CITY OF ALAMO HEIGHTS
ADMINISTRATION AND FINANCE DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Phil Laney, Assistant City Manager
SUBJECT: A Resolution authorizing the City Manager to execute an Interlocal Agreement
between the City of San Antonio and City of Alamo Heights for funding sidewalk
improvements on N. New Braunfels Ave. between Castano and Claywell and an
Ordinance amending the Fiscal Year 202-23 budget to appropriate funds in an
amount not to exceed $116,000.00 for the City’s portion of the total project costs
DATE: March 27, 2023
SUMMARY
A Resolution authorizing an Interlocal Agreement between the City of San Antonio (COSA) and
City of Alamo Heights for funding sidewalk improvements on N. New Braunfels Ave. between
Castano and Claywell. The Interlocal Agreement (ILA) authorizes an evenly shared split of final
project costs. The Ordinance amends the Fiscal Year (FY) 2022-23 budget to appropriate funds in
an amount not to exceed $116,000.00 for the City’s portion of the total project costs.
BACKGROUND INFORMATION
N. New Braunfels serves as the boundary between the City and City of San Antonio from Austin
Highway to Claywell. COSA maintains the right of way for the approximately 1.2 mile stretch.
Pedestrian accessibility is currently limited to the eastern side of N. New Braunfels, the only side
of the street where there are sidewalks. The City has coordinated with the City of San Antonio’s
Council District 10 and COSA Public Works to add sidewalk and curb improvements on the
western side of N. New Braunfels between Castano and Claywell. The addition of 0.4 miles of
sidewalk improvements would extend pedestrian access between the Alamo Heights Junior School
and Castano, which links to Alamo Heights High School.
On January 23, 2023, City Council received a staff report on the proposed Interlocal Agreement
on the N. New Braunfels sidewalk improvements.
The Resolution authorizing the City Manager to execute an Interlocal Agreement would provide
for the construction of sidewalk and curb improvements to accommodate the increase in pedestrian
access along N. New Braunfels. Per the terms of the ILA, COSA Public Works would oversee all
construction management and engineering for the project. The total project cost is estimated to be
$232,000.00, and both the City and COSA has agreed to evenly share the project costs, an amount
up to $116,000.00. In the event there is a disagreement with the execution of the ILA terms, an
opportunity will be given for the non-breaching party to remedy the situation within 60 days. If
approved by City Council, the ILA would be considered by the City of San Antonio City Council.

Approval of the Ordinance would amend the FY 2022-23 budget to appropriate funds in an amount
not to exceed $116,000.00 for the City’s portion of the sidewalk improvements on N. New
Braunfels.
POLICY ANALYSIS
Cities are authorized to enter into an Interlocal agreement in accordance with the Interlocal
Cooperation Act, pursuant to Chapter 791 of the Texas Government Code. Approval of the
Interlocal Agreement is consistent with the City’s interest of providing accessible public
infrastructure in a cost-effective manner.
COORDINATION
Staff has reviewed the Interlocal Agreement with the City of San Antonio, the City Attorney and
the City Manager.
FISCAL IMPACT
The total project cost for the sidewalk improvements on the west side of N. New Braunfels Ave.
between Castano and Claywell is estimated to be $232,000.00, of which the Interlocal Agreement
states both parties have agreed to split the cost. Approval amends the fiscal year 2022-23 budget
to appropriate funds in an amount not to exceed $116,000.00 for the City portion of the total project
costs. Funds are available in the FY 2022-23 General Fund Budget.
ATTACHMENTS
Attachment A – Resolution
Attachment B – Interlocal Agreement
Attachment C – Ordinance
______________________
Phil Laney
Assistant City Manager
______________________
Buddy Kuhn
City Manager

Attachment A
RESOLUTION NO. 2023R - 163
A RESOLUTION OF THE CITY OF ALAMO HEIGHTS, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEENT BETWEEN THE CITY OF SAN ANTONIO
AND CITY OF ALAMO HEIGHTS FOR FUNDING SIDEWALK
IMPROVEMENTS ON N. NEW BRAUNFELS AVE. BETWEEN
CASTANO AVE. AND CLAYWELL DR.
WHEREAS, this Resolution is for an Interlocal Agreement for design and construction of
sidewalk improvements along N. New Braunfels Avenue from Castano Avenue to Claywell Drive
is made and entered into by and between the City of San Antonio, Texas, a Texas Home Rule
Municipality (hereinafter, “COSA”), and City of Alamo Heights, Texas, a Texas Home Rule
Municipality (hereinafter, “COAH”). COSA and COAH shall collectively be referred to herein as
the “Parties;” and
WHEREAS, both of the Parties are political subdivisions of the State of Texas, and desire to enter
into this Agreement in accordance with the provisions of the Interlocal Corporation Act, pursuant
to Chapter 791 of the Texas Government Code; and
WHEREAS, the Parties agree that improvement of the sidewalks along N. New Braunfels Avenue
from Castano Avenue to Claywell Drive is necessary for the safety, health, and wellness of the
residents of both cities; and
WHEREAS, COSA has agreed to design and construct sidewalk improvements along N. New
Braunfels Avenue from Castano Avenue to Claywell Drive within the city limit of COSA
(hereinafter, “Project”), as described in the Project Scope; and
WHEREAS, the Parties estimate the total cost of the project is $232,000.00, as set forth in the
Project Budget and agree to share the Project completion costs; and
WHEREAS, COSA will be responsible for half of the Project costs; and
WHEREAS, COAH will contribute half the Project costs to COSA in an amount not to exceed
$116,000.00; and
WHEREAS, COSA and COAH desire to enter into this Interlocal Agreement in order to establish
the obligations of the Parties with regard to the funding, design, and construction of the Project;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALAMO HEIGHTS, TEXAS that the City Manager is authorized to execute an Interlocal
Agreement between the City of San Antonio and City of Alamo Heights for funding sidewalk
improvements on N. New Braunfels Avenue between Castano Avenue and Claywell Drive.

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PASSED AND APPROVED this 27th day of March, 2023
BOBBY ROSENTHAL, MAYOR
ATTEST:
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
FRANK J. GARZA, CITY ATTORNEY

1
STATE OF TEXAS
COUNTY OF BEXAR
§
§
§
§
§
INTERLOCAL AGREEMENT
FOR FUNDING SIDEWALK IMPROVEMENTS
ON NORTH NEW BRAUNFELS AVE.
(CASTANO AVE. TO CLAYWELL DR.)
THIS INTERLOCAL AGREEMENT (hereinafter “Agreement”) FOR DESIGN AND
CONSTRUCTION OF SIDEWALK IMPROVEMENTS ALONG N. NEW BRAUNFELS
AVENUE (Castano Avenue to Claywell Drive) is made and entered into by and between CITY
OF SAN ANTONIO, TEXAS, a Texas Home Rule Municipality (hereinafter, “COSA”), and
CITY OF ALAMO HEIGHTS, a Texas Home Rule Municipality (hereinafter, “COAH”).
COSA and COAH shall collectively be referred to herein as the “Parties.”
WITNESSETH
WHEREAS, both of the Parties are political subdivisions of the State of Texas, and desire
to enter into this Agreement in accordance with the provisions of the Interlocal Cooperation Act,
pursuant to Chapter 791 of the Texas Government Code; and
WHEREAS, the Parties agree that improvement of the sidewalks along North New
Braunfels Avenue from Castano Avenue to Claywell Drive is necessary for the safety, health, and
wellness of the residents of both cities; and
WHEREAS, COSA has agreed to design and construct sidewalk improvements along N.
New Braunfels Avenue from Castano Avenue to Claywell Drive within the city limit of COSA
(hereinafter, “Project”), as described in the Project Scope attached as Exhibit A; and
WHEREAS, the Parties estimate the total cost of the project is $232,000.00, as set forth
in the Project Budget attached as Exhibit B, and agree to share Project completion costs; and
WHEREAS, COSA will be responsible for half of the Project costs; and
WHEREAS, COAH will contribute half the Project costs to COSA; and
WHEREAS, COSA and COAH desire to enter into this Agreement in order to establish
Attachment B

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the obligations of the Parties with regard to the funding, design, and construction of the Project;
NOW, THEREFORE, in consideration of the mutual covenants and agreement stated
herein, the Parties agree as follows:
ARTICLE I
PURPOSE AND LEGAL AUTHORITY
1.01 Each of the foregoing recitals are incorporated into and made a part of this Agreement.
1.02 The purpose of this Agreement is to establish the terms and conditions under which COAH
agrees to provide funding to COSA in an amount not-to-exceed ONE HUNDRED AND
SIXTEEN THOUSAND AND NO/100 DOLLARS ($116,000.00) for costs incurred as
part of the design and construction of the Project.
1.03 The Parties certify that the services provided in this Agreement are services that are
properly within the legal authority of the Contracting Parties in accordance with the
Interlocal Cooperation Act, Texas Government Code, Chapter 791, et. seq.
ARTICLE II
TERM
2.01 Except as otherwise provided herein, this Agreement shall commence upon the execution
date of the last signatory party to the Agreement and shall continue for three (3) years,
subject to rights of termination set out in this Agreement.
2.02 This Agreement renews automatically without the necessity of further action by either
Party for an additional term of three years (“Extended Term”) effective immediately upon
the expiration of the previous term, unless one of the Parties desires to terminate this
Agreement.
2.03 If a Party desires to terminate this Agreement, the terminating Party must provide written
notice of the terminating Party’s intent not to renew to the non­terminating Party at least
thirty (30) days prior to the expiration of the original term or Extended Term.
Attachment B

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2.04 Each effective Extended Term will be upon the same terms and conditions as initially
provided in this Agreement, unless this Agreement has been amended in accordance
with the provisions of this Agreement.
ARTICLE III
DESIGNATION OF REPRESENTATIVES
3.01 COSA hereby appoints the City of San Antonio Public Works Director, or designee,
(“COSA Project Manager”) as its designated representative under this Agreement.
COSA’s Project Manager shall be the primary point of contact for COAH.
3.02 COAH hereby appoints the City of Alamo Heights Public Works Director, or designee,
(“COAH Project Manager”), as its designated representative under this Agreement.
COAH’s Project Manager shall be the primary point of contact for COSA.
ARTICLE IV
COAH’S RESPONSIBILITIES
4.01 COAH will allow COSA the right to access the site, as described in Exhibit “A” herein, for
the installation, maintenance, inspection, repair and replacement of the Project.
4.02 COAH will cooperate in the issuance of any permits, inspections, or other COAH
procedures that may be necessary for the completion of the Project.
4.03 COAH shall commit up to $116,000.00 towards the Project and shall share the costs of the
project with COSA .
4.04 COAH shall submit its share of the costs in one payment for the full amount prior to the
start of construction.
ARTICLE V
COSA’S RESPONSIBILITIES
5.01 COSA will design, construct and maintain the sidewalk improvements described in Exhibit
“A” within the COSA right-of-way. The location will comply with all applicable laws and
Attachment B

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ordinances and will not create a road hazard or obstruction. COSA will be responsible for
inspecting the Project.
5.02 COSA shall share the costs of the Project in the not-to-exceed amount of $116,000.
5.03 COSA shall notify COAH at least twenty-four (24) hours prior to the initial construction
of the Project.
5.04 COSA shall submit one invoice to COAH for COAH’s share of the project cost prior to
commencement of construction.
ARTICLE VI
JOINT OBLIGATIONS OF THE PARTIES
6.01 The Parties have agreed upon the construction of the improvements to be integrated into
the Project as provided in Exhibit "A".
6.02 Substantial changes to the project require the approval of each Party.
6.03 The Agreement is subject to appropriation of funds each fiscal year.
ARTICLE VII
PROJECT MANAGEMENT DURING DESIGN AND CONSTRUCTION
7.01 COSA shall manage, oversee, administer and carry out all of the activities and services
required for the design and construction monitoring of the Project, to ensure that this Project
is designed, constructed and completed with new materials in a good and workmanlike
manner and in accordance with the terms of this Agreement.
7.02 COSA shall enforce substantial compliance, pursuant to the terms of the agreement with the
Contractor and require that work continuously and diligently be performed to achieve
substantial completion on or before the scheduled completion date set out in the Project
Schedule.
ARTICLE VIII
Attachment B

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TERMINATION AND DEFAULT
8.01 In the event of a material breach of this Agreement, the non-breaching Party shall give the
breaching Party written notice of such breach which shall detail the nature of the breach.
The Party receiving the notice of breach shall be given sixty (60) days to cure the breach.
If the breach is not corrected to the satisfaction of the non-breaching Party by the end of
the sixty (60) day period, the non-breaching Party may be given written notice of
termination to the breaching Party and seek to recover damages not to exceed the amount
paid by the non-breaching Party toward construction of the Project.
8.02 In the event no funds are appropriated for this agreement, each Party has the right in any
given fiscal year to terminate this contract without penalties of any sort.
ARTICLE IX
PRIOR AGREEMENTS SUPERSEDED
9.01 This Agreement, including the exhibits, constitute the entire Agreement of the Parties
regarding the subject matter of this Agreement and supersede all previous agreements and
understandings, whether written or oral, relating to such subject matter.
ARTICLE X
ASSIGNMENT OR TRANSFER OF INTEREST
10.01 Neither Party is permitted to unilaterally assign its rights, privileges, and obligations under
this Agreement, in whole, or in part, without the prior written consent of the other Party.
Any attempt to assign without such approval shall be void.
ARTICLE XI
LEGAL CONSTRUCTION
11.01 In case any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or
unenforceable provision shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been
Attachment B

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contained herein.
ARTICLE XII
COMPLIANCE WITH LAWS AND ORDINANCES
12.01 Both Parties shall comply with all federal, state, and local laws and ordinances in
connection with the work and services performed under this Agreement.
ARTICLE XIII
TEXAS LAW TO APPLY AND VENUE
13.01 This Agreement shall be governed by and construed under and in accordance with the laws
of the State of Texas, and all obligations of the Parties created hereunder are performable
an enforceable in Bexar County, Texas. Any legal actions regarding the Parties’ obligation
under this Agreement must be filed in Bexar County, Texas.
ARTICLE XIV
AMENDMENT
14.01 No amendment, modification, or alteration of the terms hereof shall be binding unless the
same be in writing, dated subsequent to the date hereof, and be duly executed by the Parties
hereto.
ARTICLE XV
NOTICES
15.01 All notices provided to be given under this Agreement shall be in writing and shall either
be personally served against a written receipt therefore or given by certified mail or
registered mail, return receipt requested, postage prepaid and addressed to the proper party
at the address which appears below, or at such other address as the Parties hereto may
hereafter designate in accordance herewith. All notices given by mail shall be deemed to
have been given at the time of deposit in the United States mail and shall be effective from
such date.
If to COAH: City of Alamo Heights
Attn: Public Works Director
6116 Broadway
San Antonio, TX 78209
If to COSA: Razi Hosseini, Director
Attachment B

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City of San Antonio – Public Works
P.O. Box 839966
San Antonio, Texas 78283-3966
ARTICLE XVI
FORCE MAJEURE
16.01 Neither Party shall be responsible for delays or lack of performance by such entity or its
officials, agents or employees which result from acts beyond that entity’s reasonable
control including acts of God, strikes or other labor disturbances, or delays by federal or
state officials in issuing necessary regulatory approvals and/or licenses. In the event of any
delay or failure excused by this Section, the time of delivery or of performance shall be
extended for a reasonable time period to compensate for delay.
ARTICLE XVII
MULTIPLE COUNTERPARTS
17.01 This Agreement may be executed in separate identical counterparts by the Parties hereto
and each counterpart, when so executed and delivered, will constitute an original
instrument, and all such separate identical counterparts will constitute but one and the same
instrument.
ARTICLE XVIII
MISCELLANEOUS
18.01 The relationship between the COSA and COAH under this Agreement shall be that of
independent contractors, and not that of partners, joint venturers, or any other relationship.
This Agreement sets out the entire Agreement of the parties in connection with the subject
matter addressed herein and may be modified or amended only in a writing executed by
both the COSA and COAH.
18.02 Nothing in this Agreement shall be constructed to waive, modify or amend any legal
defense available to the Parties or any past or present officer, elected official, agent, or
employee of the participating political subdivisions including, but not limited to
governmental immunity from suit as provided by law.
Attachment B

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18.03 The execution and performance of this Agreement by COAH and COSA have been duly
authorized by all necessary laws, resolutions or corporate action, and this Agreement
constitutes the valid and enforceable obligations of the COAH and COSA in accordance
with its terms.
EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE ______ DAY OF _____________
2023.
CITY OF SAN ANTONIO CITY OF ALAMO HEIGHTS
By: ___________________________ By: _____________________________
ERIK WALSH, City Manager BUDDY KUHN, City Manager
Date: _________________________ Date: ____________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
_______________________________ _________________________________
ANDREW SEGOVIA, City Attorney FRANCISO J GARZA, City Attorney
Attachment B

Project Scope as Proposed (Castano to Claywell) West Side
• Possible FY24 work
• Possible Contribution
from Alamo Heights
• Time to work Alamo
Heights contribution
• 1,778 feet of sidewalk
• 1,571 feet of curb
• Twelve (12) wheel
chair ramps
• Six (6) Alley
approaches
• Three (3) Residential
approaches
• Multiple sections of
retaining wall needed
• Bus stop pads will be
retained
Exhibit A

Sample Design –First Block (Retama Pl to Castano) Exhibit A

N. New Braunfels and W. Castano South Limits
Alamo Heights High
School
Exhibit A

N. New Braunfels and Halcyon South
Exhibit A

N. New Braunfels and Halcyon North
Exhibit A

N. New Braunfels and Retama South
Exhibit A

N. New Braunfels and Retama North
Exhibit A

N. New Braunfels and E. Fair Oaks South
Exhibit A

N. New Braunfels and E. Fair Oaks North
Exhibit A

Exhibit A

N. New Braunfels and E Elm View Intersection
Exhibit A

N New Braunfels and E. Edgewood South
Exhibit A

N New Braunfels and E Edgewood North
Two trees may need to be removed
Exhibit A

N. New Braunfels and E. Edge View Intersection
Exhibit A

Northern Project Limits: N. New Braunfels and Claywell
Exhibit A

N New Braunfels–(Castano to Claywell) Quad Sheet
Exhibit B

Attachment C
ORDINANCE NO. 2200
AN ORDINANCE AMENDING THE ADOPTED GENERAL FUND
OPERATING BUDGET FISCAL YEAR 2022-2023 BY $116,000 TO FUND
SIDEWALK AND CURB IMPROVEMENTS ALONG THE WEST
PORTION OF N. NEW BRAUNFELS AVENUE FROM CASTANO TO
CLAYWELL
WHEREAS, the City of Alamo Heights will be entering into an Interlocal Agreement with the
City of San Antonio; and
WHEREAS, the Interlocal Agreement will be for cost sharing of constructing sidewalk and curb
improvements on the west portion along N. New Braunfels from Castano Avenue to Claywell
Drive; and
WHEREAS, the City of Alamo Heights and City of San Antonio (COSA) agree that improvement
of the sidewalks along North New Braunfels Avenue is necessary for the safety, health, and
wellness of the residents of both cities; and
WHEREAS, COSA has agreed to design and construct sidewalk improvements and Alamo
Heights has agreed to pay half of the project costs not to exceed $116,000 and funds are available
in the adopted General Fund operating budget; and
WHEREAS, this budget amendment will provide the funding for the City’s portion of the
sidewalk and curb improvements; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALAMO HEIGHTS, TEXAS that the adopted General Fund operating budget for Fiscal Year
2022-2023 has a positive fund balance of $240,197 and is amended by $116,000 within the
Administration budget account 10-542-9250.
PASSED AND APPROVED this 27th day of March, 2023.
_____________________________________
BOBBY ROSENTHAL, MAYOR
ATTEST:
__________________________________
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
FRANK J. GARZA, CITY ATTORNEY