Ordinance No. 15,330 ORDINANCE NO. 15,330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT FOR
THE SOUTH MAIN STORM SEWER PROJECT; 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 and directs
the City Manager to execute and the City Clerk to attest to the First Amendment to the Interlocal Agreement
with the Harris County Flood Control District for the South Main Storm Sewer Project. A copy of the
amendment is attached hereto, marked Exhibit "A," and made a part hereof 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 affi ive vote of the City Co it of the City of
Baytown this the 12'day of January, 2023.
NDON CAPETIL O Ma r
OEST: `'T'•`��e• �� '°F,��,
ANGELA J CK 0N, City Clerk f
C:Y
Z
APPROVED A T FORM:
SCOTT LEM ,City Attorney
RAKaren Andersun\ORDINANCES\202312023.01,1211stAmendment2lnterlocalAgreementWithHCFCD.docx
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EXHIBIT "A" Agreement No. 2022-133
AMENDMENT TO INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AMENDMENT TO AGREEMENT is made, entered into, and executed by and between the
Harris County Flood Control District, a body corporate and politic under the laws of the State
of Texas, hereinafter called "District" or "HCFCD," and City of Baytown, a body corporate and
politic under the laws of the State of Texas, hereinafter called "City", and are collectively referred
to herein as the"Parties."
WITNESSETH, THAT
WHEREAS, the District and City previously entered into an Interlocal Agreement ("the
Agreement"), dated March 24, 2020 (Agreement No. 2020-133), for the demolition and
reconstruction of the South Main storm sewer system from West Texas Avenue to East Republic
Street in the Goose Creek and Cedar Bayou Watersheds for the use and benefit of the public,
and to facilitate the District's needs for maintenance of District infrastructure; and
WHEREAS, the District will transfer the District drainage easements along HCFCD Unit
0101-01-00 from South Main to Lee Road and the entire HCFCD Unit 0101-01-03 drainage
easement as shown on the map attached in Exhibit A to the City; and
WHEREAS, the City will own and maintain these easements, and the City-constructed project as
outlined in Agreement No. 2020-133.
NOW, THEREFORE, the District and the City do mutually agree to the addition of the following
Articles in this Amendment to Interlocal Agreement:
XIV.
TRANSFER OF DISTRICT ROW TO THE CITY
Within 30 days of execution of this Agreement, the District shall convey to the City the District's
0101-01-00 drainage easement between South Main and Lee Drive and the entire 0101-01-03
drainage easement, described in the easement documents attached in Exhibit B and C,
respectively, for the purpose of owning, operating and maintaining the drainage easement.
XV.
MAINTENANCE OF STORM SEWER AND DETENTION POND
Upon completion of the construction of the Project, the City shall provide the District with record
drawings of the entire Project. The City will own, operate and be responsible for all future
maintenance of the 0101-01-00 drainage easement between South Main and Lee Drive and the
entire 0101-01-03 drainage easement, which includes an enclosed storm sewer, drainage
channel, detention and detention outfalls components of the Project and any existing drainage
features within these reaches.
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All other terms and provisions of the original Agreement shall remain in full force and
effect as originally written.
EXECUTED on
APPROVED AS TO FORM:
CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL
HARRIS COUNTY ATTORNEY DISTRICT
By By
Laura Fiorentino Cahill Lina Hidalgo
Senior Assistant County Attorney County Judge
ATTEST: CITY OF BAYTOWN
Angela Jackson it Jason E. Reynolds
City Clerk City Manager
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Exhibit A - ROW to be Transferred from HCFCD to City of Baytown
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Agreement No. 2022-133
EXHIBIT B
Exhibit B-ROW Instrument
Unit Tract:
Unit No: 0101-01-00
Filed As: T & N O RR CO'
Volume: 2099
Page: 129
Records: D
CFNo: 749365
FCNo:
Grantee: HCFCD
D_Accept: 3/23/1950
CCV01: 24
CCPage: 115
Instr_ID: 1829300
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\/ APPROVED AS TO FORM
o "IPP AND uRUADY
THE STATE OF TEXAS Y � 3fJ sY_ -✓
COUNTY OF HARRIS T KNOW ALL MEN BY THESE PRESENTS?
THAT, Texas and New Orleans Railroad Company,la cor-
poration organized and existing under and by virtue of the laws of
the State of Texas, for and in consideration of the sum of One and
no/100 Dollar ($1.00), to it in hand paid by the Harris County Flood
Control District, the receipt of which is hereby acknowledged, and
under the terms and conditions hereinafter set forth, has this day
Granted, Sold and Conveyed, and by theta presents does Grant, Sell
and Convey unto the Harris County Flood Control District, a right of
way or easement for drainage ditch purposes, upon and across the propert,
of Orantor herein, in the City of Baytown, Harris County, Texas, and
being a portion of two tracgs of land conveyed to Dayton Goose Creek
Railway Company by deeds recorded in Volume 525 Pages 236 and 245
of deed records of said County, more particularly described as follows,
to-wits
Beginning at the extreme Northerly corner of a
triangular tract of land described in Volume 525 Page
240 of the Harris County Deed Records, Said point being.,:
opposite Railroad Engineer's Station 3218.96.5.
Thence S. 280 43' E. along the desterly line of
said triangular tract a distance of 27.39 feet to a
point for a corner. A140
Thence S. 610 55' E. 61.05 feet to a point for Z q0
a corner; P7
Thence S. 00 30' R. ;70.70 feet to a-,point on BM SH7 c
the Westerly line of the;,t_akangular tract;-Thence S.
28- 43' E. along the west line of said tract, a distance .
of 138.31 feet to a point for a corner;
Thence N. 88e 14' E. 285.76 feet to a point for
a corner;
Theme N. 59° 55' E. 14.76feet to the most
Easterly corner of the 'tt4ngular tract. Said point
being opposite Railroad Endinaar!s Station 1214+63.3.
