Ordinance No. 9,342ORDINANCE NO. 9342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING INTERLOCAL AGREEMENTS WITH GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE JOINT USE AND
DEVELOPMENT OF PROPERTIES FOR BOTH SCHOOL AND PARK PURPOSES;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE
HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; 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 the City
Manager to execute and the City Clerk to attest to an interlocal agreement entitled "Joint Recreational Facilities
Agreement" for the development and use of a portion of the William B. Travis Elementary School site located
at'100 Robin Street, Baytown, Texas, for both school and park purposes. 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 authorizes payment in an amount not to
exceed FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) for recreation equipment and other
improvements as noted in the Agreement authorized in Section 1 for the William B. Travis Elementary School
Site.
Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Clerk to attest to an interlocal agreement entitled "Joint Recreational Facilities
Agreement" for the development and use of a portion of the G.W. Carver Elementary School site located at
600 S. Pruett, Baytown, Texas, for both school and park purposes. A copy of said agreement is attached
hereto, marked Exhibit "B," and made apart hereof for all intents and purposes.
Section 4: That the City Council of the City of Baytown authorizes payment in an amount not to
exceed FIFTY THOUSAND AND NO 1100 DOLLARS ($50,000.00) for recreation equipment and other
improvements as noted in the Agreement authorized in Section 3 for the G.W. Carver Elementary School Site.
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 28`I' day of March, 2002.
PETE C. ALFARO, MKyor
4 ATTES .
GAR S TH, City Clerk
APPROVED AS TO FORM:
406r;,) A�_,a -
CIdNACIO RAMIRE ., City Attorney
FAKaren \k--iles \City CouncihOrdinances\ hterl oca4 AgreementGCCISD JointilecreaticnalFacilities.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 "City" and 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 William B.
Travis 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:
I.
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 William B. Travis
Elementary School site, located at 100 Robin Street, Baytown, Texas, as further described in Exhibit
"A," which exhibit is attached hereto and incorporated herein for all intents and purposes (the
"Property").
Joint Recreational Facilities A_ eement - Travis Elementary School, Page 1
EXHIBIT A
® H.
In consideration of the District's agreement to provide the above - mentioned Property for the
creation of a joint park, the City has agreed to construct thereon certain improvements, to wit:
Recreation equipment and other improvements, all as indicated in those certain plans
and specifications heretofore approved by the City and the District and described in
Exhibit `B" attached hereto. The cost of installation for all such improvements shall
be borne by the City.
11
It is agreed and understood that the District shall be responsible for all maintenance of the
park and all equipment placed thereon throughout the term 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.
IV.
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.
Joint Recreational Facilities Agreement — Travis Elementary School, Page 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 except during the hours specified in Section 17 -4.1 of the Code of Ordinances of
the City of Baytown, Texas.
V1.
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
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 therefore 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.
It is agreed hereto that should the District desire to modify the area of the park because ofthe
construction of additional school facilities or for any other reasons 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 paid
by the City, 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 paid by the City, prorated
based upon the unexpired term of this Agreement at. the time of destruction.
II
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 H 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.
I�
The term of this Agreement shall commence upon the execution of this document by the City
and shall remain in force until the day of , 2022, unless terminated sooner
by the City Manager or his designee or the District pursuant to Article X.
Joint Recreational Facilities Agleement — Travis Elementary School Page 3
•
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 complywith any
provision hereof.
9"
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.
W1
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:
DT .qTRTC'T
Goose Creek Consolidated Independent School District
Attn: Assistant Superintendent for Business Services
P.O. Box 30
Baytown, TX 77522
Fax No. (281) 420 -4654
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax No. (281) 420 -6586
X11
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 there under upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
Joint Recreational Facilities Agreement — Travis Element School Page 4
•
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.
aw
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.
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.
ONAMAM
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.
XVE.
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 , 2002, the date of execution by the City
Manager of the City of Baytown.
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
JEPP B
President of the Board of Trustees
CITY OF BAYTOWN
MONTE MERCER
City Manager
Date: Date:
Joint Recreational Facilities Agreement — Travis Elementary School, Page 5
� v ATTEST: . ATTEST:
is
N EMI GARCIA
Se retary of the Board of Trustees
Date:�Qo2
GARY W. SMITH
City Clerk
Date:
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Joint Recreational Facilities Agreement — Travis Elementary School, Page 6
C�
Carver and Travis Elementary Schools
Playground Equipment
2/25/02
Recreational Playground
3 Module seat swings set, balance beam, climbing rocks,
challenge ladder, tic -tac -toe panel, arched bridge with
guardrails, slides, arch climber and snake pole
Fitness Playground
Stretch pole, vertical ladder, crunch bench, spring -up.
bars, horizontal ladder, beam run, jum & touch, wood
balance beam, pull up bars and parallel bars
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® JOINT RECREATIONAL FACILITIES AGREEMENT
STATE OF TEXAS §
ti
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 "City" and 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 G. W.
Carver 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:
I.
Subject to the terms hereof, the City and the District hereby agree to j ointly operate a park on
the property presently owned by the District, said property being part of the G.W. Carver Elementary
School site, located at 600 S. Pruett, Baytown, Texas, as further described in Exhibit "A," which
exhibit is attached hereto and incorporated herein for all intents and purposes (the "Property").
Joint Recreational Facilities Aereement — Carver Elementary School. Page 1
►`� 1 i i
0
1711
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
FIFTY THOUSAND AND NO 1100 DOLLARS ($50,000.00) 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:
1. the City shall be responsible only for the cost of the Improvements up to a maximum
of FIFTY THOUSAND AND N01100 DOLLARS ($50,000.00);
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 shall pay for such
services as well as all equipment and materials for the construction of the Improvements. Once the
Improvements (i) 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 FIFTY THOUSAND AND NO 1100
DOLLARS ($50,000.00), whichever is less. The City shall pay such invoice on or before the 30th
day after the later of:
(1) 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 A eement — Carver Elementary School Page 2
1
III.
It is agreed and understood that the District shall be responsible for all maintenance of the
park and all equipment placed thereon throughout the term of this Agreement. Such maintenance
shall include, but not be limited to, the following
l
1. Edging and trimming around all facilities, trees, curbs and the sidewalk;
� i
2. Keeping the park premises free from rubbish and debris;
3. 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
i
5. Taking all necessary precautions to iensure 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 borne solely by the District.
IV.
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.
i
V. i
I
During the hours all children are not required ;to be in school, the park 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.
i
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
may be used by the District in its program. If the City and the District cannot agree upon the amount
Joint Recreational Facilities Agreement — Carver Elementary_ School, Page 3
i
i
I
• to be paid to the City, then the parties may refer such matter to mediation pursuant to procedures
established therefore 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.
n
LJ
U11
It is agreed hereto that should the District desire to modify the area of the park because of the
construction of additional school facilities or any other reasons, 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 paid by the City, 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 paid by the City, prorated based upon the unexpired term
of this Agreement at the time of destruction.
M1
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.
Q
The term of this Agreement shall commence upon the execution ofthis document by the City
and shall remain in force until day of , 2022, unless terminated sooner by the
City Manager or his designee or the District pursuant to Article X.
E�
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 terminationn 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 Agreement — Carver Elementary School Page 4
XI.
The District may not sell or assign all or pall interest in this Agreement to another party
parties without the prior express written approval of the City Manager of such sale or assignment.
V41I
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. (281) 420 -4654
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax No. (281) 420 -6586
X11
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 there under upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropri ate 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.
no
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 Apreement — Carver Elemen School Page 5
0
xv.
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.
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.
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 , 2002, the date of execution by the City
Manager of the City of Baytown.
GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN
INDEPENDENT SCHOOL DISTRICT
Q� a4,,h 9,4�
JEPP &SOW-
President of the Board of Trustees
Date:.' - 7 - Q Z
ATTE T: _,, J ;"I'eo / -
N EMI GARCIA
Secretary of the Board of Trustees
MONTE MERCER
City Manager
Date:
ATTEST:
GARY W. SMITH
City Clerk
Date: .3 % Date:
CADocuments and SettingsVpwio ramire My DocumentsVoint RecreationalFacilitiesCarverSchool .doc Ldoc
Joint Recreational Facilities Agreement — Carver Elementary School Page 6
n
Carver and Travis Elementary Schools
Playground Equipment
2125102
Recreational Playground
3 Module seat swings set, balance beam, climbing rocks,
challenge ladder, tic -tac -toe panel, arched bridge with
guardrails, slides, arch climber and snake pole
Fitness Playground
Stretch pole, vertical ladder, crunch bench, spring -up
bars, horizontal ladder, beam run, jum & touch, wood
balance beam, pull up bars and parallel bars
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