Ordinance No. 12,773ORDINANCE NO. 12,773
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR
THE ACQUISITION OF CERTAIN PROPERTIES FOR THE SAN JACINTO
BOULEVARD EXTENSION PROJECT; AUTHORIZING PAYMENT TO HARRIS
COUNTY IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND
NO /100 DOLLARS ($500,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; 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 the City
Manager to execute an interlocal agreement with Harris County for the acquisition of certain properties
for the San Jacinto Boulevard Extension Project. A copy of said agreement is attached hereto as Exhibit
"A," and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Harris
County in an amount not to exceed FIVE HUNDRED THOUSAND AND NO /100 DOLLARS
($500,000.00) in accordance with the agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NOI100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent
(25%).
Section 4: This ordinance shall take effect immediately and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative }dot of the City Council of the City of
Baytown this the 22nd day of January, 2015. /f
DONCARLOS, Mayor
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ETICIA BRYSCH, City CUrk J �•:
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APPROVED AS TO FORM:- f,�S.•..NO••��,y�'
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eWNACIO RAMIREZ, SR., C' y Attorney
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Exhibit "A"
INTERLOCAL AGREEMENT
(Transportation Right of Way Acquisition Administration)
This Agreement is made and entered into by and between Harris County, a body
corporate and politic under the laws of the State of Texas, hereinafter called "County," and
the City of Baytown, a home -rule city under the laws of the State of Texas, hereinafter called
"city."
RECITALS:
1. It is to the mutual interest of the County and the City to acquire right -of -way and/or
additional right -of -way, hereinafter referred to as the "Road ROW ", as necessary to complete
acquisition of a right -of -way for future construction of roadway and drainage improvements for San
Jacinto Boulevard from 200 linear feet south of Eastbound Interstate Highway 10 to 550 linear feet
south of existing West Cedar Bayou - Lynchburg Road along Bush Road, as more particularly
depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and
purposes.
2. The County is willing, at no cost to the City, (i) to provide the services of its own right -of-
way division necessary to accomplish the acquisition of right -of -way from Archer Road to 550
linear feet south of existing West Cedar Bayou - Lynchburg Road along Bush Road, as more
particularly depicted in Exhibit "A," for the future construction of San Jacinto Boulevard,
hereinafter referred to as "Road ROW South."
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements
and benefits to the parties herein named, it is agreed as follows:
I.
Within sixty (60) days after execution of this Agreement, the City shall at no cost to
the County provide, or cause to be provided, documents, signed and sealed by a registered
public licensed surveyor, consisting of alignment drawings and individual metes and bounds
descriptions for the Road ROW South. The County Engineer shall review such documents and
return comments to the City within fifteen (15) days and the City shall address such
comments and resubmit to the County as necessary within fifteen (15) days.
H.
The City shall be responsible for the costs associated with survey and metes and bounds
descriptions of the Road ROW South properties. Additionally, the City shall be responsible for
all costs incurred by the County relative to acquisition of the Road ROW South properties,
including but not limited to the sales price, appraisals, damages, and special commission fees
of the same, up to a maximum amount of FIVE HUNDRED THOUSAND AND NO /100
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DOLLARS ($500,000.00), unless otherwise agreed in writing.
Upon execution of this Agreement, the County will invoice the City for $500,000.00,
and the City shall remit its payment in such amount, to the County within thirty (30) days of its
receipt of an invoice therefor. If at any time before or during the acquisition of the Road ROW
South, it is determined that FIVE HUNDRED THOUSAND AND NO 1100 DOLLARS
($500,000.00) is insufficient to cover the costs incurred or to be incurred by the County for the
Road ROW South, the City may:
(a) provide such additional funding as necessary to cover the entire amount of the
additional costs, whereby the acquisitions will continue upon receipt of the
additional funding; or .
(b) choose not to provide such additional funding, whereby this Agreement will
terminate upon written notice from the City, and the City shall pay for all
expenses of the County incurred up to the date of termination, less any previous
payments made by the City to the County under this Agreement.
All payments made by the City pursuant to this Agreement shall be made out of the
City's current revenues.
Within thirty (30) days after the receipt of the metes and bounds descriptions from
the City, the County shall prepare or cause to be prepared the documents necessary to acquire
the Road ROW South. Upon receipt of the City's payment in accordance with Section II
above, the County shall begin acquisition of the Road ROW South properties, and acquire
such Properties as expediently as reasonably practicable. Such properties shall be acquired in
the City's name by donation, purchase, or exercise of eminent domain, in accordance with the
County's usual procedures for such acquisitions. If property must be acquired in the County's
name, the County shall convey such property to the City at no additional cost after it has been
acquired.
The County upon request shall update the City regarding the status of the property
acquisitions.
IV.
The County may terminate this Agreement, without cause by providing to the City a
notice of such termination at any time prior to the acquisition of any Road ROW South under
this Agreement. The City may terminate this Agreement without cause, at any time prior to
the acquisition of any Road ROW South under this Agreement by giving notice to the
County, in which case the City shall pay for all expenses of the County incurred or committed
up to the date of termination, less any previous payments made by the City to the County under
this Agreement.
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V.
Upon completion of the acquisition of the Road ROW, the City shall, at is sole cost and
expense commence preliminary design of San Jacinto Boulevard.
Upon completion of the acquisition of the Road ROW South, or upon termination in
accordance with Section III or IV above, the County shall perform, or cause to be performed, a
final accounting. If the amounts paid by the City to the County hereunder are less than the
actual costs incurred by the County in regards to the acquisition of the Road ROW South, the
City shall promptly pay over the deficiency to the County within 45 days of notification, subject
to the City Funding Limit set forth in Section II above. Otherwise, if the amounts paid by the
City to the County hereunder exceed the actual costs incurred by the County in regards to the
acquisition of the Road ROW South, the County shall promptly pay over the amount of such
excess to the City within 45 days of completion of acquisition of the Road ROW South.
VI.
The City and its authorized representatives shall have the right to review and audit all
books, records, vouchers and documents of whatever nature related to the County's
performance under this Agreement during the period of performance of this Agreement and for
three (3) years thereafter.
VII.
All notices and communications for the City shall be mailed or delivered to, the
following address, until changed as herein provided:
City of Baytown
2401 Market Street
Baytown, Texas 77520 -0424
Attention: City Manager
All notices and communications for the County shall be mailed to, the following address, until
changed as herein provided:
Harris County
Public Infrastructure Department
Architecture and Engineering Division
1001 Preston Avenue, 7th Floor
Houston, Texas 77002
Attention: Interagency Agreement Coordinator
Each party shall have the right from time to time and at any time to change its respective
address and each shall have the right to specify as its address any other address in the State of
Texas by giving at least fifteen (15) days written notice of such change to the other party.
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VIII.
This Agreement and the obligations of the parties hereto are subject to all other
applicable rules, regulations and laws of the United States and the State of Texas.
This instrument contains the entire agreement between the parties relating to the
rights herein granted and obligations herein assumed. Any modifications concerning this
instrument shall be of no force and effect excepting a subsequent modification in writing,
signed by all parties hereto.
KA
Obligations under this agreement shall be satisfied from current funds available to
the parties.
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IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each
having equal force and effect of an original, has been executed on behalf of the parties hereto
as follows, to -wit:
a. It has on the day of 2015, been
executed on behalf of the County by the County Judge of Harris
County, Texas, pursuant to an order of the Commissioners Court of
Harris County authorizing such execution.
b. It has on the day of 2015, been
executed on behalf of the City by its City Manager and attested by its
City Clerk, pursuant to ordinance of the City Council of the City of
Baytown authorizing such execution.
APPROVED AS TO FORM:
VINCE RYAN
County Attorney
Digitally signed by Clyde R.
Leuchtag
DN: cn--Clyde R Leuchtag, o, a%
emall=cyde@leuchtag,com, c =US
By Date, 201 SA1.I S 09:0930 -06W
Clyde Leuchtag
Assistant County Attorney
CA File No. 15GEN0045
ATTEST:
0
LETICIA BRYSCH
City Clerk
LIM
I :El"I "IKwelIt ill YIry
ED EMMETT
County Judge
CITY OF BAYTOWN
By
ROBERT D. LEIPER
City Manager
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ORDER OF COMMISSIONERS COURT
The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the
Harris County Administration Building in the City of Houston, Texas, on
with all members present except
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE
CITY OF BAYTOWN TO ACQUIRE RIGHT- OF-WAY AND /OR ADDITIONAL RIGHT -O &WAY, AS
NECESSARY TO COMPLETE ACQUISITION OF A RIGHT -OF -WAY FOR FUTURE
CONSTRUCTION OF ROADWAY AND DRAINAGE IMPROVEMENTS FOR SAN JACINTO
BOULEVARD FROM 200 LINEAR FEET SOUTH OF EASTBOUND INTERSTATE HIGHWAY 10 TO
550 LINEAR FEET SOUTH OF EXISTING WEST CEDAR BAYOU- LYNCHBURG ROAD ALONG
BUSH ROAD, PRECINCT 2
Commissioner introduced an order and moved that Commissioners Court
adopt the order. 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
Judge Ed Emmett
0
0
❑
Comm. El Franco Lee
0
0
0
Comm. Jack Morman
D
❑
❑
Comm. Steve Radack
0
❑
0
Comm. R. Jack Cagle
❑
0
❑
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:
IT IS ORDERED THAT:
1. The Harris County Judge is authorized to execute on behalf of Harris County the attached Interlocal
Agreement between Harris County and the City of Baytown to acquire right -of -way and/or additional right -
of-way, as necessary to complete acquisition of a right -of -way for future construction of roadway and
drainage improvements for San Jacinto Boulevard from 200 linear feet south of Eastbound Interstate
Highway 10 to 550 linear feet south of existing West Cedar Bayou - Lynchburg Road along Bush Road,
Precinct 2.
2. All Hams County officials and employees are authorized to do any and all things necessary or
convenient to accomplish the purposes of this order.
Exhibit "A"
Legend
AGENCY
aim Fall ��
Road ROW South Harris County
cm� Road ROW North City of Baytown