Ordinance No. 7,326ORDINANCE NO. 7326 950608 -3
• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH LEE COLLEGE FOR THE USE OF CERTAIN COLLEGE
PROPERTY DURING THE CITY OF BAYTOWN'S JULY 4TH
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 authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to an interlocal
agreement with Lee College for the use of certain college property
during the City of Baytown's July 4th celebration. 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 8th day of June, 1995.
PETE C. ALFIARO, Mayor
ATTEST:
E LEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S City Attorney
0 legal! council /june /6- 8- 95leeCOLLagree
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STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, this Agreement is made and entered into pursuant to
the Interlocal Cooperation Act, Texas Government Code, title 7,
§ 791.001, by and between the City of Baytown, a municipal
corporation located in Harris and Chambers Counties, 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 and 801 West Texas
Avenue, between June 30 and July 4, 1995, inclusive, the parking
lot north of Rundell Hall and the adjacent campus lawn area to
Rundell Hall, between July 3 and 4, 1995, inclusive, between the
hours of 6:00 a.m. and 11:00 p.m. each day.
II
The City will be conducting 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 proposed carnival rides and second
entertainment stage.
D. Arts and crafts booths and food booths.
E. City sponsored contests and games.
EXHIBIT A
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• 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 no 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.
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 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 CITY OF BAYTOWN
By: By.
WAYNE GRAY, BOBBY ROUNTREE,
Board of Regents; Chair City Manager
Date:
Date:
2
•
U
ATTEST:
CHARLES HUGGINS,
Board of Regents Secretary
Date:
legaucomracts /LEEcollege
ATTEST:
EILEEN P. HALL,
City Clerk
Date:
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