Ordinance No. 11,266ORDINANCE NO.11,266
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTESTTO AN.INTERLOCAL AGREEMENT WITH THE
GOOSECREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
FORTHE COOPERATIVE USE OF THE EDDIE V.GRAY WETLANDS
EDUCATION AND RECREATION CENTER;AND PROVIDING FORTHE
EFFECTIVE DATE T!IERHOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1:Thai 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 with the
Goose Creek Consolidated Independent School Districtfor the cooperative use of the Eddie V,
Gray Wetlands Education and Recreation Center.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 ofth^City Council of the
City of Baytown this the 24lh day of November,2009.
ONCARLOS.Mayor
APPROVED AS TO FORM:
RAMIREZ,SR.,j§Hy Attorney
It.■K ;irc!nl'"iI cs -.C iI y Cau]ici]iQrtJinan6ts\3Qli9U1iavember M
EXHIBIT A
INTERLOCAL AGREEMENT
EDDIE V.GRAY WETLANDS EDUCATION AND
RECREATION CENTER
STATE OF TEXAS §
§
COUNTY OF HARRIS §
WHEREAS,this Agreement is made and entered into pursuant to the Interlocal Cooperation Acl.
Texas Government Code,Title 7,Section 719.001,el 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 Goose Creek Consolidated Independent School District,a local governmental entity located
in Harris and Chambers Counties,Texas,hereinafter referred to as "School";and
WHEREAS,the City and School desire to jointly support thecreation and operation of a wetlands
research and education center located in Baytown,Harris County,Texas;and
WHEREAS,the City desires to assist in promoting this public activity by providing for the use of
certain of its property known asthe Eddie V.Gray Wetlands Education and Recreation Center;and
WHEREAS,such cooperative use is to the mutual benefit of the City and the School 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 City hereby grants permission,subject to the terms and conditions herein specified,to the
School to use City-owned property located at 1724 Market Street,liaytown,Texas,known as the Eddie
V.Gray Wetlands Education and Recreation Center for conducting of classes and laboratory instruction
in environmental research and education and for such additional purposes and uses as set forth in Exhibit
"A".At least forty-five (45)days in advanceof each calendar quarter in which the facilities arc proposed
to be used,the School must notify the City in writing of the time,date,and purpose of each proposed use
and obtain prior written approval for the same from the City Manager or his designce.The City Manager
or his designee will not unreasonably withhold such approval.
The City and School contemplate and agree that changes may occur in the type of programs
offered or activities (he School may conduct in ihe future ai the facility.The School,therefore,agrees
that it will notify the City of any proposed change in the activities or programs being conducted at least
thirty (30)days prior to the effective date of time such change is being considered.The School must
obtain the prior written approval of the City Manager or his designce of any proposed change.Cily
through its City Manager or its designce reserves ihe right to disapprove of any proposed change
Interlocal Aurccmeni Eddie V.Gray Wetlands Education and Recreation Center.1'age I
requested by the School.Approval of a proposed change of the School shall not be unreasonably
withheld by the City.
II.
The School will be conducting the following activities upon the above-described property:
A.Research,
B.Instruction of Students,
C.Laboratory Instruction,
D.Environmental Remediation Instruction and Project Planning and Implementation.
E.Continuing Education Classes,and
F.Such other activities and uses as set forth in Exhibit "A".
III.
The City's sole responsibility shall be in providing the above-described property for use by the
School for the purposes described in Article II hereinabove.All School activities,other than utilities,
maintenance and usual andcustomary expenses of providing and operating the facility,will be conducted
soiety at the expense of and responsibility of the School,and the School shall be responsible for all other
requirements for conducting its instruction and research activities,including,but not limited to,the set-up
and clean-up of the School's activities.The School hereby agrees that it shall leave the above-described
property in as good of condition or better condition than the same was in immediately prior to its use,
normal wear and tear being execpted.Should the School fail to do so within five(5)days after receipt of
a written demand from the City,the City shall clean and/or repairthe property,and the School shall
reimburse the City for all of the costs incurred in compliance with the requirements of Chapter 2251 of
the Texas Government Code.
IV.
The School agrees to make annual payments to the City for the use andoccupancyof the facility
under this Agreement.Each such payment shall be in the amount of FORTY THOUSAND AND NO/100
DOLLARS ($40,000),to be paid within thirty (30)days after the execution of this Agreement and prior to
any occupancy by the School.Subsequent annual payments shall be made on the anniversary date of the
initial payment.
V.
The term of this Agreement shall commence upon the execution of this document by the City and
shall remain in full force and effect until the termination of the Agreement pursuant to Article VII by
cither party hereto.
Interlocal Ajircemeni -Eddie V,Gray Wetlands Education and Recreation Center.Pagu 2
VI.
Both the City and the School,besides all other rights or remedies they may have,shall have the
right to terminate this Agreement without cause upon ten (10)days'written notice from thepartydesiring
the termination to the non-terminating party.Furthermore,both the City and the School have the right to
terminate (his Agreement immediately and without such ten (10)days'writtennotice if the other party
commits a breach of this Agreement,through failureto comply with any provision hereof.It is expressly
understood and agreed,however,that should the City terminate this Agreement without cause or should
the School terminate this agreement for any reason,the City shall refund to the School within thirty (30)
daysof such termination a prorated portion of the annual payment based upon the number of days
remaining in the year for which such annual payment was made at the time of termination.
VII.
The School 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 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 School 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 ofsuch sale or assignment.
IX.
All notices required to be given hercunder 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:
SCHOOL
Goose Creek Consolidated Independent School District
Ann:Superintendent of Schools
P.O.Box 30
Baytown,TX 77522
Fax No.(713)420-4842
Interlocal Agreement -Eddie V.Gray Wetlands Education and Recreation Center.Page 3
CITY
CityofBaytown
Attn:City Manager
P.O.Box 424
Baytown,TX 77522
Fax No.(281)420-6586
X.
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 ofany future
default or failure of performance.
XI.
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.
XII.
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.
XIII.
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,exceptinga subsequent modification in writing signed by all
parties hereto.
XIV.
The parties acknowledge that they have read,understand and intend to be bound by the terms and
conditions of this Agreement.
Inierlocal Aprcement -Eddie V.Gray Wetlands Education and Recreation Cenler.Page 4
XV.
The parties agree thatthis Agreement shall not be construed in favor or of against any party on
the basis that the party did or didnot author this Agreement.
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.
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 ,2009,the date of execution by the City
Manager of the City of Baytown.
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
CITY OF BAYTOWN
DR.TOBY YO
Superintendent of
GARRY BRUMBACK
City Manager
Date:Date:
ATTEST:ATTEST:
WILY>JELAUGH~Ll>#
Boardof Trustees Secretary City Clerk
Date:Date:
Inierlocal Agreement -Eddie V.Gray Wetlands Education and Recreation Center.Page 5
EXHIBIT "A"
1)Use by elementary schools for student tours emphasizing interpretive exhibits,displays
featuring various aspects of the wetlands environment and its importance and learning about
ongoing projects that deal with the wetlands habitat.
Wetlands will provide:
Full day hands-on field trip experience
Facilities
Curriculum aligned to 5lh grade science TEKS and approved by GCCISD
All materials
Information letter to teachers
Schedule of trips
Instructors/docents/vol unteers
GCCISD will provide:
•Transportation by school bus for students from campus to Wetlands/Nature Center
and back to campus
■I campus teacher or administrator to accompany each group
•Discipline when required
•Student permission forms
2)Use by junior schools for student tours emphasizing interpretive exhibits,displays featuring
various aspects of aquatic environments,and interactive lessons on aquatic ecosystems.
Junior schools will also use to enhance science curricula of all grade levels in topics such as
ecology,ecosystems,water quality/chemistry by utilizing the Center as the focal point for
such studies.Advanced science students could use the Center to conduct independent
research projects.
Wetlands will provide:
Full day hands-on field trip experience
Facilities
Curriculum aligned to 6,7 &8th grade science TEKS and approved by GCCISD
All materials
Information letter to teachers
Schedule of trips
Instructors/docents/volunteers
GCCISD will provide:
•Transportation by school bus for students from campus to Wetlands/Nature Center
and back to campus
•I campus teacher or administrator to accompany each group
•Discipline when required
•Student permission forms
Inierlocal Agreement -Eddie V.Gray Wetlands Education and Recreation Center.Page 6
3)Use by high schools to enhance courses in:
a)Biology (both Regular and Pre-AP)
b)Advanced Placement Biology
c)Advanced Placement Environmental Science
d)Aquatic Science
e)Earth and Space Science
0 Chemistry (both Regular and Pre-AP)
g)Advanced Placement Chemistry
Use by the high schools to perform laboratory activities and to expand the number and type
of labs that could be incorporated into the various curricula with the facilities that would be
available at the Center.
4)Teacher training and curriculum development to incorporate the Center into the science
curricula at the elementary,junior school and high school levels.In conjunction with the Lee
College science department personnel,Goose Creek staff may conduct summer workshops
directed at both cumculum component development and teacher training in the use of the
Center.
Intcrlocal Agreement -Eddie V.Gray Wetlands Education and Recreation Center.Page 7