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Ordinance No. 7,860961212 -3 ORDINANCE NO. 7860 • 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 GOOSE CREEK WETLANDS EDUCATION AND RESEARCH CENTER; ACCEPTING AN ANNUAL PAYMENT OF FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00) FROM LEE COLLEGE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE GOOSE CREEK WETLANDS EDUCATION AND RESEARCH CENTER; ACCEPTING AN ANNUAL PAYMENT OF FIFTEEN THOUSAND AND N01100 DOLLARS ($15,000.00) FROM GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; 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. A copy of said Agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby accepts an annual payment in the amount of FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00) from Lee College for the use and occupancy of the facility under this Agreement. Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and the City Clerk of the City of Baytown to execute and attest to an Interlocal Agreement with Goose Creek Consolidated Independent School District. A copy of said Agreement is attached hereto, marked Exhibit "B," and made a part hereof for all intents and purposes. Section 4: That the City Council of the City of Baytown, Texas, hereby accepts an annual payment in the amount of FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00) from Goose Creek Consolidated Independent School District for the use and occupancy of the facility under this Agreement. Section 5: 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 12th day of December, 1996. .� C'- PETE C. ALFAR , Mayor • ATTEST: • EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, , City Attorney c:\council\mcetings\dcccmber\center. 12 961212 -9a • INTERLOCAL AGREEMENT GOOSE CREEK WETLANDS EDUCATION AND RESEARCH CENTER STATE OF TEXAS § COUNTY OF HARRIS § WHEREAS, this Agreement is made and criiered into pursuant to the Interlocal Cooperation Act, Texas Government Code, Title 7, Section 719.001, 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 local governmental body, located in Harris and Chambers Counties, Texas, hereinafter called "College "; and WHEREAS, the City and College desire to jointly support the creation and operation of a wetlands research and education center located in Baytown, Harris County, Texas, and WHEREAS, the City desires to assist in promoting this public activity by providing for the use of can of its property known as the City of Baytown Goose Creek Wetlands Education and Research Center; 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 City hereby grants permission, subject to the terms and conditions herein specified, to the College to use City-owned property located at 1724 Market Street, Baytown, Texas, known as the City of Baytown Goose Creek Wetlands Education and Recreation Center for conducting of classes and laboratory instruction in environmental research and education. At least forty -five (45) days in advance of each calendar quarter in which the facilities are proposed to be used, the College trust notify the City in writing of the time, date, and purpose of each proposed use and obtain written approval for the same from the City Manager or his designee. The City Manager or his designee will not unreasonably withhold such approval, The City and College contemplate and agree that changes may occur in the type of programs offered or activities the College may conduct in the fixture at the facility. The College, therefore, agrees that it will notify the City of any proposed change in the activities or programs being conducted at least thirty (30) days prior to the effective date of time such change is being considered. The City through its City Manager or its dcsignce reserves the right to disapprove of any proposed change requested by the College. Approval of a proposed change of the College shall not be unreasonably withheld by the City. WIEWT A 1 1�1• /,�. i YpwN .111 �►�•�t . LY i � 1 / . / .11 IH , 11 / � .1 1 : 1 • It. • The College will be conducting the following activities upon the above- described property: A. Research, B. Instruction of Students, C. Laboratory Instruction, D. Environmental Remediation Instruction and Project Planning and Implementation, and E. Continuing Education Classes. The City's sole responsibility shall be in providing the above - described property for use by the College for educational purposes. All College activities, other than utilities, maintenance and usual and customary expenses of providing and operating the facility, will be conducted solely at the expense of and responsibility of the College, and the College shall be responsible for all other requirements for conducting its instruction and research activities, including, but not limited to, the set -up and clean -up of the College's activities. The College hereby agrees that it shall leave the above - described property in as good of condition or better condition than the same was in immediately prior to its use, normal wear and tear being excepted. Should the College fail to leave the above - described property in the condition required by this paragraph, the College agrees to clean and, if necessary, repair, the property to satisfy the requirements herein. Should the College fail to do so within five (5) days after receipt of a written demand from the City, the City shall clean and/or repair the property, and the College shall reimburse the City for all of the cost incurred in compliance with the requirements of Chapter 2251 of the Texas Government Code. IV. The College agrees to make annual payments to the City for (lie use and occupancy of the facility under this agreement. Each such payment shall be in the amount of fifteen thousand dollars ($15,000), to be paid within thirty (30) days of execution of this agreement and prior to any occupancy by the College. Subsequent annual payments shall be made on the anniversary date of the initial payment. V. The term of this Agreement shall commence upon the execution of this document by the City and shall remain in full force and effect until the termination of the Agreement pursuant to Article VII by either party hereto. I1tt.srl,o-r.al Ai![ecmcn1 -- Goose Crcck Wetlands Education and Research Center, Page 2 • Both the City and the College, besides all other rights or remedies they may have, shall have the right to terminate this Agreement without cause upon ten (10) days' written notice from the party desiring the termination to the non - terminating party. Furthermore, both the City and the College have the right to terminate this Agreement immediately and without such ten (10) days' written notice if the other party commits a breach of this Agreement, through failure to comply with any provision hereof. It is expressly understood and agreed, however, that should the City terminate this Agreement without cause or should the College terminate this Agreement for any reason, the City shall refund to the College within thirty (30) days of such termination a prorated portion of the annual payment based upon the number of days remaining in the year for which such annual payment was made at the time of termination. VII. The College may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. VIII. All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth. herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: COLLEGE Lee College District Attn: Dr. Jackson Sasser 200 Lee Drive Baytown, TX 77520 Fax No. (713) 425 -6555 -C= City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax No. 420 -6586 Interlocal Acreemcnt -- Goose CrQQls Wctlands_Education and Rescarch Ccntcr, Page 3 0 IX. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the rights to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. X. This Agreement shall in all respects be interpreted and constructed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. XI. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. XII. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he /she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the j day of 1996, the date of execution by the City Manager of the City of Baytown. LEE COLLEGE DISTRICT JACKSON N. SASSER resident • Date: /0 //f CITY OF BAYTOWN A6( - — BOBBY R TREE City Manager Date: 10112 7 9 9 � L' ATTEST: r CPrA ES HUd CINS Board of Regents Secretary Date: /OAZVf9 C:kIh221parks &rcc13«•ulands.lcc ATTEST: EILEEN P. HALL City Clerk Date: /o -, -q - c (, 1 • i I I •• a 1• • •1 11 h 1 I INTERLOCAL AGREEMENT GOOSE CREEK WETLANDS EDUCATION AND RESEARCH CENTER 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, Section 719.001, by and between the City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas, hereinafter referred to as the "City," and Goose Creek Consolidated Independent School District, a local governmental entity located in Harris and Chambers Counties, Texas, hereinafter referred to as "School "; and WHEREAS, the City and School desire to jointly support the creation and operation of a wetlands research and education center located in Baytown, Harris County, Texas; and WHEREAS, the City desires to assist in promoting this public activity by providing for the use of certain of its property known as the City of Baytown Goose Creek Wetlands Education and Research Center; such cooperative use is to the mutual benefit of the City and the School 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 City hereby grants permission, subject to the tenris and conditions herein specified, to the School to use City -owned property located at 1724 Market Street, Baytown, Texas, known as the City of Baytown Goose Creek Wetlands Education and Recreation Center for conducting of classes and laboratory instruction in environmental research and education and for such additional purposes and uses as set forth in Exhibit °A." At least forty -five (45) days in advance of each calendar quarter in which the facilities are proposed to be used, the School must notify the City in writing of the time, date, and purpose of each proposed use and obtain written approval for the same from the City Manager or his designee. The City Manager or his designee will not unreasonably withhold such approval. The City and School contemplate and agree that changes may occur in the type of programs offered or activities the School may conduct in the future at the facility. The School, therefore, agrees that it will notify the City of any proposed change in the activities or programs being conducted at least thirty (30) days prior to the cffective date of time such change is being considered. The City through its City Manager or its designee reserves the right to disapprove of any proposed • change requested by the School. Approval of a proposed change of the School shall not be unreasonably withheld by the City. EXHIBIT B Inlcrlocal Ar_rccnicnl -- Goosc Creck WcOands pducaIion and Rcuarch C'cnicr, Pabc I • • The School will be conducting the following activities upon the above - described property: A. Research, B. Instruction of Students, C. Laboratory Instruction, D. Environmental Remediation Instruction and Project Planning and Implementation, E. Continuing Education Classes, and F. Such other activities and uses as set forth in Exhibit "A." The City's sole responsibility shall be in providing the above - described property for use by the School for educational purposes. All School activities, other than utilities, maintenance and usual and customary expenses of providing and operating the facility, will be conducted solely at the expense of and responsibility of the School, and the School shall be responsible for all other requirements for conducting its instruction and research activities, including, but not limited to, the set -up and clean-up of the School's activities. The School hereby agrees that it shall leave the above - described property in as good of condition or better condition than the same was in immediately prior to its use, normal wear and tear being excepted. Should the School fail to leave the above- described property in the condition required by this paragraph, the School agrees to clean and, if necessary, repair, the property to satisfy the requirements herein. Should the School fail to do so within five (5) days after receipt of a written demand from the City, the City shall clean and /or repair the property, and the School shall reimburse the City for all of the cost incurred in compliance with the requirements of Chapter 2251 of the Texas Government Code. VIVA The School agrees to make annual payments to the City for the use and occupancy of the facility under this Agreement. Each such payment shall be in the amount of fifteen thousand dollars (515,000), to be paid within thirty (30) days afler the execution of this Agreement and prior to any occupancy by the School. Subsequent annual payments shall be made on the anniversary date of the initial payment. V. The term of this Agreement shall commence upon the execution of this document by the City and shall remain in full force and effect until the termination of the Agreement pursuant to Article VII by either party hereto. lntcrlocal Ar=.reemcnt -- Goocc Crcck Wc(Lui-6 Edncitinn Ld Rcscarch Ccntcr, Pasc 2 0 • VI. Both the City and the School, besides all other rights or remedies they may have, shall have the right to terminate this Agreement without cause upon ten (10) days' written notice from the party desiring the termination to the non - terminating party, Furthermore, both the City and the School have the right to terminate this Agreement immediately and without such ten (10) days' written notice if the other party commits a breach of this Agreement, through failure to comply with any provision hereof. It is expressly understood and agreed, however, that should the City terminate this Agreement without cause or should the school terminate this agreement for any reason, the City shall refund to the School within thirty (30) days of such termination a prorated portion of the annual payment based upon the number of days remaining in the year for which such annual payment was made at the time of termination. VII. The School may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. VIII. All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: SCHOOL Goose Creek Consolidated Independent School District Attn: Superintendent of Schools P.O. Box 30 Baytown, TX 77522 Fax No. (713) 420 -4842 CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax No. 420 -6586 Interlocal Aumucnt -- Goose Creek Wetlands Education anti Rcscarch Conic , Pagc 3 • LJ IX. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 0 This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. XI. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. XI I. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the / F day of /7rovem b.er- 1996, the date of execution by the City Manager of the City of Baytown. GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT 0,,, (:�-7oa V Y OY n n ent of Sch is Date: //-//- 9 6 CITY OF BAYTOWN BOBBY ROU TRGB City Manager Date: C Inierlocil i -- Goon !Cr W i r c EdticmiQji and s , Pagc 4 0 ATTEST: ATTEST: • BEN BASQUEZ Board of Trustees Secretary Date: c :1klh2 ] \p ari s& r ccr cad o nl3 wct l an d.sch oo! ELLEEN P. HALT. City Clerk Date: //— ,?— Q Intcriocal Agrccmcnt -- Goo-,c Crcck % tlin(is Cducalion acid Rc <corcli .cnicr, Pasc 5 • is EXHIBIT "A" 1) Use by elementary schools for student tours emphasizing interpretive exhibits, displays featuring various aspects of the wetlands environment and its importance and learning about ongoing projects that deal with the wetlands habitat. 2) Use by junior schools to enhance science curricula of all three grade levels in topics such as ecology, ecosystems, water quality /chemistry by utilizing the Center as the focal point for such studies. Advanced science students could use the Center to conduct independent research projects. 3) Use by high schools to enhance courses in: a) Biology I (both Regular and Pre -AP) b) Biology II Honor C) Advanced Placement Biology d) Environmental Science (including AP Environmental Science) e) Marine Science f) Geology g) Chemistry I (both Regular and Pre -AP) h) Advanced Placement Chemistry Use by the high schools to perform laboratory activities and to expand the number and types of labs that could be incorporated into the various curricula with the facilities that would be available at the Center. 4) Teacher training and curriculum development to incorporate the Center into the science curricula at the elementary, junior school and high school levels. In conjunction with the Lee College science department personnel, Goose Creek staff will conduct summer workshops directed at both curriculum component development and teacher training in the use of the Center.