Ordinance No. 8,033970814 -2
ORDINANCE NO. 8033
® 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 DEVELOPMENT AND OPERATION OF A
PARK AT ASHBEL SMITH ELEMENTARY SCHOOL; 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 development and
operation of a park at Ashbel Smith Elementary School. 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 14th day of August, 1997.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HAU, 6ty Clerk
APPROVED AS TO FORM:
9 �- W-� Z V4�
14VACIO RAMIREZ, W., City Attorney
® C:1MyDocuments\ Council\ MeetingslAugust\ AshbelSmithlnterlocal Agree. l4.doc
® JOINT RECREATIONAL FACILITIES AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, this Agreement is made and entered into pursuant to Section 332.021 of the
Texas Local Government Code, 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 Goose
Creek Consolidated Independent School District, a local governmental body, located in Harris and
Chambers Counties, Texas, hereinafter called "District "; and
WHEREAS, the City and the District recognize the need for providing adequate recreational
facilities for the use and benefit of the general population of the City, and especially for the benefit
of school -aged children; and
WHEREAS, the District in accordance with its master site plan for the campus of Ashbel
Smith Elementary School desires to develop a portion of the land available at such site for use as a
park; and
WHEREAS, a substantial savings to the public will result by the joint development and use
of the Property for both school and park purposes; and
WHEREAS, the joint use of the Property, as hereinafter defined, for both school and park
purposes is to the mutual benefit of the City and the District and the residents of both governmental
entities in that the public will have access to more, better located park facilities; NOW
THEREFORE,
In consideration of the mutual covenants, agreements and promises by the parties, it is agreed
as follows:
Subject to the terms hereof, the City and the District hereby agree to jointly operate a park
on the property presently owned by the District, said property being part of the Ashbel Smith School
site, located at 403 E. James Street, Baytown, Texas, as further described in Exhibit "A," which is
attached hereto and incorporated herein for all intents and purposes (the "Property ").
In consideration of the District's agreement to dedicate a portion of the Property for the
creation of a joint park, the City has agreed to reimburse the District in an amount not to exceed
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Joint Recreational Facilities Agreement, Page I
Q(HW A
NINETY -EIGHT THOUSAND DOLLARS (598,000) for the purchase and construction thereon of
recreational equipment and other improvements as further described in Exhibit ''B," which is
attached hereto and incorporated herein for all intents and purposes (the "Improvements "); subject
to the following conditions:
the City shall be responsible only for the cost of the Improvements up to a maximum
of NINETY -EIGHT THOUSAND DOLLARS ($98,000);
2. the plans and specifications for the Improvements must be approved in writing by
the City Manager or his designee prior to the purchase and /or construction of the
same;
3. once the District obtains the City Manager's written approval of the plans and
specifications,. the District shall let a contract for the construction of the
Improvements after giving an opportunity for competition in accordance with all
applicable laws and regulations affecting the letting of contracts of this nature; and
4. the construction of the Project shall be finally completed within six (6) months after
the date of the City Manager's written approval of the plans and specifications,
unless the City Manager, in his sole discretion, extends such period of time for good
cause shown by the District.
The District warrants and agrees that the District will hire competent, experienced consultants for
the design, administration, oversight, and inspection of the Improvements and shalt pay for such
services as well as all equipment and materials for the construction of the Improvements. Once the
Improvements (1) are finally completed in accordance with the specifications approved by the City
Manager and (ii) have been accepted by the District, the District shall submit a detailed invoice and
supporting documentation for the actual cost of construction or NINETY — EIGHT THOUSAND
DOLLARS (S9S,000), whichever is less. The City shall pay such invoice on or before the 30'h day
after the later of:
(I ) the date the Improvements are finally completed;
or
(2) the date the City receives an invoice from the District.
Delinquent payments shall accrue interest at the rate of one percent (1 %) per month. The parties
hereto expressly understand and agree that the obligation to pay the above - referenced sum arises if
and only if each of the conditions enumerated in (2), (3), and (4) of this Agreement as well as all
other terms and conditions hereof are satisfied. All payments required herein of the City and the
District shall be made from the respective entity's current revenues. The parties agree that the
above - referenced sum fairly compensates the District for the services required herein.
Joint Recreational Facilities Agreement, Page 2
It is agreed and understood that the District shall be responsible for all maintenance of the
park and all equipment placed thereon throughout the terra of this Agreement. Such maintenance
shall include, but not be limited to, the following:
Edging and trimming around all facilities, trees, curbs and the sidewalk;
2. Keeping the park premises free from rubbish and debris;
Trimming, weeding, watering, and otherwise maintaining all special areas, including
flower beds, trees and shrub groupings;
4. Performing all necessary work in order to ensure that all of the facilities remain in
a good, safe condition; and
5. Taking all necessary precautions to ensure that the equipment used at the park is in
good operating order and safe for the operator and the public and maintained in
accordance with the U.S. Consumer Product Safety Commission Playground Safety
Guidelines.
The District understands and agrees that the costs associated with the maintenance of the
Property and facilities shall be bome solely by the District.
UT
During the hours all children are required to be in school, the District shall have the right to
use all improvements referenced in Exhibit "B" in any manner it sees fit in conducting its school
program. During such time, the District 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
District.
a
During the hours all children are not required to be in school, the part: shall be open to use
by the general public except during the hours specified in Section 17 -4.1 of the Code of Ordinances
of the City of Baytown, Texas.
VI.
Upon the termination of this Agreement, the District agrees to pay the City an equitable and
reasonable amount, which shall be the fair market value, for the permanent improvements which
0
Joint Recreational Facilities A,reement, Page 3
• may be used by the District in its program. If the City and the District cannot agree upon the amount
to be paid to the City, then the parties may refer such matter to mediation pursuant to procedures
established therefor in Chapter 154 of the Texas Civil Practices and Remedies Code. Any
improvements which the District declines to purchase may be removed by the City, at its sole option.
•
VII.
It is agreed hereto that should the District desire to modify the area of the park because of
the construction of additional school facilities during the term of this Agreement, the District (i) 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) 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 plus (b) the cost of initial
construction and installation prorated based upon the unexpired term of this Agreement at the time
of destruction.
VIII.
The City's sole responsibility shall be providing the above - referenced monies to the District
for the purchase of the facilities described in Exhibit `'B," in accordance with terms and conditions
specified in Article II hereinabove. All utilities, maintenance and usual and customary expenses of
providing and operating the park will be solely at the expense of and responsibility of the District.
IX.
The term of this Agreement shall commence upon the execution of this document by the City
and shall remain in force until _ day of , 2016, unless terminated
sooner by the City Manager or his designee or the District pursuant to Article X.
X.
Both the City and the District, besides all other rights or remedies they may have, shall have
the right to terminate this Agreement without cause upon six (6) months' written notice from the
party desiring the termination to the non - terminating party. Furthermore, both the City and the
District have the right to terminate this agreement immediately upon written notice to terminate this
Agreement if the other party commits a breach of this agreement, through failure to comply with any
provision hereof.
Joint Recreational Facilities Acreement, Page 4
0 XI.
The District 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.
XII.
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:
DISTRICT
Goose Creek Consolidated Independent School District
Attn: Assistant Superintendent for Business Services
P.O. Box 30
Baytown, TX 77522
Fax No. (28 l) 420 -4654
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77572
Fax No. (28 l) 420 -6586
XIII.
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.
XIV.
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
0 Joint Recreational Facilities A,reemcnt, Page 5
•
•
performance. The place of making and the place of performance for all purposes shall be
Baytown, Harris County, Texas.
XV.
A11 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.
XVI.
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.
XVII.
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.
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.
1997, the date of execution by
GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN
INDEPENDENT SCHOOL DISTRICT
President of the Board of Trustees
Date: - -7-M -g
ATTEST:
JUD[ RA1G
Secre y of the Board of Trustees
Date:
c: klhajlparks &rcOJointlVaciIitics
Joint Recreational Facilities Aqrecment, Pa -c 6
BOBBY ROW REE
City Manager
Date:
ATTEST:
EILEEN P. HALL
City Clerk
Date:
EXHIBIT "A"
STATE OF TEXAS)
COUNTY OF HARRIS)
FIELD NOTES of a 2.356 acre tract of land situated in the William
Scott Lower League, Abstract Number 65, Harris County, Texas, and
being out of and a part of the following tracts of land:
1) A tract of laud conveyed to Goose Creek Independent
School District by George Wright by deed dated September 8, 1927,
and recorded in Volume 725 at Page 119 of the Deed Records of
Harris County, Texas.
2) A tract of land conveyed to Goose Creek Independent
School District by George Wright by deed dated June 25, 1937, and
recorded in Volume 1058 at Page 51 of the Deed Records of Harris
County, Texas.
3) N. 5th Street as abandoned by the City of Goose Creek on
April 27, 1937, and recorded in Volume 6 at Page 93 of the City
Minutes..
4) A tract of land conveyed to Goose Creek Independent
School District by deed recorded in Volume 725 at Page 121 of the
Deed Records of Harris County, Texas.
5) A tract of land conveyed to Goose Creek Independent
School District by deed recorded in Volume 1057 at Page 450 of
the Deed Records of Harris County, Texas.
This 2.356 acre tract of land is more particularly described by
metes and bounds as follows to -wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS IN
THE SOUTH LINE OF THE TRACT OF LAND CONVEYED TO GOOSE CREEK
INDEPENDENT SCHOOL DISTRICT BY DEED RECORDED IN VOLUME 1057 AT
PAGE 450 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. REFERENCE
IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS
DESCRIPTION.
BEGINNING at a 1/2 inch iron rod found for the Southwest corner
of this tract, the Southwest corner of Item No. 4 above, and the
point of intersection of the North line of E. Wright Avenue, 50
foot right of way, and the East line of N. 4th Street, 50 foot
right of way.
THENCE North 21 deg 19 min 00 sec East with the West line of this
tract, the West line of Items 1 and 4 above, and the East line of
said N. 4th Street a distance of 266.86 feet to a 1/2 inch iron
rod set for the Northwest corner of this tract.
®THENCE South 68 deg 52 min 10 sec East with the North line of
this tract, and across Item No. 1 above a distance of 227.91 feet
to a 1/2 inch iron rod set for a corner of this tract.
PAGE NO. 2 - 2.356 ACRES
THENCE South 21 deg 07 min 50 sec West with the East line of this
tract, and across Item Nd. 1 above a distance of 43.57 feet to a
1/2 inch iron rod set fora corner of this tract.
THENCE South 66 deg 04 min 19 sec West with the.Southeast line of
this tract, and across Item No. 1 above a distance of 65.81 feet
to a 1/2 inch iron rod set for a corner of this tract.
THENCE South 23 deg 57 min 18 sec East with the Southwest line of
this tract, and across Item No. 1 above a distance of 68.91 feet
to a 1/2 inch iron rod,set for a corner of this tract.
THENCE North 66 deg 04 min 19 sec East with the Southeast line of
this tract, and across Item No. 1 above a distance of 86.16 feet
to a 1/2 inch iron rod set for a corner of this tract.
THENCE South 68 deg 54 min 57 sec East with the North line of
this tract, and across Items No. 1, 2, and 3 above a distance of
177.37 feet to a 1/2 inch iron rod set for the Northeast corner
of this tract.
THENCE South 21 deg 08 min 06 sec West with the East line of this
tract, and across Items No. 2 and 5 above a distance of 190.71
feet to a 1/2 inch iron rod set for the Southeast corner of this
tract, in the South line of Item No. 5 above, and in the North
line of said E. Wright Avenue.
THENCE North 68 deg 41 min 00 sec West with the South line of
this tract, the South lines of Items No. 3, 4, and 5 above, and
the North line of said E. Wright Avenue a distance of 469.32 feet
to the PLACE OF BEGINNING, containing within said boundaries of
2.356 acres of land.
SURVEYED: July 25, 1996.
SURVEYOR'S CERTIFICATE
I, Robert L. Hall, Jr.,•Reg. Professional Land Surveyor No. 1610,
do hereby certify that this plat delineates the results of an on
the ground survey made under my supervision on July 25, 1996, and
that all lines, boundaries, and landmarks are accurately shown
hereon.
WITNESS my hand and seal
July, A. D., 9
this the 31st., day of
REG. PROFESSIONAL SURVEYOR
® NO. 1610
96- 1095.FDN
co: ° tP
.ROBERT L. HALL, .JR.
..
90 167C� Q
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EXHIBIT "B"
C
ASHBE,L SMITH PLAYGROUND
1. Hard Court Play Area $30,000
2. Play Ground Equipment $40,000
Challenger 350 -872 $17,500
Playmaker 500 - 575 $17,500
Changes to Playmaker 500 -575
to accommodate handicap children $ 5,000
3. Benches (10) $ 2,000
4. Two (2) Drinking Fountains $ 4,000
5. Amphitheater $10,000
6. Trees & Landscaping (20 trees) $12,000
TOTAL $98,000
r