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Ordinance No. 12,821 ORDINANCE NO. 12,821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT CONCERNING THE DETENTION POND LOCATED BEHIND THE ANIMAL CONTROL FACILITY LOCATED AT 705 N. ROBERT LANIER, 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 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Acting City Manager to execute and the City Clerk to attest to an Amendment to the Interlocal Agreement with Harris County Flood Control District concerning the detention pond located behind the animal control facility located at 705 N. Robert Lanier, Baytown, Harris County, Texas. 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 and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative v of the City Council of the City of Baytown this the 26th day of March,2015. _X ST HEN H.DONCARLOS,Mayor ZCI T:A BRYSCH,City k APPROVED AS TO FORM: NACIO RAMIREZ, SR.,City orney RftKaredTiles'City Counc&0rdinances\2015Warch 26\AuthorizeAmendmentwithHCFCD4DetentionPondExpansion.doc Exhibit "A" AMENDMENT TO INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § THIS AMENDMENT TO AN INTERLOCAL 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 referred to as the"District"or"HCFCD,"and the City of Baytown, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the 96csty. " WITNESSETH, that WHEREAS, the District and the City previously entered into an Interlocal Agreement, executed on October 24,2000,hereinafter referred to as the"Original Agreement,"to construct and maintain,or cause to be constructed and maintained,an 8-acre retention basin on a 46.399-acre tract located at State Highway 146 and Goose Creek, hereinafter referred to as the "Project'; and WHEREAS, paragraph VII of the Original Agreement stipulates any alterations to the Project must have written consent of the Harris County Commissioners Court; and WHEREAS, the District and the City desire to amend the Original Agreement to allow the City to expand the basin by 1.4 acres, resulting in a 9.4-acre detention basin, herein referred to as the "Expanded Project"; and WHEREAS, the City has prepared a new map or layout of the proposed 9.4-acre detention basin, which has been reviewed and approved by the District personnel and is shown in Exhibit"B,"which is attached hereto for descriptive purposes only,and Exhibit"A"illustrates the existing 8-acre basin; and NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: Any references to the facility as a retention basin are hereby amended to be detention basin. Paragraph V. of the Original Agreement is hereby amended to read: The City hereby grants to the District and its successors, assigns, officers, employees, agents and contractors the right to use the Premises to construct the Project and to repair the entire completed 9.4 acre facility to meet District standards for flood control for as long as the facility is used as a detention basin. The District agrees to allow the City to alter the Project by constructing the Expanded Project, at its own cost and in compliance with the plans approved by the District. The District has no obligation to pay for the costs associated with the Expanded Project. After completion of the Expanded Project facilities,the District shall undertake repairs of the entire 9.4 acre facility to meet District standards for flood control for as long as it is used as a detention basin. The City shall assume full ownership and responsibility for the entire 9.4 acre facility and perform all other maintenance aspects of the facility to the same extent and in the same manner as for other like facilities of the City. All other terms and provisions of the Original Agreement shall remain in full force and effect as originally written. EXECUTED in triplicate originals APPROVED AS TO FORM: VINCE RYAN HARRIS COUNTY FLOOD CONTROL Harris County Attorney DISTRICT By: By: MITZI TU ER U ED EMMETT Assistant County Attorney County Judge CITY OF BAYTOW N ATTEST: By: By: RON BOTTOMS Name: Acting City Manager Title: Exhibit "A" K"M-l;e.r­.In)FWl J.41 R (pa"Olfi 1I 10 1 VO A/ ou to 3c I voul • r _; 'VWM)M tJ:-)jkV8 X)All" . nul fs; ol .......... \1 NS Exhibit "B" .NOil \� j 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: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Jack Morman Commissioner, Precinct No. 2 Steve Radack 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 AN INTERLOCAL AGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF BAYTOWN HCFCD UNIT 0500-01-00; KEY MAP 501-P,T; PRECINCT 2 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 Judge Ed Emmett ❑ ❑ ❑ AYES: Comm. El Franco Lee ❑ ❑ ❑ NAYS: Comm. Jack Morman ❑ ❑ ❑ ABSTENTIONS: Comm. Steve Radack ❑ ❑ ❑ 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 the City previously entered into an Interlocal Agreement, executed on October 24,2000,hereinafter referred to as the"Original Agreement,"to construct and maintain, or cause to be constructed and maintained, an 8-acre retention basin on a 46.399-acre tract located at State Highway 146 and Goose Creek, hereinafter referred to as the"Project"; and WHEREAS,paragraph VII of the Original Agreement stipulates any alterations to the Project must have written consent of the Harris County Commissioners Court; and WHEREAS, the District and the City desire to amend the Original Agreement to allow the City to expand the basin by 1.4 acres, resulting in a 9.4-acre detention basin, herein referred to as the"Expanded Project"; and WHEREAS,the City has prepared a new map or layout of the proposed 9.4-acre detention basin,which has been reviewed and approved by the District personnel and is shown in Exhibit"B," which is attached hereto for descriptive purposes only,and Exhibit"A"illustrates the existing 8-acre basin; and 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: County Judge Ed Emmett is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Amendment to an Interlocal Agreement by and between the Harris County Flood Control District and the City of Baytown,said Amendment being incorporated herein by reference for all purposes as though fully set forth verbatim herein.