HomeMy WebLinkAboutO-1996-2127
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ORDINANCE NO. 96-2127
AN ORDINANCE APPROVING AND AU~HORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB, FOR CONSTRUCTION OF
A CONCESSION/PAVILION FACILITY AT NORTHWEST PARK; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The city council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required 'by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
.
ORDINANCE NO. 96- 2127
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PASSED AND APPROVED, this 12th day of August, 1996.
ATTEST:
~UD. %~~
Sue enes,
City Secretary
~~
Knox W. Askins,
City Attorney
By:
CITY OF LA PORTE
h4~
/ orm n L. a one,
Mayor
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AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE LA PORTE SOCCER CLUB TO CONSTRUCT A
CONCESSION/PA VlLION FACILITY AT NORTHWEST PARK
BECAUSE, the City of La Porte (the "City") is the owner and operator of Northwest
Park and the soccer facilities located there as part of the parks and recreational facilities of the
community; and
Because, the City and the La Porte Soccer Club (the "Association") have entered into
an agreement regarding the use of youth soccer facilities; and
Because, the Association has contributed funds in past years, which funds have been
matched by the City, toward the construction of various amenities and facilities at the soccer
facilities owned by the City; and
Because, the City wishes to recognize and commend the funding that has been
provided by the Association and to provide a method for additional contributions by both groups
toward a future concession/pavilion facility at Northwest Park;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as
follows:
I.
The design and construction of a combined ConcessionlPavilion Soccer Facility (the "Facility") at
Northwest Park shall be a joint venture between the City and the Association. The Association
agrees to contribute funds in the amount of Thirty Five Thousand Dollars ($35,000,00) toward the
design and construction of the facility. The City will contribute Twenty Thousand Dollars
($20,000,00) toward design and construction of the facility and the City will manage all operations
relative to facility design and construction for a preliminary budget, including contingency, of Fifty
Five Thousand Dollars ($55,000,00), Any savings costs realized after design and construction is
completed for the facility shall be remitted to the Association, Any cost overages sustained after
design and construction is completed shall be borne equally by the Association and the City. In the
event that anticipated costs are in excess of Ten Thousand Dollars (10,000,00) over the preliminary
budget amount as stated above, the City reserves the right to delay construction of the facility until
the 1997-1998 fiscal year.
ll.
The City will accept responsibility for general maintenance and electrical costs for the facility after
construction is complete. The Association will accept maintenance of the concession area and to
provide custodial services for the facility.
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Agreement-Soccer/COLP2
III.
The Association agrees to pay its portion of the funds to the City within thirty (30) days after
signature of this Agreement. The City will place the funds in escrow and manage them so as to
obtain a reasonable rate of interest until such time as the funds are sufficient to begin design and
phased construction of the project. If necessary, the City shall provide an annual report as to the
status and balance of the funds in escrow, to the Association. Should either party desire to
withdraw from the project prior to the expenditure of funds for the design and first construction
phase, the escrow account shall be closed and the principal and interest shall be distributed to the
parties, on the same basis as contributed and no penalty or censure shall result.
N,
Alcoholic beverage use, sales, or possession is prohibited by Ordinance at the facility,
v,
This instrument contains the entire agreement between the parties relating to the rights granted in
the agreement and the obligations assumed as a part of the agreement. Any representations or
modifications concerning this agreement shall have no force or effect unless modified in writing,
and signed by each party to the agreement.
VI.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of
this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect
the remaining portions of this Agreement.
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Agreement - Soccer/COLP2
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have the
effect of an original as follows:
(A) It has been executed on behalf of the City on the ~ day of&tfi~ 9'i6. by its City
Manager and attested by its City Secretary, pursuant to an Ordinance of the City
Council of the City of La Porte, authorizing such execution; and
1J':1"'S' f fL..
(B) It has been executed on behalf of the Association on the I~ day ofMafeh-, 1996, by
its President and attested by its Secretary, pursuant to authorization from the Board
of Directors of the La Porte Soccer Club, authorizing such execution,
CITY OF LA PORTE
By:~~T~
Robert T. Herrera, City Manager
ATTEST:
~~d./
Sue Lenes, City Secretary
By:
ATTEST: (0 1\ IJ
-~~~
Alina Sollock, Association Secretary
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