0019143" West 48.42 feet to the beginning of a tangent curve
concave Northwesterly and having a radius of 32.00 feet; thence
Southerly along said curve through a central angle of 41°20'06" an
arc distance of 23.08 feet to a point; thence South 41'39'43" test
42.15 feet; thence South 48"20'11" East 5.00 feet; thence South 410
39'49" West 884.23 feet to the point of beginning.
6.821 acres.
.' EXHIBIT „g„
I
LEGAL I►I:SCR I P I ) UN
FOR
ROADWAY LASFHENT 111R000H PARCIA, "B"
(CITY OF HUNTINGTON BEACH PARCH,)
THAT PORTION OF PARCEL 1 , IN TIII: CITY OF AUNT I NGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAI' RECORDI:I)
IN BOOK 40, PAGE 40 OF PARCEL. MAPS, RECORDS OF SAID COUNTY,
MORL PARTICULARLY DLSCRIBED AS. FOLLOWS:
COMML:NCING A'I 'FILL: CENTERLINE. IN'fI:RSI:CTl0I1 OF PALM AVLNl11:
AND 171'11 STRF.FT AS SHOWN ON R1:FI:RLNCED MAP; 1IIENCL ALONG
SAID CENTERLINE OF l 71-11 STREET N 41 °39' 49" E, 1 , S87. 08
FLET; TIII;NCE I LAVING SAID CENTERLINE• N 4802112S" W,
4S.00 Fl:l:'1TO TIII: NURTHIVESTERLY RIGHT OF WAY LINE OF 17T11
S'I'ItLET AND THE TRUI: POINT OF BEGINNING, SAID POINT TIEING
THE MOST EASTERLY CORNER OF WELL, ISLAND "L"; THENCE.
N 48021' 25" W, 341 . 52 FEET ALONG THE NORTHEASTERLY LINE
OF SAID WELL ISLAND TO A POINT, ON THE BOUNDARY LINE• BI:-
TWEEN PARCELS l AND 2 OF SAID PARCEL MAP; THENCE ALONG
SAID BOUNDARY LINE• N 41039' 35" E, S0.00 FEET; TIIENCE
.N 1039'3S" E, 150.01 FI-Bi; THENCE LEAVING SAID BOUNDARY
LINE S 89038' 16" E, 60.02 FEET TO A POINT THAT IS 60.00
FEET FROM AND MEASURED AT RIGHT - ANGLES TO THE BOUNDARY
LINE BETWEEN PARCELS I AND 2; THENCE ON A LINE PARALLEL
TO AND 60.00 FEET FROM SAID BOUNDARY LINE S 1°39'35" 1':',
188.63 FEET TO A POINT THAT IS 60.00 FEET FROM AND MEAS-
URED AT RIGHT ANGLES TO THE NORTHEASTERLY LINE OF WELL
ISLAND "i."; T111'14CE ON A LINE- PARAIA-1:1, TO AND 60.00 FROM
SAID NOR'I'IILASTERLY LINT; 01: IYELL ISLAND "L",S 48°21' 2S" E,
271.61 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF
171'11 STREET; THENCE AI,ONG SAID NORTHWESTERLY LINT:
S 410391' 49" IV, 60.fl0 FEET TO THE POINT OF BEGINNING.
WALDI;N & A;tiOCIA'I FIS, IIIC.
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HUNTINGTON COW-1UN1TY PARK
That portion of Parcel 1, in the City of Huntington Beach,
County of Orange, State of California, as per map recorded
in nook 40, Page 40 of Parcel reaps, records of said County,
more particularly described as follows:
Commencing at the centerline intersection of Palm Avenue
and 17th Street as s31oi-m on referenced snap; thence along
said centerline of 17th Street N 41039149" E, 1627.90 Icct;
thence leaving said centerline N 48°21125" 11, 4S.00 feet to
the northwesterly right of way line of 17th Street and the
TRUE POINT OF BEGINNING; thence N 48*21125" 11, 341.52.feet
to a point on the boundary line between Parcels _ and 2 of
said Parcel Map; thence along said boundary line ?` 41°39135"
E, 9.18 feet; thence N 1°3913S" E, 1S0.01 feet; thence
leaving said boundary line S 89°38116" E,• 60.02 feet to a
point that is 60.00 feet from and measured at right angles
to the boundary line between Parcels 1 ,and 2; thence on a
line Parallel to and 60.00 feet from said boundary line
S 1039135" W.9 188.63 feet, thence S 48°2112S" E, 271.61
feet to the northwesterly right of vay line of 17th Street;
thence along said northwesterly line S 41°39149" 11, 19.18
1
feet to the point of beginning.
EXHIBIT C
WA1.n1"N << AS50CIAT1•1*S, Inc.
40o2 West Garry Avenue, Suite B
Santa Ana, California 92704
1 (7I4) 549-8649
CIVIL ENGINFI-AIING
LAND SURVEYING
ENVIRONMENTAL PLANNING
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WA LDEN & ASSOCIATES, Inc.
WAIn Er•t Usker SUfet, Suite 123
Coela hies&, Calilm-nia D2G2G
(714) 149.8649
CIVIL ENG1NEKRING
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JUNE, 1981
�w HUNTINGTON BEACH COMMUNITY PARK DEVELOPMENT COST
A. CITY (7 ACRES)
GRADING AND DRAINAGE - 7 ac. ® $3,000/ACRE $21,000
PAVING
Parking lot - 50 cars 0 $1.50/square foot
28,350
Widening portion of Utica Avenue
ALLOW
201000
R/W drive with curbs from Adams Avenue intersection
29,250
Walks - 1,630 lin. ft. 0 $16/linear foot
27,100
Curb & gutter - 17th Street + Main Street ® $6/linear
foot
6,100
Basketball - 2 courts @ $2/square foot
20,900
VOLLEYBALL POSTS
300
PICNIC TABLES - 5 @ $1,200 each
6,000
TOTS PLAY APPARATUS AREA
ALLOW
30,000
PARK SIGN
ALLOW
2,000
L ANDSC APE
Trees - 90 2 $50 each
4,500
Ground cover area - 10,000 square feet @ $2/square
foot
20,000
Turf & irrigation - 5.5 acres @ $25,000/acre
137,500
LIGHTING
Parking lot
-ALLOW
5,000
Sports fields
ALLOW
40,000
SUB -TOTAL . . . . . . . . . . . . . . . . . .
. . .
$398, 000
PLUS 10% CONTINGENCY . . . . . . . . . . . . . . .
. . .
39,800
$437,800
PLUS 9% INFLATION (ONE YEAR). . . . . . . . . . .
. . .
392400
TOTAL . . . . . . . . . . . . . . . . . . . .
. . .
$4767200
�w)
EXN I B F #/nI►
5479E/
4.)
JUNE, 1981
HUNTINGTON BEACH COMMUNITY PARK DEVELOPMENT COST
B. SCHDOL DISTRICT (5 ACRES)
GRADING AND DRAINAGE - 5 ac. ® $3,000/ACRE $15,000
PAVING
Major parking lot - 2.05 ac. ® $1.50/square foot 134,000
Widening portion of Utica Avenue ALLOW 10,000
Walks 835 linear feet ® $18/linear fcot ALLOW 15,000
LANDSCAPE
Trees & ground cover areas (includes soil preparation & irrigation)
60 trees @ $50 each 3,000
Ground cover area- 16,000 square feet
® $2/square foot 32,000
35, 000
Turf & irrigation- 2.37 acre ® $25,000/acre 59,250
LIGHTING
Parking lot ALLOW 16,000
Sports fields ALLOW 30,000
46,000
SUB -TOTAL . . . . . . . . . . . . . . . . . . $314,250
PLUS 10% CONTINGENCY . . . . . .. . . . . . . . . . 31,425
$34 5 , 67 5
PLUS 9% INFLATION (ONE YEAR) . . . . . . . . . . . . 31,110
TOTAL . . . . . . . . . . . . . . ... . . . $376, 800
SUMMARY: DEVELOPMENT COST OF 12 ACRE HUNTINGTON BEACH COMMUNITY PARK
A. City 7 acres. . .
. . . . . . $476,200
(Av. cost per ac. -
$68,03C)
B. School District 5
acres: 376 800
(Av. cost per ac. -
$75,360)
TOTAL DEVELOPMENT COST:
$853,000
(Av. cost per ac. -
$71,083)
SHARED DEVELOPMENT COST
PER PROPOSED CITY/SCHOOL
AGREEMENT OF 7/11/78
A. City (7/12ths of total
project cost)
$497,563
B. School (5/12ths of
total project cost) . .
. . . $355,41
$853,000
SHARED MAINTENANCE COST PER PROPOSAL BY SCHOOL DATED 9/12/79
A. Ci ty . . . . . . . . . . . . . . . . PROVIDE WATER FOR 7 ACRES
B. School . . . . . . . . . . . . . . . PROVIDE REMAINING MAINTENANCE
EXHIBIT "D"
0
RECREATION FACILITY USE AGREEMENT AMONG
CITY OF HUNTINGTON BEACH, OCEAN VIEW
SCHOOL DISTRICT, FOUNTAIN VALLEY SCHOOL
DISTRICT, AND HUNTINGTON BEACH CITY
SCHOOL DISTRICT FOR JOINT USE
OF SCHOOL RECREATION FACILITIES
THIS AGREEMENT is made and entered into this 7th day
of November 1985, by and among the CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter
referred to as "CITY," and FOUNTAIN: VALLEY SCHOOL DISTRICT, a
political subdivision of the State of California, OCEAN VIEW
SCHOOL DISTRICT, a political subdivision of the State of
California, and HUNTINGTON BEACH CITY SCHOOL DISTRICT, a political
subdivision of the State of California, hereinafter collectively
referred to 'as "DISTRICTS."
(aw WHEREAS, the parties hereto desire to promote and preserve
the health and general welfare of the people of the CITY and
DISTRICTS, and to cultivate and develop good citizenship by
providing for an adequate program of community recreation and to
conduct such a program of community recreation as will contribute
to the attainment of general education and recreational objectives
for the children and adults of said CITY and DISTRICTS: and
The parties hereto desire to cooperate with each other to
carry out the provisions of Chapter 10, Part 7 of Division I of
Title I of the Education Code of the State of California, and to
that end enter into an agreement with each other to promote and
1.
i
preserve the health and general welfare of the people of said CITY
j and DISTRICTS,
I
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises of the parties hereto, the parties hereby
covenant and agree as follows:
1. SCOPE OF WORK
a. DISTRICTS shall make available to CITY certain
of their school facilities for community recreational activities.
