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2004-04-01 ** *Official Minutes * ** Approved by Joint Utilization Committee JOINT UTILIZATION COMMITTEE Minutes April 1, 2004 Joint Utilization Committee Members Present: Rex Potter, City Council Representative and JUC Chair; Steve Lakin, CISD Board of Trustees Representative and JUC Vice - Chair; Darla Reed, CISD Board of Trustees Representative; and Tom Stephen, City Council Representative Committee Members Absent: Donna Feuchter, CISD Board of Trustees Representative; Emily Galpin, Parks and Recreation Board Representative Staff Members Present: Malcolm Jackson, Director of Community Services, Steve Polasek, Deputy Director of Community Services, and Dr. Derek Citty, CISD Assistant Superintendent for Administrative Services Agenda Item No. 1. Call to Order Chairman Potter called the meeting to order at 6:00 p.m. A quorum of voting members was present. Agenda Item No. 2. Administrative Comments There were no administrative comments from staff at this meeting. Agenda Item No. 3. Consider: Approval of the Minutes from the January 9, 2004 meetings. A motion was made to approve the minutes. Motion: Lakin Second: Reed Ayes: Lakin, Potter, Reed and Stephen Nays: None Abstention: None Approved: 4 -0 Motion carried. Agenda Item No. 4. Discussion: Joint Utilization Analysis Report Director Jackson presented an overview of the draft Joint Utilization Analysis Report and asked members for their input. At the January 8, 2004 JUC meeting, City and CISD staff were asked to jointly review and analyze the costs associated with providing school facilities for joint use for City programs and events. The draft report under discussion is a detail of their findings. The report provides officials from both the City and CISD with background information, calculations and financial April 1, 2004 JUC Meeting Minutes Page 1 of 4 data, options, and recommendations to aid in decisions relating to the joint use of CISD and City facilities. A copy of the draft report dated March 1, 2004 is attached to the minutes. Director Jackson explained each of the sections of the report: 1) questions and answers; 2) analysis of costs relating to joint utilization; and 3) options and answered questions. Section 4, recommendations, was not discussed. The options presented were: Option 1 — Continue joint use in its present form; the City continues budgeting for joint use maintenance and improvements of $22,500; funding for joint use capital items will be considered on a case -by -case basis; and that the CISD will continue to receive joint use revenues from natatorium and CIS fields, which is approximately $8,200 annually. Option 1 results in approximately $30,700 in total City expenditures and CISD revenues. Option 2 — Continue conditions same as Option 1 ($30,700); with City expenditures for direct impact costs of joint use, which is estimated to be about $8,836 annually. Direct impacts costs are based on previous year's electrical use. Option 2 results in total City expenditures and CISD revenues of approximately $39,536. Option 3 — Exclude direct allocation of SPDC and General Fund monies; excludes City payments of joint use revenues to CISD from natatorium and CIS fields; the City expenditures for direct impact costs for joint use (estimated $8,836 yearly) and City expenditures for prorated costs for CISD maintenance /operations relating to joint use (approximately $29,186 annually); expenditures based on previous year's electrical use and maintenance /operating costs. Option 3 results in total City expenditures of approximately $38,022. Option 4: Involves expenditures based on previous year's electrical and maintenance operating costs and would exclude direct allocation of SPDC and General Fund monies; the CISD would continue to receive joint use revenues from the natatorium and CISD fields; the City expenditure for direct impact calls for joint use electrical and maintenance would resolve all that in the total City expenditure of CISD revenue of $46,222. Option 5: Discontinuation of the joint use agreement and processes; CISD to charge based on established rental fee schedule. Option 5 would result in a total City expenditures of approximately $712,575 based on the District's established fee schedule. Option 6: City would cease operations of joint use recreation programming; CISD would assume all programming responsibilities and then CISD would assume all revenues and expenditures related to joint use recreation programs. An additional option could be that the CISD would cease operations of joint use recreation programming and the City would assume all programming. Discussion: 3 -2 The committee generally agreed that the draft report was well done and was an excellent "first pass" although there are issues to be resolved. They offered several suggestions for refinements. Committee members recommended that the language in the report stating "Option 3 results in total City expenditures of approximately $38,022" be clarified to say "Option 3 results that the City would pay the CISD approximately $38,022 for electrical costs and maintenance and operation costs." The report shows the hours the City uses CISD facilities by individual facility in Exhibit D under "Estimated Frequency of Use" but did not show a grand total of hours of use. Could the report show a breakdown of the costs included in the $6,198,176 CISD maintenance and operating budget? Staff needs to revisit that calculation to verify whether janitorial fees were included, and if they should be. Exhibit D footnote indicated the operating cost for the District did not include employee salaries, however, other language in the report on Page 6 said salaries were included in the $6,198,176 figure. What are the variable costs of a use? Does the report treat each square foot as a commodity or should it? Does the report show the maintenance cost of individual joint use facilities per square footage? Is "wear and tear" included in maintenance and operations figures? Should it be? What does the District need from the City to break even on the marginal costs? After a lengthy discussion, the committee agreed the next step in producing a Joint Utilization Analysis Report would be to submit questions and concerns about the draft report to staff within the next week. Based upon how extensive or complex those questions are and how much time it takes of both staffs (CISD and City) to refine the report, which will include a review by Todd Thompson and Harry Engles with the CISD, the report will be brought back to JUC for further discussions at either the next regular meeting May 13, or at a special meeting earlier. Agenda Item No. 5. Discussion: CISD Project Update There are no projects under construction at this time. Agenda Item No. 6. Discussion: City Project Update A copy of the April 2004 City Project Update was included in the JUC packets. The report contained status information about various City road construction projects. Contact Deputy Director of Public Works Charlie Thomas (817.481.2175) regarding projects or construction status. Agenda Item No. 7. Discussion: Future Joint Use Facilities, Projects and Goals Ms. Reed had concerns about the use of non -joint use facilities being used for recreation programs, such as classrooms being used for a computer classes and summer camp programs as 3 -3 examples. The Joint Use Agreement does not include classrooms in the joint use provision as it is written and outside of the joint use agreements, the City should not be scheduling programs in district facilities. This item will be considered at the next JUC meeting and will include a listing of those programs that could be handled by the CISD instead of the City. Agenda Item No. 8. Adjournment The meeting,was adjourned at 8:45 p.m. - Attest: tev olasek, Deputy Director of Community Services Attachments: Item 4. Joint Use Analysis Report 3-4 Joint Utilization Analysis An analysis of costs associated with the joint utilization of Carroll Independent School District facilities for parks and recreation programs and activities. Southlake, Texas March 1, 2004 Joint Utilization Analysis An analysis of costs associated with the joint utilization of Carroll Independent School District facilities for parks and recreation programs and activities. The City of Southlake and the Carroll Independent School District (CISD) currently have in place interlocal agreements for the joint use of facilities. Periodically these agreements are reviewed in order to allow an opportunity to update the documents in regards to facilities, procedures, operations, and any other pertinent items. At their January 8, 2004 meeting, the Joint Utilization Committee provided direction for CISD and City staff to jointly review and analyze the costs associated with providing school facilities for joint use for City programs and events. The goals included providing a document that detailed the findings of the analysis and to report such findings to the Committee at their March 11, 2004 meeting. The intent of the report is to provide officials from both the City and CISD with background information, calculations and financial data, and recommendations from which suitable decisions can be made relating to the joint use of CISD and City facilities. The following analysis is comprised of four distinct sections relating to joint use. Recognizing that the City Council, CISD Board, and Joint Use Committee members are more familiar with the joint utilization process, the first portion of the analysis is geared towards educating the casual reader and provides question and answer style information relating to the history and background of joint utilization. The second section explains the methods and assumptions utilized in the analysis and quantifies the annual costs of several factors that relate to joint utilization of CISD facilities by the City. The third section offers various options for conducting joint use and section four reviews those options and provides recommendations for consideration by both the City and CISD as it relates to joint utilization of CISD facilities. Exhibits are also included which support the data provided in the analysis. This report is presented through the efforts of City of Southlake Director of Community Services Malcolm Jackson and CISD Chief Personnel Officer Dr. Derek Citty, in conjunction with assistance and input from numerous City and CISD staff members. The base data regarding maintenance and operating costs, facility square footage, frequency of use, revenues, and fees are provided based on staff review of current information obtained through both the City and CISD. Given the scope of the analysis and the complexity of the issue, the methodology for developing the report data does take into account some assumptions and general estimates which are detailed as such within the body of Page 2 document. Although the report was developed within a relatively short time frame using existing resources it provides results that are based on sound financial and operational data. I. Questions and Answers What is joint utilization? Joint utilization is a cooperative effort between the City of Southlake and the Carroll Independent School District to share existing facilities, equipment and park land for events, activities, or programs, recognizing that the joint use of facilities can benefit both entities and provide more efficient use of public funds. When did joint utilization begin? Joint utilization began in 1993 with the formation of the Joint Utilization Committee. The official interlocal agreement establishing the general framework for the program was approved in April of 1994. What is the Joint Utilization Committee (JUC) and what is their role? The Joint Utilization Committee consists of two City Council members, two members of the CISD Board of Trustees, one Parks Board representative, and two citizen representatives. The City and the CISD each appoint one of the citizen representatives. The JUC is charged with developing and adopting for recommendation to the City Council and CISD Board formal arrangements for the joint use of CISD and City facilities and /or special projects. The JUC also serves as an open forum for the discussion of various CISD and City subjects that may arise. Who benefits from joint utilization? The citizens of Southlake benefit from joint utilization due in great part to the interlocal cooperative efforts of the CISD and City. As a result citizens enjoy numerous opportunities to participate in educational, recreational, and athletic activities. These opportunities may include basketball, volleyball, swimming, classroom programs, special events, and youth