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Item 4F M E M O R A N D U M March 14, 2012 To: Shana Yelverton, City Manager From: Ben Thatcher, Assistant City Manager st Subject: Ordinance No. 1029, 1 Reading, Reaffirming City Council’s support for a joint utilization partnership with CISD and setting forth the purpose and governance structure of the program; creating a Joint Use Committee; and abolishing the previously appointed seven member joint utilization committee. Action st Requested: City Council approval of Ordinance No, 1029 (1 Reading). Background Information: Joint utilization is a cooperative effort between the City of Southlake and the Carroll Independent School District to share existing facilities, equipment and park land for events, activities, or programs, recognizing that the joint use of facilities can benefit both entities and provide more efficient use of public funds. Joint utilization began in 1993 with the formation of an interlocal agreement establishing the general framework for the program, and the first appointed committee was tasked with creating the bylaws of the committee. Per those bylaws the committee membership consists of two City Council members, two members of the CISD Board of Trustees, one Parks Board representative, and two citizen representatives. The City and the CISD each appoint one of the citizen representatives. Last year as the joint utilization concept was entering its eighteenth year, both the City Council and School Board started to assess the program and its governance structure to see if it is still relevant. City staff authored a project briefing on the joint use program last June, and made a presentation to City Council at their summer retreat regarding the future of joint use. A couple of months ago at a January work session City Council gave staff direction that the joint use program was in need to be repurposed. This ordinance is intended to do that by proposing the following: 1. Reaffirms the City’s support for a joint utilization program with CISD; Page 1 2. Abolishes the former joint use committee and creates a committee to be made up of the entire 7 City Council Members and 7 School Board Trustees; 3. Designates the Mayor & School Board President as co-chairs of the committee; 4. States that the committee shall meet, at a minimum, annually; but they can meet more regularly as needed; 5. Outlines that a meeting quorum will constitute four members of City Council and four members of School Board; and 6. The administration of this program, including joint use agreements, will be managed by the City Manager and Superintendent or their designees. Financial Considerations: N/A Strategic Link: This ordinance aligns with the City’s strategic direction with the Focus Area of Partnerships and Volunteerism and the corporate objectives of C5-Promote opportunities for partnerships and volunteer involvement, and B2-Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: The current Joint Utilization Committee has been kept informed of this possible change. The CISD School Board is in agreement with the provisions of this ordinance and will act on it at their next board meeting. Legal Review: This ordinance has not been reviewed by the City Attorney, but follows the framework that was used when City Council repurposed the Drug and Alcohol Committee into S.P.A.R.K. Attachments: Proposed Ordinance No. 1029 Page 2 ORDINANCE NO. 1029 AN ORDINANCE ESTABLISHING A JOINT UTILIZATION COMMITTEE FOR THE CITY OF SOUTHLAKE; REAFFIRMING SUPPORT FOR A JOINT UTILIZATION PARTNERSHIP WITH THE CARROLL INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR COMMITTEE’S PURPOSE; PROVIDING FOR GOVERNANCE; ESTABLISHING MEMBERSHIP OF COMMITTEE; PROVIDING FOR MEETINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , City Council deems it advisable and necessary to reaffirm support for a joint utilization partnership with Carroll Independent School; and WHEREAS , the City of Southlake and the Carroll Independent School District both provide numerous facilities, programs and services to the Southlake community’s patrons and employees; and WHEREAS , the City has adopted strategic objectives to promote opportunities for partnerships, and collaborate with select partners to implement service solutions; and WHEREAS , one of the City’s corporate values is teamwork; and WHEREAS , both the City and the District may experience economies in sharing facilities, programs, and services in certain aspects of operation of each entity that would also benefit the taxpayer; and WHEREAS , City Council desires to formally establish a Joint Utilization Committee for the City of Southlake, to act as recommending committee to the City Council related to shared facilities and other services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Program Purpose . Joint utilization is a cooperative effort between the City of Southlake and the Carroll Independent School District to share existing facilities, equipment and park land for events, activities, or programs, recognizing that the joint use of facilities can benefit both entities and provide more efficient use of public funds. The two entities currently have in place several interlocal agreements for the joint use of facilities and other services. The committee shall review these agreements on a periodic basis to update the documents in regards to facilities, procedures, operations, and any other pertinent items. Page 3 Section 2. Program Governance . The seven member City Council and the seven 1 member School Board of Trustees shall make up the membership of the Joint Utilization Committee. Both the Mayor and the School Board President shall co-chair the committee and preside at all meetings of the committee. If either the Mayor or Board President is not present at a called meeting then the Mayor Pro Tem and/or Board Vice President shall chair the meeting in their stead. The City Manager and the District Superintendent or his or her designee shall be responsible for implementing and administering the programming and policies of the joint utilization program as outlined and adopted by the Joint Utilization Committee. Section 3. Meetings of the Committee . The City Manager and Superintendent shall schedule, at minimum, one meeting annually in order to discuss both the progress of joint utilization services and programs and explore other possible shared opportunities. Section 4. Quorum. A quorum of this committee shall constitute four members of the City Council and four members of the School Board. Section 5. Cumulative Clause. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 6. Savings Clause. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 7. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS ____ DAY OF __________, 2012. ____________________________________ John C. Terrell, Mayor 1 Establishment of membership abolishes the former seven member committee appointed by the City Council and School Board of Trustees. Page 4 ATTEST: __________________________________ Alicia Richardson, City Secretary PASSED AND APPROVED ON SECOND READING ON THIS _____ DAY OF ___________, 2012. _____________________________________ John C. Terrell, Mayor ATTEST: ________________________________________ Alicia Richardson, City Secretary APPROVED AS TO FORM AND CONTENT: _______________________________________ City Attorney Page 5