The facilities so utilized shall be selected by CITY out of those
facilities made available to CITY by DISTRICTS.
b. CITY use of school facilities shall be in
accordance with pertinent DISTRICTS' policies in granting permits
for nonschool use of facilities.
C. Schedules for use of said facilities for
community recreational activities shall be established by the
Director of Community Services of CITY and approved by DISTRICTS'
superintendents or designated representatives.
2. FEES AND SCHEDULING OF FACILITIES IN GENERAL
a. Admission fees shall cover expenses only for a
community recreational event. There shall be no rental fee
charged to CITY. All fees and charges assessed for programs
scheduled under this agreement shall be used for furthering the
recreational activities of the students and in performance of this
Agreement.
b. Each DISTRICT'S programs, events and required
maintenance shall have first scheduling priority for the use of
fir►
its own facilities. DISTRICTS reserve the right to schedule the
2.
use of facilities in fair proportion for other public agencies.
Schedules may be altered by mutual consent of all the parties
herein. The parties agree to use their best efforts so as to
avoid scheduling disputes and conflicts.
C. CITY shall select and provide certain qualified
personnel to conduct recreational activities and events which take
place after school hours, on weekends, a-nd during holiday and
vacation periods on the various selected DISTRICT facilities.
d. Individual DISTRICTS shall be consulted an3
advised as to recreational activities conducted by CITY on
facilities under each DISTRICT'S own jurisdiction.
3. PERSONNEL
All personnel employed to conduct community _
recreational activities small be under the a
e supervision of CITY nd
shall be employed by CITY. Expenses, including but not limited
to, salaries, cost of supplies, and general maintenance shall be
met by CITY out of its own resources.
4. MATERIALS AND MAINTENANCE OF FACILITIES
a. CITY shall provide certain expendable material
and supplies necessary for conducting community recreational
programs for all ages. Equipment provided by each DISTRICT as
part of the school program and suitable for community recreational
use, and equipment and supplies provided by CITY and suitable for
school use, shall be mutually interchangeable for the common use
of CITY and DISTRICTS.
b. Custodial and maintenance services for all
school facilities utilized for community recreational programs may
3.
be provided by DISTRICTS, if requested to provide such services by
CITY in writing. DISTRICTS may charge CITY for cost of providing
custodial and maintenance service requested by CITY, subject to
written understanding only.
5. CONTRACT ADMINISTRATOR
The CITY Contract Administrator for this Agreement
shall be the Director of Community Services of CITY.
6. COM14UNITY SERVICES ADVISORY COMMISSION
The parties shall continue in existence the
heretofore established advisory Community Services Commission
which is composed of five (5) members at large, serving four (4)
year terms and one (1) member for each of the six (6) local school
DISTRICTS, (Ocean View School District, Fountain Valley School
District, Huntington Beach City School District, Westminster
School District, Huntington Beach Union High School District and
Coast Community College District) serving one (1) year terms. The
Commission shall assist the Contract Administrator in
administering this agreement for the mutual benefit of the
parties. All members shall be appointed by CITY. Terms of all
appointees shall run concurrently with the fiscal year beginning
July 1, and ending June 30 each year of the Agreement. Each
participating DISTRICT shall recommend to CITY a number of
candidates who are residents of their respective DISTRICT and of
CITY, to represent their DISTRICT by the third Monday of June of
each year, one of whom shall be appointed by CITY from each
DISTRICT as such DISTRICT's representative. Appointments shall be
4 made in the manner desired by CITY. In the event that a DISTRICT
or DISTRICTS do not make
4.
Iq
their recommendation to CITY by the first day of July of each year
the CITY may appoint any qualified resident of the DISTRICT and of
the CITY to a one-year term to represent such DISTRICT.
Successors of members are to be appointed in a similar manner.
The Mayor of CITY shall be an ex-officio member of said
commission. Regular members of such commission shall receive as
compensation from the CITY for their services, the sum of fifteen
dollars ($15) for their attendance at each regular monthly
commission meeting . Compensation shall not be paid for
attendance at adjourned or special meetings.
City-wide municipal and school recreational programs shall
be operated by CITY, as defined above, and direct program
operation shall be under CITY's direction. It is understood that
operation of individual programs on school grounds shall be
supervised by recreation supervisors responsible to CITY.
Use of school vehicles for the purpose of transporting
recreational program participants on approved trips and excursions
shall be governed by DISTRICTS' policies and final decisions as to
,the recreational use of said vehicles shall be at the discretion
of DISTRICTS' superintendents.
7. TEP14S AND OPTION TO TERMINATE
The term of this Agreement shall commence July 1,
1984, and shall continue in effect until terminated by CITY, upon
sixty (60) days' written notice to each party at the address shown
herein. Any DISTRICT may terminate the agreement, as to itself,
upon sixty (60) days written notice to each of the parties to this
agreement, at the address shown herein.
5.
B. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
a. Neither DISTRICT nor any officer or employee
thereof shall be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by CITY under or
in connection with any activities described in this agreement.
Pursuant to Government Code Section 895.4, CITY shall fully
defend, indemnify and hold DISTRICT harmless from any liability
imposed for injury (as defined by Government Code Section 810.8),
occurring by reason of anything done or omitted to be done by CITY
under or in connection with any activities
described in this Agreement.
b. Neither CITY nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
�W reason of anything done or omitted to be done by any DISTRICT
A
under or in connection with any activities described in this
agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4 any DISTRICT shall fully defend,
indemnify and hold CITY harmless from any liability imposed for
injury (as defined by Government Code Section 819.8), occurring by
reason of anything done or omitted to be done by any DISTRICT
under or in connection with any activities described in this
agreement.
9. AMENDMENTS
This agreement may be amended from time to time by
mutual agreement in writing of the parties hereto.
M.
10. NOTICES
Any notices pursuant to this Agreement shall be
deemed delivered, if in writing, deposited in the United States
Postal Service with postage prepaid and addressed to each party as
follows:
CITY:
CITY OF HUNTINGTON BEACH
Attn: Director, Community Services
2000 Main Street
Huntington Beach, CA 92648
DISTRICTS:
OCEAN VIEW SCHOOL DISTRICT
19940 "B" Street
Huntington Beach, CA 92647
FOUNTAIN VALLEY SCHOOL DISTRICT
L_ 17210 Oak Street
Fountain Valley, CA 92708
HUNTINGTON BEACH CITY SCHOOL DISTRICT
20451 Craimer
Huntington Beach, CA 92646
REST OF PAGE NOT USED
IiA
7.
01
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
on the day, month and year first above written.
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
Dty Administ for
OCEAN VIEW SCHOOL DISTRICT:
By
By
HUNTINGTON BEACH CITY
SCHOOL DISTRICT:
CITY OF HUNTINGTON BEACH
By
Mayor G-
APPROVED AS TO FORM:
City tt rney
INITIATED AND AP ROVED:
Director, Community Services
FOUNTAIN VALLEY SCHOOL DISTRICT:
By
City of Southlake, Texas
M E M O R A N D U r
September 5, 1981
TO: Councilmember Sally Hall
FROM: Sandra L. LeGrand, City Seci
SUBJECT: Additional Election Informal
As an update to my Memorandum dated March 3, 1989 in regards
to General Elections for the City, I have attached
information which was obtained from an Election Law Seminar,
recently held in Austin by the Secretary of State Election
Division. The seminar was held as a result of the recent
Legislative Session and the new bills which were approved.
Attached is information entitled "Accessibility of Polling
Places"and, "Contracts for Election Services/Laws Governing
Joint Elections". Perhaps this information will be helpful
to both City Council and members of the School Board.
An additional point which we experienced at the May General
Election in regards to verifying the ballot count after the
polls had closed is as follows: the Election Judge and
Clerks worked at the polls until about 10:30 p.m. on
Saturday, the day of the election.. They did not finish,
therefore, the council room was locked up and the Election
Judge and Clerks returned on Sunday afternoon and worked for
another three (3) hours. This step was something new, and
the facilities at city hall were very much utilized for this
counting procedure. (The requirement is that the ballots
counted by optical scan machines must be hand counted and
the numbers verified before the election canvass is held).
I have talked with the Election Judge and Alternate Judge
and suggested they be present for the meeting, so that they
may forward any additional comments if they so wish.
Also, as you know, Mayor Gary Fickes held the position of
Election Judge for several years, and will be very helpful
in answering questions.
/11 1 , "(- ]/'
SLL/sl
NEW LEGISLATION
HOUSE BILL 329 -- BEAUCHAMP
RELATING TO VOTING ON ELECTION DAY AT AN ABSENTEE VOTING PLACE BY
A DISABLED VOTER. .
This bill amends Section 104.003 of the Election Code to
extend the election day hours for voting by disabled voters at
the absentee voting clerk's office in counties using lever voting
machines. Former law permitted voting from 8:00 a.m. to 2:00
p.m., this bill permits voting from 7:00 a.m. to 7:00 p.m. In '
counties using punch card voting devices, disabled voters may
still vote from 8:00 a.m. to 2:00 p.m. at the clerk's office.
Signed by the Governor 6/16/89 Effective on 9/1/89
HOUSE BILL 642 -- BEAUCHAMP, et al
RELATES TO BUILDINGS USED AS POLLING PLACES.
This bill amends Sections 43.031 and 43.032 to provide that
an entity that owns or controls a public building must make it
available for use as a polling place in any election that covers
territory in which the building is located. The bill also
provides that if the day of the election is a day on which the
building is regularly open for business, no charge can be made
t for use of the building as a polling place.
Signed by the Governor 6/15/89 Effective on 9/l/89
HOUSE BILL 772 -- GUERRERO
RELATES TO THE ABOLISHMENT OF THE STATE BOARD OF CANVASSERS.
This bill amends the Election Code by abolishing the State
Board of Canvassers as recommended by the Sunset Commission.
The bill is amended to place the canvass responsibilities on the
Governor rather than the State Board of Canvassers.
Signed by the Governor 5/25/89 Effective on 9/l/89
HOUSE BILL 1563 -- GLOSSBRENNER
RELATES TO THE PROCESSING OF A VOTER REGISTRATION APPLICATION
SUBMITTED TO THE WRONG VOTER REGISTRAR.
This bill amends Section 13.072 of the Election Code
adding a new Subsection(d) to provide that if a voter
registration application received by a voter registrar indicates
that the applicant resides in another county, the registrar must
CONTRACTS FOR
ELECTION SERVICES/
cw LAWS GOVERNING
JOINT ELECTIONS
A
CONTRACTS FOR ELECTION SERVICES
A) Contracts - sec. 31.092
1) County election officer may contract:
a) with political subdivision in county
b) with county executive committee
2) Contract does not need commissioners court approval
B) Elections Administrator - Duty to Contract - sec. 31.093
1) If requested - shall contract
2) If unable to agree
- Secretary of State shall prescribe terms or instruct not to
contract
3) County election administrator not required to contract for
election schools
C) Contract Services
1) Perform or Supervise duties and functions normally performed -
sec. 31.094
2) Delegation to deputies - sec. 31.095
- 1 -
JOINT ELECTIONS
All references are to Tex. Elec. Code Ann., "the Election Code," unless
otherwise stated.
I. Does having a joint election mcdn you can skip reading the rest of
the Election Code?
A. No. The rest of the Election Code applies to joint
elections, except where inconsistent or unfeasible. S 271.001
II. What are the requirements for an authorized joint election?
S 271.002
A. Two or more political subdivisions may enter into an
agreement if elections are to be held:
1. on the same day
2. in all or part of the same territory.
3. in election precincts served by common polling places.
B. The commissioners court of the county makes the agreement
with another entity when the governor orders ar, election in the
county.
C. What is the effect of a law requiring a joint election?
1. If another law requires two political subdivisions to
1
election exactly the same way before, you do not have to
preclear it again.
G. Why do we have to go through all this for a simple combining
of resources and procedures?
1. Because it's the law, and violations of the Election
Code, or the Voting Rights Act, or both, could jeopardize
every election participating.
II. How may we locate polling )laces?
1. The agreement applies to election precincts that can be
served by conanon polling places. § 271.002(a)
4 2. The location of a polling place may. be outside the boundaries
of a particular precinct or political subdivision if the location:
a. can adequately and conveniently serve the voters; and
b. will facilitate the orderly conduct of the election.
§ 271.003
IV. Who pays what?
A. Expenses are allocated by the joint election agreement.
§ 271.004
(V 3
subdivision must receive applications for absentee ballots by
mail.
3. The remaining procedures for absentee voting by mail may
be conducted by either clerk, at the discretion of each
governing body. 5 271.006.
C. What polling places are used?
1. The absentee polling place that would regularly be used
by the clerk appointed as joint absentee voting clerk. 5
271.006
2. If a governing body chooses not to participate in joint
absentee voting, the absentee voting may still be conducted
(r at the common polling place. 5 271.006
VII. May all offices, and propositions, be placed on one ballot?
A. Yes, except that a voter may not be allowed to select a
ballot containing an office or proposition for which he is ineli-
gible to vote. § 271.007
VIII. How may ballot boxes be joined?
A. One set of ballot boxes may be used for all participating
political subdivisions at the common polling place. 5 271.008
,, 5
A. Any one of the canvassing authorities of the participants may
be appointed for a joint canvass.
B. The presiding officer of the joint canvassing authority
delivers tabulation to all other presiding officers for the rest
of the regular procedure.
C. If materials are kept separate, each participating subdivi-
sion may canvass its own election.
XII. Who issues certificates of electicii?
A. The regular, individual presiding officer of each political
subdivision issues certificates of election for that subdivision.
XIII. How do you pay judges and clerks? § 271.013
A. Same amount as usual, except:
1. where records, keys, and supplies go to different
places:
a. compensation for delivery may be multiplied by the
number of different locations, and
b. pay may to to one officer for the delivery, or be
divided evenly among several officers.
B. Cost is split among subdivisions participating.
1,,, 7
3. canvassing authority, after tabulation.
4. issuance of certificate of election.
MB2/mhmem8
ACCESSIBILITY OF
� POLLING PLACES
IM
ACCESSIBIL1TY OF POLLING PLA�LS
Section 43.034 of the Texas Election Code Provides that, except
as provided therein, each polling place must be accessible to the
handicapped and elderly.
There are three exceptions provided by Section 43.034. Temporar��
polling places and polling places in non-public buildings are not
required to be accessible. Public buildings are not required to
be accessible when an accessible building within the precinct is
not available, and it is anticipated that the building can be
brought into compliance. Section 43.031 of the Texas Election
Code requires that a polling place be located in a public
building "if practicable". "Practicable" is defined as capable
of being accomplished. In summary, polling places must be in
accessible public buildings within the precinct if such buildings
are available.
If no accessible public buildings are available, non -accessible
public buildings may be used as polling places if it is possible
to make the buildings accessible in the future, and plans are
made to do so. If it is not practicable to use any public
building as the polling place, a non-public building may be used.
While Section 43.034 does not require that non-public buildings
be accessible, every effort should be taken to locate a building
which is accessible. If no accessible building of any kind is
available, the polling place can be made temporarily accessible
with temporary ramps for curbs and steps.
1
it is not possible to install a permanent ramp before the
election, temporary ramps may be utilized.
4. Any stairs necessary to enter or leave the polling place
must have a hand -rail and a non -slip ramp.
5. The polling place may not have any barrier that impedes the
path of the physically handicapped to the voting station.
Any of the following can constitute a barrier: gravel, any
break in the walk -way over I inch in height, automatically
closing gates, closed doors without lever type handles, and
objects protruding from walls which a visually handicapped
person cannot detect with a cane.
A wealth of information regarding accessibility is readily
obtainable. For further information, you may wish to contact one
of the following groups:
The National Organization on Disability
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
(202) 293-5960
This organization publishes a number of informative publications
including Disabled Citizens at the Polls: A Guide for Election
nff;r-;arc
3
City of Soothlake, Texas
M E M O R A N D U M
March 3, 1.989
TO: HONORABLE MAYOR WESTERHOLM AND COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Amendment to Resolution 89-11, Calling Election
-
I have enclosed Resolution. 89-18,amending Resolution 89-11,
changing the polling place from city hall to the cafeteria
at Carroll Middle School.
I have been asked by Councilmember Sally Hall to list all
the issues involved in making the decision to change the
location of the polling place at this time.
I talked with Mr. Lowrey on February 23,1989 in regards to
the city holding voting on election day at the school
facilities. He stated to me that where the school board has
mentioned this several times during the last couple of
years, there has been no specific conversations on the
issue. He also stated that he wishes to remain totally
neutral on the matter. He wondered if making the decision
at this time would give enough time for proper organization
and planning for the change for this year. He reminded me
that the city boundaries and the school district boundaries
are very different now, since our recent annexations.
He offered the use of the cafeteria at the Carroll Middle
School, if we choose to make the change this election, with
no cost to the city for the use.
I have also talked with Gary Fickes about the subject as he
has served for the past several years as election judge for
the city. He felt it was definitely a possibility but it
would take planning in order to make it run smoothly. He
wondered if we would have enough time before the May
election to accomplish this.
I will attempt to list the advantages to having the election
at city hall, as in the past:
1. Availability of city records (addressed, maps, etc.) As
a requirement, the City Secretary is to be on duty during
election voting hours, to assist the Judge if necessary.
2. Availability of full communications. There is usually a
need to call the Secretary of State and County Voter
Registration office several times during the day. Also, the i
dispatcher can forward any calls to me or the Judge with
questions from citizens or the county. Or, calls to the
election clerks etc. during the day.
3. Availability of facilities. (restrooms, lunch room).
Memo
3-3-89
page 2
4. Availability of a secured room for counting absentee
ballots during the day. This would be done by the Election
Judge and clerks.
5. Availability of emergency medical and police staff if
needed, at a moments notice.
6. There is ample parking at city hall, if the spaces
behind the city hall are used.
7. Orientation of citizens to the polling place, we will
need the media to assist us on this, as the newly annexed
area is not in the Carroll School District.
8. City limits and school district boundaries are not the
same. It will not be as convenient to the annexed area to
go to the schools.
9. Cost of the election will be the same regardless of the
location of the polls.
10. The election judge and alternate judge have no_prior
experience with an election in Southlake, therefore, they
may need more assistance from the City Secretary during
voting hours. I feel I need to be available.
Use of School Facilities for Polling Place.
1. The school facilities are available to us at no cost.
2. There is one telephone available for use by both the
school and city on election day. I do not know if we will
be able to receive outside calls.
3. By having the voting at the school, it will save wear
and tear on the city council room, and city hall.
4. Financially, the cost will be the same.
5. Some of the voters would only have to make one stop on
election day instead of two.
6. The election judge can count the absentee ballots in the
kitchen area (not sure if it is a secured area).
7. The city secretary could stay at the city hall and talk
with the judge by telephone if there is a problem. This may
cause a delay to the voter in voting.
8. There is ample parking at the school site. Also handicap
parking area.
9. The city attorney has advised me that there is enough
time to submit an amendment to the Justice Department for
preclearance for changing the place of the polls.
I too wish to remain neutral on the matter, and will do my
best to see that the election runs smoothly, according to
the Texas Election Code, regardless of council decision. I
do encourage the City Council to take action on this at the
March 7, meeting as further delay will cause delays in
election requirement scheduling.
I strongly feel that absentee voting must be held at city
hall for many reasons. I plan to have absentee voting in my
room. If it becomes impossible due to the number of voters,
I will move to another location in city hall.
Memo
3-3-89
page 3
If you have any questions, please give me a call, if over
the weekend, my home number is 281-2974. Feel free to call
anytime.
11/sl
Attachments: Resolution 89-18
Resolution 89-11, for reference
RESOLUTION NO. 89-18
A RESOLUTION OF THE CITY OF SOUnRAKE, TEXAS, AMENDING RESOLUTION NO.
89-11, CALLING THE GENERAL ELECTION TO BE HELD ON MAY 6,1989, BY
CHANGING SECTION 7, TO STATE TfjE POLLING PLACE ON ELECTION DAY WILL BE
CARROLL MIDDLE SCHOOL CAFETERIA. AUTHORIZING THE CITY SECRETARY TO MAKE
THE NECESSARY AMENDMENT TO THE SUBMISSION TO THE UNITED STATES JUSTICE
DEPARTMENT FOR PRECLEARANCE APPROVAL. PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001 of the Texas Election Code ("the Code")
specifies that the first Saturday in May shall be a uniform election
date and that a general election of a city may be held on such day; and,
WHEREAS, by a resolution, the first Saturday in May (May 6,1989) has
been adopted as the date of its general. election; and,
WHEREAS, Resolution 89-11, Section 7, designated the City Hall, 667
North Carroll Avenue, Southlake, Texas, as the polling place for the
general election; now,
THE=RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, THAT:
Section 1. That all of the above premises are found to be true and
correct and are incorporated into the body of this resolution as if
copied in their entirety.
Section 2. that the City Council approved the change in Section 7 of
Resolution 89-11, changing the location of the polling place from City
Hall, 667 North Carroll Avenue, Southlake, to the Carroll MIddle School
Cafeteria, 1100 North Carroll Avenue, Southlake, Texas.
Section 3. That the City Secretary is hereby authorized to make the
necessary amendment to the submission for the United States Justice
Department for preclearance approval, for a change in the polling place
for election day.
Section 4. That this resolution shall be effective from and after this
day of passage.
PASSED AND APPROVED THIS TFF' 7th DAY OF MARCH, 1989.
Johnny H. Westerholm
Mayor of Southlake
Sandra L. LeGrand
City Secretary
CITY OF SOUTHLAKE, TEXAS
RESOLUTION NO. 89-11
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
CALLING A GENERAL ELECTION TO BE HELD ON MAY
6, 1989, ESTABLISHING ELECTION PRECINCTS
WITHIN THE CITY: APPOINTING AN ELECTION JUDGE
AND AN ALTERNATE JUDGE: AUTHORIZING THE CITY
SECRETARY TO MAKE SUBMISSIONS TO THE UNITED
Sr, JUSTICE DEPARTMENT FOR PRE -CLEARANCE
APPROVAL: ESTABLISHING OTHER PROCEDURES FOR
THE CONDUCT OF THE ELECTION: ESTABLISHING A
DATE FOR CANVASSING RETURNS: AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 41.001 of the Texas Election Code (the
"Code") specifies that the first Saturday in May shall be a
"uniform election date" and that a general election of a city may
be held on such day; and,
WHEREAS, by a resolution the first Saturday in May (May 6,
1989) has been adopted as the date of its general election.; and,
WHEREAS, by this resolution, established the next to 'Last
Saturday in May (May 20, 1989) as the date for a runoff election
shculd one be required for the general election; and,
WHEREAS, by this resolution, it is the intention of the City
Council to officially establish the election precincts within the
City, to designate a polling place for the election, to appoint the
necessary election officers and to establish and set forth
procedures for conducting the election; and,
WHEREAS, the changes from prior practices may require
pre -clearances under the Federal Voting Rights Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
Section. 1. Election Day. A general election shall be
held in the City of Southlake, Saturday, May 6, 1989, at which the
following officers will be elected:
MAYOR
COUNCILPERSON PLACE NO. 1
COUNCILPERSON PLACE NO. 2
Section 2. Term of Office. In accordance with the
City's Charter, the candidate for each office receiving a majority
of votes for such office sha?l be elected .for a term of two (2)
years beginning May 6, 1989, or until a successor is duly elected
a,pd qualified.
Section 3. Eligibility for Candidacy. In accordance
with the City's Charter, no person shall be eligible for the office
of Mayor- or Councilperson unless he/she is a qualified elector of
01- the City and has resided in the City for at least twelve (12)
't months next preceding the election at which he/she is to be elected.
Section 4. Application for a Place on the Ballot. In
accordance with Section 143.007 of the Code, any eligible and
qualified person may have his name printed upon the official ballot
as a candidate for the offices herein set forth by filing his sworn
application with the City Secretary not earlier than February 20,
1989, and not later than 5:00 p.m. March 22, 1989. Each such
application shall be on a form as prescribed by Section 141.031 of
the Code. The order in which the names of the candidates are to be
printed on the ballot shall be determined by a drawing by the City
Secretary as provided by Section 52.094 of the Code. Notice of the
time and place for such drawing shall be given in accordance with
the Code.
Section 5. Runoff Election. In accordance' with the
Code, in the event that no candidate receives a majority of the
votes for an office, there shall be a runoff election held on May
20, 1989. If a runoff election is necessary, it shall be ordered
by the Mayor not later than five (5) days after the canvassing of
the returns of the general election.
Section 6. Election Precincts. In accordance with
Section 42.061 of the Code,. the City Council of the City hereby
establishes its election precincts for all municipal elections from
and after the effective date of this Resolution, such precincts to
be coterminous with the boundaries of the below listed election
precincts established by the Denton County and Tarrant County
Commissioner's Courts, to the extent such election precincts are
within the corporate boundaries of the City, and to be identified
by the same number as the county precincts. The election precincts
hereby adopted as the election precincts of the City are as follows:
Denton County Election Precinct No. 3S
Tarrant County Election Precinct No..3035
Tarrant Countv Election Precinct No. 3039
Tarrant County Election Precinct No. 3040
Tarrant County Election Precinct No. 3114
Tarrant County Election Precinct No. 3286
Tarrant County Election Precinct No. 3359
Section 7. 'polling Place. The polling place for all
election precincts of the City for all municipal elections from and
after the effective date of this Resolution shall be City Hall, 667
North Carroll Avenue, Southlake, Texas. The polls shall be open
from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to the
requirements of the Code.
Resolution #89-11 2
Section B. Appointment of Election Judge and Alternate
Election Judge. The following named individuals, residing at the
rrespective addresses, are hereby appointed to serve as Presiding
!(, Election Judge and Alternate Presiding Election Judge,
respectively, at the election:
Presiding Judge:
Name: Charles Curry
Address: 1203 Ridgewood Circle, Southlake, Tx 76092
Alternate Presidia Judge:
Name: Aloha Payne
Address: 1213 Whispering Lane, Southlake, Tx 76092
The Election Judge and the Alternate Judge shall be qualified
voters of the City. The City Secretary shall, in accordance with
Section 32.009 of the Code, deliver to the Presiding Judge and the
Alternate Presiding, Judge notice of their appointments not later
than twenty (20) days from the effective date of this Resolution.
