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Ordinance No. 4,06850124 -1 ORDINANCE N0. 4058 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE USE OF SEVENTEEN ACRES ON VILLAGE LANE FOR PARK PURPOSES; 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 approves an Interlocal Agreement wit.h Harris County and authorizes the Mayor and City Clerk of the City of Baytown to execute and attest to said Agreement for the use of seventeen (17) acres on Village Lane for Park purposes. A copy of said Agreement 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 of the City of Baytown, this the 14th day of February, 1985. ALLEN CANNON, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: A DALL B. STR NG, city torney MJM:ca A -3 1 -10 -65 19,420 50214 -1a A G R E E M E N T THE STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT made and entered into pursuant to the Interlocal Cooperation Act [Art. 4413 (32c) V.T.C.S.] by and be- tween the City of Baytown, a municipal corporation under the laws of the State of Texas, hereinafter referred to as "the City," and Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "the County;" W I T N E S S E T H: WHEREAS, it is to the mutual benefit of`the City and the County to provide public parks, for the residents of the City and the County; and WHEREAS, the City desires to maintain a public.park and on certain hereinafter described lands owned by the County and located in the City of Baytown; and WHEREAS, the County is willing to permit the City to use the said lands for such park purpose; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I � The County authorizes the City to use the certain land situated in the County of Harris, State of Texas, described in Exhibit "A" attached hereto, for public park purposes. II In consideration of furnishing said land for such park pur- poses, the City agrees to maintain the park and improvements there- on. The City agrees to mow the grass on said property at such time intervals so as to keep same from attaining a height of more 50214 -1b than nine (9) inches. The City will pick up the trash, paper, and debris on the property at least twice a week. III The public park shall be open to the use of the general public. No fee or charge shall be imposed for use thereof. IV The term of this agreement shall be twenty -five years to commence on February 1, 1985, and end on January 31, 2010, provided that either party hereto may terminate this agreement prior to the expiration of said term, with or without cause, upon six months prior written notice to the other party hereto. Such notice may be given to the County by registered or certified mail, postage prepaid, return receipt requested, addressed to County Judge of Harris County, 1001 Preston Avenue, Room 911, Houston, Texas 77002. Such notice may be given to the City by registered or certified mail, postage prepaid, return receipt requested, addressed t°o City of Baytown, Baytown, Texas. Said right of termination shall be considered exercised and completed upon deposit of the notice in the United States mail as aforesaid. U Any improvements constructed or placed upon the herein - above described property shall be removed by City within ninety days after termination of this agreement. In the event said im- provements are not removed within said ninety day period, such im- provements shall become the property of- County.) VI The City agrees not to cause or permit any waste upon the hereinabove described property and further agrees not to cut or damage or to permit to be cut or damaged any tree or trees thereon over six inches in diameter, as measured twelve inches above ground level, without the prior written consent of County. -2- 50214 -1c VII The City's right to the use and enjoyment of the public park for the purpose herein stated is expressly limited to the County's right, title and interest in and to the said lands, and the County makes no representation or warranty as to its right, title or interest in and to said lands. EXECUTED in duplicate originals on this day of 1985. ATTEST: CITY OF BAYTOWN By City Secretary Mayor APPROVED AS TO FORM: MIKE DRISCOLL County Attorney By MARY J. McKERALL Assistant County Attorney Assistant City Attorney City of Baytown HARRIS COUNTY By -3- JON LINDSAY County Judge 0 50124 -1d ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND HARRIS COUNTY THE STATE OF TEXAS § COUNTY OF HARRIS § On this the day of , 1985, the Com- missioners Court, being duly convened at a regular meeting, upon motion of Commissioner , seconded by Commissioner , duly put and carried; It is ORDERED that County Judge JON LINDSAY.be, and he is hereby, authorized to execute for and on behalf of Harris County an Agreement with the City of Baytown for the use of certain County owned property for a period of twenty -five years, beginning Feb- ruary 1, 1985, for a public park, said Agreement being incorporated herein by reference and made a part hereof for all intents and purposes as though fully set forth herein word for word.