HomeMy WebLinkAboutContract 25471 ,
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INTERLOCAL AGREEMENT
Wilkerson Grcimem Athletic Complex
Soccer Facilities
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This INTCB1OC8l AGREEMENT(this Agreement) ia made and entered into the�Z-3"A I'dm
of l999,by and between the CITY 0F FORT WORTH, o home rule municipal corporation
of the State of Texas, located within Tarrant County, Texas, (hereafter called"CITY"),and the BOARD
OF TRUSTEES of the FORT WORTH INDEPENDENT SCf{OOI.DISTRICT, apo|itical subdivision of
the State of Texas and a legally constituted Independent School District located within Tarrant County,
Texas, (hereafter called"FWIDD`1.
RECITALS
WHEREAS, this Agreement is made under the authority granted to CITY and the FWISD by and
pursuant to Texas Government Code Chapter 79 1,known as the INTERLOCAL COOPERATION ACT,
and other applicable state /uvr;
WHEREAS, the CITY has requested the use of soccer improvements that are to be constructed at
the Wilkerson Greineo Athletic Complex, located at5101 Fo|vvcll Boulevard, for the purpose of
expanding soccer opportunities for the citizens o[Fort Worth, Texas; and
WHEREAS, the construction and use o[the soccer fields and improvements hereunder will ht
mutually beneficial to the constituents of the City and the fWISI).
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree
as follows:
AGREEMENT
l. Description, FWlSD grants bm CITY u license for the use and operation ofsoccer fields tVbc
constructed utthe Wilkerson GorioemA1bledo Complex. located at5101 [n)wcD Boulevard, tuoluiuiog
T5 to 0 acres, more or less, such complete tract being more particularly described in the plat marked
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Exhibit^A"` attached hereto and incorporated herein for all purposes incident bzthis Agreement, and
hereafter referred k/us the '1Prenimen."
2. Term of Aueement. The term o{this Agreement shall hc for twenty(20)years,beginning on
the /s!- th day of J999, and terminating on the / day of 2019.
3. Fee. The fee for this use iuinthe sum mf ONE DOLLAR($l.U0per year. The parties agree
that all consideration detailed in this Agreement fairly compensates FWISD for the license granted by
FWISD, and FWISD acknowledges receipt and acceptance of this consideration.
4. Use of Premises. The Premises shall be used solely for development and use of three(3)
soccer fields to be operated as part of the City's park and recreation program, and which may include the
following improvements und|undsouying: soccer field lighting, security fencing, eido`vuDcs, concession
stand, restrooms, second floor announcer's area, irrigation system,bleachers, scoreboards, etc.
5. Preparation of Premises.
A. As further consideration bercin` the FWl8D or its contractor shall`perform all work and
furnish all material necessary to complete the Premises for the proposed use in
accordance with the FWISD's specifications (reviewed and approved by CITY).
B. As further consideration herein, the CITY will assist in development of the Premises by
contributing uyto the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS
($350,O0O). Payments will hsmade toFT9lS[)ouu reimbursement basis within thirty
days after receipt ofiov*iccbyfbcCitydrtuilingtbev/orbperfhzozcdhyFWlSI). All
payments by the City shall be made from current revenues available to the CITY.
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A. As farther consideration herein, the CITY shall, from April l` December 3lat
each year during the term mfthe Contract, maintain and repair the soccer field
improvements and perform lawn and landscape maintenance outhe Premises in
accordance with the CITY'm ooroual and customary standards for other CITY soccer
fields.
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B. As further consideration herein,the FWISI]` froro January l" March 31st each
year during the term of the Contract, shall maintain and repair the soccer field
improvements, and perform)ovun and landscape maintenance on the Premises in
accordance with FWISD's nornial and customary standards of school campus
maintenance.
7. Improvements. Title tn improvements placed ou the Premises 6v the FWlSI)will remain with
the FWISD during the term of this agreement. Such improvements shall be made available for use by the
FWlSl}u1 all times except when being used 6vCITY each year of the term of this contract from April l''
through December 3}m
8. Rules, Regulations and Operations. The lrcodmeo mbuU be subject to the ounoc culco'
regulations and methods of operation as other school property operated by the FWISD for school benefit,
as long as such rules,regulations and methods do not interfere with CITY use of the property for soccer
activities.
9. Engy Upon Premises. Either party shall have the right to enter the Premises at all reasonable
times for the purpose nf inspecting and viewing the Premises.
10. Parties Bound. This Agreement shall be binding upon the successors and assigns of both
parties in like manner uo upon the original parties.
ll. Applicable Law. This Agreement is entered into subject tothe provisions of all applicable
federal, etm<c and local laws or ordinances and the requirements ofunyuudaUgonernmcuiulrrgula1o/y
agencies having Jurisdiction over the subject matter. This Agreement is fully performable in Tarrant
County,Texas.
12, If any of the provisions contained io this Agreement shall for any
reason be held to8c invalid, illegal, or unenforceable iu any respect, such invalidity, iDcgality, or
unenforceability, shall not affect any other provision hereof. and this Agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never bee'n contained herein-
13. Non-Appropriation of Funds. In the event that insufficient funds are appropriated by the City
Council to satisfy any obligation of the CITY hereunder, CITY shall notify FWISD in writing and this
Agreement shall terminate on the last day for which funds have been appropriated, without penalty or
expense to CITY.
14. Sole Agreement. This Agreement constitutes the sole and only Agreement of the parties
hereto and supersedes any prior understandings or written or oral Agreements between the parties
respecting the subject matter.
15. The parties expressly agree that no provision of this Agreement is in any way intended to
constitute a waiver by the DISTRICT of any immunities from suit or from liability that the DISTRICT
may have by operation of law.
EXECUTED this J, ay of L)e g> t��ek� 1999
CITY OF FORT WORTH. FORT WORTH I.S.D.
1000 Throckmorton 100 North University Drive
Fort Wort ,T"as 76102 , Fort Worth, Texas 76107
By 6a,Ma v
Libby Watson Gary Ma y
Assistant City Manager President Board of Trustees
ATTEST: ATTEST:
By:
B
Gloricy, earson Secretary;Board of Trustees
City Secretary
CITY COUNCIL AUTHORIZATION: APPROVED AS TO FORM AND
LEGALITY:
M No.- G-12548
Date: --April 27, 1999
Assistant City=Atto y
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EXHIBIT A
TR,I PROPOSED SOCCER FIE06
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TAPPAN BLVD.
GOLDSTEIN
1B-11 Park
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TARRANT COUNTY FT. WORT*H PUBLIC SCHOOL
JUNIOR. COLLEGE 1 14 1
rs i RECREATION CE-NTER
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City of Fort North, Texas
'VMF :" .q0r and councit 4:0mmullication
DATE REFERENCE NUMBER LOG NAME PAGE
4127/99 G-12548 80SOCCER 1 of 3
SUBJECT ADOPT APPRORIATION ORDINANCES AND IMPLEMENT THE SOCCER FIELD
MANAGEMENT AND DEVELOPMENT PROGRAM - FY 1998-99
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $71,200 and decreasing the unreserved, undesignated General Fund balance by the same
amount; and
2. Authorize the transfer of $30,000 from the General Fund to the Parks Improvements Capital
Projects Fund for the purchase and installation of up to 15 sets of soccer goals ($30,000); and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Parks Improvements Capital Projects Fund by $30,000 from available funds; and
4. Authorize the use of $41,200 in the General Fund for increased maintenance to existing soccer
fields; and
5. ) Authorize the City Manager to enter into an Interlocal Agreement with the Fort Worth Independent
rf School District (FWISD) for the construction and joint use of three soccer fields.
DISCUSSION:
On December 1, 1998, the Parks and Community Services Department (PACSD) presented a Soccer
Field Management and Development Program plan to the City Council. Staff proposed a plan that
would address the documented shortage of 27 fields in the City and establish a classification of fields
and their usage limits, and recommended an increase in the overall maintenance of existing and
proposed fields. The five-year plan would bring the City up to national standards established in the
1998 Comprehensive Parks, Recreation and Open Space Plan. While the plan received tentative
endorsement by the City Council, staff was instructed to research ways in which the plan might be
accelerated to increase the number of fields in the next two years.
On January 19, 1999, at tf=e joint meeting between the City Council and the Parks and Community
Services Advisory Board, staff presented an accelerated plan which would reduce the 27 field
deficiency to 7 by Decemb-,...r 2001. While the funded and unfunded amounts reported in the December
proposal did not change, the need to appropriate funds for the unfunded items would be greatly
accelerated.
Following the joint meeting, staff was directed to review the management and development program
with emphasis on a balanced annual appropriation schedule.
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City of f'.Fort Worth, Texas
F Lwyagor and Council commu"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
4/27/99 G-1254$ I 80SOCCER 3 of 3
SUBJECT ADOPT APPRORIATION ORDINANCES AND IMPLEMENT THE SOCCER FIELD
MANAGEMENT AND DEVELOPMENT PROGRAM - FY 1998-99
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current operating budget, as
appropriated, of the General Fund and the current capital budget, as appropriated, of the Parks
Improvements Capital Project Fund. Upon completion of this recommendation, the unreserved,
undesignated fund balance of the General Fund will be $30,431,657.
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Submitted for City Managees 1 A t} + I C 34 R )iTNT Cl'n'SECRETARY �
Office by: t }
, �C1�38 X72001 080188100030 $30,000,00 � �
Libby Watson )C188 5120(} 080188200030 $30,000,00 �Ytt1UNGtL CP Originating Department Head: 1)GG01 511010 0808080 $�61„200.00
1)GG01 538070 0808080 $30,000.00
Richard Zavata 570 P5:)�m}
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188 541200 080188 00030 $30,000.00 s �
Additional Information nth )G�1 511010 1 0808080 1 $41;200.00
12)GG01 1 538070 1 0808080 g $30,000.00