Ordinance No. 9,175ORDINANCE NO. ' 9175
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 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 approves an
Interlocal Agreement with Lee College District for the use of certain college -owned properties
during the City's July 4 1 celebration and authorizes the City Manager and the City Clerk of the
City of Baytown to execute and attest to the agreement. A copy of the 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 141h day of June, 2001.
PETE C. ALFARO,
ATTEST:
1�c
G ADN W SMITI; City Clerk
APPROVED AS s O FORM:
4.. - --� A / �-
NACIO RAMI1?EZ, ., City Attorney
• DAMyDocuments\ Counci1\ 00- 01 \June\lnterlocalLeeCollegeJuly4
STATE OF TEXAS
§ INTERLOCAL AGREEMENT
COUNTY OF HARRIS §
WHEREAS, this Interlocal Agreement (the "Agreement ") is made and entered into pursuant
to the Interlocal Cooperation Act, Texas Government Code, Title 7, §§ 791.001, et seq., 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 celebrate Independence Day by providing entertainment and
other public activities for the residents of the City, including, but not limited to, amusement rides,
arts & craft booths, food booths, City- sponsored games / contests, concerts, and a fireworks display;
and
WHEREAS, the City desires to use certain College property as part of its Independence Day
Celebration (the "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:
I.
The College hereby grants permission to the City to use the following College -owned
properties (the "Property ") during each of the corresponding dates and times indicated hereinbelow
during the term of this agreement:
Property
711 West Texas Avenue
Dates
July 3 through July 5
6:00 a.m. — 11:00 p.m.
801 West Texas Avenue
July 3 through July 5
6:00 a.m. — 11:00 p.m.
Parking lot -- North of Rundell Hall
July 3 through July 5
6:00 a.m. — 11:00 p.m.
Campus lawn area adjacent to Rundell Hall
July 3 through July 5
6:00 a.m. — 11:00 p.m.
II.
The City will be conducting the following activities upon the Property:
A. Public parking on all paved areas;
B. Spectator seating for various events throughout the Celebration (no seats will be
constructed by the City, as spectators are encouraged to bring their own folding
chairs, blankets, etc.);
Interlocal Agreement for July 4th Celebration, Page 1 E =ff A
C. Sites for proposed carnival rides and second entertainment stage;
40 D. Arts & crafts booths and food.booths; and
E. City- sponsored contests and games.
III.
The College's sole responsibility shall be providing the Property for use by the City in the
Celebration. All activities on the above - described property will be 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, as well as clean up of the Property following the celebration.
IV.
The College does not assume any responsibility regarding the 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 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 Agreement shall be effective from and after the date signed by the City Manager of the
City and shall automatically renew for successive one -year terms, unless terminated by either party in
writing with or without cause at least 60 days prior to the date of the Celebration in the current term.
VII.
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.
VIII.
The 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.
Interlocal Agreement for July 4`h Celebration, Page 2
IX.
40 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
be amended or modified without the express written consent of both parties hereto.
X.
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 , 2 00 1, the date of execution by
the City Manager of the City of Baytown.
LEE COLLEGE DISTRICT
Board-of Regents Chair
Date:
ATTEST:
Board of Regents Secretary
Date:
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Interlocal Agreement for July 4th Celebration, Page 3
CITY OF BAYTOWN
MONTE MERCER
City Manager
Date:
ATTEST:
GARY W. SMITH
City Clerk
Date: