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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 A 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 M JOINT DEVELOPMENT OF SCHOOL PLAYGROUNDS AND MUNICIPAL PARKS Presented by: IM City of Grapevine Parks and Recreation Board Parks and Recreation Department A 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 0 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 N A 0 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 -2- 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. M -3- 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. A -4- M 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 -5- ram., A 21 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 I M. I • 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 -7- t i school and park facilities should supplement each other and l 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. -8- 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. -9- 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. -10- 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. -11- 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, LM recreational, and leisure time interests of all age groups from childhood to senior citizen. -12- 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 -13- V ., 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 -14- 46 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. -15- 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. -16- A:, 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 -17- 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. A -18- 19 21 A 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 -19- enacted law. As a result, no prohibitive barriers prevent 46, cooperation between school districts and local government A A 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. -20- A 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 -21- 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. 0 -22- 0 A 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 N N J, �7 O 1 1 v n r-n rn n n H M rt r• O H �J X c (D c r K G rr " H r f� D, rt 3 ro co r-- H 70 H " rr ^i O -3 n m (D ro 0 Ln a M v T r r• H r a N C rt 0 a a n r• r rt r 0 n �3 H 0 z A G 0 0 r•I 'T; rl rry n f.. r.. w a o a c) a q a = = n 7 < < 'D N D C C G G N N K C7 N r N = N 7 N N N O O < Q < 7 < 7 < rt rt 7 7 In N ;o O r a r• w r• r• r• r r n n C 7 r 7 to � N 7 r• r• In Vl 7" O z N r N H. N N n 7 () n O O O d '^ 7 G E3 ^_ n O" N N 7• O O y N• r• r• r- G r- In V7 O O n7 In :T N G H G. G, O. 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G. tl. r N r N ram- t- r• = F G W '< "< n N N N n 7 rt '< rt `< a n In n In n r w r* w N n 7 0 0 n 0 n n n n o O 0 O r O 0 O O O K K O O O r r r In In O O n n N r 0 O O O r, r. n K K r c n 7 y H z '3 r 7 C/1 H 'v z O H z n cr: z H 7 G z Hn rin H a K A. ro 0 C) y n 0 171ro r( r W O I> r, L C" J m IH m N 0 r c� (n H r r n �3 O C r (n �" �-C C N J n O N 7 O O O F- r V, O C rt G h7 o w o �J n O K G t- ?7 rt Q T� U H C H a. z s n 0 n rt N (D r• In M W n r� r r� rr K A O C ro C a r rr u, W G C` Gan ri F- G r C C a c CL U] a ;c n 0 rt W C 6 rr r Cu O '6 �--'D B r- n La rn 010 ro G rt rr rt r w n a W H N ro n K to N (D rt W rr t7 r- r( cn G n O N (D C N 7 w W O rt N (D C O (D L1 rr 0 s C a.xa r• 0 r O o W r D rS ? N C a rr a 00- (n C• x 7C (D !n H N r- rr rr N G O' (D '0 a W Hr �� ro r5 r( r W a a o n < rr rt r r-rt n n o (D (D C a t7 N Q. a O (n n (D N n .Q LT N C a rt r• r M g r• (D tr fD 5 w rt n Q. x� In r rr N 0 'D U) r r, 0 n b F3 H 0 z v �w JG:sh 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 n'A1.DEN & ASSOCIATES, Inc. 125 Last Dakcr Slim(, Suiic 125 Cobh N1csa, Call(vrnia 92uz (7 14 ) 549.8649 CIVIL. ENGINEERING LAND SURVEYING ........ ►•0 ♦....spin EXHIBIT "A" WO No r /0 Dal• 0. _ 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. 12.5 pjsl 1lnker Strr~•(, Suilc 150 Cnstr N1rsa. ('alJonlia 9JG'6 (714) 549-8649 CIVIL LN(;IN1:1A111)1: %i 7"1 n"'• �� T� AN10 .IiIIVI'\'INI; —n ►,,. jalf VE DA rA FLAT a- 90.0000• R - M. 00' • 50 ?1' tS� ti AO R • 3? 00' '• , �1 so �., N?8'4/'36'N 0.44' ap. �39 16 b• 3$ W � b Q z z 6'.82/ ACRES o �} 00 c� s cP SCA L E: C_) I'- !00'LQ r' ill LQ h es - �s W 89 3a v Z 2 c • � T �s5 N 4/•39'33'E 9 /8' -- f era `'G ° 8 PAL A4 L AVE. ?V _Po AE 0/�9�0� CXH�B�1 •D, g SNt 1Tf OF'"HILT{ ' ) LEGAL nl:PT] ON ' FOR ROAU1,'AY FASEME NT T)IRot)G1i �w 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 WO.No. 77-201 oIe��1�-�51 Engr. DW — Chk. - --- steel Ol_- A ��e►os�0 16� PAS lr/C B o y 6.82�AC'. rc n L b lb 5b°, �i 1r cc d �C A/Od'11'?S w 170.E o_ /o'Oj i4"e l' `L `d � 4S c� .. e q�'� e /7 131 AND ' /674,Qc. as ' h/BUf/SD o�,v�o L � o ff' EXHIBIT "c" WA LDEN & ASSOCIATES, Inc. WAIn Er•t Usker SUfet, Suite 123 Coela hies&, Calilm-nia D2G2G (714) 149.8649 CIVIL ENG1NEKRING t ♦Atf� el In �rv�•win I�SQ SS•�' OI�Z% 1 bo a�' • oa _ ti14.f'Zo'�d hl /i� So' �I o 143 ti 0 PLQ T 70 It Cl(�'•9� �fSC �%�T/DrV 7. PA-3 I U) ° L rm g, C Z m (D L I A U In I ..p 0 EMBIT "D" MAIN STREET m r C n c P P m D y II' L m 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.