Ordinance No. 13,448ORDINANCE NO. 13 ,448
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 THE 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 the 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 PASS ED by the affirmati ote of the City Council of the
City of Baytown, this the 13th day of April , 2017.
APPROVED AS TO FORM :
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Exhibit "A"
INTERLOCAL AGREEMENT BETWEEN
LEE COLLEGE DISTRICT
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 INTERLOCAL AGREEMENT is to
establish the terms and conditions under which the city employees 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 12-month duration effective April1, 2017 and ending March
31, 2018. This INTERLOCAL AGREEMENT may be terminated, without cause, by
either party upon 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 and council members
for the cost of $158 per person for a term of twelve months. All existing Wellness
Center rules that apply to the District's employees will also apply to the City's
employees and council members. The District is not responsible for any injuries
sustained by the City's employees 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 or council members for non-payment, failure to
follow rules or for any other reason within the District's reasonable discretion.
5. Responsibilities of the City's Employees and Council Members. The
City's employees are to register at the workforce and community development
building at 909 Decker for use of the Wellness Center and swimming pool. The
City's employees 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 INTERLOCAL AGREEMENT which are mutually agreed upon
by and between the parties to this INTERLOCAL AGREE:rvffiNT shall be
incorporated by written instrument, and effective when executed and signed by all
parties to this IN1ERLOCAL AGREEMENT.
B. Applicable Law. The construction, interpretation and
enforcement of this INTERLOCAL AGREEl\ffiNT 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 AGREEl\ffiNT,
consisting of 3, 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 INTERLOCAL
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 INTERLOCAL AGREEl\ffiNT shall not be construed so as to create such
status. The rights, duties and obligations contained in this INTERLOCAL
AGREEl\ffiNT 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 prov1s1ons of this INTERLOCAL
AGREEMENT are intended only to assist the parties in determining and
performing their obligations under this INTERLOCAL AGREEl\ffiNT. 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 party's performance or failure to
perform any term or condition of this INTERLOCAL AGREEMENT,
or to bring an action for the breach of this INTERLOCAL AGREEMENT.
F. Immunity. No party waives any immunity by entering into
this INTERLOCAL AGREEMENT.
C . lnsuranee. The City shall be reqH:ireti te eaff)' eemmeroially
reasonable liability insttranee eovefirtg the matters set t:ertk ifi this
INTERLOCAL AGREEMENT anti pre71itie preef ef s&me as is required by
th:e Distriet.
H. 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 .
The effective date of this INTERLOCAL AGREEMENT is April 1, 2017.
LEE COLLEGE
Dr. Dennis Brown, President Date
CITY OF BAYTOWN
Richard L. Davis, City Manager Date