sports activities. During the past year, over 6,000 participants have benefited from joint use opportunities through the City's recreation programs and another 7,500 at the CISD Natatorium. In addition the youth sports Page 3 associations consisting of approximately 3,000 players also benefit from their use of CISD open space areas for practice locations. What is the City's responsibility as it relates to joint utilization? The City develops, advertises, promotes, and operates the majority of programs offered through joint use. This includes providing clerical and administrative oversight, developing programs, locating instructors, drafting, designing, and printing the Southlake Scene brochure, accepting registrations, overseeing the use CISD facilities, and providing follow -up to ensure the activities met the expectations of the patron. What is the CISD's responsibility as it relates to joint utilization? The CISD provides facilities to include gymnasiums, classrooms, and open space areas for joint use programs. The CISD is responsible for general maintenance and operations of these facilities. How are joint use schedules approved? Joint use schedules are submitted by the City three times per year (summer, winter, spring) to the CISD. The CISD will review and approve the schedules as submitted, or with any modifications deemed necessary, within the appropriate timeframe as delineated in the Interlocal Agreement. This same process is also utilized for CISD scheduling of City facilities. What does the City contribute to the maintenance and improvements of joint utilization facilities? In addition to providing various educational, recreational, and athletic programs, the City also provides financial support to the CISD by way of major and minor maintenance, and joint funding for capital improvements. Examples of such are included within the body of the document. What facilities are included as part of joint use? The CISD provides gymnasiums, classrooms, activity rooms, open space areas on campuses (non - lighted, non - irrigated /irrigated), and the CIS field. A number of different park facilities are available for joint use from the City including the Community Center, Bicentennial Lodge, baseball, softball, and soccer fields, playgrounds, pavilions, tennis courts, and the in -line hockey court. A full listing of joint use facilities is attached as Exhibit A. Page 4 Under which agreements does joint use between the City and CISD currently operate? Two agreements currently exist as it relates to the operations of joint use. The most significant document is the Interlocal Agreement for Park, Playground and Other Recreation Facilities which also includes as addenda the agreement for the Carroll Intermediate School playing fee (Exhibit B). This document outlines the joint use process, identifies joint use facilities, and establishes the term of the agreement. The Interlocal Agreement for Joint Use of the CISD Carroll Intermediate School Playing Field outlines the City's responsibility for funding to include lighting the field and electrical costs, operations and field maintenance responsibilities, facility usage, and disbursement of field use fees. The second agreement is the Interlocal Agreement for Joint Use of the Carroll Independent School District Natatorium (Exhibit C). In general this document outlines the allocation of City funds towards the natatorium construction, defines operational requirements and responsibilities, outlines facility use and scheduling, and establishes the term of the agreement. How are proceeds used or shared from program revenues? All proceeds generated from joint use programs, with the exception of the natatorium and the CIS field use fees, are assigned to the entity providing the program. As noted, the exceptions are joint use programs at the natatorium where the City pays to the CISD 20% of gross program revenues for use of the pool with the remaining revenues paying for the contract instructors and program supplies. One - hundred percent of all other natatorium revenues for community programs such as open swim are collected and retained by the CISD. Field use fees at CIS are distributed evenly with the City and CISD each receiving 50% of the revenues directly related to use of the facility. II. Analysis of costs relating to joint utilization In order to provide an analysis that captures the true costs borne by the CISD for joint use programs, staff first determined what facilities were currently being used, their frequency of use, and how many square feet of space was employed. The amount of space utilized was derived by identifying the average size of a classroom, gymnasium, or other facility, including appropriate ingress and egress allotments. Frequency of use was determined based on the actual number of hours that programs and events were held by the City at CISD joint use facilities during 2003 and the identification of those amenities utilized (classrooms, gyms, other facilities). Recognizing the difficulty in determining the Page 5 area and frequency of use for outdoor open space areas this data was not calculated but rather included as a part of the total fiscal year 2003 -04 maintenance and operating budget. The information was compiled using existing data including joint use schedules for 2003 and CISD estimations for average facility size as it relates to gymnasiums, classrooms, and other facilities. This information then provides the key statistical components from which identified factors can be calculated. A number of factors and the methodology in which they were quantified were reviewed as part of the analysis of costs relating to joint use of CISD facilities. These factors include: • CISD maintenance and operating costs • the direct financial impact of joint use on CISD • current City budget for joint use maintenance and improvements • revenues received by the CISD for City administered joint use activities. Other factors for consideration include City contributions to date for CISD facilities and general operations. During this analysis it was assumed that capital outlay costs for CISD facility construction existed regardless of joint utilization and was therefore excluded from the calculations. This analysis also does not provide calculations for CISD use of City facilities due to their limited scheduling of City parks, ballfields, and other amenities. 1) CISD maintenance and operating costs include facility insurance, utilities, maintenance personnel, supplies, grounds, and other direct facility expenditures. Costs relating to joint use were derived by taking the fiscal year 2003 -04 CISD maintenance and operating budget ($6,198,176) for all campuses, athletic venues, grounds, and facilities. That number is then divided by the square footage of all CISD campuses. This figure was broken down further to an annual per square foot per hour cost that could be multiplied by the amount (square footage) and frequency of use (hours) by the City for joint use activities that occurred between January 1, 2003 and December 31, 2003 as demonstrated in Exhibit D. Using this methodology, the cost for CISD facility maintenance and operations as it relates to joint use in 2003 is $29,186. 2) The direct financial impact of joint use on the CISD is determined by identifying the electrical costs, in excess of regular usage, incurred by the CISD as a result of joint use programs. This cost was derived by isolating the annual electrical cost per square foot per hour for each Page 6 campus (Exhibit E). This cost was then multiplied by the amount (square footage) and frequency of use by the City for joint use activities that occurred between January 1, 2003 and December 31, 2003 as demonstrated in Exhibit F. The total direct impact was calculated at $8,836.74. 3) The current City budget for joint use facility maintenance and improvements is $20,000 in the Southlake Parks Development Corporation (SPDC) Fund and $2,500 in the General Fund. These funds are available for facility improvements and maintenance items relating to joint use. The City has budgeted $120,000 since FY 1998 -99 in SPDC and $36,500 cumulative since 1996 in the General Fund for joint use maintenance and improvements. The expenditure of funds on CISD maintenance related items is initiated by a request from the District. During certain years there have been no requests for funding assistance from the CISD. The City has expended approximately $24,000 for CISD related maintenance and improvements over the past three years. 4) Revenues received by the CISD relating to joint use activities include City payment to the CISD for natatorium use for the Southlake Stingrays swim team and related clinics in the amount of $7,404 in 2003. Revenues also include the Carroll Intermediate School field use fees, as outlined in the interlocal agreement, which are distributed equally between the City and the CISD. The City and CISD each receive fifty percent of the revenues directly related to the use of the facility with the CISD and City each having received $1,510 since the Fall of 2002. It is also appropriate when weighing these factors to consider City contributions for CISD joint use facilities and general operations. To date, the City has provided over $2.3 million towards joint use facilities. In addition the City also supports and assists CISD operations through infrastructure improvements resulting from new schools, waiving of development fees, the teen court program, and school resource officers. This assistance is valued at approximately $6.0 million. This financial support, when combined with expenditures for joint use facilities, represents over $8.0 million that can be attributed to City assistance of CISD related operations (Exhibit G). Page 7 III. Options As with any analysis of this scope there are a number of different options that can be garnered from the information derived. Staff reviewed the data and determined which options best represented the various levels of probable joint use participation between the City and CISD. In determining which options to present several factors were considered to include current joint use agreements, the present financial concerns faced by the CISD as it relates to school funding, the direct financial impact of joint use programs on CISD, equitable cost sharing for actual facility use, and CISD fee schedules for general facility rentals. Based on these views, the following set of options are presented for consideration. Option 1: • The City and CISD continue with the operation of joint use in its present form. • Existing interlocal agreements remain unchanged and City continues to budget funding for joint use maintenance and improvements at its present level ($22,500). • Joint use capital project funding would be considered by the City and CISD on a case by case basis. • CISD would continue to receive revenue from the City for joint use programs at the natatorium and CIS field fees (estimated at $8,200 per year). • Results in total annual City expenditures and CISD revenues of approximately $30,700. Option 2: • Continuation of conditions defined in Option 1 ($30,700). • City would pay costs resulting from the direct impact of joint use at CISD facilities resulting in an additional annual fee estimated at $8,836.74. • The City would pay the annual fee to the CISD based on the previous year's electrical use. The fee would be calculated using the methodology presented in this report as it relates to frequency of use, square footage allotments, and site specific electrical costs. • Results in total annual City expenditures and CISD revenues of approximately $39,536.74. Page 8 Option 3: • Excludes direct allocation of SPDC and General Fund monies for joint use maintenance and improvements. • Excludes City payment to CISD the revenues (aquatics and CIS field) as outlined in Option 1. • Payment to CISD of costs resulting from the direct impact of joint use at CISD facilities ($8,836.74). • Payments to CISD for the prorated costs for CISD maintenance and operations relating to joint use ($29,186). • The City would pay the annual fee to the CISD based on the previous year's electrical use and maintenance and operating costs. The fees would be calculated using the methodology presented in this report to include frequency of use, square footage allotments, and site specific electrical costs. • Results in total annual City expenditures of approximately $38,022.74. Option 4: • Excludes direct allocation of SPDC and General Fund monies for joint use maintenance and improvements. • City would provide to CISD the revenues (aquatics and CIS field) as outlined in Option 1 ($8,200). • Payment to CISD of costs resulting