Ordinance No. 5,561900628 -1
ORDINANCE NO. 5561
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH THE LEE COLLEGE DISTRICT FOR THE USE OF
CERTAIN COLLEGE OWNED PROPERTIES DURING THE 4TH OF JULY
CELEBRATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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 with the Lee
College District for the use of certain college owned properties
during the 4th of July Celebration and authorizes the Mayor and
the 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 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 28th day of June,
1990.
P�RTETT 0.- HUTTO , Mayor
ATTEST:
EILEEN P. HALL,-City Clerk
RANDALL . STRONG, ty Attorney
C:1:47:4
� e
I *
THE STATE OF TEXAS S
5 AGREEMENT
COUNTY OF HARRIS 5
WHEREAS, this Agreement is made and entered into pursuant to
the Interlocal Cooperation Act, TEX.REV.CIV.STAT.ANN. art
4423(32c), by and between the City of Baytown, a municipal
corporation located in Harris County and Chambers County, Texas,
hereinafter referred to as the "City," and the Lee College
District, a governmental body, hereinafter called "College "; and
WHEREAS, the City desires to use certain college property as
part of its July 4th celebration; and
WHEREAS, the College desires to assist in promoting this
public activity by providing for the use of certain of its
property; such cooperative use is to the mutual benefit of the
City and the College and the residents of both governmental
entities; NOW THEREFORE,
In consideration of the mutual covenants, agreements and
promises by the parties, it is agreed as follows:
I
The College hereby grants permission to the City to use
College owned property at 711 West Texas Avenue, 801 West Texas
Avenue, the parking lot north of Rundell Hall, and the adjacent
campus lawn area to Rundell Hall on July 3rd and July 4th, 1990,
between the hours of 6:00 a.m., July 3rd until 11:00 p.m., July
4th.
II
The City will be conducted the following activities upon the
above described property:
A. Public parking on all paved areas.
B. Spectator seating for various events throughout the
July 4th celebration (no seats will be constructed
by the City, as spectators are encouraged to bring
their own folding chairs, blankets, etc. ).
C. Sites for a proposed petting zoo and carnival
rides.
D. Arts and crafts booths and food booths.
E. City sponsored contests and games.
III
The College's sole responsibility shall be in providing the
above - described property for use by the City in this July 4th
celebration. Any activities such as the proposed petting zoo or
carnival rides will be conducted solely at the expense of and
responsibility of the City, and the City shall be responsible for
all requirements for set up of these events, provision of
utilities, and clean up of these properties following the
celebration.
IV
The City agrees to assume any and all liability of any kind
whatsoever from use of the College property and to indemnify,
protect, defend and hold harmless the College, its regents,
agents and employees from and against any and all liability,
claims, demands, suits, accidents, damages, losses and expenses,
including any attorney fees necessary in the defense of any such
action, arising out of or any matter resulting from the City's
use of, or presence on, College property. This indemnification
is to in no way to be construed as a waiver of the sovereign or
- 2 -
governmental immunity from liability now possessed by the College
and its agents or employees or the City and its agents or
employees in performing of this governmental function.
V
The City and College contemplate and agree that changes may
occur in the type of events scheduled for the July 4th
celebration. The City therefore agrees that it will notify
College of any change in the activities being conducted at the
time such change is being considered. The College will have the
right to disapprove of any proposed activity change requested by
the City. Approval of a proposed change of the City shall not be
unreasonably withheld by the College.
SIGNED IN DUPLICATE ORIGINALS, this day of
, 1990.
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
SECRETARY
5:5:3:1
I *
CITY OF BAYTOWN
BY:
BOBBY ROUNTREE, City Manager
- 3 -
LEE COLLEGE DISTRICT
BY: