Ordinance No. 13,888ORDINANCE NO. 13,888
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 affirmatifr
te of the City Council of the
City of Baytown, this the 27th day of September, 2018.
STWH Y DONCARLOS,
AT�iTEST:
L TICIA BRYSCH, Clerk
APPROVED AS TO FORM:';
U
46&
ACIO RAMIREZ, SR., &Attorney
1lcobfsOIUegahKarenTilesTity CouncillOrdinances\20181september 27\LeeCollegeFitnessInterlocal.doc
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, 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
term of one year commencing on October 1, 2018, and ending on September 30, 2019. 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
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.
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 terms and conditions of this INTERLOCAL AGREEMENT as set forth herein.
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The effective date of this INTERLOCAL AGREEMENT is October 1, 2018.
CITY OF BAYTOWN
Richard L. Davis, City Manager Date
LEE COLLEGE
Dr. Dennis Brown, President Date
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