from the direct impact of joint use at CISD facilities ($8,836.74). • Payments to CISD for the prorated costs for CISD maintenance and operations relating to joint use ($29,186). • The City would pay the annual fee to the CISD based on the previous year's electrical use and maintenance and operating costs. The fees would be calculated using the methodology presented in this report to include frequency of use, square footage allotments, and site specific electrical costs. • Results in total annual City expenditures and CISD revenues of approximately $46,222.74. Page 9 Option 5: • In lieu of the existing joint use agreements and present revenue arrangements, the CISD would charge the City for use of their facilities based on the rental rates as outlined in the current fee structure (Exhibit H). • This would result in annual fees to the CISD estimated at $712,575. Option 6: • The City would cease operations of joint use recreation programming. • CISD would assume all programming responsibility. • CISD would assume all revenues and expenditures relating to recreational programming. IV. Recommendations Staff analyzed the options listed above and reviewed each in regards to the numerous factors and issues presently surrounding joint use while recognizing that certain limitations exist within each organization. Option 1, to continue joint use as it presently exists, has proven to be successful in many regards over the last ten years but does posses some shortcomings as it relates to shifting financial capacities. Given the current school finance issues faced by the CISD, Option 1 can be perceived to place an additional financial burden on the District due to the limited reimbursement of expenses. As a result, it is recommended that Option 1 only be considered if both parties can agree, based on the data provided, that the financial impact is of an amount that CISD can continue to absorb. Option 2 which suggests City payment of fees resulting from the direct impact of joint use at CISD facilities for electrical costs, in addition to the stipulations currently in place for joint use operations under Option 1, does provide an avenue to reimburse to the CISD some of the costs as it relates to facility use. While this Option does move towards decreasing the operational expenditures of the CISD, it does not take into account other operational costs such as grounds maintenance and irrigation, water usage, supplies (paper towels, toilet paper), general custodial, and insurance costs. Page 10 Option 3 considers prorated costs associated with electrical and general maintenance and operations. It suggests removing the annual joint use maintenance and improvement funding allocation by the City and replacing it with a lump sum payment to encompass all of the factors mentioned above. Option 3 also eliminates the payment to the CISD of revenues associated with joint use of the CIS field and aquatics center. This option provides a more equitable alternative to achieving a neutral financial impact on the CISD as it relates to City utilization of school facilities for joint use activities. Option 4 considers prorated costs associated with electrical and general maintenance and operations. It suggests removing the annual joint use maintenance and improvement funding allocation by the City and replacing it with a lump sum payment to encompass all of the factors mentioned above. It also allows the CISD to continue to realize the revenues associated with joint use of the CIS field and aquatics center. Similar to Option 3, this selection provides a more equitable alternative to achieving a neutral financial impact on the CISD as it relates to City utilization of school facilities for joint use activities. Option 5 suggests applying the CISD fee schedule to joint use facility usage. This option would create an insurmountable financial burden on the City that would likely result in the elimination of some, if not all, joint use programs. Those programs that may be able to continue would incur a significant and identifiable surcharge fee that would be applied to all registrants. As demonstrated by the financial data contained within this report, the implementation of this option also represents a substantial difference in revenue to be gained by the CISD as it relates to actual expenses to accommodate joint use activities. In conclusion, Option 4 is not recommended due to the damaging effects it would have on future joint use programs, its failure to meet community expectations for recreational and educational activities, and the overall harm it may cause to present and future City and CISD joint use opportunities. Option 6 proposes the City cease offering recreational programs and events and the CISD assume the responsibility for providing these activities to include all associated revenues and expenditures. This option is not recommended for a number of reasons including the City's familiarity with providing recreational programming, the significant disruption in services that would likely result from the transition, and the direct financial impact on the CISD relating to providing such programs. Page 11 Furthermore, this option may lend itself to the limitations of future City and CISD cooperative joint use opportunities. City and CISD staff members are grateful for having had the opportunity to explore the joint use system and provide general recommendations which may lead to the enhancement of the current process. Staff is ready and available to address any questions or comments regarding this report and is prepared to move forward with the process of developing an implementation plan based on the direction provided by City Council and the CISD Board of Trustees. Page 12 Exhibit A Exhibit A - Joint Use Facilities DISTRICT PROPERTY Carroll Elementary Location 1 Backstop practice area South of Building 2 Soccer practice fields (south of building) South of Building Open Field South of practice field Gym Outside Basketball Courts Durham Elementary /Intermediate Location Gym Office /Storage Gym /Recreation Center Exercise Room Cafetorium 1 Soccer Game Field North of Building 2 Soccer practice fields East of Building 1 Backstop practice areas East of Building Outside Basketball Court South & North End Johnson Elementary Location Backstop practice areas East- behind playground 2 Soccer practice fields (east of building) East- behind playground Gym Open Area North of Building Old Union Elementary(Available Fall of 2002) Location Open play area (soccer fields) West - across channel Backstop practice area South of visitors parking Rockenbaugh Elementary Location 2 Soccer practice fields East of Building 2 Backstop practice areas East of Building Gym Carroll Intermediate Location Six (6) outdoor basketball goals Football field Gym Practice ball field (lighted) West of football field Carroll Middle School Location Gym I M:\ contracts \JUClnterlocal2001Final.doc January 31, 2002 6 Exhibit A (Continued) - Joint Use Facilities Gym 2 Activity Room Gym Office /Storage 2 practice fields South & West of Dragon Stadium 2 football fields South & West of Dragon Stadium Eubanks Intermediate and Dawson Middle School Location Gymnasium Eubanks Intermediate Multi purpose fields (Available Fall of 2002) Southwest corner of property CITY PROPERTY Bicentennial Park Community Center The Lodge 7 Ballfields (lighted) F #1 for High School Girls Softball 2 concession stands 2 public tennis courts Tennis Center (13 tennis courts) 3 outdoor basketball courts Adventure Alley playground Pavilions In -line hockey facility (lighted) 2 backstop practice areas Open field (near 1709 entrance) Koalaty Park (Adjacent to Carroll Elementary) 4 Backstops Lonesome Dove Park (Near Carroll Middle School) Pavilion Playground Open field Bob Jones Park 13 soccer fields 6 practice soccer goals Open field (adjacent to practice goals) St. Martins in the Field 2 practice soccer fields M:\ contracts UUCInterlocal200lFinal.doc January 31, 2002 7 Exhibit B INTERLOCAL AGREEMENT FOR PARK, PLAYGROUND AND OTHER RECREATION FACILITIES STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City," and the Carroll Independent School District, a special purpose unit of government organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "District." WITNESSETH: WHEREAS, the District presently maintains and operates several school campuses, athletic facilities, and playgrounds in the City and plans for more school sites, athletic facilities, and playgrounds in the City in the future; and WHEREAS, the City presently maintains and operates several parks, athletic facilities, and playgrounds and plans for more parks, athletic facilities, and playgrounds in the future; and WHEREAS, both the City and the District have determined the need for providing certain recreational facilities for schools, as well as for the general public; and WHEREAS, both the City and the District have recognized that the joint use of school recreational facilities and City recreational facilities can benefit both entities, recognizing that school properties and facilities are intended primarily for school purposes and that the educational needs of children are the highest priority; and WHEREAS, the District, through its Board of Trustees, desires to continue to cooperate with the City, through its City Council, in the joint construction, funding, operation, maintenance and /or use of certain recreational joint -use facilities for the enjoyment and benefit of all citizens. NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the District and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the District do hereby contract, covenant, warrant and agree as follows: M:\ contracts 'JUCInterlocal2001Final.doc January 31, 2002 1 I. SCHEDULING (A) The District Superintendent or his or her designee and the City Manager or his or her designee shall be responsible for implementing and administering the scheduling policies of this Agreement. (B) The City shall be entitled to use the District recreational properties listed on Exhibit "A" attached hereto (hereinafter referred to as the "District Property "). The District shall be entitled to use the City recreational properties listed on Exhibit "A" attached hereto (hereinafter referred to as the "City Property "). Exhibit "A" shall be reviewed and updated annually, and approved by the District Superintendent and the City Manager. (C) The City shall be entitled to priority use of the District Property upon approval by the District of a schedule of City activities and. programs. A schedule of City activities and programs utilizing District Property shall be submitted three times per year in accordance with the following schedule: Summer (June - August): submit by January 31; approved by Feb. 15 Winter (September — December) submit by April 30; approved by May 15 Spring (January - May) submit by September 30; approved by October 15 The District shall approve the schedule as submitted, or with any modifications deemed necessary by the District. The City may use the District Property for its authorized activities and programs; and if available, for activities and programs not on the approved schedule. (D) The District shall be entitled to priority use of the City Property upon approval by the City of a schedule of District activities and programs. A schedule of District activities and programs utilizing City Property shall be submitted three times per year in accordance with the following schedule: Summer (June - August): submit by January 31; approved by Feb. 15 Winter (September — December) submit by April 30; approved by May 15 Spring (January - May) submit by September 30; approved by October 15 The City shall approve the schedule as submitted, or with any modifications deemed necessary by the City. The District may use the City Property for its authorized activities and programs, and if available, for activities and programs not on the approved schedule. II. SCHEDULE CHANGES The District Superintendent and his or her designee and the City Manager and his or her designee are authorized to make changes to the approved schedule of activities as they may agree upon throughout the term of this Agreement. III. PUBLIC RESERVATIONS M:\ contractsUUClnterlocal2001Final .doc January 31, 2002 2 Reservations of the joint -use facilities may be made by the general public on a first -come, first- serve basis, subject to the prior scheduling by the District and City. All reservations for joint -use facilities as outlined in Exhibit "A" will be coordinated through the owner of the facility, be it the District or City. IV. MINOR MAINTENANCE Generally, the District shall be responsible for maintaining the District Property; and the City shall be responsible for maintaining the City Property. Maintenance will include, but is not limited to, janitorial services; utilities; minor (less than $5,000) maintenance, repair, or replacement; and general upkeep and grounds care. The user of the facility shall have the option to perform the minor repairs under their applicable procedure, and shall notify the owner of any repair work performed. Minor maintenance (under $5,000) of joint -use facilities should be performed using the applicable work order procedure of the City or District. General oversight of maintenance costs of such joint -use facilities will be the responsibility of a Joint -Use Management Committee consisting of the City Manager and /or his designee, and the District Superintendent and /or his designee, who shall meet on a quarterly basis. Specific minor maintenance costs for which cost- sharing will be addressed by the Committee are listed in an exhibit attached hereto as Exhibit `B ". For planning purposes, the District shall submit a Summer schedule for maintenance items to the City no later than December 31 of each year. V. MAJOR MAINTENANCE Major maintenance, repair, replacement, or improvements of joint -use facilities, which cost over $5,000 per occurrence, and only if approved by the District and the City, will be the joint responsibility of the District and the City. If either party declines, then the other party has the right to perform the maintenance, repair, replacement, or improvement, and assume the full financial responsibility thereof. The District and City budgeting process should allocate for major planned maintenance needs. General oversight of maintenance costs of such joint-use facilities will be the responsibility of a Joint - Use Management Committee consisting of the City Manager and /or his designee, and the District Superintendent and /or his designee, who shall meet on a quarterly basis. Specific major maintenance costs for which cost - sharing will be addressed by the Committee are listed in an exhibit attached hereto as Exhibit `B ". VI. USER RESPONSIBILITIES The user of a joint -use facility shall furnish and supply all materials and supplies necessary for carrying out its program and shall be subject to the reasonable rules and regulations set by the respective governing body, or other designated entity, of the City and /or District. At the completion of each use, the party responsible for supervision of an activity at a joint -use facility is responsible for performing minor janitorial, grounds- keeping, and security duties as specified in an exhibit attached hereto as Exhibit "C ". VII. INDEMNIFICATION M:\ contractsUUCInterloca12001Final .doc January 31, 2002 3 With respect to the District Property, the City does hereby agree, insofar as permitted by law, to hold harmless the District from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the District Property for a City activity during the time the City is conducting the activity on the District Property. With respect to the City Property, the District does hereby agree, insofar as permitted by law, to hold harmless the City from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the City Property for a District activity during the time the District is conducting the activity on the City Property. Each liability insurance policy carried by the District and by the City, shall name the other party as an additional insured with respect to joint use facilities, to the extent as permitted by law. VIII. TERM The term of this Agreement shall be for a period of twenty (20) years beginning from the date of execution of this Agreement. This Agreement shall be automatically extended for additional five (5) year periods, unless terminated in writing by either party at least sixty (60) days prior to the end of the original term or any extension thereof. If either party wishes to discontinue this Agreement at any time other than that specified in the previous paragraph, written notice with reason to terminate, must be given at least six (6) months prior to termination. If the term of any addenda attached hereto remains in full force and effect past the termination date of this agreement, then this agreement shall also remain in full force and effect until expiration or termination of the addenda. This Agreement and exhibits shall be reviewed by both parties on an as needed basis. IX. ENCUMBRANCES Neither party to this Agreement shall, without first obtaining written consent of the other party, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet the District Property or City Property or any part thereof. X. CLAIMS Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or immunities provided to the parties under the Texas Tort Claims Act, Sections 101.001 et seq., of the Texas Civil Practice and Remedies Code. XI. ADDENDA The parties agree to continue to search for new areas of cooperation and to that end shall meet together regularly, along with interested community groups and appropriate City and District administrative officials. The parties may enter into separate "joint utilization agreements" for the construction of joint -use facilities where such activities are deemed to be in the best interests of the parties. Each joint utilization agreement shall set forth the specific terms and conditions under which M:\ contractsiUClnterlocal2001Final .doc January 31, 2002 4 such activities are to be conducted. Separate "joint utilization agreements" for operation, maintenance, and /or use of joint -use facilities may be entered into as addenda to this agreement, when such activities are deemed to be in the interests of the parties. These addenda shall identify exceptions or additional requirements to this agreement as may be deemed necessary and proper. XII. ADDITIONAL AGREEMENTS This Agreement contains all of the agreements made by and between the parties hereto regarding the use of District Property and City Property and no additional agreements or understandings shall be applicable to the use of District Property or City Property unless first agreed to, in writing, by the parties. XIII. VENUE This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is filed by either party arising out of the terms and provisions of this Agreement, venue for the lawsuit shall be in Tarrant County, Texas. XIV. AUTHORIZATION The undersigned officers of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. Each party hereto certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. Executed this ( 5 411- day of / '1 f z _ , 2002 in Tarrant County, Texas. CITY OF SOUTHLAKE (CITY) CARROLL INDEPENDENT SCHOOL DISTRICT (CISD) By: Of �t.. By: <-77-'44La/(77 Rick " tacy, Mayor Robert Glover, President Board of Trustees Date: " ����� Date: 1—/7 -e s oUTHI, ,,,, ` 0 • ATTEST: ATTEST: r • Ci' Secretary (a il) 'S �' "'��r ;;,,,,,,,,,,, , J earol Parsons, Secretary Board of Trustees M:\ contracts \JUClnterlocal2001Final.doc January 31, 2002 5 Exhibit A - Joint Use Facilities DISTRICT PROPERTY Carroll Elementary Location 1 Backstop practice area South of Building 2 Soccer practice fields (south of building) South of Building Open Field South of practice field Gym Outside Basketball Courts Durham Elementary /Intermediate Location Gym Office /Storage Gym /Recreation Center Exercise Room Cafetorium 1 Soccer Game Field North of Building 2 Soccer practice fields East of Building I Backstop practice areas East of Building Outside Basketball Court South & North End Johnson Elementary Location Backstop practice areas East- behind playground 2 Soccer practice fields (east of building) East - behind playground Gym Open Area North of Building Old Union Elementary(Available Fall of 2002) Location Open play area (soccer fields) West - across channel Backstop practice area South of visitors parking Rockenbaugh Elementary Location 2 Soccer practice fields East of Building 2 Backstop practice areas East of Building Gym Carroll Intermediate Location Six (6) outdoor basketball goals Football field Gym Practice ball field (lighted) West of football field Carroll Middle School Location Gym l M:\ contractsUUClnterlocal2001Final .doc January 31, 2002 6 Exhibit A (Continued) - Joint Use Facilities Gym2 Activity Room Gym Office/Storage 2 practice fields South & West of Dragon Stadium 2 football fields South & West of Dragon Stadium Eubanks Intermediate and Dawson Middle School Location Gymnasium Eubanks Intermediate Multi purpose fields (Available Fall of 2002) Southwest corner of property CITY PROPERTY Bicentennial Park Community Center The Lodge 7 Ballfields (lighted) F #1 for High School Girls Softball 2 concession stands 2 public tennis courts Tennis Center (13 tennis courts) 3 outdoor basketball courts Adventure Alley playground Pavilions In -line hockey facility (lighted) 2 backstop practice areas Open field (near 1709 entrance) Koalaty Park (Adjacent to Carroll Elementar)) 4 Backstops Lonesome Dove Park (Near Carroll Middle School) Pavilion Playground Open field Bob Jones Park 13 soccer fields 6 practice soccer goals Open field (adjacent to practice goals) St. Martins in the Field 2 practice soccer fields M:\ contracts \JUCInterlocal2001Final.doc January 31, 2002 7 Exhibit B — Annual Maintenance Cost - Sharing Minor (Under $5, 000) • Preparation of gym floors and re- application of gym floor finishes, twice yearly Carpet cleaning Repainting • Repairing or replacing damaged backboards, goals, and other shared sports equipment • Soil additions for joint -use fields • Seeding and other turf improvements necessary for all-season use • Other minor damage to property or equipment directly caused by a joint -use activity • Minor improvements to property or equipment, in an existing joint -use facility, which benefits both the District and the City Major (Over $5, 000) • Resurfacing and restriping gym floors • Carpet replacement • Irrigation installations and maintenance • Outdoor lighting installations and maintenance • Other major damage to property or equipment directly caused by a joint -use activity • Major improvements to property or equipment, in an existing joint -use facility, which benefit both the District and the City M:l contracts UUCInterlocal2001Final.doc January 31, 2002 8 Exhibit C — Event Supervisor's Facility Duties The supervisor of a joint -use event is required to complete an Event Report Form, which includes a checklist of tasks to be completed immediately following each joint -use event. The Event Report Form is to be left with the facility owner in a designated location following each joint -use event. The checklist of tasks should consist of the following details. Janitorial • Sweep floors and mop -up spills • Check entire area, including restrooms, for litter • Flush all toilets and urinals, and make sure each one shuts off • Check all lavatories and water faucets to make sure water is shut off • Empty all trash into dumpsters • Turn off lights, if there are no other events scheduled immediately • Report any damages of faulty equipment on the Event Report Form Grounds- keeping • Pick up all litter • Empty all trash into dumpsters Security • Check all perimeter doors, and secure them • Report any unsecured areas or damaged locks to the facility owner or designee Some maintenance items must be addressed immediately in order to safeguard against flooding, fire, safety, or security incidents. Report such items to the facility owner or designee immediately. Emergency phone numbers are to be provided by the City and the District for each event supervisor. M:\ contractsUUClnterlocal2001Final .doc January 31, 2002 9 Exhibit C — Event Supervisor's Facility Duties Event Report Form Event Supervisors must complete all tasks listed below. When completed, return this form to the designated location for this facility. CHECKLIST Sweep floors and mop -up spills. Check entire area, including restrooms, for litter. Discard all liter into proper containers. Check all perimeter doors and gates and secure them properly. Flush all toilets and urinals, and make that each of them shuts off. Check all lavatories and water faucets to make sure that water is shut off. Empty all trash into dumpsters. Turn off lights (if your group is the last one using the facility). REPORT Please list any damage to the facility or equipment: Please list any other needs pertinent to the maintenance of this facility: Lost and Found Items /Other: Name of Event Supervisor's Signature Date M:\ contracts \JUCInterlocal2001Final.doc January 31, 2002 10 --- ----- -------- ---------- --- — ---- ------- --- - -: ... Exhibit One Koalaty Park and Carroll Elementary 1. , --r ---- ■ _.-- Carroll Elementary School ' 1----------- tt ---- ! ' 111---T-Playground Four (4) backstop ' . practice areas \ ,...,:.:::;,,,:- '---- \.------__ /- ', 7 7 .----- - - One'(1) backstop , ; , I . , , • A ----- ,,,,,'! ',„ ! „i I practice area , -.. Open Space \ k----- - / i '---- 1 \ , ------._ practice area \ / :- -- 'T ---- --Two (2) practice /\ soccer fields Two (2) Outdoor \ , 1 , ! • unlighted basketball • • , ., courts \ , - , ._?:•• !, , , . ,---• , • • Open Space \ , . practice area •-- ! . • , I .. i . - . i I I i - . . Poi.shp . • Carroll Elementary and + - Juf shp Private ‘-----r.---1 Commrn ura! •,--------; Chsh Spa r - ; Duthia •, Koalaty Park , . Nalqhdochcal IINt, Ft:furs Padahases ! ' CISO Asht Usa P-sperhy i ET CI50 Prsperh/ :•::: Uncs•oalopea CISD P•Nerh• i ...■ . K.lar 15C Joira '. aa Pn24. KalIe Proc*.ay us • N - Grapeilha Rgssr,sir Parc,als.shp . • 74.1 /;....... • S No Scale City of Southlake -- ' Geographic Information Systems . - • 1 Exhibit Two Durham • • j Elementary/Intermediate Schools `' E Open Space 7 : practice area----._ j i__ One (1) soccer 1 game field 1 Two (2) outdoor i Carroll Junior High . basketball goals Two (2) unlighted (unlighted) ` soccer fields ; • Pfayground� �; Two (2) backstop j' -y practice areas Durham i / . Elementary/Intermediate 1 School,` j One (1) outdoor unlighted basketball court i i 1 - Durham . � ; • Pc.shp Elementary /Intermediat u uf.shp Prh,aee ::;; Caen Soa e Duthia Schools Negr°QI,` �ture P chases C - nint Use P•. pasty • H GISO Ftcp9Tj : U:.ca•.relopec'JISO Property Keller 150 .oint Use P-7.,› Kr., Ke115r ISO P + US C _f S,]Inecrs Grape<me Rasenrcv Parcalssnp \ R .W l � E ' 5 • City of Sclsthlake I - vurham.E:emsntarvnnre -- ;diets NO Scale Geographic Information Systems • - -- I • , .,. Exhibit Three: Johnson f:., - , :-'!i• Four (4) Outdoor Elementary and Carroll 4 basketball goals ' I Intermediate Schools r / Open Space , k : . i ,-- ---- area el . Jack D. Johnson Elementary • , • i 1 \,,, ii One (1) out;cloor , N basketball Court ii- • i 7 i \ Two (2) soccer , i l I.Ir practice fields (unlighteCI) ,/, •Playgroupds L' I - • • I i _ :• . , . . • i \ ; ; ! Carroll Christian Fellowship Carroll Intermediate School - 1 1 i - One (1) In-Line i ! i 1 hockey rink • - One (1) backstop — I 1 1T 1 (unlighted) 1 ,7" --- ---- I I I prattice area ----___ •-\ ,- ' ,-- --Football field - . - 1 • . • , I , 1 I , — + . Johnson Elementary and • Pcm.4rp •,,------------; Private Carroll Intermediate School Cornmunrry ■ • Neigl-5,1(Nood I FAA's Pvc^alas H 1. , 1 1 : c 0 c P:o"; ...—.....—."- i ■..........■ 771 12, CIED P•nps , - q 1.(.11rl 41 •A . F. .rafr L. P . ' •3 - :,c4:71/ 1 N a i.:;: , :.;; D s ,,t r.;-,..; Grapsvre Pezer , :•,r Parcgls .:17., . Jo' \\•• -.or _ -■ * , ■ r ,• • City of Southla . . No Scale , ..y,r,r.,rvCarr,i1 ;o:6,71.dlar.■ Geographic Information SyC-tei" i • _______ ______ .__________..... _ ._____ _. • . , ---__-__ , If Deacce ation t - cking - lanc - *s It . , N proceed round the lock on to reezeway . , .• . . . NO PARKING ALLOWED - ---- .. --, . , ..... ...-- „ ....-- / /( - - - --- ..- _ 4/ ( / . , - Administra .,ve .7,z _ Park .,... - - - ' 4-'7 /' .... : : .( .- - .- 7 7 -;;;;/;,,,,;;;,, / 7„, , ,,, , ...,;;.,:;? • ---_, _....fil■ _ 0 _._—_-_:____ -. 1 ......_ ,,,,...,..,.., /:,.,„..,.... ., . \-\\:\,... \,__ ....... • 4 , , , -- \.... if---,// _ _ .. .--,.. 2 ng Student Dros-Off& Pick A th ccess to the Bus -. - - s / -:--------- - .-----. ---. - . -,.. / Loop for exiting is only • allid if buses are not present. '-,...„.„. :11 • • - - ... , ::. , 0'..-</ _::; •;; i!ri-i „ifik:KIARA \\ • ' - '1: wtwrft'A o • 6 x::;:liod ,- 0.44tetfivytioex . o.p:r;:i . A , 1)::TizAt:i?,i.:vi,,:vv . !.tTPA , :,:ti. .T.4'04:1;:l,•,•,ifil,.•140likkiestRU:i.'.i.'..ii=iviitIV.,:rli:it.-.4:;0i'DV•41cl•wrAtiql.:4;.:•;,i:.ti:: 1.:74 1 i I i7i-4 itafra 11...:ipolnifi :!4•4;-.0.47, . ..,::i0.1:r,74,44:1.:',',tit•A':iiT,,,iit,-J-R,74,lk.'iMi::,:kill;:1405giklili',.-Ut.'0.4'n':'-"' . : l';i1.11-,-7 4:11 -- A: Cili:40.0.-...1 ''''''AVV01:0.14.gligitt,101:5,••'61001,4 t.:i. i il,,,7ttii.7 .-) 0 1 NI .., F I ELD etir"*.ta 0 , ta • ; 4•4 A;' , :tUlA , l;k1;l 1 -1:?:' , •• , :! , ; • ;; ; ;' , ;•; , :':•:t , :;'*• , -etWiy , . , 4-:;:r,Y,P,a"; , , , n,7: , '•,,,, , 4:,, , , , : - - • :"... - „-- 45 ktsi'-:;',7 Overflow Stac' ing • zee. .v,.4 .', . mt A ----- --...<a• . , ",,,,viwo,i,K,:td,N11,-,,J,,,,::-.,;!,,,,i:.7::::.:::,t,,,,]:.,,,,;,144:,..kre3:y:,;-,,,,,,.::;..., . iii 1.-: space on Bree.eway :•.,,',.V.-,..'4,i,'%qAtiT.Ifx•,i,.:1-'itg:',04::t;4,-,f.',A,::.41,,,i.;47,:,:r.k:,'::::t1,4,:ri:ip:::, 0 It' ::4417 4fi'MitNi# - 0 'U. '.::,' . • • '::.::,::- ' b : . ,...) 4 • . - , :1' !!I i, i k •,.• , /4 ! , i,,, ° 0 0 0 • 1111 ti ii l 0 • 140 .4 . : =iii.til•II:r • Q) 0 • -- 40:ig . . ,,,,, ---- - -0- —,, ,., , i 1 ft:IP • 1 2 ---,„ 0 ) 0 hi Hi 411; _____ 77 \ \ ,f r _ n . ) 0 •,,,- • , \ - _ \\ - PLAY - F L D / 1) . ADA .- ‘2, -- ----____-------__ OD • \ `• Wi . Playground a. .,-:...----- -----------„ (; 0 ----...:::„. t, „ , , 0 F5 P19-.1 0 in 7 / ... 4 t ,001111 North 1 Ti.r..4•0' i _ -- • ----r-T-- . OP 11141P j 1, 0 0 Continental Boulevard • — --. --- -- - ----------- -- --- — —• --• -- — . ' -. . j Old Uniori ElemeiTtary opff fli --- -O - ck-up Flow .- � I Exhibit Four: Two (2) backstop Rockenbaugh Elementary h practice areas i I 1, .;.--Playground • ,• Robert H.,Rockenbaugh Elem. j O Two (2) soccer pen Space Practice area praZ fields I � _ Rockenbaugh Elementary .� Ls�ip Privata /tom L a Connunfir Dut la - - Fay :Ca .� Naynbor` ua o " P•a.ra Purc^a; as CIEG :Dint Csa Pr: -;arty CISD P;opsr!y Keller ISO ;;net G7 P'opsrty K ISD Pic orty l.5 ailer CorG -s of Fnr,j_ i ." Paser,^ r \ Pal- PIS... ^p E s City of Scuthlake No Scale Geographic Information Systems �:::henaaugh E: Pr- - ' . .. • ' ; 1 . 1 N , • . : Exhibit Five: Li ! ! Carroll Middle School I. . 1 , , 1 I • • ..- . 1 - - • Two (2) practice -e . •--•--,:,. -4---- ••••••,.. • fields . . Two (2) football , - ..--:--: -- fields I ,. Dragon Stadium . ., • . . , - . - . . . . . , . • • . i Carroll Middle School • • . . .0 - -. .. - • . . . . . - 1 - . . . . . , -. -.- • • - 1 . :. - .• 1 . 1 . ■ .0.. .• i -• • -- .. . 1 1 1 . 1 ! •r-- Carroll Middle School. -3i Poi.shp 1 ..,uf.shp r--- 1111 , Private ---,r2_71 MI Community 1 ....---..,—e -... 7. Open Space NI Neighborhood I S r i rf I 1 T il" I I . $r- - aliN, Future Purcha.ses , j CISO Joint Use Property CISD Pr perry Undeveloped CISD Propertl: Keller ISD Joint Use Procerlq N ...:,: Keller I3D Property i US Corps of Engir.eer5 lad ....__, ....- Grapine Reser,oir Parcels shp E .• . 4 p . . i s . City of Southlak e . No Scale , 1 CArz:t .1:cidle z.:-.:-.1 Geographic Information Systems • • . • . . .. , . . . . _ . • - ! ' . ! . . • . ' i! 1 , • 1 . . , • j! ,,.,, I • . . 1 .... ■KE -.E• . .'"' 1 • li 4 1 COI I prop. . . . I I — --'.---- -- 1 ___...........____.... 1 ,-----.. i . ..,:::::,.....""\\ i • ' 1 .. . , . ;• ; • :! ; !i :! ! , ,, , \,' ..'••-■ \ , .-.. -, • i . .. . . • ..- .-- .. „ .., .... i .. ,..„ . '-k..:' • i A ,..„... .....• ...„, _, . ... - • 1!! , • ! • .. ,, -..,,„ ti . !.. ; • -• ,•• ;;;;--- ! : — - ! ; / ...---- . ------. • - - -; , . .•; ; ! k-÷-!.. ! . . i •. .; / / i'-r-'- - ,,, -;;; i .. / !., I : ' I , • , 4.-'; , i . i , .• ;!/. -:------___. , . ...„/ :,, ; . • • .• . - - . : r . , ... : ....*..)',` ( 7-• - --/ ----<_-_-;; ' ------. ,i . , ' Ws Si ...- X ''' „..•''---------''--"''—'--.--Th : : . 7i-Co S• 1 71 . i ! ' (2 ( L___ • Ca ,/ . I , . ,..", • = . I . : 1.."' ,-----... i • ; - . www=e i .•'-- ; i • . • • /:',,, .•-• I i ■: . • . ,. ... 1 I . i !i 11 :: • -.1./.. ....___. . I.. ■ . il ii■tt ... ----.. i I • . j11 " : .."..,.- . • i ___-__ . .. . ... ._ . ,. . • • —._ — • • • ! : ! ; — — ., 1./. • - ■.-1. . . .-- I ! . I i '. ...............„ , — \ ■ I . ' • i • .„ . ,.. . . .... j \ \ (.....--\ . . . . .. . _ 4 ' ■ • . , ,-,; 1 'C' =Nil D ... Elr'-- no\ ', ,.......... , . • ,,,,:',A' ..) • ...,..„ • I - 1 \ 1... OM! ....... ; '-` I ! : \ \ ;) ' ) • \ *I .-•-'"-------' \ ,-,01.. ■• . — i • I .—..1 . I 't .. . ''.. • .• • ' .. --, ... . , • ,. • .. ; i i i I \ 1 . . 1 i 1 I , ..... .. : . ..,. , Mir • Mr . ,:,,,, , 1 ..... ii ...,..-- • ,,, ---1 -.. / • :.,. -.•-•.. ‘.•\\::-..• -----;•-• ...„. , : , ,;-•, , . . \\ ; . , : • : _ ...... . ./..;;:.; ...........:;-;%; \„... ' ..... ---, \ __...... ..... 1 ......- i .. , , , • , . . . I ! ;• Eubanics Intermediate & Middle SO hool #2 1 . _ . . . • . • . . . . . • • 6 -'- w 113- iii ■ / . \, J ' _/ J . -- _. �, 111 - ,LL , § ,,, 0 .. 1 �� - - - • • • Intermediate School #3 - F Floor Plan Exhibit Six: Two (2) Public Area { Comity Center P BicIark 7----- - ,� . , �., Tennis Courts Four (4) lighted game fields_ _ _ 411\,,,. '`` T' " "• \" �' '\ ;'� -- ; 7C ----- C-, -^ � oncession Stand Three (3) lighted Pavilion and Concession Stand �4 '. game fields / Adventure Alley Pavilions I Playground Three (3) unlighted r . Twc (2) backstop `, I i game fields practice areas Erhirteen 13 lighted Open Space.;_, i Tennis Courts 1 I i practice area ' if I Future Pavilion One (1) lighted In-Iii re Hockey Rink I / - --- -" Three (3) unlighted basketball courts i I — Bicentennial Park Jufshp Private au -r--J r1 Community I _ Open Space ,UthlQ ' q Neighborhood Fume Purchases '`t1. CISD :Girt Use Propery I CISD Properly 1 i 3 Undeveloped CISD Prcpa ; N .. . Keller ISD Joint Usa Propert j LA* Kellar ISD Proper* • US Corps of Engineers `‘ Gr.:oavine Reservoir �'� t Parcels.shp No Scale Ci =i of Southlake Geographic Information SystEm 5i. �ntsnnia, Par!: - 1 1 I . . . . i . .. i 1 1 - 1 i i I ' I . I i II ■ k . . ...„ . ! Exhibit Seven: 1::-. I Lonesome Dove Park r. 1 i k I • r".. ' I 1 1 I ' I . I ' ! Pavilion I \ ---=-----__, '''• --- Open Space • . . 1 • \ D Lonesome Dove 1 , • Park 1 1 , . , 1 1 • . 1 i . ------- ------___I' 1 i 11111!I . • 1 \ i i Playground i • . • • 1 ! . . . . . 1 - i - • . 1 . . • 1 1 1 . i . I ,..... — .-........ ....— •r-••• ' S--- P pr.spp .2,r snp ....--. Lonesome Dove Park ... Private i ■ MI C.,pmm -,— - ..L Open Spaca ■ Si. ut ,,leighbor.oed ..1..,t.0 Jnt Uo P t.ire PurctrasRs o . • r , i....., .......aIn.r I I . 0150 Prparti ••::. - 0150 Party Katirisr 150 .,ek Use P N ...., Kgur 150 7mpertr? 1M 1 J5 C.Q1'25 Of • , eai Gra0 Re3ar.cit P Tirc 15.5`113 1 E t s I _ City of Southlake No Scale - , L3ness...nr.e C.c.,a P3rt tzeographic Information Systems , 4 1 . 1 ._____________________ I / % .;� � ' j Exhibit Eight: • Bob ,Jones Park • \ \ Thirteen (13) unlighted Thy ( } g II 1 soccer game fields I �- 9 i I c k Open space pract area j ` \ 1 adjacent to six (6) soccer i practice goals I 1 U S.,Ar iy Corps '` of Engineers Property 4 • • /\ \ 1 s Bob Jones Park a. Private I P I = Community _ F Cp S D1JthIC I P Feuen r pats ePurch Future Purchases t CISD Joint Use Property i CISO Property Undeveloped 0150 P cp =_r. ,4 Keller ISO Joint Use Pnpemr -^`.4 Keller ISO orcN■rr/ 1 _ US Corps of Engineers ■• Grapevine ry Reseoir `0 - ••••; r E Parcels.shp I ■ I i s City ,if Southlak _ No Scale S Geographic information ,stems , 1 . I . ' 1 ' • - ' • I . 1 1 : . . t . I t . I I I t . I . 1 . . Exhibit Nine: . . • , f St. Martin s in-the-Field i . , , 1 t I i • ' I I SI. Martin-in-the-Fields Church I , : I • : 1 1 ; . Two (2) unlighted , • soccer practice fields . . . . l . , , .. . ! ,, . I . , . 1 • i . . . : I • . I I , I t I t 1 I F i ; • 1 ; 1 ' . I • 1 1; - • • i 1 I • . .. .. . I . ; 1 , 1 - I _ I , - - 4 - 1 1, 4 • In lc i n a F'ol.shp S t • M a I I. I I I 0 --the-Field ',.1t.s•Sptrnartins.sl"p • '----•,..—%,,=, ,.........-■ P ....o a — - P"Nate rIIC/ Communrry DUt ; kleognbcchcal ; -•-•—..........--...........- , FA.Ire Purc",ases CISO .Jo1 Use Prwerti CISO Prop•ry Ur.developec CISO 1 ■•• • Keller ISO Jun Use ,1- ,per", KsiI41 ISO P-ap..dy Us Co:p• or 5 i Grap..virte R...••■••:air ; , ,l,. -•-••• •_."'" 7 7 P3Pr.ers.51 I s I - SL 1.1arnsIn4)•-FleiGs No Scale City of Southlake Geographic Information Systems i i Addenda Interlocal Agreement for Joint Use of Carroll Independent School District Carroll Intermediate School Playing Field STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized City Council, referred to as the "City," and the Carroll Independent School District, a special purpose unit of government organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "CISD ", for documenting the joint use by the City of the CISD playing field located on the Carroll Intermediate School (CIS) campus at 1101 Carroll Avenue. WITNESSETH: WHEREAS, both the City and the CISD have determined the need for providing practice and game fields for youth sports within the community; and WHEREAS, Chapter 791, Government Code, and Section 271.102, Local Government Code authorize school districts and cities in the State of Texas to contract with one another for the providing of various governmental functions and services; and WHEREAS, Carroll Intermediate School currently has in place a previously lighted playing field; and WHEREAS, the City, through the Southlake Parks Development Corporation, has committed to allocating up to $150,000 towards the construction of sports lighting on the Carroll Intermediate School playing field; and WHEREAS, both the City and CISD could benefit from the joint use of a lighted playing field; and WHEREAS, the CISD, through its Board of Trustees, and the City, through its City Council, desire to cooperate with one another in the joint use of facilities for the enjoyment and benefit of all Southlake and CISD citizens. NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the CISD and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the CISD do M: \contractsUUClnterlocal2001Fina l.doc January 31, 2002 11 hereby contract, covenant, warrant and agree as follows: I. ADMINISTRATION The CISD Superintendent or his or her designee and the City Manager or his or her designee shall be responsible for implementing and administering the policies and procedures as set forth in this Agreement. II. FUNDING The City shall allocate a total amount not to exceed $150,000 towards the construction of sports field lighting at the Carroll Intermediate School playing field. Funding in the amount of $150,000 is available through the City's Southlake Parks Development Corporation fiscal year 2001/02 capital improvements budget. The City agrees to oversee the construction of such sports lighting in cooperation and coordination with the CISD. A field maintenance fee will be established by the City, in accordance with field maintenance fees already in place, and assigned to the group utilizing the facility. The field maintenance fee assists in covering a portion of the cost of lighting and maintaining the facility. The City will retain fifty percent of the fees collected and provide to the CISD the remaining fifty percent. III. OPERATIONS AND MAINTENANCE The City shall remain the owner of any and all sports lighting and associated equipment purchased and installed by the City. The City agrees to maintain the sports lighting and associated equipment for as long as it is in place and up to and including its eventual removal. The City agrees to pay for the electrical costs associated with the use of the sports lighting and a separate meter assigned to the City shall be established. The City shall also be responsible for any marking or lining of the field as may be required by the user group. The CISD agrees to establish turf with appropriate irrigation on the playing field and shall maintain the grounds through proper mowing, aeration, and fertilization. The CISD shall be responsible for all maintenance and operating costs associated with the aforementioned functions. IV. FACILITY USAGE The City shall have use of the playing field Monday through Friday from 4:30 p.m. until 10:00 p.m., on Saturdays from 8:00 a.m. until 10:00 p.m., and Sundays from 10:00 a.m. until 9:00 p.m. The City will have the ability to assign the use of the field during these times and shall submit to the CISD a practice and /or game schedule for each year including the names of each assigned associations and their respective contact information. With the exception of pre- scheduled games, the CISD reserves the right to use the field M:\ contractsUUClnterlocal2001Final .doc January 31, 2002 12 beyond 4:30 p.m., Monday through Friday or anytime on Saturday or Sunday, for special school functions. The CISD agrees to make every effort to provide the appropriate prior notification to the City so that scheduling conflicts can be avoided. V. INDEMNIFICATION With respect to the CISD Property, the City does hereby agree, insofar as permitted by law, to hold harmless the CISD from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the CISD Property for a City activity during the time the City is conducting the activity on the CISD Property. The liability insurance policy carried by the CISD and by the City, shall name the other party as an additional insured with respect to joint use facilities, to the extent as permitted by law. VI. TERM The term of this Agreement shall be for a period of no less than five (5) years beginning from the date of execution of this Agreement. This Agreement shall be automatically extended for additional five (5) year periods. This Agreement may be terminated by either party at any time following the completion of the initial five (5) year Agreement by providing ninety (90) days written notice to the other party. The CISD agrees to work in good faith with the City to allow appropriate time for the City to remove the sports lighting to include poles, fixtures, and associated electrical requirements should the Agreement be terminated. If the term of any addenda attached hereto remains in full force and effect past the termination date of this agreement, then this Agreement shall also remain in full force and effect until expiration or termination of the addenda. This Agreement and any exhibits shall be reviewed by both parties on an "as- needed" basis and may be amended only if agreed upon by both parties. VII. ENCUMBRANCES Neither party to this Agreement shall, without first obtaining written consent of the other party, transfer, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet the CISD Property or any part thereof. VIII. NOTICES Any notice given pursuant to this Agreement shall be given in writing and delivered or mailed by Certified or Registered United States Mail, postage prepaid, addressed as follows: If to City: City of Southlake Attn: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 M:\ contracts \JUClnterlocal2001Final.doc January 31, 2002 13 If to District: Carroll Independent School District Attn: Superintendent 1201 North Carroll Avenue Southlake, Texas 76092 The designation of the person to whom, and the place to which notices are to be mailed or delivered may be changed from time to time by either party giving notice to the other party. IX. MISCELLANEOUS PROVISIONS By execution of this Agreement, each party represents to the other that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perform; b. The undersigned officer or agent of the party has been properly authorized by that party's governing body to execute this Agreement and that any necessary resolutions extending such authority have been duly passed and are now in effect; c. All payments required or permitted to be made by a party will be made from current revenues available to the paying party; and d. All payments provided to be made hereunder by one party to the other shall be such amounts as to fairly compensate the other party for the services or functions performed hereunder. X. SEVERABILITY The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph, or other part of this Agreement should be determined to be invalid by a Court or a Federal or State Agency, Board, or Commission having jurisdiction over the subject mater thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. XI. NON - DISCRIMINATION The District and the City, in the execution, performance, or attempted performance of this Agreement, will not discriminate against any persons because of their age, sex, race, religion, color, or national origin, nor will the District or the City permit its agents, employees, subcontractors, or participants to engage in such discrimination. XII. NON - WAIVER The failure of the City or the District to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or M:\ contractsUUCInterlocal2001Final .doc January 31, 2002 14 relinquishment to any extent of the City's or the District's right to assert or rely upon such term or right on any future occasion. The parties agree that this Agreement may be executed in multiple counterparts, each having the same force and effect. CITY OF SOUTHLAKE (CITY) CARROLL INDEPENDENT SCHOOL DISTRICT (CISD) • By: B Rick tacy, Mayor Robert Glover, President Board of Trustees Date: 3 -5 ,-;DO Date: f— c s•'' ° SOUTH • t tttt iO`i a o0 0 •� �� ATTEST: ATTEST: s o f ' L 1 %'✓ / d /4(2 •moo .00.00" `� dik"/W/1,1,Z),hr Ci , Secretary Q y) ° °�„ �,,,,,,,,` °° J C rol Parsons, Secretary Board of Trustees M:\ contracts UUCInterlocal2001Final.doc January 31, 2002 15 Exhibit C INTERLOCAL AGREEMENT FOR JOINT USE cDFFICIAL RECO R D CARROLL INDEPENDENT SCHOOL DISTRICT NATATORIUM STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized City Council, referred to as the "City," and the Carroll Independent School District, a special purpose unit of govemment organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "CISD ", for documenting the joint -use of the District natatorium located on the District campus on Southlake Boulevard. WITNESSETH: WHEREAS, both the City and the CISD have determined the need for providing aquatic opportunities for the students and residents of the community; and WHEREAS, Chapter 791, Government Code, and Section 271.102, Local Government Code authorize school districts and cities in the State of Texas to contract with one another for the providing of various governmental functions and services; and WHEREAS, voters of the CISD approved a $5.5 million bond sale to build a natatorium for providing aquatic opportunities for the students of the CISD; and WHEREAS, the CISD will construct, maintain, and operate a natatorium facility; and WHEREAS, the City, through the Southlake Parks Development Corporation, has committed to allocating up to $1,250,000 towards the construction of the natatorium facility; and WHEREAS, both the City and the CISD acknowledge that joint use of the natatorium facility can benefit both entities, recognizing that school purposes and the educational and athletic needs of children are the highest priority; and WHEREAS, the CISD, through its Board of Trustees, desires to cooperate with the City, through its City Council, in the joint use of the natatorium facility for the enjoyment and benefit of all Southlake and CISD citizens. NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the CISD and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the CISD do hereby contract, covenant, warrant and agree as follows: Apri111, 2001 - Page 1 I. ADMINISTRATION The CISD Superintendent or his or her designee and the City Manager or his or her designee shall be responsible for implementing and administering the policies and procedures as set forth in this Agreement. II. FUNDING The City shall allocate a total amount not to exceed $1,250,000 towards the construction of the natatorium facility. Funding in the amount of $500,000 shall be payable during the City's fiscal year 2000/01, $500,000 payable during the City's fiscal year 2001 /02, and $250,000 payable during the City's fiscal year 2002/03. The CISD and City agree to make a good faith effort to seek grant funding, sponsorships, and donations for the natatorium. All such funding shall be used solely for the purpose of maintenance, operations, or future improvements to the natatorium, unless otherwise mutually agreed. All revenue generated from the use of the natatorium facility, whether received through community programs, open swim, facility reservations, or any other similar functions, shall belong to the CISD and used to offset the maintenance and operational costs of the facility. III. OPERATIONS The CISD shall be responsible for the daily operations of the natatorium facility. The CISD shall hire a Natatorium Facility Director who will be responsible for the daily operations, maintenance, marketing, and programming of the facility. The facility shall develop and implement policies and procedures to insure that the facility is operated and maintained in compliance with all Federal, State, and Local regulations and in a safe manner. The natatorium shall be open year round and operate a minimum of six days per week, Monday through Saturday, excluding CISD holidays where the facility may be closed. Estimated hours of operations shall be a minimum of sixty-eight (68) hours per week, excluding CISD holidays where the facility may be closed. The natatorium shall have a portable multi - purpose, handicap accessible ramp in place in the natatorium facility and in good working condition at all times during regular operations with the exception of swim and diving meets, special events, or other miscellaneous activities which may require the temporary removal of the ramp. IV. FACILITY USAGE The City and the CISD agree that priority use of the natatorium facility shall be given to the educational and athletic programs of the CISD. Southlake community based aquatics programming such as open swim, learn-to -swim, water aerobics, or other public programs shall be given the next highest priority, followed by the lease or rental of the facility to other groups, agencies, entities, or April 11, 2001 - Page 2 the public, and specialized emergency training for City personnel. In regards to the aforementioned priorities, the City and the CISD recognize the need to balance the CISD and Southlake community use of the natatorium facility. V. SCHEDULING • The City and CISD agree to create an Aquatics Commission, hereafter referred to as the "Commission ", in order to establish, subject to the provisions of Article X, the usage schedule of the natatorium. The Commission shall meet at least two times per year and more frequently on an as needed basis. Their responsibilities shall be to identify the educational and recreational programming needs of the community, and the implementation of such programs. The Commission will consist of three (3) voting representatives from the City to include the Director of Community Services, the Recreation Supervisor, and an additional Recreation staff member, and four (4) voting representatives from the CISD to include the Executive Director for Athletics, the Natatorium Facility Director, the Assistant Superintendent of Administrative Services, and an additional CISD staff member. The City and the CISD shall identify an alternate for each of its representatives, who shall be entitled to attend, participate in, and vote at meetings on such occasions as the Commission representative is unable to attend. As concerns Commission action, each representative shall have one (1) vote. In all meetings of the Commission, a voting quorum shall exist only if at least two (2) City representatives and three (3) CISD representatives are present. A CISD representative shall chair the Commission. The City and the CISD agree that a minimum of fifty percent of the annual operating hours of the facility, as indicated in Article III, shall be dedicated to the use of the natatorium facility for Southlake community based aquatics programming. The City shall work with the CISD to coordinate the advertisement and sign -up of Southlake community based aquatic programs. VI. MAINTENANCE AND OPERATING COSTS The CISD shall be responsible for all maintenance and operating costs associated with the natatorium including but not limited to personnel costs, utilities, general maintenance, and upkeep. VII. INDEMNIFICATION With respect to the CISD Property, the City does hereby agree, insofar as permitted by law, to hold hainiless the CISD from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the CISD Property for a City activity during the time the City is conducting the activity on the CISD Property. The liability insurance policy carried by the CISD and by the City, shall name the other party as an additional insured with respect to joint use facilities, to the extent as permitted by law. April 11, 2001 - Page 3 VIII. TERM The term of this Agreement shall be for a period of fifteen (15) years beginning from the date of execution of this Agreement. This Agreement shall be automatically extended for additional five (5) year periods. This Agreement may only be terminated if mutually agreed upon by the governing bodies of the City and the CISD. If the term of any addenda attached hereto remains in full force and effect past the termination date of this agreement, then this Agreement shall also remain in full force and effect until expiration or termination of the addenda. This Agreement and any exhibits shall be reviewed by both parties on an "as- needed" basis and may be amended only if agreed upon by both parties. IX. ENCUMBRANCES Neither party to this Agreement shall, without first obtaining written consent of the other party, transfer, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet the CISD Property or any part thereof. X. DISPUTES Any dispute, controversy, or claim that arises under or relates to this Agreement, hereafter referred to as "Dispute ", shall be reduced to writing and be submitted for informal resolution, identifying this Article X of the Agreement, to each parties representatives of the Commission. The Commission shall use its best efforts to resolve such Dispute. If the Commission is unable to resolve the Dispute to both parties' mutual satisfaction within thirty (30) calendar days after it is submitted (or such later time as agreed in writing by both parties), then the City Manager and the CISD Superintendent ( "Senior Executives ") shall use their best efforts to resolve the Dispute. The Commission and/or Senior Executives shall meet as often and as promptly as the parties reasonably deem necessary to discuss the Dispute and negotiate in good faith in an effort to resolve the Dispute. The specific format for the discussions will be left to the discretion of the Commission and the Senior Executives, as the case may be, and may include the preparation of agreed -upon statements of fact or written statements of position. If the Senior Executives are unable to resolve the Dispute to both parties' mutual satisfaction within sixty (60) calendar days from the initial written submittal of a Dispute in accordance with this Article X, then the duly elected Mayor for the City of Southlake ( "Mayor ") and the duly elected President of the Carroll Independent School District Board of Trustees ( "Board President "), shall use their best efforts to resolve the Dispute. The Mayor the Board President shall meet as often and as promptly as the parties reasonably deem necessary to discuss the Dispute and negotiate in good faith in an effort to resolve the Dispute without the need for a foiival proceeding. The specific format for the discussions will be left to the discretion of the Mayor and the Board President, and may include the preparation of agreed -upon statements of fact or written statements of position. Apri111, 2001 - Page 4 If within ninety (90) calendar days from the initial written submittal of a dispute in accordance with this Article X, the Dispute cannot be resolved to both parties' mutual satisfaction after good faith negotiations of the Mayor and Board President, or such later period as the parties may mutually agree in writing, then either party may require resolution of the Dispute through the use of non - binding arbitration. XI. CLAIMS Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or immunities provided to the parties under the Texas Tort Claims Act, Sections 101.001 et seq., of the Texas Civil Practice and Remedies Code. XII. ADDITIONAL AGREEMENTS This Agreement contains all of the agreements made by and between the parties hereto regarding the joint use of the CISD natatorium and no additional agreements or understandings shall be applicable to the use of CISD natatorium unless first agreed to, in writing, by the parties. XIII. NOTICES Any notice given pursuant to this Agreement shall be given in writing and delivered or mailed by Certified or Registered United States Mail, postage prepaid, addressed as follows: If to City: City of Southlake Attn: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 If to District: Carroll Independent School District Attn: Superintendent 1201 North Carroll Avenue Southlake, Texas 76092 The designation of the person to whom, and the place to which notices are to be mailed or delivered may be changed from time to time by either party giving notice to the other party. XIV. MISCELLANEOUS PROVISIONS By execution of this Agreement, each party represents to the other that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perform; b. The undersigned officer or agent of the party has been properly authorized by that April 11, 2001 - Page 5 party's governing body to execute this Agreement and that any necessary resolutions extending such authority have been duly passed and are now in effect; c. All payments required or permitted to be made by a party will be made from current revenues available to the paying party; and d. All payments provided to be made hereunder by one party to the other shall be such amounts as to fairly compensate the other party for the services or functions performed hereunder. XV.VENUE This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is filed by either party arising out of the temis and provisions of this Agreement, venue for the lawsuit shall be in Tarrant County, Texas. XVI. SEVERABILITY The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph, or other part of this Agreement should be determined to be invalid by a Court or a Federal or State Agency, Board, or Commission having jurisdiction over the subject mater thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. XVII. NON - DISCRIMINATION The District, in the execution, performance, or attempted performance of this Agreement, will not discriminate against any persons because of their age, sex, race, religion, color, or national origin, nor will the District permit its agents, employees, subcontractors, or participants to engage in such discrimination. XVIII. NON - WAIVER • The failure of the City or the District to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's or the District's right to assert or rely upon such term or right on any future occasion. The parties agree that this agreement may be executed in multiple counterparts, each having the same force and effect. April 11, 2001 - Page 6 CITY OF SOUTHLAKE (CITY) CARROLL INDEPENDENT SCHOOL DISTRICT (CISD) By: a By: Rick Stacy, Mayor Robert Glover, President Board of Trustees Date: M 0 / Date: s ‘2,./-0/ ATTEST: ATTEST: S. ndra LeGrand, City Secet ysOUTy t ", Stcvc C. Ilarold, Secretary ��, • ''�� Board of Trustees m. = Carol Po.rsa,5 ** April 11, 2001 - Page 7 District Expense Based on CISD Operating Expense per Square Foot e aa E r Mb ! F i ! 3 ° ,,: B'. I.( . x 3 AOrtua Annual x 1 r .3r. ��; �' `sf':,' ;t 4 s .P'u F" ` ,cx% e 3 f :.: . .�+k ,°x ,� t ae +,. # ,,; ;'..,...:"..':',Z, K ': '. P £ `. 4.r S c o l. 3 : -. ' 9 A1, elii : .a` ' d �...� : . F ," 4 ^ .... m' ..;:: iFa.� ,. g i' .. : "'-« ,. ri 1 c _N rte;,. ^� - :,.. t €�..A., �..,: c . 3.... 4 ' C} :tti atlr . 9 > s #Imated stim . a C �, � . ;.,;:. ....;. � � s`" .,.:'.N �.k, � < i_ - ,:�•.� x � k: >. �: � z ,;.. � k' .a° ? 3 § , a ''`.€ F ei", �`.f 1 •.,.: :� � 3 y �?� 4 � , i .tea .:... s,� �`-..: ; N ,> aye � . s ,v., � a� , _: � � i ; a 4<, ._ ...._. .: � a . - O V : I N, 4 _.; 1 ; ; a * . E • Sryuare F Cos S 4 wFre, uenc CISD � .F� � : oa � :.�°:: ,a�� :' � v� ` £d fi �.._� � Y � �.�:r 9 pR� t � i ` §� l�r � N� � '# - l 1otn Use@Faclliti ".. , , f. ., _4.�� ,, , =f4 t3escnptio ':.., r .. ., Used per oft se`(hr5.} x, xpe n se .:x. Carroll Elementary 1 Backstop Practice Area S. of bldg, open space, non - Irrigated 0 $0.00060 0 $0 2 Soccer Practice Fields S. of bldg, open space, non - irrigated 0 $0.00060 0 $0 Open Field S. of practice field, non irrigated 0 $0.00060 0 $0 Gym 7,000 $0.00060 0 $0 Outside Basketball Courts E. side of bldg. 0 $0.00060 0 $0 Durham Elementary/Intermediate Int. Gym Office /Storage Int. sch. gym, shared w/ after school program 700 $0.00060 1,547 $650 EIem.Gym /Recreation Center Elem. gym 7,000 $0.00060 1,608 $6,754 Exercise Room Now used for storage, no current joint use 900 $0.00060 0 $0 Cafetorium 5,000 $0.00060 794 $2,382 IS Room Reading Course 900 $0.00060 30 $16 �' Activity Room 900 $0.00060 429 $232 cr Computer Lab 900 $0.00060 48 $26 1 Soccer Game Field N. of bldg, irrigated 0 $0.00060 0 $0 2- Soccer Practice Fields E. of bldg., non - irrigated 0 $0.00060 0 $0 1- Backstop Practice Fields E. of bldg., non - irrigated 0 $0.00060 0 $0 Outside Basketball Court S. and N. of bldg. 0 $0.00060 0 $0 Johnson Elementary Backstop practice areas E. behind playground, non - irrigated, open space 0 $0.00060 0 $0 2- Soccer Practice Fields E. behind playground, non irrigated, open space 0 $0.00060 0 $0 Gym 7,000 $0.00060 0 $0 Open Area S. of bldg., non irrigated open space 0 $0.00060 0 $0 $0.00060 Old Union Elementary $0.00060 $0.00060 Open PI y Area W. across channel, irrigated 0 $0.00060 0 $0 Backstop Practice Area SW corner of bldg., irrigated 0 $0.00060 0 $0 Rockenbaugh Elementary 2- Soccer Practice E. of bldg., non - irrigated 0 $0.00060 1,344 $0 2- Backstop Practice Areas E. of bldg., non irrigated 0 $0.00060 0 $0 Gym 7,000 $0.00060 0 $0 District Expense Based on CISD Operating Expense per Square Foot 3- Classrooms Non JU facility; used to close EIS during summer to save utilities 2,700 $0.00060 333 $539 Cafetorium Non JU facility; used to close EIS during summer to save utilities 5,000 $0.00060 333 $998 Carroll Intermediate 6- Outdoor Basketball Goals E. of bldg. 0 $0.00060 0 $0 Lacrosse Field SE of bldg, lighted, irrigated, jointly maintained 0 $0.00060 $0 Exercise Room 900 $0.00060 256 $138 Activity Room 900 $0.00060 250 $135 Gym 7,000 $0.00060 1,020 $4,282 Carroll Middle School Competition Gym 8,000 $0.00060 148 $710 Joint Use Gym 7,000 $0.00060 1,602 $6,726 Activity Room (Art ?) storage, not currently used by city 900 $0.00060 60 $32 JU Gym Office /Storage 700 $0.00060 0 $0 2- Practice Fields SW of old Dragon Stadium, irrigated, turf maintained, Pee Wee FB 0 $0.00060 0 $0 2- Football Fields SW of old Dragon Stadium, irrigated, turf maintained, Pee Wee FB 0 $0.00060 0 $0 Eubanks Intermediate /Dawson EIS Gym No JU during summer to save utility costs 7,000 $0.00060 329 $1,380 Choir Room 900 $0.00060 12 $6 Multi Purpose Fields SW corner of Bldg. turf maintained, irrigated 0 $0.00060 0 $0 Carroll Senior High 1 Computer Lab 900 $0.00060 48 $26 Aquatics Center Pool 20% of gross city aquatics program revenue is paid to CISD 17,705 $0.00059 400 $4,155 1 Total:1 $29,186 I Calculations Total District Revenues Tess Chapter 41 Payment = $49,986,880 Operating cost for the District (less employee salaries):$6,198,176 / 8760 hrs per year = $707 per hour Cost per heated /cooled square footage: 1,176,554 square feet heated /cooled square footage / $707 per hour = $0.0006 square foot/year District Expense Based on CISD Operating Expense per Square Foot Aquatics Center square footage calculation base on 50% occupancy. CISD Joint Use Facilities Cost Factor Calculations 3fi > s `�"1 .. f . .mss C� �:' Y 1 u igm ,,: .