Ordinance No. 7,917970227 -t5
ORDINANCE NO. 7917
® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY ' CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH GOOSE CREEK ' CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT FOR THE JOINT OPERATION OF BICENTENNIAL
PARK; 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 Mayor and City Clerk of the City of Baytown to execute and attest to an interlocal
agreement with Goose Creek Consolidated Independent School District for the joint operation of
Bicentennial Park. 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 27th day of February, 1997.
C'_ 4�-
PETE C. ALFARO, ayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., ty Attorney
0 c:l council lmeetingslfebroary\parkagre.27
® JOINT RECREATIONAL FACILITIES AGREEMENT
FOR BICENTENNIAL PARK
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, on the I 1 th day of August, 1975, the City of Baytown, a municipal corporation
located in Harris and Chambers Counties, Texas, (the "City ") and Goose Creek Consolidated
Independent School District, a body corporate located in Harris and Chambers Counties, Texas, (the
"School ") entered into an Interlocal Agreement pursuant to Article 6081 It of the Texas Revised Civil
Statutes (now Tex. Loc. Gov't Code Ann. §332.021 (Vernon 1987)) for the purposes of the joint
operation of a public park, which has been named Bicentennial Park, and appurtenant recreational
facilities (collectively referred to as the "Park "); and
WHEREAS, a substantial savings to the public has resulted, and will continue to result, from
the joint operation of the Park; and
WHEREAS, the City and the School recognize the continued need for providing adequate
recreational facilities for the use and benefit of the general population of the City, and
WHEREAS, by joint use of school facilities for both school purposes as well as park
purposes, the public benefits by having more and better located facilities;
WHEREAS, the 1975 agreement has now expired, however, both the City and the School
desire to enter into a new agreement for the joint operation of Bicentennial Park under substantially
the same terms and conditions (the "Agreement ") for a period of twenty (20) years from the effective
date hereof,
WHEREAS, this Agreement is made and entered into pursuant to Section 332.021 of the
Texas Local Government Code;
NOW THEREFORE, for and in consideration of the foregoing premises and the mutual
covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows:
1.
Subject to the terms hereof, the City and the School hereby agree to jointly operate a leisure
park on property presently owned by the School, said property being adjacent to the School
Joint Rccrcalional Facilitics Agrpcmcnl, Pap I
EXHIBIT A
® Administration offices and described in Exhibit "A" which is attached hereto and made a part hereof
for all intents and purposes.
This Agreement to jointly operate a leisure park shall be for a period of twenty (20) years,
from the effective date hereof, however, it is agreed by the parties hereto that the same may be
terminated at the request of either the City or the School upon six (6) months' written notice. Should
the School elect to terminate this Agreement, it is agreed that it will comply with the provisions of
Section VII herein. This Agreement may be extended for an additional period of time by mutual
agreement of the parties, evidenced in writing.
It is agreed and understood that the School shall be responsible for the mowing of the
grounds included in the Park at all times throughout the term of this Agreement. It is agreed and
understood that the City shall be responsible for, all other maintenance on the park improvements at
all times throughout the term of this Agreement, including, but not limited to, the following
functions:
Edging and trimming around all facilities, trees, curbs and the sidewalk;
2. Picking up litter on the City's regular trash runs;
Trimming, weeding, watering, and otherwise maintaining all special areas, including
flower beds, trees and shrub groupings;
4. Maintaining all facilities in the Park; and
Maintaining drainage ditches.
All electrical and water costs, incurred as a result of area lighting or water fountains, will be
borne by the City.
IV.
During the hours all children are required to be in school, the School shall have the right to
use all improvements in the Park in any manner it sees fit in conducting its school program. During
such time, the School shall have the right to exclude the general public from such area and exercise
control for the use of such area by its students as necessary as determined by the School.
Joint Recreational facilities Agreement, rage 2
® V.
•
During the hours all children are not required to be in school, the Park shall be open to use
by the general public. In the event that the administrative authorities of the School and City fail to
agree upon the use of the Park during this time, the matter shall be referred to the governing bodies
of the City and School respectively.
VI.
The time and hours for maintenance work on improvements installed in the Park shall be
coordinated with the School authorities so as not to be in conflict with School activities.
VII.
Upon termination of this Agreement or any extension hereof, the School agrees to pay the
City an equitable and reasonable amount for permanent improvements which may be used by the
School in its program (expressly excluding any such improvements of facilities which are not
generally used in the School System as a whole). If the City and School cannot agree upon the
amount to be paid to the City, then it is agreed that the amount to be paid to the City may be
submitted to arbitration or mediation, with the right to appeal reserved to each party. Any
improvements which the School declines to purchase may be removed by the City.
VIII.
It is agreed hereto that should the School desire to modify the area of the park because of the
construction of additional school facilities during the term of this Agreement, the School (1) will
expediently modify and /or reconstruct such improvements, as appropriate, and pay all costs
associated therewith or (ii) if the improvements are not to be reconstructed, will pay the City a
proportionate amount of the improvements' original cost, based upon the difference between the
normal expected life of the destroyed property and its unused life.
IX.
The School agrees that during the term of this Agreement to immediately report to the City
any conditions existing in the Park which is dangerous or could become dangerous to any person to
use the Park. Upon such notification, the City will promptly respond and take remedial measures as
the circumstances require. Nothing herein stated shall place any duty upon the School to inspect and
report any such condition nor create any additional obligation, liability or responsibility beyond that
which the School already has to maintain its school grounds in a reasonably safe condition.
Joint Recreational Facifitics Agr��ment, Page 3
• x
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.Q. Box 30
Baytown, TX 77522
Fax No. (281) 420 -4842
ITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax No. (281) 420 -6586
al
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.
XII.
This Agreement shall in all respects be interpreted and construed 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.
Joint Recreational Facilities Agrecinent, Page 4
XIII.
® All parties agree that should airy 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.
XIV.
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.
XV.
This Agreement represents the entire agreement of the parties hereto and may only be
amended or supplemented by mutual agreement of parties hereto in writing.
W 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 _ day of , 1997, the date of execution by
the City Manager of the City of Baytown.
CITY OF BAYTOWN
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
•
E) - Qz��2�
JCAACIO RAMIREZ, W., City Attorney
Joint Recreational Facilities Agreement, Page 5
•
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ATTEST:
c
Secretary of the Board of Trustees
c:klh244 mLs&rccrcationNccntcnnial l . contract
Joint Recreational Facilities Aereement, Page 6
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
President of the Board of Trustees
6-
EXHINT A