✓ — Thence N. 88^ 14' E.:;alon g the South.11me of
Grantor's property at. 526;&feet pass the westerly -
line of Pruett Streefi at'57,9.90 feet pass thii'Easterly
I',e of Pruett St. in.al-I' total distance of 1920;40'
feet. to a Southeasterly-66iner of Grantor's property;. '
Theme N. 55p-.26!. E..along the southeast line
of Grantor's property 46.15 feet to a point for's"'-
corner;
Thence a. 88e 14' w. at 1366.68 feet pass the
Easterly line of Pruett-St. at 14W.-30 feet pass thei
westerly line of Pruett Street, in all a total distance
of 2212.18 feet to a'pFo_ihY for a corner '
Thence N. 61e MV' W. 55.68,feet to a point for
a corner; -
Thence N. 280 43' W. 66;89 feet to a point for
F a corner;
__T,E w,o, ¢g
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Thence N. 00 30' W. 95.48 feet to a point in
the North line of Grantor's property opposite Rail-
road Engineer's Station 1217+99.
Thence s. 890 30' W, along the north line of
Grantor's property a distance of 38.50 feet to a point
in the northeasterly line of the above mentioned
triangular tract. Said point being located opposite Rail-
road Engineer's Station 1218+37.$.
Thence N. 610 55t W. 6a6.12 feet to the point
of beginning.
The Harris County Flood Control District, by the acceptance
of this deed, agrees to clean out and grade the presently existing drain-
age ditch on said tract of land. Ditch to have bottom width of 6 feet
with If to 1 side slopes and bottom grade at elevation of existing drain-
age structures. All material excavated for said flitch shall be spread
evenly over Grantor's adjoining property or removed entirely at
Grantor's option.
This easement is made subject to the rights of Grantor's
tenants now occupying the herein described property, and Harris County
Flood Control District will make its own arrangements with owners of
pole lines, pipe lines, roads and other Improvements belonging to
parties other than the Grantor, which may be located on the property of
Grantor in the vicinity of the herein described easement, for changes
In said pole lines, pipe lines, roads or other improvements, necessary
in order that the work herein contemplated may be accomplished.
Said drainage ditch as improved shall be maintained by said
District at its entire expense, and Grantor hereby grants to said Dis-
trict the right and permission to enter upon its property for the pur-
pose of maintaining said ditch. All work upon, or in connection with
said ditch shall be done at such times and in such manner as not to
interfere in any way whatsoever with the operations of the Grantor, and
to the satisfaction of Grantor.
If and whenever work of any kind or character is to be per-
formed or done on said ditch by a Contractor, Grantor hereby reserves
the right to require the said Contractor to enter into a written agree- ail
ment with Grantor, satisfactory to it, and to require the Contractor
performing the work to give an indemnity bond in favor of Grantor in
such amount as Grantor shall specify before permitting any of said
work to be done upon the premises hereinbefore specified.
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No legal right of Grantor to maintain and operate Its
existing tracks and appurtenances, and to construct, maintain and
operate an additional railroad track or tracks and appurtenances upon
and across said tract of laud shall be Snsnywise affected by the
granting of this easement.
In event the said drainage ditch should ever be vacated,
closed or abandoned, upon and across said tract of land, the said
right of way or easement shall revert to and revest in Grantor, its
successors and assigns.
TO HAVE AND TO HOLD the above described easement
together with all and singular the rights and appurtenances thereto
in anywise belonging unto the Harris County Flood Control District, its
successors and assigns forever, subject to the conditions hereof,
This easement is made without any warranty whatsoever either expressed
or implied.
This easement supersedes and cancels: that certain
agreement between Grantor and City of Polly dated April 12th, 1933,
IN WITNESS WHEREOF, the Texas and New Orleans Railroad
Company has caused
// these presents to be edecuted in duplicate, by its
Vc¢P r-sisvn Y , attested by its Secretary and its
corporate seal to be hereunto affixed, on this the 2L day of
A. D. ly4A
TEXAS AND JNEW ORLEANS RAILROAD COMPANY
By
vice Fresi Wit`
r'PD FORMS 70MMENDEU
.:'. "oral Counsel �� � •u � nerel Kn.gtrr-
Chur
veer,
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Agreement No. 2022-133
THE STATE OF TEXAS I
I
COUNTY OF HAARIS I
BEFORE MR,
a Notary Public, in and
f^or/Harris County, Texas, on this day /
personally appeared /l. Y✓•!l O�/leS , �ce Peres idulT,
of Texas and New Orleans Railroad Company, known to me to be the person
whose name is subscribed to the foregoing Instrument, and acknow-
ledged to me that he executed the same in the capacity and for the
purposes and considerations therein stated, and as the act and deed
of the Texas and New Orleans Railroad Company.
GIVEN under my hand and S seal of office, this the
/ , o
y day ofelAn"r✓ A. D.
hVrAEX Alubillu, HarrIs County,
Texas.
e
�'C��;;,44ants•
STATE OF TEXAS
COUNTY OF HARflIS
1.W.D.MILLER.CLER COUNTY ton, in Ranslmment with tit%
do hereby certify that the obowo and foredo g n in my office
certificate of authen19alO'tion atwas fte0ocilsockim-CIA and dull
d y i o'clak 5-•tl•id
recorde or `��g� 1B.�O'a� �or said county.
'�1=��,-�r�� Page'-4T of record of al Houston, the
to WITNESS my hand and seal of office,
day and data last abova written. W. D.
MILLER.
Ge u ty Co' dais County.Texas.
B-5
Y '
F.
t:
C r �
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Agreement No. 2022-133
CWIrtY I.VOROR'! IOFY lilt
IUP,O!COV,rtY.T[1.V !Nl I0Y t ',
�v
ate
pate _tear.. ,n 194
H.L.Washburn . . - •- ...1_ . . . .. �
County Auditor i - :i .••••4
r :
Building
Dear Sir:
We hand you herewith right of way deeds as follows:
of by whom deithe d—�:�: :U■ now n-+•: ^ Railraod
" (8ti4e out either first or second line)
Acreage 2FS- 1'1_3_.5 (t tte�]
Description of Property-A ..nits t i t '..i t \wind bn ht�lw�'flni,.. f4:.r w--
,. 'L Y
wlrav 0-°�9 t{y floods r es, Aad'ie Vol- 525 Page a2j6_aad_2� et !Is rt.,...� - l
i County Lead 8oeords.
. •: '.i yr: F_
S
,Drainage Area System 1ag�1- ,Recount Number
"'Cash Purchase Price $ _ ."-
Damages,Et Cetera,Allowed (This is to show extra consideration paid land-owner,such as allowance forts'
moving fences,buildlim,'eta,) Hone i
Estimated Value (Wheie property is donated) $ 500.00
Extra Considerations (Items paid direct by Harris County Flood Control,such as moving fences,
ings,'ete.) Identify sgch items with the particulnr right of way being purchased or'donited
Very truly Sour
rfl 1 1
RIGHT OF WAY,DMS.ION
•--•.,c• ' - HARRIS COUNTY FLOOD CONTROL -
BY
rnood;0ontrol Saglaser
.Date
J E
' RooltyMpe3- F,
INSTRUCTIONS:This form is W accompany ell Right of Way Deeds,on)and purchased by or donated to Harris'fbuoty.
All deeds teuat pass through Auditor a oft ire before being recorded.at which time this sheet wW be detached and retatned
by the Auditor.A separate sheet must be filled in for each need.After all entries have been monde,this sheet Is to be Ned
in the contract Me.
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Agreement No.2022-133
EXHIBIT C
Exhibit C-ROW Instrument for 0101-01-03
Unit Tract:
Unit No: 0101-01-03
Filed As: GOOSE CREEK ISD'
Volume: 2125
Page: 569
Records: D
CFNo: 767290
FCNo:
Grantee: HCFCD
D_Accept: 5/4/1950
CCV01: 24
CCPage: 257
Instr_ID: 1829500
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Agreement No. 2022-133
17672W
J THE STATE OF TEXAS t r I hl.q APPROW.D MS i0 POarn
COUNTY OF HARRI$ J rill w`tl'P AND ggOAUY
By
coosE CREEK lh'Dgrztvn>Q+m scHool DISTRICT
I hereinafter called"Grantor'whether one or more,in consideration of the obtaining by the Harris
County Flood Control District of other rightof-ways and easements over,across and along the land of
other porsons,firms and corporations lying above and below the land hereinafter described, for the
same purposes for which this grant is made,and in consideration of the making of surveys and the ex-
penditures of money in designing a drainage system,of which the unit herein described is a part,(mown
as Harris County Flood Control Unit 0 101-01-03
and for the cooperative purpose of carrying out plans for better drainage, has given, granted and con-
veyed,and by these presents does give,grant and convey unto the said Harris County Flood Control
District,its successors and assigns,an easement over, along and across land owned by the grantor In
Harris County,Texas,described as follows:
A tract of lend, 20 fast in width, situated in the County of Harris. State of
Texas, being part of the HARVEY MTIiiG Still". Abstract Ho. 840, and also being
part of the Goose Creek lndeyeadent School District -4.04 acre tract as recorded
In Vol. IDOL at Fade 582 and the 2.319 acre tract as recorded in Vol. 753 at
Page 15 of the Deed Records of Harris County, Texas, and being more particularly
described As follows;
Beginning at the Northeast corner of said 4,04 acre tract;
Thence, along the Easterly line of said 4.04 acre tract and the 2.319 acre
tract as follows:
South 170 151 Bast, 496.00 feet to a paint; 1n
South 230 111 East, 123.00 fast to a point; p �SAtfi
South 307.11 feet to the Southeast corner of said 2.319 acre tract, IM„y/,/
Thence, South 990 221 West, 20.00 feet to a point; M"
Thence, parallel to and 20 feet Westerly of &bid Easterly line, as follows:
i
Borth, 303.23 feet to a point;
Borth 230 111 west, 119.94 feet to a point;
North 170 151 West, 49v,25 feet to a point on the Northerly line of laid 4.o:s
acre tract;
Thence, East, 20.94 feat along said Northerly line to the point of beginning,
contalning 0.42 acres, more or less.
To have and to hold the above described easement and righ"f-way, together with all and singular the
rights and aPpurtetmncee thoreunto in any wise belonging,including the right of ingress,egress and re.
liven over adjoining lands of the Grantor,unto the said Harris County Flood Control District,its success.
are and assigns forever.
This easement is granted for the purpose of making and constructing drainage hnFrovements and
works designed by the Grantee for the purpose of cantrollin¢the flow of surface and flood waters,end
to Afford better drainage,not only to the land owned by the Grantor,but to other adjoining lands,it being
understood that all work shall be designed by the Grantee and subject to its control. The Grantee may
cut such tins,brush and other natural growth along the easement conveyed as is necessary for the
operation of equipment In the work.The excovated soil may be deposited outside of the above described
easement at a height not exceeding J]_feet above the natural surrounding land.Openings are to be
provided in the son so deposited at Intervals of not more than 200 feet.
If existing fences are disturbed by construction or maintenance an the part of the Grantee,the Gran•
tee will bear all coats of replacing or re-establishing the fences in the same or a better condition in which
they were prior to the operations of the Grantee.
Grantor reserves all oil,gas and other minerals in,on or under the above described property.
