Ordinance No. 1,4510
ORDINANCE NO.1451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING ANDDIRECTING THE MAYOR TO EXECUTE ANDTHE CITY CLERK
ATTESTTO A CONTRACTWITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT WITH REGARD TO JOINT USE OFHORACE MANN JUNIOR
SCHOOL AND AUDIO VISUALCENTER AS A PARK-PLAYGROUND AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
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 Mayor to execute and the City Clerk attest to a
contract with the Goose Creek Consolidated Independent School Districtwith
regard to joint use of Horace Mann Junior School and Audio Visual Center as
a park-playground.A copy of the contract is attached hereto,marked Exhibit "A",
and made a part hereof 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 on
thi s 23rd day of August ,1973.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
EXHIBIT "A"
THE STATE OF TEXAS I
ICOUNTYOFHARRIS\
WHEREAS,Article 60811,V.A.T.S.,Acts 1967,60th Legislature,specificall>
provides for the joint operation of parks and playgrounds by a city and an
independent school district;and
WHEREAS,both the City of Baytown and the GooseCreek Consolidated
Independent School District have recognized the need for providing adequate
recreational facilities for theuse and benefit of the general population of
the City of Baytown,and especially for the benefit of school age children;
and
WHEREAS,the Goose Creek Consolidated Independent School District
has a certain school playground available for joint use as a park-playground
development;and
WHEREAS,a substantial savings to the public will result by the joint
development anduse of school playgrounds for both school and park-playground
purposes;and
WHEREAS,by joint use of school facilities for both school playgrounds
as well as for park-playground purposes,the public will benefit by having
more and better located facilities;NOW THEREFORE,
KNOW ALLMEN BY THESE PRESENTS:This AGREEMENT,made and entered
into this the day of ,1973,by and between the City
of Baytown,a municipal corporation of Harris County,Texas,hereinafter called
"City",andthe Goose Creek Consolidated Independent School District,a body
corporate,hereinafter called "School",each party acting by and through its
duly authorized officers:
I.
That forand in consideration of the premises and the mutual agree
ments of the parties hereto,each to the other,the parties do hereby agree
to jointly operate a park-playground on property presently owned by the School,
said school property being known as the Horace Mann Junior School and Audio
Visual Center.
This agreement to jointly operate a park-playground shall be for a
period of Twenty (20)years,however,it is agreed by the parties hereto that
the same may be terminated at the request of either the City or the School
upon six months written notice.Should the School elect to terminate this
agreement,it is agreed that it will comply with the provisions of Section
VII herein.This agreement may be extended for an additional period of time
by mutual agreement of the parties.
II.
In consideration of the School's agreement to provide the above mentioned
school playground forthe creation of a joint park-playground,the City has
agreed to construct thereoncertain improvements,to-wit:
Playground equipment and basketball courts,other improvements,
all as indicated in those certain plans and specifications here
tofore approved by both parties.The cost of installation for
all such improvements shall be borne by the City.
III.
It is hereby agreed that the School shall be responsible for the maintenance
of the grounds included in such park-playground during the normal school term
of each year during the term of this agreement.The City shallbe responsible
for the maintenance of such grounds,as well as the remainder of the Horace
Mann Junior School and Audio Visual Center grounds,during the summer term
when school is not in session during therterm of this agreement.It is agreed
and understood that the City shall be responsible for all maintenance on the
park-playground improvements on a year roundbasis throughout the term of this
agreement.
IV.
During normalschool hours during thenormal school term,the School
shall have the right to use all improvements mentioned herein in any manner
itsees fit in conducting its school program.During such time,the School
shall have the right to exclude the general public from such area and exercise
exclusive control for the use of sucharea by its students as shall be determined
necessary by appropriate school authorities.
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A^-V
After normal school hours during the normalschool term,the use of
such park-playground shall be under the administrative responsibility and control
of the City,acting by and through its Director of Parks and Recreation.It
is herein agreed,however,that said school term,the School may use all or
such portions of the park-playground as mutually agreed uponby the school
authorities andthe Director of Parks and Recreation.In the event that the
administrative authorities of the School and City fail to agree upon theuse
of the park-playground during this time,the matter shall be referred to the
governing bodies of the City and School respectively.
During the summer vacation period,the administrative responsibility
and control and use of the park-playground shallbe in the City,acting by
and through its Director of Parks and Recreation.
V.
the School hereby agrees to make available certain restrooms which
are contiguous to the park-playground on a year round basis during the term
ofthis agreement.The School further agrees to either open and maintain such
restrooms orat its option to furnish keys to the City for this purpose.
VI.
The time and hours for maintenance work on improvements installed
in the park-playground shall be coordinated with the school authorities so
as not to be in conflict with school activities.
VII.
Upon the termination of this agreement,the School agrees to pay to
the City an equitable and reasonable amount for permanent improvements which
may be used bySchool in its program (expressly excluding any such improvements
or facilities which are not generally used in the School system as a whole).
If the City and School cannot agree upon the amount to be paid to the City,
thenit is agreed that the amount to be paid to the City shall be submitted
to arbitration as provided by State law,with the right to appeal reserved
to each party.Any improvements which the School declines to purchase may
be removed by the City.
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•VIII.
It is agreed hereto that should the School desire to modify the area
of the park-playground because of the construction of additional school faci
lities during the termof this agreement,the School will pay the City the
cost of modification and the reconstruction cost of such improvements;or if
they are not to be reconstructed a proportionate amount of their original construc
tion cost,based upon the difference between the normal expected life of the
destroyed property and its unused life.
IX.
The School agrees thatduring the termof this agreement to immediately
report to the City any condition existing on the park-playground area which
is dangerous or could become dangerous to any person to use the said premises.
Upon such notification,the Citywill promptly respond and take remedial measures
as the circumstances require.Nothing herein stated shall place any duty upon
the SchooT to inspect and report any such condition,nor create any additional
obligation,liability or responsibility beyond that which the School District
already has,ifany,to maintain its school grounds in a reasonably safe condition.
This instrument is subject to all legal requirements ofboth the City
and School,and should a court of competent jurisdiction determine any portion
of this agreement to be invalid for any reason,it is the intention of the
parties that the remainder of the provisions shall remain infull force and
effect.
CITY OF BAYTOWN
By.
Tom Gentry,Mayor
ATTEST:
Edna Oliver,City Clerk
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL
DISTRICT
By
Smith,President of Board of
Trustees
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