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Ordinance No. 1,848 ORDINANCE NO. 1848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT WITH REGARD TO THE JOINT OPERATION OF A LEISURE PARK IN CONJUNCTION WITH BICENTENNIAL ACTIVITIES 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 to attest to a contract with the Goose Creek Consolidated Independent School District with regard to the joint operation of a leisure park in conjunction with Bicentennial activities. 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 Bayotwn. INTRODUCED, READ and PASSED by the affirmative vote of the City Council on this 14th day of August 1975. TOM GENTRY, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: NEE ITARDSON, City Attorney E X H I B I T "A" THE STATE OF TEXAS 0 COT!NTY OF HARK I S WHEREAS, Article 6081t, V.A.T.S. , Acts 1967, Legislature specifically 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 Goose Creek Consolidated Independent School District have recognized the need for providing adequate recreational facilities for the use and benefit of the general population of the City of Baytown, and especially for the benefit of school-age children; 1 and WHEREAS, the Goose Creek Consolidated Independent School District has certain excess school land available for joint use as a park development ; and WHEREAS, a substantial savings to the public will result by the joint development and use of school property for both school and park purposes; and WHEREAS, by joint use of school facilities for both school purposes as well as park purposes, the public will benefit by having more and better located facilities; NOW THEREFORE, ' KNOW ALL MEN BY THESE PRESENTS : This Agreement , made and entered into this the day of 19 by and between the City of Baytown, a Municipal Corporation of Harris County, Texas, hereinafter called "City," and the Goose Creek Consolidated Independent School District , a body corporate , hereinafter called "School , " each party acting by and through its duly authorized officers : W I T N E S S E T H: I. That for and in consideration of the premises and -the mutual agreements of the parties hereto, each to the other, the parties do hereby agree to jointly operate a leisure park on property presently owned by the School, said School property being adjacent to the School Administration offices and described in Exhibit "A" attached hereto. This agreement to jointly operate a leisure park . 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 VI 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 park for the creation of a joint leisure park, the City has agreed to construct thereon certain improvements, to wit : Passive recreation equipment and other improvements, all as indicated in those certain plans and speci- fications heretofore approved by both parties and described in Exhibit "B" attached hereto. 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 mowing of the grounds included in such park on a year round basis throughout the term of this agreement. It is agreed and understood that the. City shall be responsible for all other maintenance on the improvements ark im P P ents � on a year round basis throughout the term of this agreement , cincluding but not limited to the following functions : -2- - 1. Edge and trim around all facilities, trees, curbs and the sidewalk along Market Street . 