1995-04-24CITY OF SOUTHLAKE
SPECIAL JOINT UTILIZATION COMMITTEE
Monday, April 24, 1995, 5:30 p.m.
MINUTES
Joint Utilization Committee Members Present: Rick Wilhelm, Co -Chairman, Buddy Luce, Co -Chairman,
Robert Glover, and Bethann Scratchard.
Staff Present: Kim McAdams, Park Project Manager; Kevin Hugman, Assistant to the City Manager; Bill
Branum and Ted Glowacki, CISD staff members.
Agenda Item #L Call to Order
Rick Wilhelm called the special meeting to order at 5:30 p.m. A quorum was present.
Agenda Item #2, Revised Joint Use Facilities Usage Agreement Draft
The committee reviewed the Interlocal Agreement for Park, Playground and Other Recreation Facilities which
d been tabled at the April l lth meeting. Rick Wilhelm mentioned Ted Glowacki's concern whether or not
rther the City or the District could proceed with repairs without having prior approval. Repairs can be made
as required, however, the reimbursement would be decided by the management committee [District
Superintendent and City Manager and/or their designees] as was discussed during the April llth meeting.
Bill Branum said there were some items he submitted to City staff to incorporate into the final draft of the
Agreement. They were:
1) Add facilities to the list as used for joint purposes. This was taken care of in Schedule "A" -
the list was changed and some of the facilities that would not be available this year were deleted.
Added the Carroll Intermediate Exercise room.
2) Add under Major Maintenance section the sentence, "Lack of use would prevent requests for
maintenance dollars. " The committee felt this sentence was not needed as the Agreement allows
the joint use management committee to work this out. It is understood that if a facility is not
being used for joint use purposes, it would necessarily not be eligible for funding. Buddy Luce
explained the background and rationale for this request, citing an example of a major repair
needed at Bicentennial Park and the possibility of an implied mutuality of costs expected from
the District because the original agreement sets out a 50/50-shared repairs provision, when in
fact, the District does not, and has not up until now, used the park facilities (with the exception
of a few practice fields occasionally used) and should not be required to participate 50/50 on
repairs. This Agreement under consideration tonight, specifically sets forth that only if approved
by both the District and the City, would such repair cost be both of their responsibility and this
satisfies this concern.
Special Joint Utilization Committee Meeting
April 24, 1995
Page 2
uddy brought up another concern about the Agreement. Under TERMS, page 5 and page 6, the term of the
Agreement was increased from two to twenty years. He suggested the agreement be left at two years with an
addenda at twenty years since the Agreement will be reviewed every two years. Rick Wilhelm talked about
the twenty year requirement to assure the citizens that the facility would remain a joint use facility.
Next the committee talked about indemnification. Kevin Hugman said the wording regarding "co-insured" will
be included in the Agreement, but will include also the statement, "to the extent as covered [allowed] by law."
Rick Wilhelm suggested looking into the differences between "co-insured" and "additional insured" and
explained that a "co-insured" policy may affect the rate where an "additional insured" would not affect the rate.
The committee agreed to modify the Agreement to include under Section 7, Indemnification, third paragraph,
the wording, "Each liability insurance policy carried respectively by the District and the City, shall name the
other party as an additional insured to the extent allowed by law with respect to the joint use facilities."
Buddy Luce recommended the wording on page 3, second sentence from the end of the first paragraph to say,
"Use of the City Property by the District for activities and programs; and if available, for activities and
programs not on the approved schedule. " The committee agreed to make this change. Kevin Hugman said
to make the Agreement consistent, the previous paragraph (page 2) will be changed where it says the same
thing regarding the District's property.
Buddy Luce made a motion to approve the Interlocal Agreement for Park, Playground and Other Recreation
Facilities and the Addendum #1 with the modifications [the two Buddy Luce referred to and the "additional
,ured" provision] as made at this meeting. Bethann Scratchard seconded the motion. The motion was passed
nanimously.
Item #3, Addendum #1, (Carroll Middle School Gym) to Joint Use Facilities Agreement
This item was considered in the above discussion and the motion was made to approve the Addendum #1 in
the motion to approve the Interlocal Agreement in agenda item #2.
Item #4, Adjournment
A motion was made and seconded to adjourn at 8:27 p.m. All were in fa
Wilhelm
, JUC, Buddy Luce
ATTEST:
Kevin Hugman, Ass tant to the City Manager
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