Section 9. Apoointment of Clerks. The Presiding Judge
for the polling place shall appoint Election Clerks and as many
additional Clerks as are necessary for the proper conduct of the
election. Provided, however, five (5) Clerks, shall be the maximum
number of Clerks which may be appointed to serve at the polling
�( place. All Election Clerks shall be qualified voters of the City.
Section 10. Compensation of the Election Judge and
Election Clerks. The Presiding Election Judge, Alternate
Presiding Judge and each Election Clerk shall be compensated at the
rate of $5.00 per hour in accordance with Section 32.091 of the
Code. The Presiding Election Judge shall also be paid the
additional sum of $25.00 for delivering the returns of the election.
Section 11. Method of Voting. The City Secretary is
hereby authorized and instructed to provide and furnish+ all
necessary election supplies to conduct the election. In accordance
with this resolution. Voting at the election shall be by
electronic voting machine and shall be conducted in accordance with
the Code.
Section 22. Governing_ Law and Qualified Voters. The
election shall be held in accordance with the Constitition of the
State of Texas and the Code, and all resident qualified voters of
the City shall be eligible to vote at the election.
Section 13. Publication and Posting of Notice. Notice of
the election shall be published once no earlier than April 6, 1989,
and no later than April 26, 1989, in a newspaper in accordance with
the provisions of the Code, and shall be posted no later than April
17, 1989, in the regular place for posting notice of meetings of
the City Council of the City.
Resolution #89-11 3
Section 14. Absentee Voting. Absentee voting by personal
r-� appearance shall be conducted between the hours of 8:00 a.m. and
5:00 p.m. on each day which is not a Saturday, Sunday, or an
official State Holiday, beginning on April 17, 1989, and continuing
through May 2, 1989, except on Saturday, April 22, the absentee
polling place will be open from 10:00 a.m. to 2:00 p.m. Absentee
voting by personal appearance shall be at the office of the City
Secretary, 667 North Carroll Avenue, Southlake, Texas.
Applications for absentee voting by mail shall be delivered to the
City Secretary at the same address not earlier than March 7, 1989,
and not later than the close of business on April 28, 1989.
AW
KA
Absentee voting, both by per sonai ar:pZar= li e ,9.^_c by !--ail,
shall be by paper ballots and shall be canvas.=ed by the Absentee
Ballot Board, which is hereby created. The Presiding election.
Judge and the Alternate Presiding Election Judge appointed 'herein
shall serve as the presiding officer and the alternate presiding
officer, respectively, of the Absentee Ballot Board. The other
election officer serving at the election shall serve as the other
members o the Absentee Ballot Board for the election.
Section 15. Submissions to the United Stites justice
Department. That the Citv Secretary of the City of Southlake is
authorized to make such submissions as are necessary to the United
States Justice Department to seek pre -clearance approval for new
precincts added due to recent annexations and for additional length
of the absentee voting period to include Saturday, April 22, from
10:00 a.m. to 2:00 p.m.
Section 16. Delivery of Returns. In accordance with the
Code, inamediately after the closing of the polls on the day of the
election, the election officers named in this Resolution shall make
and deliver the returns of the election in triplicate as follows:
one copy shall be retained by the Presiding Judge, one copy shall
be delivered to the Mayor of the City, and one copy of the returns,
together with the ballot boxes and all election supplies, shall be
delivered to the City Secretary. All election records and supplies
shall be preserved by the City Secretary in accordance with the
Code.
Section 17. Canvassing of Returns. The City Council
shall convene on Islay 8, 1989, at 7:30 o'clock p.m., to canvass the
returns of the election.
Section. 18. Necessary Actions. The Mayor and ,.he CJ.ty
Secretary of the City, in consultation: with the City Attorney, are
herebv authorized and directed to take any and all actions
necessary to comply with the provisions of the Code in carrying out
and conducting the election, whether or not expressly authorized
herein.
Resolution #89-11
n
Section 19. Effective Date. This Resolution shall be
effective upon its adoption.
PASSED AND APPROVED this the day of� ,
CIT
By:
ATTEST: �r.,..;,r••;.�
A,)
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
0( City Attorney
City of Southlake, Texas
Aw
Resolution #89-11 5
City of Southlake, Texas -
M E M O R A N D U M
September 8, 1989
TO: Councilmember Sally Hall
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Future Developments
-------------------------------------------------------------
The attached map has been prepared in order to acquaint you
with the new developments in Southlake and with those being
proposed for the future.
The areas colored in yellow will show the subdivision which
are in the process of being developed. The blue areas are
areas that are proposed for residential developments in the
future. Pink areas on the map identify commercial
developments.
I have listed the residential subdivisions and the number of
lots being planned for each area.
Southridge Addition Total lots 367, with Phase I
consisting of 70 lots.
Chapel Downs Addition Total lots 106.
Chimney Hill Addition Phase I, 34 lots, Phase II 39 lots.
Lonesome Dove Addition Total lots 109. Phase I, 48 1& -s-
and, Phase II, 61 lots. ��tS
Country Walk Addition Total lots 60.
u;llwnnd Addition Total of 15 lots.
Monticello Addition Total 125 lots in three phases.