Ordinance No. 13,739ORDINANCE NO. 13,739
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 PASSED by the affirmative bite of the City Council of the
City of Baytown, this the 12th day of April, 2018. I
ATTEST:
LETICIA BRYSCH, 015 Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C ty Attorney
STWHEN H t5CFNCARLOS, Mayor
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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 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 6 -month duration effective April 1, 2018 and ending
September 30, 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 $79 per person for a term of six 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 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
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remove City employees 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 and council members 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 Iot 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 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 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.
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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 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 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.
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 terns and conditions of this
INTERLOCAL AGREEMENT as set forth herein.
The effective date of this INTERLOCAL AGREEMENT is April 1, 2018.
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LEE COLLEGE
-D�- &-aA21-19
Dr. Dennis Brown, President Date
CITY OF BAYTOWN
Richard L. Davis, City Manager Date
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