2. Pick up litter on regular trash run (Mondays and Fridays) . 3. Maintain all special areas (flower beds, trees and shrub groupings, etc. ) . 4. All electrical and water costs, as a result of area lighting or water fountains, will be borne by the city. 5. Maintenance and upkeep of all facilities on the park. 6. Maintenance of drainage ditch. During normal school hours of the normal school term, the School shall have the right to use all improvements mentioned herein in any manner it sees 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 control for the use of such area by its students as shall be determined necessary by appropriate school authorities. After normal school hours and during the summer vacation period, said park shall be open to use by the general public. In the event that the administrative authorities of the School and City fail to agree upon the use of the park during this time, the matter shall be referred to the governing bodies of the City and School respectively. IV. The time and hours for maintenance work on im- provements installed in the park shall be coordinated with the School authorities so as not to be in conflict with School activities. V. 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 by the School 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 _. -3- amount to be paid to the City, then it 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. VI . It is agreed hereto that should the School desire to modify the area of the park because of the construction of additional school facilities during the term of this agreement , the School will pay the City the cost of modi- fication and the reconstruction cost of such improvements; or if they are not to be reconstructed a proportionate amount of their original construction cost , based upon the difference between the normal expected life of the destroyed property and its unused life. VII . The School agrees that during; the term of ' this agreement to immediately report to the City any condition existing on the park area which is dangerous or could become dangerous to any person to use the said premises. Upon such notification, the City will promptly respond and take remedial measures as the circumstances require. Nothing herein stated shall place any duty upon the School to inspect and report any such condition, nor create any additional ob- ligation, liability. or responsibility beyond that which the School District already has, if any, to maintain its school grounds in a reasonably safe condition. This instrument is subject to all legal requirements of both 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 in full force and effect. -4- _-- This contract ' s effective date shall be upon the commencement of construction of the improvements by the City of Baytown, provided that such construction is commenced within twelve (12) months from the effective date of the execution of this agreement ; otherwise this agreement shall be of no binding force and effect. Executed in duplicate originals this the day of 1975. CITY OF BAYTOWN By . TOM GENTRY, Mayor ATTEST: . EDNA OLIVER, City Clerk GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT By__ President of Board of Trustees ATTEST: Secretary of Board of Trustees -5- i E X H I B I T "A" ,Y • I ✓��� z Y V co OULP r gat L • i S� t':a �Jnr h - Areu `- • �np. Mom:-�,/- - - _" - .. o i i A1� i EXHIBIT "B" � 1 -74 r� MA tzK � T 4 - s � c r �L O t M ;s '�,;�Y;,4.,� •- � ie'..i}�,�-...ire \V• 44s,". lip •• 8 S 1 1 / s+j _. :};a. c��� ,wry ro_ �i l', r/ • ?� S i" Q � E � T �" N �n4as5'' .. . . ; ,, �.. � � �� r%. �3�. .�c. •�� �". _� . .�,��� 1'wC;�.� y •.i�.. • � � • X�v �n T c �o� 1 ya•i_4 r 1/e �e ►" d. F t: 4 -- u�� �p o� �::7?� q„itt N fio v 42.120 + T• 17,2. 1 W 4 i 1 r o 4 ` l l 2 CO.qA' I L a b78. :04 10 No. s $lX� !wwo �.�.:' I I f I I a}&r-ed FLhlic Surveyc2r, twreby Cer+'f T�af '�+e Mot 4Sbc"an �E►r�c+n 12dMWI 'a e-)f An Can--The- c9rca�.lnc 156irvey M.p Adv Lulnear My �rec}�or� 4 3�spr.rvl4lor fal'1 Au¢u® 11, 19 T�"+i+t At Gcxn�rB A,r• Aa A. •J. _an$, xss un 471 lusz `.. ...• BUSCH. HUTCHISON & ASSOCIA CONSULTING ENGINEERS 1107 FLEETWOOD DR. EAYT6wi "AWIF000DMON ✓ G•f a CKKD. SCAIg 1%4& .Parks +' rfB toff DAIS 9-1-77 F.R.999 0! �. REViS10N By CM. A". DATE AF�ID. Job� 73•I+s1�I' ; , .rL! a.• ...G`bai4;w. fi:7��` a '� �.,CA•` 'xt'"•„�'Ie t.. dal- i i' vita- :k? n f, A , Ql i�� &-rea' Pule c surveyor, c6 . ... PI at ghcow�rn Ner�sn r.,a 26Fre r�'�9 Thy fzws =f An epm-The- Br-4pur id yurvay Mader L--Ie&r MY 4 !a64=crvtstcarl Ca" Au u aj 11, 19'75, 4 Thiat Ml Cornwm Ars Am . .•. �,, A►. J. 'Stir. rivdV. 471 1ph `:J•w..r....: awn. � �+o-� a ,+' .i........ It �- is` _ �::• BUSCH. HUTCHISON & ASSOCIA CONSULTING ENGINElRS .�"' "► ��,., .'' 1107 FLEETWOOD DR. OA>tT�WN1l1t �- DRA DESIGN -77 r CMKD. sC/1!E DATE 9-1-V F.S.0)9 9111 1 to BY CHKO. AFVD. DATE AFVD. JOS NQ 715•le,�`;► ° : saaoz;IO pazzaOg4n-e ATnp S4T g2noag; pu-e AC[ fuT40'e £a.zLd t ota l4 ° ToogoS„ PaTTP3o aa4jl3uzaa0q ` aTuaodjoo Apoq u ` q.ozaTszg ToogoS 4u9puadapul paT'epTjosuoD xaaao asoOO aq4 pu-e `Al paTT'eo as;T'eutaaag `stxay ` A4UnO3 szaa-EH so uoz4-eaodaoD TudzozunW E `umo;AUg Io A;zO aq; uaam4aq pie Aq SL 6T gsn$ny so B-ep TT ago szgq. o;uz paaa;ua pUU apVW ` ;UGWaa12V STU : S,LNHSH-3d HSHHI Ig NHW `IrIV MONX `HHOJHHHHLU MON fSOT4TTTOUJ pa4tDOT a044aq pine aJOW 2uznreg Aq �-iJauaq TTTM OTTgnd aq4 `sasodand 31aud s-e TTam s�e sasodand Tooqos g4oq aol saT4TITOUI Tooqos o asn uTOC ` I � q SVH2iE[HM x put ` sasodand xa-ad pu'e Tooqos ggoq aol A;jadoad Tooqos TO asn pu'e luauidoTa niap ;uzo C aq; Aq q-Tnsaa TTzm ozTgnd agq- off. sOutn'es Tui;ut;sgns -e `SVE[Ii3HM prse ` q-u@wdOTanap xatd u ste asn q-uzoC aoJ aTgeTtene PuuT Tooqos ssaoxa uTuq-aao sEq 401a;sTg TOOgoS I-uapuadapul pa;tPTTosuOD xaaaD asoog aq; `SVgHgHM f p u� u@JPTTgO a2v;-TOog0s 10 4TIauaq aqj aOJ STTezoadsa pue ` umogdreg To A4TO au4 To uOl;'eTndod Treaauac� aq4 10 ;zIauaq pure asn agp. aOT saz;zTzo-el TreuOzjteaaoaa a;'enbopre Ouzpzaoad aol paau aq:� pazTu2ooaa an-eq ;0za3.szQ ToogoS Iuapuadapul paItPTTOsuOO xaaaO asoog aqq. pine umoqAng To 2�jzO aqq, gq-oq `SVHHHHM pine `. 4ozaj.stp Tooqos 4uapuodapuz ute pine Sq-to V Aq spunoa2AvTd pu-e sxavd To uOTJ.reaado '�uzoC aq; aoj sapznoad ATT'eoTIToads aanj.13jST2aZ ` L96T SI-OV ` ' S'S'V'h ` ITS09 OTOT;aV `SVHHHHM s I zi'ivH do &ZNnoo 0 svxai, do ai'vi'S av • • 1 1 • w 1 TNES S E T H: r That for and in consideration of the premises and the mutual agreements of the parties hereto, each to the other, the parties do hereby agree to jointly operate a leisure park on property presently owned by the School, said School property being adjacent to the School Administration offices and described in Exhibit "All attached hereto. This agreement to jointly operate a leisure park 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 VI 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 park for the creation of a joint leisure park, the City has agreed to construct thereon certain improvements, to wit : 0 Passive recreation equipment and other improvements , all as indicated in those certain plans and speci- fications heretofore approved by both parties -and described in Exhibit "B" attached hereto. 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 mowing of the grounds included in such park on a year round b,.— `:.I�_`raLl ;} 1;t -!-.he term of this agreement . It is agreed and understood that the City shall be responsible for all other maintenance on the park improvements on a year round basis throughout the term of this agreement , including but not limited to the following functions : 2 -......... �._ . ._ aq; uodn aea2v ;ouuVo TooqoS pu'6 A;TD ag; TI • OTognn V sv cua;SAS ToouoS 8u4 uz pasn ATTtJ9u9B ;ou 9av gozgm saz;TTTOVI ao s j.uautaA0jdiuz gons Rule 2uzpnToxa &Tssgadxa) uea2oad SIT uz ToouoS ago Aq pasn aq AVW gDTgM s juacuaA0adwi ju9uvwa9d aol a.unowv aTgvuosvea pu-e aTq-el.znbe uv A.;TD aq; ol. Aged oI saaa2v 1 ToogoS aql ` ;uawaaaf-e sTu.1 10 uoT j�uTWJGj auk. uodn •A •S9T ITAT;0V ToogoS . qlznA 1ozTTuoo uz aq o; ;ou sv os saz;TaOgInv ToogoS aqI g lznn pa 1vuzp.z000 aq T Tvgs Nav d aq; uz paT Tv is uz s;uauU9AOad -WT uo Naom aouvuaIuTvw aol sanoq puv awi; aqs *AI •STaAzI.oadsaa ToogoS puv A;TD aq; 10 sazpoq 2uzu.x9Ao2 aq; o f paaaa�aa aq TZvgs aa;Ivw aq; `9WT I sTq; 2uzanp Nand aqI So asn aq4 uodn 99a2v o; lTvJ AITO puv ToogoS aqZ So s9T. lTaoq;nv 9AT4Va .szuiuPV aqI IVq; Iuana 9q4 uI •DTlgnd Tva9u92 aqI. Aq asn oa. uado aq TTvgs Nand PTvs poz.zad uozIVoVA aGWWns 9q4 2uTinp pine Sanoq Toogos VewaOu a9l.J:y •saz lTaOgInv Toogos 9 jvT doaddv Aq Sayssaoau p0uzcuJ9I9p aq T Tvgs sv sZuapnjs SIT Aq saa:v gons jo asn aqI aOl TOaIuoo aszo.zaxa puV V9aV gons Mal oTTgnd 'T Ba@ua2 aql apnToxa off. Ig271a aq�. aA�g T T�qs ZoogoS aq�. `awT j gons 2uT anQ •uma2oad ZoogoS SIT Ouz I.onpuoo uz ITS SaaS IT a9uuvm Auv uT uiaaaq pauOT Pu9m sI.uaWano.zduzi TTv asn off. 4g2Ta aq j aAVq TTvgs ZoogoS aq!:� `uaaal Toogos Tvuiaou aql So sanoq Toogos TvulaOu 2uTanQ •go4tp 92Vutvap 10 aouvua4uTvpj •9 •x��d aq j uo saz ITTT0V J TTV So daaNdn puv 9ouVu94UTVW •5 •Al-TO aq; Aq auaoq aq TTPA `suzV;unol aO 2uz j.g2TT V9aV So I.Tnsaa v sV `s4soo a 9lBA puV TVoz.zl-oaTa TTV • • ( •o Ia `s2uz dnoa2 gnags puv saaa; `spaq a9mOTX) svaav TvToads TTV uzvq.uiVyq •£ • (sAvPTad puv sAvpuoW) una gsva4 avin29a uo a9l;TT do xoid •Z • Z99alS 4GXavyq BuoTv XTvmapzs aq4 puv sgano saa.zl `saz AZT zoo T Tv punoav Luz al puv aSpa •T ` r r amount to be paid to the City, then it 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. VI . It is agreed hereto that should the School desire to modify the area of the park because of the construction of additional school facilities during the term of this agreement , the School will pay the City the cost of modi- f ication and the reconstruction cost of such improvements; or if they are not to be reconstructed a proportionate amount of their original construction cost , based upon the difference between the normal expected life of the destroyed property and its unused life, VIie The School agrees that during the term of this agreement to immediately report to the City any condition existing on the park area which is dangerous or could become dangerous to any person to use the said premises. Upon such notification, the City will promptly respond and take remedial measures as the circumstances require. Nothing herein O stated shall place any duty upon the School to inspect and report any such condition, nor create any additional ob- ligation, liability or responsibility beyond that which the School District already has, if any, to maintain its school grounds in a reasonably safe condition. This instrument is subject to all legal requirements of both 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 in full force and effect , ►,_ - `�`_ _......,...._+.r`^[sC"-fit--• �.v - ..s^.7M9 -iw1 J i;.5[.......s .+.w+..... _arr...i...rwRL:..r. -._�.-5•�..r./4.----J'f.li- e._.'.�! •;'l?�'•� •rr�-.. This contract ' s effective date shall be upon the commencement of construction of the improvements by the City of Baytown, provided that such construction is commenced within twelve (12) months from the effective date of the execution of this agreement ; otherwise this agreement shall be of no binding force and effect. Executed in duplicate originals this the ! day of 1975. CITY OF BAYTOWN . By TOM GENTRY, Mayor ATTEST: . 0000 EDNA OLIVER, City Clerk GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT d By President of Bard of Trustees ATTEST: Secretary of Boa d of Trustees r . -5- .^+►a,--••-ar. �:ti•. •.t: _R.:,.4 .arr:. .. 1• :--. rai• ..•..•. '.- �,- ��^-».� - •> T,:. •-.• ..max'"• -Y•• �:_cr: 1 r::;-. - t hut, fit 1t'+`E•��Z�_'4`•i lip_ ,. • ' � , - .. - .. .• - � .._ _ •-.. - .. � •�t;ti. is i>:�'-'. � a .. - _ `.r•;. • )•s Y:.- -- _ � �.. - - •. ':z'.T for - a. a1 -_ � � • - - � .• - .. = it/;` �'i7•'•' � .. -� ..• -- � ..' '.. i. _ on All ' - � � •`fit; .� �. -, , ... ... •;}-: , - � � _ :' •Y•-4^fir'-: :. .. '. - . � � � - .. � �. �� � - � - - •.t� rti^ t may:�i ti- .. .. '' � - -y - � � - -_ '-y"•;'-_?!--i`.3'r.�':^'��'�'•,.i .t 11 MIT ' - - - � _ .. ` - � - - � t '•)� �1.- •) it i - �'�`,( r ,-s _i iJ .rl:. _ t. - ... _ _ - � � _ .,�.a. -a •ti � '•=:;ti. .*.•' Cr-. 'ri st: :.a;. , .a;: '�L�7'' _'_ - t +: a 3 tit Jtr..".Y�i`•y^• :Y� :'r ::NUJ\;. .��-.'may�\ it•:..,:i:l`1'• L) .yr'` -.. .,,•:i� .. .. r 7-.. i EXHIBIT "B" T r---i rA4 d. 55 Ye i y D M b y.1 1 zz-, dL a F S7a 7 i 1L 1 I tA i T , A- 3. Jr. Cyr+sty T^s t 'tF e fa, vn 44ereor, p r t'-S T{^a isz ,i u{ii& '--4 An e:'N-1 -'I-v - Cs r'Cat►r-1 d Survey Hacker Lnc►E" Can AEI,"cpLAi t ( , i9?jak T{-eat cc-na ra L rer A ip A, J, 47rz c, 9„ r A' J Cie W- . a •7+ x.v M..waR.a• k .t 1,e IiC_ g A i. BUSCH, HUTCHISON & ASSOCIATES INC. CONSULTING ENGINEERS 1107 FLEETWOOD DR. BAYTOWN, TEXAS 77520 DRAW DESIGN tt1 f y`cwr C H KD. SCALE r''_4-0' DATE F.B. 199, j mil Cff-)f VY7P7le1 {r-k NO. REVISION BY CHKD. APVD. DATE APVD. JOB NO. 75- Isla REV. SHEET OF J .c f owor I a 1 o-7a V OT I I �; Il �A: 0. 1�+.