Ordinance No. 3,59530414 -5
ORDINANCE NO. 3595
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREE-
MENT WITH LEE COLLEGE FOR THE JOINT OPERATION OF
THE BASEBALL FACILITIES AT W.L. JENKINS MEMORIAL
PARK.
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
approves an Agreement with Lee College for Joint Operation of the baseball facili-
ties at W. L. Jenkins Memorial Park, and authorizes the Mayor and City CLerk of
the City of Baytown to execute and attest to said Agreement. A copy of said
Agreement is attached hereto, marked Exhibit "A ", and made a part hereof for 211
intents and purposes.
Section 2: That this Ordinance shall take effect from and after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of the City
Council of the City of Baytown, on this the 14th day of April, 1983.
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ATTEST:
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A
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EILEEN P. HALL, City Clerk
APPROVED:
ANDALL ff.- STRONG, City t ney
THE STATE OF TEXAS
ACRE ENENT
COUNTY OF HARRIS
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WHEREAS, Article 6081t, V,A.T.S., Acts 1967, Texas Legis-
lature specifically provides for the joint operation of parks and
playgrounds by a city and a college district; and
WHEREAS, both the City of Baytown and Lee College District
recognize the need for providing adequate recreational and
athletic facilities for the use and benefit of the general
population of the City of Baytown, and for the benefit of
students; and
WHEREAS, the City of Baytown has certain park facilities
available for joint use; and
WHEREAS, a substantial savings to the public will result by
the joint use of city park facilities for both college and city
purposes; and
WHEREAS, by joint use of city facilities for both college
purposes as well as park purposes, the public will benefit by
having more and better located facilities; NOW THEREFCRE,
KNCW ALL NEN BY THESE PRESENTS: This Agreement, made and
entered into this the day of , by and
between the City of Baytown, a municipal corporation of Harris
County, Texas, hereinafter called "City ", and the Lee College
District, a governmental body corporate, hereinafter called
"College ", each party acting by and through its duly authorized
officers:
W I T N E S S E T H:
1.
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
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owned by the City, said City property being designated as the W.
L. Jenkins Memorial Park located in Baytown, Harris County,
Texas.
II.
This Agreement, for the joint use of the W. L. Jenkins
baseball facilities 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 College upon one (1) year written
notice.
III.
It is hereby agreed that the College shall be responsible
for the maintenance of the grounds included in the baseball. field
and its service area during use by the College. The "service
area" is defined as the spectator facilities and parking faci-
lities contiguous to and used in conjunction with the use of such
baseball field. This maintenance shall include but not be
limited to (1) mowing; (2) litter removal; (3) field preparation;
and (4) restroom maintenance. The College shall be responsible
for the cost of electricity that is used during the periods that
the facilities are under the direction and control of the
College. The College shall have the right to exclude the general
public from such area and exercise control for the use of such
area by its baseball team as shall be determined necessary by
appropriate College authorities. The payment of electricity
costs and maintenance costs, shall be the only costs to the
College for the use of such facilities unless the College elects
to make additions or modifications as set forth in Paragraph V
hereof.
IV.
The time and hours for maintenance work on improvements in
the park shall be coordinated with the City authorities so as not
to be in conflict with City activities.
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V.
It is agreed hereto that should the College desire to add to
or modify the facilities during the tenure of this Agreement, the
College shall pay the cost of said additions or modifications.
Prior to beginning construction, all additions or modifications
shall first be approved by the Director of Parks and Recreation
and the Parks & Recreation Advisory Board.
VI.
The College 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 using the
premises. Upon such notification the City will promptly respond
and take remedial measures as the circumstances require.
Failure to notify the City of such conditions or the use of
the facilities by the College shall not create any additional
obligation, liability or responsibility beyond that which the
College may presently have, if any. Use of the facilities by the
College shall not create any additional obligation, liability or
responsibility to the City beyond that which the City may
presently have, if any.
This instrument is subject to all legal requirements of both
the City and College, and should a court of competent juris-
diction determine any portion of the 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 use of the improvements by the College for the purposes
herein stated.
SIGNED this the day of , 1983.
CITY OF BAYTOV N
EMvETT O. HUTTO, Mayor
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ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
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LEE COLLEGE
ROBERT C. CLOUD, President
ecretary