Witness locar -heads this loth day of aP it
;t r TRUSBY I
nI
eaMin
umg
''�-r•:� '. �(�pay sere cry
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Agreement No. 2022-133
Signature witnessed by: Grantor
Address
Address
THE STATE OF TEXAS
COUNTY OF
Before me,the undersigned authority,on this day personally appeared TLeo IiUburn.
A. R. Stark, Pres. and Sec. Board / of Trustees,
known to me to be the peraoneahom iu)i i�fi"e�L:":
scribed to the foregoin¢Inatrument and acknowledW to me that_he executed the e1eYj�;fo�jthe.p94'
Poses;and consideration herein expressed.and in the capacity therein ataf
Given under my hand and seal of office,at Battonn ,this 1_ ay a
,.,.
ErC�i �—
,,,;;.,, r.,r,. , •c,vi,. io<, Notar ublle in and foi•.•J''_';
M>eem,nnvon E.poef lu,w 1, 1951 Bnrr18 �' '
County,-Texas.
y •
THE STATE OF TEXAS
COUNTY OF
Before an% the undersigned authority, In and for said County and State, on this day personally
appeared known to me to be the persons
whose names are subscribed to the foregoing instrument, and aclmowledged to me that they executed
the same for the purposes and consideration therein expressed.And the said_ _____•
wife of the said_
THE STATE OF TEXAS i f W.D.MILLER,Clark of the County Court of Hartle County,Texas,do
County of Harris J
hereby certify that the within instrument with its certificate of authentication was filed for registration
A
is my o[floe.___. __.. Suly__1 .........., 19..._5�, at 9..�5.._..oclock..._.___.......M., and duly recorded
Aug 11 11:16 A alas
m _.... .__.... ... .. . ...__., 1Br�.. at ........_.. oclxk ........ __.:._..M.'in Vol_..__. .. .. _..
Page..._.569......of retard oL..._.__. ._Deeds............ .._ . ._.. _._.__._..._.for said County.
WITNESS my hand and seal of office,at Houston,the day and date last above written.
W.D.MILLER
BY.... uty
iea sous
Q ~ w J o CC
ea 160
oo GO
o0
Aj
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Agreement No. 2022-133
..1t.
CYW,Rr�uD1101ra .03Y lice :`^ •
urn YT'..lvi..A.H.10Y 4.. •.
^`- Dat April 24. 1456
H.L.Waebbi rn ,
County Aiiditor:; =;f:;.
Building -;.p'•`
Dear Sir
We hand Sou berewtth right of way deeds ea follows:
•.^t L 4.`
-gom* = 600ee Creek Independent 8obool Dietriot
or by whom donated''-' ..
(Strike uaL either nif[or second line)
....... ....... Acreao '0 42�$AA tlral) -� 0 42 1Caeting)-�`�0
'Description of Property Belna a traot of land20t'1n width, beingpart of HARVEY
StHITIA6'`BURVSY`!A=84(l "and a part of a 4e04 Sore traot'ae !reedrded .in
Vol. 1007 '-Page':'S82 -cad 's 2.319.'eore' traotan Vo1:��753. Page 15 `ot,-'the '
Deed Reoorde of rrla County, Texas.
aooee 6reek"Driidi a"fie oY. o lol=oi-o
Drainage Area Systems g Account Number 3
Cash Purchase Price $ ----
-
Dsmages,;Et Cetera,Allowed (This is to,show extra consideration paid land-owner,such as allowance for
moving fe ees,buildings,etc:) Rona'
Estimated Value (Where property is donated) $ 420.CO
Extra Cohkderations,(Items paid direct by Harris County Flood Control,such as moving fences,build-
. �- -
ings,etcS--Identify such items with the paiticular,right of way bein8 purchased of donated Hone''
Very truly yours
i•' - .
- r ,RIGHT•OF WAY
. _ .. . HARRIS COUNTY FLOOi)CONTROL,'.
lood Control:lengine >`er
. - 'Entered ' r
Data
. .Idaokkeaper - .. •_ ..
DTWrRUCM0&S:This form is to accompany all Right of Way Deeds on land purchased by or donated to Airifa douoty-
All deeda must peas through Auditor's office before being recorded,at which time thle sheet wnl be detached and r<tafaed
by the Auditor.A separate aheet muet be fated in for each deed.After as entries have been made,ME,sheet is to be feed
In Me contract Ale.
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Agreement No. 2022-133
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the Harris County Administration Building in the City of Houston, Texas, on
, with the following members present, to-wit:
Lina Hidalgo County Judge
Rodney Ellis Commissioner, Precinct No. 1
Adrian Garcia Commissioner, Precinct No. 2
Tom S. Ramsey, P.E. Commissioner, Precinct No. 3
R. Jack Cagle Commissioner, Precinct No. 4
and the following members absent, to-wit:
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN
THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND CITY OF BAYTOWN
Commissioner introduced an order and made a
motion that the same be adopted. Commissioner seconded the
motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed
by the following vote:
Yes No Abstain
AYES: Judge Lin@ Hidalgo ❑ ❑ ❑
NAYS: Comm. Rodney Ellis ❑ ❑ ❑
ABSTENTIONS: Comm. Adrian Garcia ❑ ❑ ❑
Comm. Tom S. Ramsey, P.E. ❑ ❑ ❑
Comm. R. Jack Cagle ❑ ❑ ❑
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and lawfully adopted. The order thus adopted follows:
WHEREAS, the District and City previously entered into an Interlocal Agreement ("the
Agreement"), dated March 24, 2020 (Agreement No. 2020-133), for the demolition and
reconstruction of the South Main storm sewer system from West Texas Avenue to East Republic
Street in the Goose Creek and Cedar Bayou Watersheds for the use and benefit of the public,
and to facilitate the District's needs for maintenance of District infrastructure; and
WHEREAS, the District will transfer the District drainage easements along HCFCD Unit
0101-01-00 from South Main to Lee Road and the entire HCFCD Unit 0101-01-03 drainage
easement as shown on the map attached in Exhibit A to the City; and
WHEREAS, the City will own and maintain these easements, and the City-constructed
project as outlined in Agreement No. 2020-133.
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Agreement No. 2022-133
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: Exemption from the County Purchasing Act under Texas Local
Government Code § 262.024(a)(4) is hereby granted.
Section 3: County Judge Lina Hidalgo is hereby authorized to execute for and on
behalf of the Harris County Flood Control District, an Amendment to an
Interlocal Agreement between the Harris County Flood Control District and
the City of Baytown, said Amendment to Agreement being incorporated
herein by reference for all purposes as though fully set forth verbatim
herein.
sp City of Baytown 0101-01-00 2020-133 amend.docx
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Agreement No. 2022-133
AMENDMENT TO INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AMENDMENT TO AGREEMENT is made, entered into, and executed by and between the
Harris County Flood Control District, a body corporate and politic under the laws of the State
of Texas, hereinafter called "District" or "HCFCD," and City of Baytown, a body corporate and
politic under the laws of the State of Texas, hereinafter called "City", and are collectively referred
to herein as the "Parties."
WITNESSETH, THAT
WHEREAS, the District and City previously entered into an Interlocal Agreement ("the
Agreement"), dated March 24, 2020 (Agreement No. 2020-133), for the demolition and
reconstruction of the South Main storm sewer system from West Texas Avenue to East Republic
Street in the Goose Creek and Cedar Bayou Watersheds for the use and benefit of the public,
and to facilitate the District's needs for maintenance of District infrastructure; and
WHEREAS, the District will transfer the District drainage easements along HCFCD Unit
0101-01-00 from South Main to Lee Road and the entire HCFCD Unit 0101-01-03 drainage
easement as shown on the map attached in Exhibit A to the City; and
WHEREAS, the City will own and maintain these easements, and the City-constructed project as
outlined in Agreement No. 2020-133,
NOW, THEREFORE, the District and the City do mutually agree to the addition of the following
Articles in this Amendment to Interlocal Agreement:
XIV.
TRANSFER OF DISTRICT ROW TO THE CITY
Within 30 days of execution of this Agreement, the District shall convey to the City the District's
0101-01-00 drainage easement between South Main and Lee Drive and the entire 0101-01-03
drainage easement, described in the easement documents attached in Exhibit B and C,
respectively, for the purpose of owning, operating and maintaining the drainage easement.
XV.
MAINTENANCE OF STORM SEWER AND DETENTION POND
Upon completion of the construction of the Project, the City shall provide the District with record
drawings of the entire Project. The City will own, operate and be responsible for all future
maintenance of the 0101-01-00 drainage easement between South Main and Lee Drive and the
entire 0101-01-03 drainage easement, which includes an enclosed storm sewer, drainage
channel, detention and detention outfalls components of the Project and any existing drainage
features within these reaches.
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All other terms and provisions of the original Agreement shall remain in full force and
effect as originally written.
EXECUTED on
APPROVED AS TO FORM:
CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL
HARRIS COUNTY ATTORNEY DISTRICT
By By
Laura Fiorentino Cahill Lina Hidalgo
Senior Assistant County Attorney County Judge
ATTEST: CITY OF BAYTOWN
OF 8pYT0!1;Y
c
Angela J c son 5or1 E Idea holds
City Clerk 1I°� Citimanager
COB Vgal
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EXHIBIT A
1,9
Agreement No. 2022-133
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Agreement No. 2022-133
EXHIBIT B
Exhibit B-ROW Instrument
Unit Tract:
Unit No: 0101-01-00
Filed As: T& N O RR CO'
Volume: 2099
Page: 129
Records: D
CFNo: 749365
FCNo:
Grantee: HCFCD
D_Accept: 3/23/1950
CCV01: 24
CCPage: 115
Instr_ID: 1829300
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q
\/ APPROVED AS TO FOMI
ItFIPP AND LNUADx
Q` THE STATE OF TEAS T 7�"y` 'S BY A&ILI -�-�
COUNTY OF HARRIS I KNOW ALL MEN BY THESE FRESENTSt
THAT, Texas and New Orleans Railroad Company,la cor-
poration organized and existing under and by virtue of the laws of
the State of Texas, for and in consideration of the sum of One and
no/100 Dollar ($1.00), to it in hand paid by the Harris County Flood
Control District, the receipt of which is hereby acknowledged, and
under the terms and conditions hereinafter set forth, has this day
Granted, Sold and Conveyed, and by thete presents does Grant, Sell
and Convey unto the Harris County Flood Control District, a right of
way or easement for drainage ditch purposes, upon.and across the property
of Grantor herein, in the City of Baytown, Harris County, Texas, and
being a portion of two tracts of land conveyed to Dayton Goose Creek
Railway Company by deeds recorded in Volume 525 Pages 236 and 245
of deed records of said County, more particularly described as follows, li
to-wltt
Beginning at the extreme Northerly corner of a
triangular tract of land described in Volume 525-Page
240 of the Harris County Deed Records. Said point.being.;
opposite Railroad Engineer's Station 1218+96.5.
Thence S. 280 431 E. along the Westerly line of
said triangular tract a distance of 27.39 feet to a
point for a corner. A140
Thence .
610 55` E. 61.05 feet to a point for
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a corner;
Thence S. 00 301 E. .70.70 feet to a,point on
the Westerly line of theztstangular tract;.Thence S.
280 431 E. along the vest line of said tract, a distance
of 138.31 feet to a point for a corner-
Thence N. 880 141 E. 285.76 feet to a point.for
a corner; ,!
Theme N. 590 551 E. 14.76,feet to the most
Easterly corner of the 'tp4ngular tract. Said point
✓eing opposite Railroad Enginser;!s Station 1214+63.3.
Thence N. 880 14, E.-.;along the South.line of
Grantor's property at 526 20 feet pass the westerly
dine of Pruett Street'g atY 57,9.90 feet pass the`Easterly -
line of Pruett St. In-all's total distance of 1920t401
feet. to a Southeasterly:coruer of Grantorls property;
Theme N. 559_26!. E. along the southeast,-line
of Grantor's property 46.15 feet -to a point fora"'-
corner; ,
Thence S. 880 141 Y. at 1366.68 feet pass the '
Easterly line of Pruett-St. at 1420.38 feet pass the
" westerly line of Pruett Street, in all a total distance
of 2212.18 feet to a" oint for a corner
Thence N. 610 401 W. -55.68:feet to a point for
a corner; -
Thence N. 280 431 W. 66.89 feet to a point for
P a corner;
PJ
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Thence N. 0" 30' W. 95.48 feet to a point in
the North line of Grantor's property opposite Rail-
road Engineer's Station 1217+99.
Thence S. 89^ 30' W. along the north line of
Grantor's property a distance of 38.50 feet to a point
in the northeasterly line of the above mentioned
triangular tract. Said point being located opposite Rail-
road Engineer's Station 1218+37.5.
Thence N. 610 55, W. 66.12 feet to the point
of beginning.
The Harris County Flood Control District, by the acceptance
of this deed, agrees to clean out and grade the presently existing drain-
age ditch on said tract of land. Ditch to have bottom width of 6 feet
with 1} to 1 side slopes and bottom grade at elevation of existing drain-
age structures. All material excavated for said ditch shall be spread
evenly over Grantor's adjoining property or removed entirely at
Grantor's option.
This easement is made subject to the rights of Grantor's
tenants now occupying the herein described property, and Harris County
Flood Control District will make its own arrangements with owners of
pole lines, pipe lines, roads and other improvements belonging to
parties other than the Grantor, which may be located on the property of
Grantor in the vicinity of the herein described easement, for changes
in said pole lines, pipe lines, roads or other improvements, necessary
in order that the work herein contemplated may be accomplished.
Said drainage ditch as improved shall be maintained by said
District at its entire expense, and Grantor hereby grants to said Dis-
trict the right and permission to enter upon its property for the pur-
pose of maintaining said ditch. All work upon, or in connection with
said ditch shall be done at such times and in such manner as not to
interfere in any way whatsoever with the operations of the Grantor, and
to the satisfaction of Grantor.
If and whenever work of any kind or character is to be per-
formed or done on said ditch by a Contractor, Grantor hereby reserves
the right to require the said Contractor to enter into a written agree-
went with Grantor, satisfactory to it, and to require the Contractor
performing the work to give an indemnity bond in favor of Grantor in
such amount as Grantor shall specify before permitting any of said
work to be done upon the premises herainbefore specified.
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Agreement No. 2022-133
No legal right of Grantor to maintain and operate its
existing tracks and appurtenances, and to construct, maintain and
operate a . additional railroad track or tracks and appurtenances upon
and across said tract of laud shall be in anywise affected by the
granting of this easement.
In event the said drainage ditch should ever be vacated,
closed or abandoned, upon and across said tract of land, the said
right of way or easement shall revert to and revert in Grantor, its
successors and assigns.
TO HAVE AND TO BOLD the above described easement
together with all and singular the rights and appurtenances thereto
in anywise belonging unto the Barris County Flood Control District, its
successors and assigns forever, subject to the conditions hereof.
This easement is made without any warranty whatsoever either expressed
i or implied.
This easement supersedes and cancels. that certain
agreement between Grantor and City of Pally dated April 12th, 1933. I
IN WITNESS WHEREOF, the Texas and Now Orleans Railroad
Company has caused these presents to be edecuted in duplicate, by its
V ca /op C 5/WO./1/ , attested by its Secretary and its
corporate seal to be hereunto affixed, on this the Z* day of
/p f
Uzr A. D. s}w^f.
TEXAS AND NEW ORLEANS AAILROAD COMPANY
By
6q tfary�� Vice Presideert-.
- APRRA 0 FORMS t RECOMMEND
General Counsel A neral Manager
ChIeT E near.
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Agreement No. 2022-133
THE STATE OF TEXAS I
I
COUNTY OF HARRIS I
BEFORE ME, G.a.Ole" r
a Notary Public, in and 1for/Harris County, Texas, on this day
personally appeared /T. Y✓'118/•OES , Vee Pies idol f'
of Texas and New Orleans Railroad Company, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknow-
ledged to me that he executed the same in the capacity and for the
purposes and considerations therein stated, and as the act and deed
of the Texas and New Orleans Railroad Company.
GIVEN under my hand and seal of office, this the
day of �i'
/L D. 19-ro
A. �
0pliY7j'
��•' .'•'Grp`: ARY PUB C, MY county,
Texas.
f.
-i1
STATE OF TEXASR
COUNTY OF HARIS
I,YI.D.MILLER.CLERK COUNTY COUNT of HARRIS COUNTY,T01A$
tla hereby certify that the abwe and laegol^8 Instrument with ila
n 1,my offico
certificate of authentication was fired ,or reo'dltxkt'a and dull
�' 19 cord
o at tGr- or said
ryN.ld
retards a ��e/lor sold County.
'�1+�-�t�'7 Page Laf of ace If of at Houston, the
vo WITNESS my hand and seal of office,
day and date fast above written. Y! D. MILLER,
Cle ou ty Cof arras County.Texas.
putt.
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Agreement No. 2022-133
� COYNfY RWRORb IORY 11e1� �" , t
MARRIe COIIRfY.T(R1e .•e1 lea {( i
Data-xas "a § 194
H.'L.Washburn - . -- �- --' •- .—" '— .:�,
County Auditor : , i �.i .. ?.�
Building - e
Dear Sir:
We hand you berewith right of way deeds as follows: a _
A k
.. r:A
a. . ti�tt t
of by whom doneDen easuv_X26z"
' (atr&e oat either first or second eve)
AcxaaBP Mating) _ 5.0 Be
DeseriPtion of
Hallway Cogs Lv deada reob dad f yal y2.� �Hgea2j � of ttl Q.:.•t ,y.'?
Drainage Area System
r•th11— ccount Number
"'"`Cash Purchase Price $
Damages,Et Cetera,Allowed(This is to show extra consideration paid landowner,such as allowance for`•,,.i L-
movirijfences,buildings;eteJ Sony -
Estimated Value (Wheie property is donated) $ 500e00 �'3 '>3`'
Extra Considerstioiis'(Items paid direct .y Harris County Flood Control,such as moving fences,;build;'
1 mga etc) Identify such items with the particular right of way being purchased ordonated 4
RIGHT OFWAYr_DIVISION
HARRIS COUNTY FLOOD CONTROL -
Flood.Coataol'
_ .Entarad +
� .Date
- fit,' , . ♦� .
_ Hoowteaper-
iNSTRUCNONS:Mi,form Is to accompany sn Right of Way Deeds on Iand purchased by or donated to ffarila'Osunty. +.
An deeds tits[pass through Audltoes office before being recorded,at whirl)time this sheet win he detached and retained
by the Auditor.A separate sheet must be fined m for each dead.After an entries have been made,this sheet is to be Ned
Iv the contract Hie. ,
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Agreement No. 2022-133
EXHIBIT C
Exhibit C-ROW Instrument for 0101-01-03
Unit Tract:
Unit No: 0101-01-03
Filed As: GOOSE CREEK ISD'
Volume: 2125
Page: 569
Records: D
CFNo: 767290
FCNo:
Grantee: HCFCD
D_Accept: 5/4/1950
CCV01: 24
CCPage: 287
Instr_ID: 1829500
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Agreement No.2022-133
767290 lm
j THE STATE OF TEXAS 1 ,I 1169 APPRovt:.O As TO soya:
COUNTY OF HARRIS 1 1�L1 KNIPP AND BROADY
By 1&aail
GOOSE CREEK IF'DEFS.R•7DII7T SCHOOL DL91YtICT
i hereinafter called"Grantor'whether one or more,In consideration of the obtaining by the Harris
I County Flood Control District of other right-of-ways and easements over,across and alongg the Ind of
other parsons,firma and corporations lying above and below the land hereinafter desen'bad. for the
same purposes for which this grant is made,and in consideration of the making of surveys and the ex.
pendituresof money in designing a drainage system,of which the unit herein described is a part,known
as Harris County Flood Control Unit 0 101-01-03 ,
and for the cooperative purpose of carrying out plans for better drainage, has given, granted and con.
veyed,and by Ileac presents does give,grant And convey unto the Bald Harris County Flood Control
District,its successors and assigns,an easement over, along and across land owned by the grantor in
Harris County,Texas,described as follows:
A tract of lend, 20 feet in width, situated in the County of Ferris, State of
Texas, being pert of the HARVEY WHITING SDRYEY, Abstract -a. 840, and also being
part of the Goose Creek Independent School District 4.04 acre tract as recorded
in Vol. 1007. at Page 592 end the 2.319 acre tract as recorded in Vol. 753 at
Page 15 of the Deed Records of Harris Gamey, Texas, cod being more Particularly
described as follows:
Begi wing at the Northeast corner of said 4.04 acre tract;
Thence, along the Easterly line of said 4.04 acre tract and the 2.319 acre
tract as follows:
South 170 151 East, 486.00 feet to a :Dint; l7��.
South 230 111 Fast, 123.00 teat to a noiat; '05bj�
South 307.11 feet to the Southeast corner of said 2.319 acre tract;
Thence, South 890 221 West, 20.00 feet to a point;
Thence, parallel to and 20 feet Westerly of nsid Easterly line, as follows:
North, 303.23 feet co a point;
Worth 230 111 West, 119.94 feet to a point;
North 170 151 West, 493,25 feet to a point on the Northerly line of said 4.04
acre tract;
Thence, East, 20.94 feat along said Northerly line to the Point of beginning,
containing OAR acres, more or less.
To have and to hold the above described comment and right-of-way, together with all and singular the
rights and appurtenances thereunto in any wise belonging,including the right of ingress,egress and re-
gress over Nothing lands of the Grantor,unto the said Harris County Flood Control District,its Success.
are and assigns forever.
This easement is granted for the purpose of making and constructing drainage improvements and
works designed by the Grantee for the purpose of controlling the flow of surface and flood waters,antl
to afford better drainage,not only to the land owned by the Ccenter,but to other adjoining lands,it being
understood that all work shall be designed by the Grantee and subject to its control. The Grantee may
cut such trees,brush and other natural growth along the easement conveyed as Is necessary for the
operation of equipment in the work.The excavated sod may be deposited outside of the above described
casement at a height not exceeding 4 feet above the natural surrounding land.Openings are to be
provided in the soil so deposited at intervals of not more than 200 feet
H existing fences are disturbed by construction or maintenance on the part of the Grantee.-the Gran-
tee will bear all coats of replacing or re-establishing the fences in the same or a better condition In which
they were prior to the bpera6Pps of the Grantee.
Grantor reserves ell oil,gas and other minerals In,on or under the above described property.
Witness,our hand this loth day of ip'll
By eg en
�C' �O
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Agreement No. 2022-133
Signature witnessed by: Grantor
Address
i
Addres
THE STATE OF TEXAS
COUNTY OF
Before me,the undersigned authority,on this day personally appeared Theo Rilbuta.re>tb5o:`:c•
of Trustees, ,::'rc jvvt .
