Ordinance No. 6,275920625 -7
ORDINANCE NO. 6275
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
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 Lee College
District for the use of certain college owned properties during
the 4th of July Celebration and authorizes the City Manager 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 25th of June, 1992.
ATTEST:,
EILEEN P ` L, My Clerk
ACIO RAMIREZ, R., City Attorney
C:1:13:6
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• THE STATE OF TEXAS §
COUNTY OF HARRIS §
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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, 1992, between the hours of 6:00 a.m. , July 3rd until 11:00 p.m.,
July 4th.
II
The City will be conducting the following activities upon the above
described property:
EXH'1Pn A
A. Public parking on all paved areas.
1 • 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 proposed pony rides and second entertainment stage.
D. Arts and crafts booths and food booths.
E. City sponsored contests and games.
F. The placing of a temporary perimeter fencing around the area
mentioned above and Bicentennial Park.
III
The College's sole responsibility shall be in providing the
above - described property for use by the City in this July 4th celebration,
All activities on the above described property 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 in nu way to be construed
as a waiver of the sovereign or 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.
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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 the 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.
LEE COLLEGE DISTRICT
BY:
WAYNE GRAY, Bo 'd of Regents diair
Date: /Y f ��
ATTEST:
CITY OF BAYTOWN
BY:
BOBBY ROUNTREE, City Manager
Date:
ATTEST:
CHARLES H1 IlrS EILEEN P. HALL, City Clerk
Board of Regents Secretary
Date:
Date: