Ordinance No. 10,844�J
t
U
ORDINANCE NO. 10,844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING 1NTERLOCAL AGREEMENTS WITH THE GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR LIMITED
INSPECTION SERVICES CONCERNING THE STALLWORTH STADIUM PRESS
BOX AND FOR LIMITED INSPECTION SERVICES CONCERNING THE
AGRICULTURAL BARN LOCATED AT 8312 JOHN MARTIN, BAYTOWN,
HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I: That the City Council of the City of Baytown hereby authorizes and directs the
City Manager to execute an interlocal agreement with the Goose Creek Consolidated Independent School
District for limited inspection services concerning the renovation of the Stallworth Stadium Press Box.
Said agreement is attached as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown hereby authorizes and directs the
City Manager to execute an interlocal agreement with the Goose Creek Consolidated Independent School
District for limited inspection services concerning the agricultural barn located at 8312 John Martin,
Baytown, Harris County, Texas. Said agreement is attached as Exhibit "B" and incorporated herein for
all intents and purposes.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
"A
INTRODUCED, READ, and PASSED by the affirmative vote
i this the 28`x' day of February, 2008.
KNALN,- Interim City
APPROVED AS TO FORM:
eidl4ACIO RAMIREZ, SR., Cit ttorney
RAKaren \Files \City Council \Ordinances \2008 \February 28\ GCCISDInspec tionServicesContracts.doc
the City Council of the City of
CARLOS, Mayor
o INTERLOCAL AGREEMENT
FOR
INSPECTION SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement for Inspection Services for the renovation of the Stallworth Stadium
Press Box (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 and/or renovating the Stallworth Stadium Press
Box (the "Project'), which is outside the corporate limits of the City; and
WHEREAS, the District desires to build the Project in accordance with the applicable building,
plumbing, mechanical and electrical codes adopted by the City and as amended in Chapter 18 of the Code
of Ordinances, Baytown, Texas; and
WHEREAS, the District has requested that the City perform plan review and inspection services
for the Project on behalf of the District; and
0 WHEREAS, the City is agreeable to performing the requested services under the terms and
conditions expressed herein;
NOW THEREFORE, the City and the District, in consideration of the mutual covenants,
agreements and benefits herein contained, do mutually agree as follows:
L
DISTRICT'S RESPONSIBILITIES
1.01 Permits. Before any work is to be performed on the Project after the design thereof, the District
shall file a building permit application and all other associated permit applications with the Chief
Building Official of the City or his designee (collectively hereinafter referred to as the "Chief
Building Official "). No work shall be performed in furtherance of the Project until the required
permits have been obtained.
1.02 Payment of Fees. The District understands and agrees that it will be subject to the permit fees,
inspection and plan review fees as specified in Sections 18 -127, 18 -255, 18-462, 18 -589, 18 -623,
and elsewhere in the Code of Ordinances, as applicable, as the same now exists or may
hereinafter be amended.
1.03 Inspection Requests. It shall be the duty and responsibility of the District to request inspections
at critical phases of the Project and as may otherwise be required by the codes and ordinances of
the City. The Project site shall remain accessible and exposed for inspection purposes until
approved. Approval as a result of an inspection shall not be construed to be an approval of a
violation of the provisions of the City's codes and/or ordinances. Inspections presuming to give
authority to violate or cancel the provisions of the City's codes and ordinances are invalid.
Interlocal Agreement Page 1
DT A
Neither the City nor its officers, agents or employees shall be liable for any expense entailed in
® the removal or replacement of any material required to allow inspection.
1.04 Release. 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. Nothing contained herein shall be construed in any way so as to waive in
whole or part the City's sovereign immunity. The District assumes full responsibility for the
Project.
EL
CITY'S RESPONSIBILITIES
2.01 Provision of Services.
a. Generally. The Chief Building Official of the City shall receive the District's
applications, review construction documents, and issue permits as appropriate, perform
inspections, and enforce compliance with the provisions of the City's codes and
ordinances.
b. Inspections. Except as otherwise provided herein, the Chief Building Official shall make
all of the required on -site inspections of all building components, including the building,
electrical, mechanical and plumbing systems, at various stages of construction of the
Project to determine compliance with all applicable codes and ordinances of the City of
Baytown.
C. Documents and Information. The Chief Building Official shall be entitled to rely on the
is accuracy of information provided by the District or its consultants. Additionally, the
Chief Building Official shall keep official records of applications received, permits and
certificates issued, fees collected, reports of inspections made, and notices and orders
issued
2.02 Limitation of Services. The City is not required to make exhaustive or continuous on -site
inspections to check the quality or quantity of the work, but shall be required to make inspections
in response to inspection requests from the District.. It is expressly understood and agreed that the
City shall neither have control over or charge of, nor be responsible for the construction means,
methods, techniques, sequences or procedures or for safety precautions and programs in
connection with the Project. Issuance of a certificate of occupancy by the City shall not be
construed as an approval of a violation of the City's codes and ordinances. Furthermore, the
designing engineer of the foundation, structural steel and masonry wall is responsible for
inspecting, certifying and providing a letter to the City certifying these elements are constructed
in accordance with his/her design.
11L
TERM
Except as otherwise provided herein, this Agreement is effective on the date the City Manager
signs this Agreement until completion and acceptance of the Project by the District. This Agreement,
however, may be terminated with or without cause by either party upon (60) days' prior written notice.
lnterlocal Ag=ent Page 2
C17
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.
NIISCELLA,NEOUS PROVISIONS
5.01 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.
5.02 Compliance with Applicable Laws. 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
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.
5.06 Governing Law. 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.
trtterlocal Agreement Page 3
5.0? SeverabiIity. All paarties agree that shtould any provision of this A.greenaent.be detcrnri :tied
® to b,:. inval.i.d or unenforceable, such determination shall. not affect. any other term of this Agreement,
which shall continue in full force and effect.
5.08 No Right to Arbitration. Notwithstaxtdinb anything to the contrary contained in this
A.grcenier.t.t, the City and the District hereby agree that no clairn or dispute between the City and d e
District arising, out of or rerlati.nt, to this Agreement shall be decided by any arbitration proceeding
vne.luding, witanrut limitation, any pros eedi.ttg, under the Federal Arbitration Act: (J U.S,C. Sections 1. -14).
or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided t:haa in the event that the City is subjected to an arbitration proceeding notwi.thstandi.m; 1h:is
provision, the .District cortsenu to be joined in the arbitration proceeding if the District's presence is
rqu.i.red or requested by the City for coraaplete reli.efto be recorded in the arbitration proceeding.
5.09 'No Third Party Beneficiaries, This Agreement shall not bestow any rights upon any third
iWIT1, , but rather, shall bind and benefit. the District and the City only.
5.1.0 Ileadines. The article and section. headings arc used fii this Agreement 'for convcnie:nce
and reference purlxOses 01:1:1y and are riot intended to define, lina.h or describe the scope or intent of any
Provision of this Agreement. and shall have n.o rnean.i.ng or effect upon its int:erpretat on.
5.11 Ambinni i.es. In the event of any arrlbigui:ty in any of the terns of-this Agreement, it shall
not be. construed for or against away party hereto on. the basis that such party did or did not author the, same.
5.12 Aarecmem .R.ead. I lie. parties acknowledge that. they have read, anderstand and intend to
bc bound by the terms and conditions of this A.(ireement..
-5-13 s Authority. The officers executing this Agreement on behal f of' the parties hereby
® I-eprCsent that such olfiicers have full authority to execute this Agreement and to bind the party he /she
rcpres'e tts.
F NVJT�NI. SS WTIEREOF, the parties hcaGf.o laavve executed this :1 reunaent in naultil.�le ccrl.�ies,
each of which shall be deemed to 'be an original, but all of which shall constitute bm.. one and flan saanie:
Agreement on tare _ _ day of' 20 the date of execution by the City
Manager of the City of Baytown.
CiOt)51: CREEK CON' SO.L.1DATED C11 'Y OF BA.Y`1OWN
I'N-D 1'1 -tiDFNT SCHOOL DISTRICT
4��O=L,-
� :l' 1: OSK_l?�r57 C;:1lt.1Z1SC)N C 131�iJMBACK.
President of the Board City Manager
-1TTL.ST:
AN T:1- I.ONYt'C; .I S1'(7 —
Board Secretary
Date:
A7- 1-13' ST:
KEf..V1N KNA. A"
hiterim Cit`v Clerk.
Date.: Z-- w t t-- 2_.C) CD2) Date: _
R.: :i....cn) ileet Co n;r-cIsllri ter IoudAggccmenNnspo zionSmieesN' UU4 S I'll Iwortiis tall ill tr)Rovi.,el.doe
fnrerloc<il AgTeement. 11aae 4
IN'T' E .HOC A L AGREE M E N'fi
FOR
INSPECTION SERVICES
S,CATI -; OF TLAAS
C(:)U'NTY 01 HARRIS
This Interlocal Agreement 'f -or Inspection Services f.or the ren.ovadon of the agricultural barn
w,
located at. —;;17 l{ M } {ey (the 't�lgreernent "} is n'ttide and entea-ed i.n.to pursuant to [Ile
Interlacal. Cooper-aiion Act by and between tale CITY OF BAYTOWN, a municipal corporation located in
Harris and Chambers Counties, Texas, (the "City ") and the GOOSE. CREEK CON SOLADATI.A.)
INDEPI NI)"NT SCHOOL DISTRICT, a governmental body, organized and existing by virtue 01'01C
laws offthe State of l`exas, (the `District ").
41%1 II: t.;AS, t;1.te District plans oil constructing and /or r•enovati.n.g the a`�ricu.lture barn, located at
�211n M� �4-trl - - - -. Baytown, Texas (the "ProjeCL "), which is outside tite corporate limits oif the
City: and
4V1 Il :R.1=:AS the District desires to build the Project in accordance with tile, applicable bulldim,
plumbing, rtaecha.nical and electrical codes adopted by the City and as a.naended in Chapter 1.8 ol`the Code
ofUrdinances, Baytown, "Texas; and
Wl II.I ..,AS, the District has requested that the City perTorrrt plan review and inspection services
® i'or the Project on behal f of the District, and
1 i ll"�' ZI:AS, ttte City is a.grec<. ale to performing the. requested services under the terms and
conditions expressed herein,
NOW Tlll Ra FORf :,, the City and the li:)istriet, in Consideration of the ntuturtl covenants,
agreements and. benefits herein contained, do mutually -ree as follows:
I.
DIS'l MC'l''S RES11"O NSIBI`C.,ITU S
I .Q1 Pe.rrnite. I3etore any work is to be performed on the Project aftcr lire design thereof, the District
shall Meg a huildinyz per•tttit application and all other associated permit applications with the Chief
13uilding OI'f:icial of the City or his designee (collectively hereinafter referred to as the "Cl ie'
Building OPtiCial "). NO work slaall be performed in fltrthe:rance of (lie 1'1-c:tjcct Until the required
permits have been obtained.
1.02 Rivrrtent. cal lees. The District understands and agrees that it will be subject: to rite- permit fees,
inspection and plait review fees as speciiied in Sections 18- 127, 18 -255, 18 -462, 18 -589, 18 -623,
and elsewhere in the Code of C;1rdi_iiances, as applicable:, as the same now exists or may.
herciriafi:cr be a.mcnded.
1.03 hismetion Renuests. It shall be the duty and responsibility olf the District to request inspections
at critical phases ohthe Protect and as rtlay otherwise he required by tlae codes and ordinances o'
Ulu City. The Project site shall remain accessible and exposed For inspection latrrposcs until
® approved. :Approval as a result of an utsi,eC,itort shall not be ConStrued to be 'tn approval of a
violation of, tile provisions ol'thc City "s codes and /or ordinances. inspections presturting tea give
authority to violate or cancel the provisions of the City's codes and ordinances are invalid.
Irtte_rlocal A`recm_c.m Page. 1
E
Neither the City nor its officers, agents or employees shall be liable for any expense entailed in
the removal or replacement of any material required to allow inspection.
1.04 Release. 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. Nothing contained herein shall be construed in any way so as to waive in
whole or part the City's sovereign immunity. The District assumes full responsibility for the
Project.
IL
CITY'S RESPONSIBILITIES
2.01 Provision of Services.
a. Generally. The Chief Building Official of the City shall receive the District's
applications, review construction documents, and issue permits as appropriate, perform
inspections, and enforce compliance with the provisions of the City's codes and
ordinances.
b. Inspections. Except as otherwise provided herein, the Chief Building Official shall make
all of the required on -site inspections of all building components, including the building,
electrical, mechanical and plumbing systems, at various stages of construction of the
Project to determine compliance with all applicable codes and ordinances of the City of
Baytown.
C. Documents and Information. The Chief Building Official shall be entitled to rely on the
accuracy of information provided by the District or its consultants. Additionally, the
Chief Building Official shall keep official records of applications received, permits and
certificates issued, fees collected, reports of inspections made, and notices and orders
issued.
2.02 Limitation of Services. The City is not required to make exhaustive or continuous on -site
inspections to check the quality or quantity of the work, but shall be required to make inspections
in response to inspection requests from the District. It is expressly understood and agreed that the
City shall neither have control over or charge of, nor be responsible for the construction means,
methods, techniques, sequences or procedures or for safety precautions and programs in
connection with the Project. Issuance of a certificate of occupancy by the City shalt not be
construed as an approval of a violation of the City's codes and ordinances. Furthermore, the
designing engineer of the foundation, structural steel and masonry wall is responsible for
inspecting, certifying and providing a letter to the City certifying these elements are constructed
in accordance with his/her design.
Ill.
TERM
Except as otherwise provided herein, this Agreement is effective on the date the City Manager
signs this Agreement until completion and acceptance of the Project by the District. This Agreement,
however, may be terminated with or without cause by either party upon (60) days' prior written notice.
Interlocal Agreement Page 2
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
5.01 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.
5.02 Compliance with Applicable Laws. 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.
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.
5.06 Governing Law. 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.
Interlocal Agreement Page 3
E
5.07 Severabi It '. All parties agree that should Lilly proviSioll Of this A.oreement be determined
to he invalid or unenforceable, such determinaltiou shall not affect arly (Aller term of this Agrecinent,
�vhlcll, Shall Comlillic M Cul I 1,61-ce aild of feet.
5.08 No Ri(uht to A.rhi.t.railon. Notwillistanding anything to flic corlt.Mry contained ill 1his
..............
;\rullwlll. dic City arld Ow District hereby at that. it(.) claim or dispute between the City .-lild [lie
Di. trice al"IS1,1`10 OLA at` or relating to this Agr enlenr Shall be decided by ariv arbiti-,ation procut:,(.111`10
InCiLrdim,, widiout limitation, any proceedinlo under the Federal Arbitration Act (9 U.S.C. Sections 1-14),
Or dlIV applicable State arbitration st.'itute, including, but 110t limited to, the 7'ex.-Is General Arbilralion Act,
pi-ovide'd Mal if) the evC111 that tile C'it)' is SLIl�JCGtCCl to .-.In arbitration proceeding noL\vi.th.s!.,indlm this
I)MVIS1011. the. District Conscills to be
joined in the arbitration proceeding if' the District's pl%�S•llce is
f`_1CjL1Ir_Cd or rQcjuk:sted by the City For ci-mipleie reliefto be recorded in tile 1irbitr..-ition pi-occedino
No Third Party Beneficiaries. This Ao reement. shall not bestow air ri(alits upon ;rrw third
party but rather., shall bind and benefit the l.)iStrI.Ct and 01C, City only.
5.1(J 1 ie"idim-'s. 'I'lle article and section headings art used in this Agreement k) - cotv e.
I I ell 1011c
aHld rel"erence purposes Only and are riot intended to define, limit or describe the scope or intent ofl'in.y
INOVIS1011 ol"Uhis Aureement ;ind shall Vuive no Illealling rveffect upoll its interpretation.
al I I A 'LiaiCS. In the, L"Vent ofany '111bil'lity in ally of the: terns of this /V'ralllent. It 1111
not be CXISIRWd i'Or or againsi, any party hereto o
11 the lxvsis that such party did (,,)I- did not a.uilior thr sainc,
5.12 Aureemew Read. The parties (acknowledge. that they have read, understand and inwild to
be bound by the ter1_11_s and condilionti ref this Agreement.
1 I -
. -) /'%l.jtlIoritv. "Ilse Officers eXCCLIGIII�l this Agreement on belialf of the parties hereby
fc:p!-eSCllt 111i.11 SUCII OfhCCI-S have frill a1111101`ity to execule this A(greemcnt and to bind the ixtriv he/she
rcpl"e,Scxlts.
IN VVITNIF'.SS %VHER1`Of1, the parties hereto have executed this Acreeliient in multiple. copies,
each of which shu.11 be deemed to be -(Ali original, [ill( all 01" which S11811 COI)Stil,Llfe but one 'Alld the Silrllle
A-reciltent on the d "i v al 20_ the (late of execution by tile, Cftv
. .. .. .. ......
manager of* the City of.13avlown.
GOOSII." C"ONSOLIDATI'D CITY OF 13AYTOWN
I N F) E: PI `: N I ) L"INT S C I 10 0 L 1)1S I'I Z I C f
Prc,s](1cm of the 13oard
ATTFSTI
-
I:-, t o
Board
GARRISON C. RRIJ!10.13ACK
City jMatlager
Z-1
Date:
ATTI.. ST:
KELMN K,NA.I.jF
Interim (.,'Iiv Clerk
-L -- k 0 Date:
............ ...... I......,
ilite'docal