`.a<a .v :': >k °z i , i, ...;.a;d v %i,,.. ..,: t rtt z -k-; .: ->,.' �,, �'' " a `¢ . , gta '" .... '' flk03 :T �x ti:* _ h { ,.e,, '.., -. 4' ?,aE c , �� S v '; £,� .;.:, x �"r... "t� :. a' v :� ice,. :�f� I ,� , .s' �� ; 8 #1f-4 4' `.k`. -z • '.i 4+ & z,. fl 1 \( 7. 4 34 ...._. �a, . -a 1 -�a .. h- fieas . •; 4 ,C r° . i ''�' ;• r . ai - ud i .:m . . ,•< , -- a : >�>, ,F' E c �a' f , ° S, ..� , ' .e,> _ r . , .,,.fie... ,. '*e..., . „. ,, . . , ,.._., i . .. .� ..: >« 1 ,. _, -R' • -,: . `�.' , i � f ._ ,Iar U e,F 6 l r�: � , a . n a l ;t i[I Case y • 5qu are”' otage :per,Sq t.: perk „s( Et,/Year tY; Carroll Elementary $68,113 72,588 $ 0.94 $0.0001071177 Durham Elementary/Intermediate $133,742 136,375 $0.98 $0.0001119511 Johnson Elementary $60,755 76,437 $0.79 $0.0000907349 Old Union Elementary $91,376 69,664 $1.31 $0.0001497337 Rockenbaugh Elementary $66,563 80,273 $0.83 $0.0000946584 Carroll Intermediate $73,475 63,851 $0.0001313614 $1.15 rri Carroll Middle School $111,369 132,369 $0.84 $0.0000960446 Eubanks Intermediate /Dawson MS $318,723 229,246 $1.39 $0.0001587112 �r m Carroll Senior High School $226,597 315,751 $0.72 $0.0000819229 Aquatics Center $182,200 35,411 $5.15 $0.0005873623 District Cost Based on Ultility Expense per Square Foot ,lone, x` .e t - x i See x - I: r x ra Y r f ,� S"'ti z ,_ ^'"5.s i s `' .# .� a s E stlmll� a .,_w ,. ,.. FED- . � � y � �. 40 4 w w 0 4 � Square FtR ' Hrty au f~ Ftr per f�quertpy! pf AnRUat Estirttated " 4'l 'Dfstrict Frapertres . , . , K ... r. peSCrtotion ., ,, ., .z,. s _ u<' , _ . .. Used .x : - ,< ¥earx .. 't se.(hrs.j= , CISD.EXpense Carroll Elementary 1 - Backstop Practice Area S. of bldg, open space, non - Irrigated 0 0.000107117659 0.0 0.00 2- Soccer Practice Fields S. of bldg, open space, non - irrigated 0 0.000107117659 0.0 0.00 Open Field S. of practice field, non - irrigated 0 0.000107117659 0.0 0.00 Gym 7,000 0.000107117659 0.0 0.00 Outside Basketball Courts E. side of bldg. 0 0.000107117659 0.0 0.00 Durham Elementary/Intermediate Int. Gym Office /Storage Int. sch. gym, shared w/ after school program 700 0.000111951090 1546.5 121.19 Elem.Gym/Recreation Center Elem. gym 7,000 0.000111951090 1608.0 1,260.12 Exercise Room Now used for storage, no current joint use 900 0.000111951090 0.0 0.00 Cafetorium 5,000 0.000111951090 794.0 444.45 IS Room Reading Course 900 0.000111951090 30.0 3.02 Activity Room 900 0.000111951090 429.0 43.22 Computer Lab 900 0.000111951090 48.0 4.84 1 - Soccer Game Field N. of bldg, irrigated 0 0.000111951090 0.0 0.00 2 - Soccer Practice Fields E. of bldg., non - irrigated 0 0.000111951090 0.0 0.00 1 Backstop Practice Fields E. of bldg., non - irrigated 0 0.000111951090 0.0 0.00 Outside Basketball Court S. and N. of bldg. 0 0.000111951090 0.0 0.00 Johnson Elementary X Backstop practice areas E. behind playground, non - irrigated, open space 0 0.000090734883 0.0 0.00 cr 2- Soccer Practice Fields E. behind playground, non - irrigated, open space 0 0.000090734883 0.0 0.00 r+ Gym 7,000 0.000090734883 0.0 0.00 "'Y Open Area S. of bldg., non - irrigated open space 0 0.000090734883 0.0 0.00 Old Union Elementary Open Play Area W. across channel, irrigated 0 0.000149733725 0.0 0.00 Backstop Practice Area SW corner of bldg., irrigated 0 0.000149733725 0.0 0.00 Rockenbauoh Elementary 2- Soccer Practice E. of bldg., non - irrigated 0 0.000094658428 1343.5 0.00 2- Backstop Practice Areas E. of bldg., non - irrigated 0 0.000094658428 0.0 0.00 Gym 7,000 0.000094658428 0.0 0.00 3 - Classrooms Non JU facility; used to close EIS during summer to save utilities 2,700 0.000094658428 332.5 84.98 Cafetorium Non JU facility; used to close EIS during summer to save utilitie; 5,000 0.000094658428 332.5 157.37 Carroll Intermediate 6 - Outdoor Basketball Goals E. of bldg. 0 0.000131361405 0.0 0.00 Lacrosse Field SE of bldg, lighted, irrigated, jointly maintained 0 0.000131361405 0.00 Exercise Room 900 0.000131361405 256.0 30.27 Activity Room 900 0.000131361405 249.5 29.50 Gym 7,000 0.000131361405 1019.5 937.46 Carroll Middle School District Cost Based on Ultility Expense per Square Foot Competition Gym 8,000 0.000096044617 148.0 113.72 Joint Use Gym 7,000 0.000096044617 1601.5 1,076.71 Activity Room (Art ?) storage, not currently used by city 900 0.000096044617 60.0 5.19 JU Gym Office /Storage 700 0.000096044617 0.0 0.00 2- Practice Fields SW of old Dragon Stadium, irrigated, turf maintained, Pee Wee 0 0.000096044617 0.0 0.00 2- Football Fields SW of old Dragon Stadium, irrigated, turf maintained, Pee Wee 0 0.000096044617 0.0 0.00 Eubanks Intermediate /Dawson Middle EIS Gym No JU during summer to save utility costs 7,000 0.000158711184 328.5 364.96 Choir Room 900 0.000158711184 12.0 1.71 Multi- Purpose Fields SW corner of Bldg. turf maintained, irrigated 0 0.000158711184 0.0 0.00 Carroll Senior High School 1- Computer Lab 900 0.000081922900 48.0 3.54 Aquatics Center Pool 20% of gross city aquatics program revenue is paid to CISD 17,705 0.000587362300 399.5 4,154.50 I Total:I 8,836.74 I Notes: 1. Square footage calculations take in to account ingress and egress through the addition of 400 square feet. 2. Aquatics Center square foot calculation based on 50% occupancy. Exhibit G City of Southlake expenditures related to CISD Joint Use Commitments (park & rec) -since May 1993 Intermediate School Athletic Field 28,952 Intermediate School Multi- Purpose Court 28,485 Carroll Middle School Gym 800,000 Carroll Middle School Gym -Gates 5,500 Carroll Middle School Gym - parking lot 85,980 Durham Elementary Athletic Fields 7,400 CISD Natatorium 1,250,000 Carroll Intermediate School Lights 100,000 2,306,317 SRO & DARE Summary (City's portion) SRO (November 1989 to September 2003) 590,013 DARE (November 1989 to June 2002) 454,493 1,044,506 Capital Projects Kimball (Continental to Heritage) 1,420,635 Kimball @ FM 1709 to Crooked Ln. 2,545,001 CISD No. 5 361,707 4,327,343 Fees Waived ( *) Rockenbaugh Elementary, 301 Byron Nelson Pkwy. (1996 -97) New Construction - building permit fees only 22,945 2% Administrative 676 3% Inspection 1,014 Water Impact- Domestic 3,520 Water Impact- Irrigation 3,520 Sewer Impact 3,520 Roadway Impact 2,509 Park Fee 7,679 Carroll Senior High School (new), 1501 W. Southlake Blvd. New Construction (1992) 46,485 Sewer Pro Rata Fee (1992) 10,300 Perimeter Road Fees (1992) 17,000 Peytonville Drainage Pipe (1992) 31,600 Reconstruction of additional Zane- Peytonville (1992) 10,000 Addition 14,095 Bath for Girl's Field House 283 Girl's Locker Room 4,217 Black Box Theater 1,409 Dawson Middle /Eubanks Intermediate, 400/500 S. Kimball (2000) 3% Inspection Fees 100,000 2% Administration Fees Roadway Impact Fees Water Impact Fees Wastewater Impact Fees Park Fees Johnson Elementary, 1301 N. Carroll Addition (2000) 6,126 Portable Building 2,500 Miscellaneous Construction Permits 309 Carroll Middle School, 1100 E. Dove Rd. New Gym 7,119 Field House 4,812 Addition 11,071 Locker Room /Band Hall Area 4,283 Carroll Elementary, 1705 W. Continental Addition 4,973 Carroll Jr. High, 800 North White Chapel (1997) New Construction - building permit fees only 92,414 2% Administrative 10,307 3% Inspection 15,461 Water Impact- Domestic 8,000 Water Impact- Irrigation 8,000 Sewer Impact 6,400 Roadway Impact 11,298 Park Fee 25,316 499,161 * Teen Court- city's share 171,411 8,348,738 Other Items: Since October 1997 through the present, teen court program expenditures are $414,467. CISD has contributed $52,858 from October 1997 through August 2002. Teen Court was cut from CISD's budget in August 2002. $20,000 is budgeted annually for Joint Use facility improvement in the SPDC capital projects budget. ( *) Fees waived for CISD and Unbilled time expended for plans reviews and inspections. Cost of Joint Use based on District Fee Schedule _, , r q a:. �. L #',,. fig y n. . z , ,Ae .e 'ass' a 4 a -. ,. ,k ,:q.,: "; as 1. , n a firs 5 t _.r„ - u .,- 1 �-- ,t x' a e ���, �, .. i k TF Fr uenc of Us Re l=e An Est ;: V , A ..d a ; ^Jt rnt a Facuity - o z . , «v e$ ��z' `rr`.. '. DescrIritt011 ` " : 3l ', .. „, . , ` i hrs) "v .,per Moil' Rental Cost s ` ', Carroll Elementary 1- Backstop Practice Area S. of bldg, open space, non - Irrigated 0.0 $50 $0.00 2- Soccer Practice Fields S. of bldg, open space, non - irrigated 0.0 $50 $0.00 Open Field S. of practice field, non - irrigated 0.0 $50 $0.00 Gym 0.0 $100 $0.00 Outside Basketball Courts E. side of bldg. 0.0 $50 $0.00 Durham Elementary/Intermediate Int. Gym Office /Storage Int. sch. gym, shared w/ after school program 1546.5 $0 $0.00 EIem.Gym /Recreation Center Elem. gym 1608.0 $100 $160,800.00 Exercise Room Now used for storage, no current joint use 0.0 $0 $0.00 Cafetorium 794.0 $50 $39,700.00 IS Room Reading Course 30.0 $40 $1,200.00 Activity Room 429.0 $40 $17,160.00 trl Computer Lab 48.0 $40 $1,920.00 X 1- Soccer Game Field N. of bldg, irrigated 0.0 $50 $0.00. 2- Soccer Practice Fields E. of bldg., non - irrigated 0.0 $50 $0.00 1- Backstop Practice Fields E. of bldg., non - irrigated 0.0 $50 $0.00 Outside Basketball Court S. and N. of bldg. 0.0 $50 $0.00 Johnson Elementary Backstop practice areas E. behind playground, non - irrigated, open space 0.0 $50 $0.00 2- Soccer Practice Fields E. behind playground, non - irrigated, open space 0.0 $50 $0.00 Gym 0.0 $100 $0.00 Open Area S. of bldg., non - irrigated open space 0.0 $50 $0.00 Old Union Elementary Open Play Area W. across channel, irrigated 0.0 $50 $0.00 Backstop Practice Area SW corner of bldg., irrigated 0.0 $50 $0.00 Rockenbauqh Elementary 2- Soccer Practice E. of bldg., non - irrigated 1343.5 $50 $67,175.00 2- Backstop Practice Areas E. of bldg., non - irrigated 0.0 $50 $0.00 Gym 0.0 $100 $0.00 3- Classrooms Non JU facility; used to close EIS during summer to save utilities 332.5 $40 $13,300.00 Cafetorium Non JU facility; used to close EIS during summer to save utilities 332.5 $50 $16,625.00 Carroll Intermediate Cost of Joint Use based on District Fee Schedule 6- Outdoor Basketball Goals E. of bldg. _ 0.0 $50 $0.00 Lacrosse Field SE of bldg, lighted, irrigated, jointly maintained $50 Exercise Room 256.0 $40 $10,240.00 Activity Room 249.5 $40 $9,980.00 Gym 1019.5 $100 $101,950.00 Carroll Middle Competition Gym 148.0 $100 $14,800.00 Joint Use Gym 1601.5 $100 $160,150.00 Art Room f storage, not currently used by city 60.0 $40 $2,400.00 JU Gym Office /Storage 0.0 $0 $0.00 2- Practice Fields SW of old Dragon Stadium, irrigated, turf maintained, Pee Wee Football 0.0 $50 $0.00 2- Football Fields SW of old Dragon Stadium, irrigated, turf maintained, Pee Wee Football 0.0 $50 $0.00 Eubanks Intermediate /Dawson Middle EIS Gym No JU during summer to save utility costs 328.5 $100 $32,850.00 Choir Room 12.0 $40 $480.00 Multi- Purpose Fields SW corner of Bldg. turf maintained, irrigated 0.0 $50 $0.00 Carroll Senior High 1- Computer Lab 48.0 $40 $1,920.00 Aquatics Center Pool 20% of gross city aquatics program revenue is paid to CISD 399.5 $150 $59,925.00 ' Total:I $712,575 ( Note: Aquatic Center fee calculation based on 100% occupancy. Typically, city occupancy of the Aquatics Center is 50% or less. Rental fees based on actual lane useage in 2003 may result in a lesser fee calculation.