A. R. Stark, Free. and Sec. Board / known to me to be the personswlioea.'ifirae.
scribed to the foregoing instrument and acknowledged to me that he executed the ehk/ fo Olfe:ppM`'"'
poses and wnsidetatlon herein expressed.and in he capacity therein etiti -'.:y�> .tc.
Given under my hand and seal of office,et Baytown ,this 1 ay
Notar ublic in and for o..., - _
Ml Lommauan E.P,ef June 1, 1951 Harris
CouatY.''1F'
y.
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, In and for said County and State, on this day personally
appeared known to me to be the persona
whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed
the same for the purposes and consideration therein expressed.And the said ,
wife of the said lutrinv.
THE STATE OF TEXAS 1 11 W.D.MILLER,Clerk of the County Court of Harris County,Texas,do
County o!Hnrrl9 J
hereby certify that the within instrument with its certificate of authentication was filed for registration
0 9 15 a'clock........._.......Id., and duly recorded
in my office._....... ._.......__July._19... ....., 18..._50 et..... ..._. ..
on_................__.._Aug..al.......-......_. 19p.........at_11:16 O'clock.._.._A-.__...,..:....,in Vol.91?5.. .. ...
Page...... record of...................Deeds............. .... ..................................for aatd County.
WITNESS my hand and seal of office,at Houston,the day and date last above written.
W.D.MILLER
Ey.... puty
iea r.w
b-,
tD m E \-,
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Agreement No. 2022-133
coYlm PgorteP's'roPu
PPPP�,COYMY..TOP,..4N.IOY
Date April 24, 4.Q56
H.L.Wasbburn ;.�"_r.'
County Andittir;-
Building
Dear Sir r _
We hand you bere11with right of way deeds as follows:
or by whom donated ()ogee Creek 'Independent Sohool Dletrlot
(Strike but either first or eeeood line) ' .. . . .
Aereag 0 42_E gtusl)'k 0 42-(Caetin�
:Description of Property Beitlrf a traot'ot land 20t in width, beidR part of HARVEY.
11HITINIl:'9DRV$Y'?A_'B40 , 'and a part'ot s k.04 aore traet'as reoorded .in
•Vol., 1o0� 'yPa6e"582 'and a 2.914 -aore train Jn'Vol: 53.1 Page 15'ot='the '
Deed Reoorde of rrio County,- wexas.
Drainage AreaSysteni'�oae Greek"DPAinii¢e^A'reLY. ' eccountNumber 0-101=iO 0.3
Cash Purchase Price $ -
�,.
Damages;+Rt Cetera;-Allowed.(This is to,show extra consideration paid land-owner,such as allowance for
. ,moving fences,buildings,etc:) HoIIe'
Estimated Value (Where property Is donated) $ 420.00
. Extra Coma rations,(Items paid direct by Harris Codnty Flood Control,such as moving fences,build.
• inga,etc.)=Identif such items with the particular right of way being ` -Aons—
y g purchased or donated
b
r"3 Very'truly yours
�•?^<'"7 r RIGHT-OF WAY DIVISION,
HARRIS COUNTY FLOOD CONTROL
' - lood Control-Cngineer' "'
..Entered_'-
J. E
. .Bookkeeper .. - ..
INSTRUCfIONa:Tina Corm is to accompany an Right of Way Deeds on land purchased by or donated to Haile.(aunty.-
All deeds moat pans through Auditor's office before being reconded,at which time this sheet win be detached and�mtelned
by the Auditor.A separate abeet meat be tilled in for each deed.After all ebtyles have been made,thle sheet to to be feed
In the contract Hle.
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Agreement No. 2022-133
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the Harris County Administration Building in the City of Houston, Texas, on
, with the following members present, to-wit:
Lina Hidalgo County Judge
Rodney Ellis Commissioner, Precinct No. 1
Adrian Garcia Commissioner, Precinct No. 2
Tom S. Ramsey, P.E. Commissioner, Precinct No. 3
R. Jack Cagle Commissioner, Precinct No. 4
i
and the following members absent, to-wit:
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN
THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND CITY OF BAYTOWN
Commissioner introduced an order and made a
motion that the same be adopted. Commissioner seconded the
motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed
by the following vote:
Yes No Abstain
AYES: Judge Lina Hidalgo ❑ ❑ ❑
NAYS: Comm. Rodney Ellis ❑ ❑ ❑
ABSTENTIONS: Comm. Adrian Garcia ❑ ❑ ❑
Comm. Tom S. Ramsey, P.E. ❑ ❑ ❑
Comm. R. Jack Cagle ❑ ❑ ❑
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and lawfully adopted. The order thus adopted follows:
WHEREAS, the District and City previously entered into an Interlocal Agreement ("the
Agreement'), dated March 24, 2020 (Agreement No. 2020-133), for the demolition and
reconstruction of the South Main storm sewer system from West Texas Avenue to East Republic
Street in the Goose Creek and Cedar Bayou Watersheds for the use and benefit of the public,
and to facilitate the District's needs for maintenance of District infrastructure; and
WHEREAS, the District will transfer the District drainage easements along HCFCD Unit
0101-01-00 from South Main to Lee Road and the entire HCFCD Unit 0101-01-03 drainage
easement as shown on the map attached in Exhibit A to the City; and
WHEREAS, the City will own and maintain these easements, and the City-constructed
project as outlined in Agreement No. 2020-133.
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Agreement No. 2022-133
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: Exemption from the County Purchasing Act under Texas Local
Government Code §262.024(a)(4) is hereby granted.
Section 3: County Judge Lina Hidalgo is hereby authorized to execute for and on
behalf of the Harris County Flood Control District, an Amendment to an
Interlocal Agreement between the Harris County Flood Control District and
the City of Baytown, said Amendment to Agreement being incorporated
herein by reference for all purposes as though fully set forth verbatim
herein.
sp City of Baytown 0101-01-00 2020-133 amend.docx