Ordinance No. 8,012970626 -10
ORDINACE N0. 8012
• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY-CLERK TO ATTEST TO AN INTERLOCAL
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AGREEMENT WITH LEE COLLEGE FOR THE USE OF CERTAIN COLLEGE
PROPERTY FOR THE JULY 4n" CELEBRATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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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 Ex111bit "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 26th day of June, 1997.
/�� er ztx-
PETE C. ALFAR , Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIRE R., City Attorney
CAM y NMI MCn[ sl Co Lin ciAMeetiagsUunc\ InterlocaIAgreeLeeColIcgeJuIy4 .doc
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• STATE OF TEXAS §
§ 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
and
WHEREAS, the City desires to use certain college property as part of its July 4th celebration;
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 July 1 and July 4, 1997, inclusive, the parking
lot north of Rundell Hall and the campus lawn area adjacent to Rundell Hall, between July 3 and 4,
1997, 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.
II[.
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
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 College does not assume any responsibility regarding the July 4' celebration nor does
it assume any liability arising thereunder.
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.
VI.
This contract 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 and
Chambers Counties, Texas.
VII.
The parties agree that should any provision of this contract be determined to be invalid or
unenforceable, such determination shall not affect any other term of this contract, which shall
continue in full force and effect.
VIII.
This Agreement contains all the agreements of the parties relating to the subject matter hereof
and is the full and final expression of the agreement between the parties. This Agreement shall not
0 be amended or modified without the express written consent of both parties hereto.
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IX.
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 day of
the City Manager of the City of Baytown.
LEE COLLEGE DISTRICT
By: Ai_ z
Board of Regents Chair
Date: azzxu
ATTEST:
Board of Regents Secretary
Date:
cc/7 If 5
c:klh2 rrks &RreationlLccCollcgcJuly4lh. I Agreement
1997, the date of execution by
CITY OF BAYTOWN
BOBBY ROUNTREE,
City Manager
Date:
ATTEST:
EILEEN P. HALL,
City Clerk
Date: