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Ordinance No. 16,043 ORDINANCE NO. 16,043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE PURPOSE OF EXPLORING THE FEASIBILITY AND PARTNERSHIP OF THE CITY OF BAYTOWN AND THE LEE COLLEGE DISTRICT FOR THE DEVELOPMENT OF A MULTI-PURPOSE PUBLIC FACILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ***************************************************************************** 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 and the City Clerk to attest to an Interlocal Agreement with Lee College District for the purpose of exploring the feasibility and partnership of the City of Baytown and the Lee College District for the development of a multi-purpose public facility. 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 16t1' day of January, 2025. ARLES JO SON, Mayor ATTEST: V0010wN �(�°°°°oeoeoaoo°r� e °o `2 1�0o %N n e ANGEL A CKSON, City 0 e CO ee�- �4 APPROVE A TO FORM: SCOTT LEPOND, City Attorney R:Ordinances and Resolutions Ordinance Drafts\2025-01-16 Authorizing ILA with Lee College for Potential Multi-Purpose Venue.kh.docx EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN LEE COLLEGE AND CITY OF BAYTOWN. TEXAS This Interlocal Agreement (the "Agreement") is made to be effective as of the 16`l' day of January, 2025 by and among the Let College District, a public community college and political subdivision of the State of Texas ("Lee College") and the City of Baytown. Texas, a Texas home rule municipality (the "City"). Lee College and the City may be referred to individually as a Partv or collectively as the Parties. RECITALS A. Lee College xvas created to be a public community college centrally located in Baytown. Texas. for the purposes of advancing the education of individuals, and enabling all students to pursue Opportunities. B. Section 791.003'(4)(A). Texas Government Code, provides that a `political subdivision11 such as Lee College, is a "local government„ for purposes of the Interlocal Cooperation Act, `which Act has been codified as Chapter 791, as amended. Texas Government Code ( "Chapter 791"). C. Section 791.003)(4)(A), Texas Government Code, provides that a municipality. such as the City, is a "local government" for purposes of Chapter 791. D. Section 791.01 1(a), as amended. Texas Government Code, provides that "[a] local government may contract or agree \6 th another local government... to perform governmental functions and Services in accordance with [Chapter 791 F. Due to the Joint and mutual interests held by the Parties, the Parties desire to enter" into this Agreement to memorialize the terms pursuant to which the Parties may operate and act on behalf of one another- In performing and assisting with various Services on for the purposes of building a multipurpose public faciIity(s). F . The terms of each project or service approved by the City and to be accepted bv Lee College (each a "Project" and, collectively. the "Projects"') shall be evidenced In an addendum in a form approved by the Parties ("Addendum") and each Addendum shall be subject to the terms and conditions of this Acyreenlent. G. This Agreement shall constitute an interlocal cooperation agreement as authorized pursuant to the provisions of Chapter 79 1. Il. The adoption of this Agreement is fOLInd and determined to be In the best interest of the residents of the City and Lee College in furtherance of the Parties public purposes. Intalocal Agl'c..'cnient L kk College Lilly ( It\ of Bel\-tok1 n pauje I 1) PURPOSE, RIGHTS, & DUTIES A) Each of the Parties finds that entering- into this Agreement is for the purpose of advancing the collaborative ideas and objectives of the parties as they relate to the bulldln(Y of a multipurpose public facility" (tile `Facility"), provided that nothing- herein commits either party to building such Facility. B) Lee Collette a,rees to the followincy terms related to the buildinu of Facility I. Participate with the City In feasibility and planning process for de-veloping the role of Lee College in the Facility, li. Obtain Lee College stakeholder input oil feasibility and scope of portions of Facility to be utilized by Lee College, and iii. Coordinate x`''*lth City oI1 ldetltlfyln� potential ftlndln� Sources ft-OIl1 Lee C'olle�e or other parties: and iV V. Lee College may en�a,e in discussionswith the City re�ardin^ the exchan`je, swap, donation, purchase or sale of land to facilitate development of the Facility. C) City aurets to the follOw inU terms related to the bLllldlll('i of Facility: I. Conduct a feasibility and planninu process foi- development of the Facility, II. Coordinate with Lee Collecye to identity potential uses of the Facility by Lee C'olle(ye and consider these In the feasibility' and plannin^ process, and III. Obtain City stakeholder input On feasibility and scope of Facility: and IV. The City may explore oppOrtllllities to c'xcllall�e, swap. donate, purchase. Or soil parcels of land to support the development of the Facility: and V. Collaborate with Let College to develop a master plan that maximizes tilt -value and utility of any exchanuled. donated, Or purchased land. D) Ownership and use of work material i. All drawillUYs, specifications, plans, Computations, sketches, data. records, photouraphs, tapes. renderincls, models. publications. statements. accounts. reports, studies, and Other materials prepared by the City Or any City Subcontractors In connection with the services provided by the City under this A1reernent ( collectively. '`York tilaterial"), are the sole property of the City and for its exclusIkie use and re use at any time. The Work Material will not be used by any person or Or(yanization ether than the City on other projects unless expressly authorized by the City in writing. The Work Material «ill not be used or published by Lee College or any Other party unless expressly authorized by the City in Writincy. Let C'olle(--Ye has a hCeIlSe to use such Work Material for the purpose of carryin` out this Acyreement and will treat all Work tilaterial as confidential. Nothinc In this ac1reement will serve to transfer either party's intellectual property rights to one another except as set forth herein. E) To the extent Lee Col leue is paying for the performance of -governmental functions or services. those payments are from current revenues available to Lee Collecye. Intk2riocal Agircenicnt L�c CoII�,_jc and Cio, of Bel%to� kn P.