Ordinance No. 10,775ORDINANCE NO. 10,775
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT FOR THE LEASE OF PROPERTY AND THE
LIFT STATION DESIGN AND CONSTRUCTION PROJECT WITH THE
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT;
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 Baytovvn, Texas, hereby authorizes
the City Manager to execute an Interlocal Agreement for the Lease of Property and the Lift
Station Design and Construction Project with the Goose Creek Consolidated Independent School
District. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein 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/
City of Baytown this the 13lh day of December, 2007.
the City Council of the
rtJONCARLOS, tyayor
APPROVED AS TO FORM
4GNACIO RAMIREZ, SR., OfSt) Attorney
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INTERLOCAL AGREEMENT
FOR
THE LEASE OF PROPERTY AND THE LIFT STATION
DESIGN AND CONSTRUCTION PROJECT
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Interlocal Agreement for the Lease of Property and the Lift Station Design and Construction
Project (the "Agreement") is made and entered into pursuant to the Interlocal Cooperation Act by and
between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties,
Texas, (the "City") and the GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT,
a governmental body, organized and existing by virtue of the laws of the State of Texas, (the "District").
WHEREAS, the District plans on constructing a third high school on property at the intersection
of North Main Street and Wallisville Road, which is outside the corporate limits of the City; and
WHEREAS, sanitary sewer services are not currently available at the site of the proposed high
school; and
WHEREAS, to endeavor to ensure that such services will be available at the time of the
scheduled opening of the high school in the Fall of 2008; the District wishes to lease a lift station site and
have the City construct a lift station thereon in order to service its property; and
WHEREAS, the City is agreeable to engaging the engineering and construction firms to design
and construct the lift station on the leased premises as necessary to provide services to the proposed high
school (the "Project") under the terms and conditions stated herein;
NOW THEREFORE, the City and the District, in consideration of the mutual covenants,
agreements and benefits herein contained, do mutually agree as follows:
I.
DISTRICT'S RESPONSIBILITIES
1.01 Lease. In consideration of the mutual covenants and agreements of this Agreement, the City
hereby leases to the District and the District leases from the City the right to use its interest in the
property described in Exhibit "A," which is attached hereto and incorporated herein for all intents
and purposes (the "Premises"), solely for the purpose of the construction of the Project by the
City. The District has examined and accepts the Premises in its present condition as being
suitable for the purposes for which the same are leased.
1.02 Payments. The District agrees to and shall pay the City THREE HUNDRED SEVENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($375,000.00) as rental payment and as payment for the
services to be provided by the City in furtherance of the Project in accordance with this
Agreement. The District shall pay such amount within thirty (30) days of the execution date of
this Agreement by the City Manager and the Superintendent of Schools.
Intcrlocal Aureement Page 1 EXHUmI A
103 Payment of Other Fees. The District understands and agrees that the fees specified in Section
1.02 are in addition to any and all:
a. impact fees that it may be required to pay pursuant to Chapter 114 of the Code of
Ordinances, Baytown, Texas (the "Code");
b. tap fees that it may be required pursuant to Chapter 98 of the Code; and
c. any other fee or charge that is required by state or local law.
1.04 Release.
a. By this Agreement, the City does not consent to litigation and expressly revokes any consent
to litigation that it may have granted by the terms of this Agreement, any charter, or
applicable state law. The District hereby releases, relinquishes, and discharges the City, its
officers, agents and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of any person
(whether they be either of the parties hereto, their employees, or other third parties) and any
loss of or damage to property (whether the property be that of either of the parties hereto,
their employees, or other third parties) that is caused by or alleged to be caused by, arising
out of, or in connection with the Project. This release includes the cost of defense of any
claim and any loss of or damage to property (whether property of the parties or of third
parties) that is caused by or alleged to be caused by, arising out of, or in connection with the
Project whether or not said claims, demands, and causes of action are covered in whole or in
part by insurance.
b. By this Agreement, the District does not consent to litigation and expressly revokes any
consent to litigation that it may have granted by the terms of this Agreement, any charter, or
applicable state law. The City hereby releases, relinquishes, and discharges the District, its
officers, agents and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of any person
(whether they be either of the parties hereto, their employees, or other third parties) and any
loss of or damage to property (whether the property be that of either of the parties hereto,
their employees, or other third parties) that is caused by or alleged to be caused by, arising
out of, or in connection with the Project. This release includes the cost of defense of any
claim and any loss of or damage to property (whether property of the parties or of third
parties) that is caused by or alleged to be caused by, arising out of, or in connection with the
Project whether or not said claims, demands, and causes of action are covered in whole or in
part by insurance.
1.05 Ri^ht-of-Entry. The District, however, grants to the City the right and privilege to enter the
Premises at all reasonable hours in order to perform the services necessary for the completion of
the Project and for the maintenance thereof as deemed necessary by the City.
II.
CITY'S RESPONSIBILITIES
2-01 Design and Construction. Upon payment of the fee specified in section 1.02, the City shall enter
into agreements necessary for the design and construction of the Project. The Project may
include, but not be limited to, the following:
Interlocal Agreement Page 2
> Design cost for engineering related to the sanitary sewer line,
> Consultant fees for the design, and
> Construction of the lift station.
The City shall review and approve, when appropriate, all plans, specifications and other
documents associated with the Project. Throughout the Project, the City may make any Project
clarifications and/or modifications as may be necessary as determined by the City in its sole
discretion.
2.02 Timing. The City will endeavor to have the project completed for use by the District upon the
opening of the District's third high school in the Fall of 2008. However, nothing herein shall be
construed as to guaranty the completion of the Project by such time.
2.03 Reports. If requested in writing by the District, the City shall prepare and submit to the District
within 120 days after the end of each fiscal year of the City during each term of this Agreement, a
verbal or brief written report describing the services performed by the City pursuant to this
Agreement during the previous year along with a summary of expenditures.
III.
TERM
Except as otherwise provided herein, this Agreement is effective on the date the City Manager
and the Superintendent of Schools sign this Agreement and shall remain in effect until completion and
acceptance of the Project by the City. The District may terminate this Agreement upon thirty (30) days'
written notice to the City only if such notice is received, not deemed received, by the City prior to the
commencement of the Project. At the expiration or termination of this Agreement, all improvements
constructed in furtherance of the Project shall become sole property of the City.
IV.
PAYMENTS FROM CURRENT FUNDS
The City and the District agree that each will pay for all expenses associated with this Agreement
for which it is responsible from then current revenues available to each entity.
V.
MISCELLANEOUS PROVISIONS
501 Entire Agreement. This instrument contains the entire Agreement between the parties
relating to the rights hereunder granted and the obligations herein assumed. Any oral representation or
modifications concerning this Agreement shall be of no force or effect, excepting a subsequent
modification in writing signed by all parties hereto.
502 Compliance with Applicable Laws: Choice of Law: Venue. The District and the City
shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and
all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted
or amended. This Agreement shall in all respects be interpreted and construed in accordance with and
Interlocal Agreement Page 3
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.
5.03 Assignment. The District may not sell or assign all or part interest in activities to another
party or parties without the express written approval of the City Manager of such sale or assignment.
5.04 Notices. Except as otherwise provided herein, 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: Superintendent
P.O. Box 30
Baytown, TX 77522
Fax No. (281)420-4854
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax No. (281)420-6586
5.05 Non-waiver. 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 to exercise any right or remedy occurring
as a result of any future default or failure of performance.
5.07 Severabilitv. 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.
508 No Right to Arbitration. Notwithstanding anything to the contrary contained in this
Agreement, the City and the District hereby agree that no claim or dispute between the City and the
District arising out of or relating to this Agreement shall be decided by any arbitration proceeding
including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14),
or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act,'
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this
provision, the District consents to be joined in the arbitration proceeding if the District's presence is
required or requested by the City for complete relief to be recorded in the arbitration proceeding.
509 No Third Party Beneficiaries. This Agreement shall not bestow any rights upon any third
party, but rather, shall bind and benefit the District and the City only.
5.10 Headings. The article and section headings are used in this Agreement for convenience
and reference purposes only and are not intended to define, limit or describe the scope or intent of any
provision of this Agreement and shall have no meaning or effect upon its interpretation
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5.! I Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall
not be construed for or against any party hereto on the basis that such party did or did not author the same.
5.12 Agreement Read. The parties acknowledge that they have read, understand and intend to
be bound by the terms and conditions of this Agreement.
5.13 Authority. 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 , 2007, the date of execution by the City
Manager of the City of Baytown and the Superintendent of Schools of the District.
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
CITY OF BAYTOWN
DR. BARBARA SULTIS
Superintendent of Schools
Date:
GARRISON C. BRUMBACK
City Manager
Date:
ATTEST: ATTEST:
NOEMI GARCIA
Board Secretary
Date:
LORRI COODY
City Clerk
Date:
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