Ordinance No. 15,544 ORDINANCE NO. 15,544
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE
DISTRICT FOR THE USE OF ITS WELLNESS CENTER AND SWIMMING
POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute an Interlocal Agreement with Lee College District for the use
of its Wellness Center and Swimming Pool by City Council Members and City employees. A
copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 14a'day of September, 2023.
DON CAPETILLO ayor
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SCOTT L D,City Attorney
R:Karen Anderson.ORDINANCES\2023\2023.09.14UnterlocalwithLeeCollege-FitnessCenter.docx
EXHIBIT "A"
INTERLOCAL AGREEMENT
BETWEEN LEE COLLEGE
AND THE CITY OF BAYTOWN FOR USE OF WELLNESS CENTER AND
SWIMMING POOL
1. Parties.This INTERLOCAL AGREEMENT is made and entered into by and between
the Lee College District(the"District"), whose address is 511 South Whiting,Baytown,TX 77521,and
the City of Baytown(the"City"),whose address is 2401 Market Street,Baytown 77520.
2. Purpose. The purpose of this 11-4TERLOCAL AGREEMENT is to establish the
terms and conditions under which the city employees,spouses,and council members will be able to use
the District's Wellness Center and swimming pool. This INTERLOCAL AGREEMENT is intended to
help ensure that District's resources are put to good use and that the consideration received is utilized for
the District's educational mission.
3. Term of INTERLOCAL AGREEMENT. This INTERLOCAL AGREEMENT
is for a 12-month duration effective October 1,2023,and ending September 30,2024.This
INTERLOCAL AGREEMENT may be terminated,without cause,by either party upon thirty(30)days'
advance written notice,which notice shall be delivered by hand or by certified mail to the address listed
above. If this INTERLOCAL AGREEMENT is terminated pursuant to this section,the District shall
within thirty(30)days of such termination refund a portion of what the City paid for use of the Wellness
Center and swimming pool based upon the number of days remaining in the term after the termination of
the INTERLOCAL AGREEMENT.
4. Responsibilities of the District. The District will provide use of the Wellness Center
and swimming pool to the City's employees,spouses,and council members for the cost of$158 per
person for a term of twelve months and a prorated fee of$79 per person for a term of six months or less.
All existing Wellness Center rules that apply to the District's employees will also apply to the City's
employees,spouses,and council members.The District is not responsible for any injuries sustained by
City's employees,spouses,or council members while on the District's property to use the Wellness
Center and swimming pool. The District reserves the right to remove City employees,spouses,or council
members for non-payment,failure to follow rules,or for any reason within the District's reasonable
discretion.
5. Responsibilities of the City's Employees and Council Members. The City's
employees,spouses,and council members are to register through The Center for Workforce and
Community Development for use of the Wellness Center and swimming pool.The City's employees,
spouses,and council members will park in the parking lot south of the railroad tracks off Lee Drive when
using the Wellness Center and/or swimming pool.
6. General Provisions
A. Amendments. Either party may request changes to this INTERLOCAL
AGREEMENT. Any changes,modifications,revisions,or amendments to this IIVTERLOCAL
AGREEMENT which are mutually agreed upon by and between the parties to this INTERLOCAL
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AGREEMENT shall be incorporated by written instrument,and effective when executed and signed by
all parties to this INTERLOCAL AGREEMENT.
B. Applicable Law. The construction, interpretation and enforcement of this
INTERLOCAL AGREEMENT shall be governed by the laws of the State of Texas. The courts of the
State of Texas shall have jurisdiction over any action arising out of this INTERLOCAL AGREEMENT
and over the parties,and the venue shall be the Harris County District Court.
C. Entirety of Agreement. This INTERLOCAL AGREEMENT,
consisting of 4,pages,represents the entire and integrated agreement between the parties and supersedes
all prior negotiations,representations,and agreements,whether written or oral.
D. Severability. Should any portion of this U41MRLOCAL AGREEMENT be
judicially determined to be illegal or unenforceable,the remainder of the INTERLOCAL AGREEMENT
shall continue in full force and effect,and either party may renegotiate the terms affected by the
severance.
E. Third Party Beneficiary Rights. The parties do not intend to create in any
other individual or entity the status of a third-party beneficiary,and this HMRLOCAL AGREEMENT
shall not be construed so as to create such status. The rights,duties and obligations contained in this
INTERLOCAL AGREEMENT shall operate only between the parties to this INTERLOCAL
AGREEMENT and shall inure solely to the benefit of the parties to this INTERLOCAL AGREEMENT.
The provisions of this INTERLOCAL AGREEMENT are intended only to assist the parties in
determining and performing their obligations under this INTERLOCAL AGREEMENT. The parties to
this INTERLOCAL AGREEMENT intend and expressly agree that only parties signatory to this
INTERLOCAL AGREEMENT shall have any legal or equitable right to seek to enforce this
INTERLOCAL AGREEMENT,to seek any remedy arising out of a parry's performance or failure to
perform any term or condition of this INTERLOCAL AGREEMENT or to bring an action for the breach
of this 11VTERLOCAL AGREEMENT.
F. Immunity. No party waives any immunity by entering into this INTERLOCAL
AGREEMENT.
G. Laws and Policies. The parties agree to comply with all applicable laws and
regulations in the performance of this INTERLOCAL AGREEMENT. This INTERLOCAL
AGREEMENT shall be subject to the College's policies and regulations.The College shall retain
control of its premises and programs.
7. Signatures. In witness whereof,the parties to this INTERLOCAL AGREEMENT
through their duly authorized representatives have executed this INTERLOCAL AGREEMENT on the
days and dates set out below,and certify that they have read,understood,and agreed to the terms and
conditions of this INTERLOCAL AGREEMENT as set forth herein.
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The effective date of this 1NTERLOCAL AGREEMENT is October 1,2023.
CITY OF BAYTOWN
Jason Reynolds,City Manager Date
LEE C LLEGE` /
„,J.
Dr.Lynd illanueva,President Date 8/18/2023
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