<_c ) F) To the extent the City is paying for the performance of governmental functions or services, those payments are from current revenues available to the City. 2) ASSIGNMENT Neither Party shall assign its rights or obligations under this Agreement. 3) NOTICES All notices and communications permitted or required to be given under this Agreement will be in in writing and will be deemed delivered in person or deposited in the United States mail, postage, prepaid, addressed as follows: If to: CITY Contact: Jason Reynolds Title: City Manager Address: 2401 Market Street, Baytown, TX 77520 Email: jason.re nnoldsL&baytowq,.M If to: LEE COLLEGE Contact: Dr. Lynda Villanueva Title: President Address: 511 S Whiting; P.O. Box 818; Baytown, TX 77522 Email Lvillanueva(c6lee. edu Any such notices will be either (a) sent by certified mail, return receipt requested, in which case such notice will be deemed delivered three (3) business days after the deposit thereof, postage prepaid, in the United States mail, or (b) sent by a nationally recognized overnight courier, in which case such notice will be deemed delivered upon actual receipt, or (c) delivered by hand delivery, in which case such notice will be deemed delivered upon receipt, or (d) sent by email transmission, in which case such notice will be deemed delivered upon actual receipt. The above address and email may be changed by written notice to the other party; provided, however, that a notice of a change of address will not be effective until actual receipt of such notice. Copies of notices are for informational purposes only; and a failure to give or receive copies of any notice will not be deemed a failure to give notice. If any notice, letter or information herein requires "actual receipt," such notice, letter, or information will not be deemed received until the party entitled to receive the same has physical possession of such notice, letter or information. The term "business day" as used in this Agreement will mean a day that is not a Saturday, Sunday, or legal holiday in Houston, Texas. 4) TERM The term of this Agreement will be from January 16, 2025 through January 16, 2026 ("Term") unless renewed or earlier terminated as set forth. This Agreement is renewable upon written consent of both parties. Interlocal Agreement - Lee College and City of Baytown Page 13 5) TERMINATION This Agreement may be terminated for convenience by elther Party with or without cause upon ten (10) days prior written notice to the other Party. 6) GO`'ERNING LAW This Agreement and the rlgllts and obligations arising hereLnder will be govei-ned by, constl-Lied and enforced in accordance with the laws of the State of Texas kvithout regard to the conflicts or choice of law principles thereof. 7) NO WAI`'ER OF IMMUNITY Nothincy contained In this Agreement nor the execution of this Agreement, or the performance of any obligation hereunder will operate to or be deemed to waive any immunity or defense of any City trustee, officer, employee, VOILinteer, representative. or agent or any College trustee. officer, employee, `OILlnteer, representative, or agent may he entitled Under laNv. 8) ENTIRE AGREEMENT This Agreement contains the entire Agreement of the parties and there are no other promises ol" conditions In any other Agreement whether oral or written. This Agreelllent supersedes anv prior Written or oral A(ireement between the parties. By slgning this Agreement, the aLlthorlty representln(y entitles agree to the terms stated for their respective organl7atlon. 9) MODIFICATION OF AGREE IENT This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 10) SE`"ERABILITY It any provision of t111s Agreement is held to be invalid or Unenforceable for any reason. the remaining provisions Will continue to be valid and enforceable provided that the terms, c;ondltions. and Underlying meaning of the contract may be carried out. 11) JURISDICTION; VENUE The Parties irrevocably and Unconditionally consent to t11e jurisdiction of the State of Texas, and agree that any court of competent j Urlsdiction located in I-IoLlston. Harris County, Texas, XviII be an appropriate and convenient place ofvenue and will be the sole and exclusive place of venue to resolve any dispute `vith respect to this Agreement. 12) NON -BINDING AGREEMENT Illtk'r1ocal Agrc't'.I1m1I L-ce ollcglind C it% o B,1%tm\11 P"iu' 4 This Agreement is intended to constitute an expression and mutual understanding of the Parties' willingness to work collaboratively in support of the above purpose. Neither of the Parties intend this Agreement will create any legally binding or enforceable obligations. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the date and year last written below. LEE COLLEGE Interlocal Agreement - Lee College and City? of Bavtow�n Page President DATE: CITY OF BAYTOWN, TEXAS City Manager DATE: Approved as to Fonn City Attorney Interloral A-ure ment - Lee Colle�,e and Citv of Bavtown Page 16