Ordinance No. 7,732960613 -18
ORDINANCE NO. 7732
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE USE OF CERTAIN
COLLEGE -OWNED PROPERTIES DURING THE CITY 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 District for the use of certain college -owned properties during the City
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 13th day of June, 1995.
zz a '4'r�
PETE C. ALFARO, Mayor ^
ATTEST:
J
EILEEN.,P:.FIALL, City Clerk
APPROVED AS TO FORM:
eftfNACIO RAMIREZ, S City Attorney
c:lcou nci llmccti ngslj u nell eecol l.13
STATE OF TEXAS §
0 § INTERLOCAL AGREEMENT
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:
The College hereby grants permission to the City to use College owned property at 711 West
Texas Avenue and 801 West Texas Avenue, between July 1 and July 4, 1996, inclusive, the parking
lot north of Rundell Hall and the adjacent campus lawn area to Rundell Hall, between July 3 and 4,
1996, 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; and
E. City- sponsored contests and games.
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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
EXHIBIT A
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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
By: —Z� = �&�
17 J—
Board of Regents Chair
Date: S-16 -/L --
0
CITY OF BAYTOWN
En
BOBBY ROUNTREE,
City Manager
Date:
9 ATTEST:
Board of Regents Secretary
Date: 5 - ;2 -�- ' l
Oco ntmctli nterlo\ tee. co I
0
ATTEST:
EILEEN P. HALL,
City Clerk
Date: