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Ordinance No. 3,2511.1112 -3 ORDINANCE NO. 3251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE AND ATTEST TO A CONTRACT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SC11100L DISTRICT FOR THE JOINT OPERATION OF A PARK AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to a contract with Goose Creek Consolidated Independent School District for the joint operation of a park on Ross S. Sterling High School Property. A copy of said contract is attached hereto, marked Exhibit "A", and made a part hereof for all purposes. Section 2: This ordinance shall take effect from and after its passage. INTRODUCED, READ and PASSED by the affirmative vote of the City Council on this the 12th day of November , 10IR118 19 ETT O. HUTTO, Mayor ATTEST: r , EILEEN P. HALE.,, City Clerk APPROVED: ANDALL B. STROMF7, City torney 11112 -3a i'HE STATE OF TEXAS COUNTY OF HARRIS MiEREAS, Article 6081t, V.A.T.S., Acts 1967, Legislature Specifically provides for the joi._:c operation of parks and pt ygrounds by a city and an independent school district; and WHEREAS, both the City of Baytown and the Goose Creek n 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; and WHEREAS, the Goose Creek Consolidated Independent School District has certain 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, KNO1.1 ALTl .`TEN BY THESE PRESENTS: This Agreement, made and ente -_d into this the 26th day of October 19 81, by and between the City of Baytown, a Municipal Corporation of Barris 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 dilly authorized offi- cers: E'XN'iLiff A P 11112-3b W I T N E S S E T II 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 park on property presently owned by the School, said School property being located on Ross S. Sterling High School, a school within the school system and described as follows: Beginning at the Northwest property corner of Ross S. Sterling; THENCE approximately 550' in an Easterly direction along Cedar Bayou Lynchburg Road to the Northeast property line of Ross S. Sterling, to a point for a corner; THENCE proceeding in a Southerly direction approxi- mately 500 feet along the East property line of Ross S. Sterling, to a point for a corner; THENCE proceeding in a Westerly direction approximately 550' to the West property line of Ross S. Sterling, to a point for a corner; THENCE proceeding in a 'northerly direction approximately 500' to the Northwest property corner of Ross S. Sterl- ing on Cedar Bayou - Lynchburg to the point of beginning. This Agreement to jointly operate a park shall be perpetual; 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 one (1) year written notice. Should the School elect to terminate this Agreement, it is agreed that it will comply with the provisions of Sections V and VI herein. II. In consideration of the School's agreement to provide the above - mentioned school property for the creation of a joint park, the City has agreed to construct thereon certain improvements, to -wit: 11112 -3c Baseball fields, parking area, restroom /concession building, playground equipment and other improvements, all as indicated in those certain plans and specifi- cations heretofore approved by both parties. The cost of installation for all such improvements shall be borne by the City. Further, the City will provide space to the school on the [;rounds should it wish to place f.,zcilit.ies on that property. III. It is hereby agreed that the City shall be responsible for the maintenance of the grounds included in such park on �t year round basis. Any special mowing or field preparation for the School shall be the responsibility of the school.. During normal school hours of the normal school. term, the School shall have the right to use all improvements men- tioned herein in any manner it sees fit in conducting its School program except during the time the facilities are scheduled for use by the City. 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. IV. The time and hours for maintenance work on improvements installed in the park shall be coordinated with the School authorities so as not to be in conflict with School activities. V. If tis Agreement is terminated by the School within its Ist ten (10) years, the School agrees to pay to the City for permanent improvements erected by the City on the.site heretofore designated a suln of money equal to the cost expended by the City for such improvements. If this Agreement is terminated at anytime after its first ten (10) years, then in such event, the School shall not be obligated to the City -for any permanent improvements on the site; however, the City shall have the right to remove any improvements which it might do Without ciusing harm to the site. 11 11112-3d VI. It is agreod hereto that should the School do sire to modify the area of the park because of the construction of additional school facilities during the first ten years of this Agreement, the School will 1--y the cost of modification or i.i facilities are not to be reconstructed, the School will pay to the City the amount of the original construction cost, of any facilities removed. VII. The School agrees that during the term of this Agreement to 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 obligation, liability or responsibility beyond that which the School District may have, if any. 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. This Contract's effective date shall be upon the commence- ment of construction of the improvements by the City of Baytown. CITY OF BAYT0`YN EMMETT 0. IIi1TTC), Mayor T ATTEST: EILEEN P. MALL, City Clerk 11112 -3e GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT President of Board of Trustees -5-