Ordinance No. 13,964ORDINANCE NO. 13,964
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 AN INTERLOCAL AGREEMENT WITH THE
HARRIS COUNTY FLOOD CONTROL DISTRICT CONCERNING THE
MAINTENANCE OF THE 40 -FOOT BRIDGE LOCATED APPROXIMATELY 228
FEET UPSTREAM OF SOUTH CIVIC DRIVE, HARRIS COUNTY, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 an Interlocal Agreement with the Harris
County Flood Control District concerning the maintenance of the 40 -foot bridge located approximately
228 feet upstream of South Civic Drive, Harris County, Texas. A copy of the agreement 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 affirmative vote of the City Council of the City of
Baytown this the 13`h day of December, 2018.
APPROVED AS TO FORM:
r.
ACIO RAMIREZ, SR., i Attorney
BRANDON CAPETILLO, ayor
'•.COBFSO11Legal\KaremFiles,City Council'Ordinances\2018,December 13u1uthorizeAgreementwithHCFCD.doc
Exhibit "A" AGREEMENT NO.1260
BRIDGE AGREEMENT
(Easement Only)
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT is made and entered into by and between the Harris County Flood
Control District, a body corporate and politic under the laws of the State of Texas, hereinafter
called the "District" or "HCFCD," and City of Baytown, a home rule municipal corporation
situated principally in Harris County, Texas, hereafter referred to as "ENTITY."
RECITALS:
WITNESSETH, that
WHEREAS, ENTITY has constructed a Bridge across HCFCD Unit 0122-00-00 approximately
228 feet upstream from south Civic Drive and approximately 40 feet in length, hereinafter called
the "Bridge"; and
WHEREAS, ENTITY desires to maintain or cause to be maintained the Bridge with related
appurtenances; and
WHEREAS, the District has no objection to ENTITY using the property in which the District
owns an easement (hereinafter the "Property") for the purposes stated herein, subject to the
conditions hereinafter provided; and
WHEREAS, the parties recognize that flood control and drainage is the paramount public
purpose of the HCFCD Units along which the Bridge is or will be constructed and maintained by
ENTITY; and
WHEREAS, HCFCD has prepared a map/layout of the alignment of the Bridge, which has been
reviewed and approved by the ENTITY personnel and is shown in Exhibit "A" attached to this
Agreement for descriptive purposes only.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both
parties, it is agreed as follows:
TERMS:
Maintenance and Repair
ENTITY shall own and maintain Bridge in good repair and in safe condition. ENTITY is
responsible for warning of and making safe a dangerous Bridge condition for the protection of
the public. ENTITY shall barricade or cause to be secured sites at the Bridge that pose a threat
to public safety, including but not limited to, sinkholes, failures of retaining walls, slope failures,
erosion, and hazards until ENTITY can correct the dangerous condition.
AGREEMENT NO.1260
ENTITY acknowledges that the Bridge or associated appurtenances could adversely affect the
condition of the Property's flood control features. Therefore, in the event the District's Executive
Director (the "Director"), in his sole and reasonable discretion, determines that the Bridge or one
or more of its improvements or appurtenances has damaged or destroyed a flood control
feature of the Property, then the damage or destruction to the flood control feature caused by
the Bridge or one or more of its improvements or appurtenances, as determined by the Director,
in his sole and reasonable discretion, shall be promptly repaired or replaced by ENTITY to the
satisfaction of the Director. However, in lieu of said repair or replacement, ENTITY may, if
approved by the Director, pay or caused to be paid to the District money in an amount deemed
sufficient by the Director, in his sole and reasonable discretion, to compensate for the loss
sustained by the District as a result of damages or destruction to said flood control features.
ENTITY shall perform its obligations as specified herein regardless of who or what necessitated
the repairs or replacement and without the aid or assistance of the District.
In addition, the Director may remove at ENTITY's cost, or demand immediate removal of, the
Bridge or appurtenances that the Director, in his sole and reasonable discretion, determines to
have damaged a flood control feature or channel integrity or which may block access or make
access more difficult to HCFCD's desired use of the Property.
Debris, tree limbs, and silt shall be removed from the Bridge and related amenities and
appurtenances within two (2) weeks of water receding from minor and major flood events.
ENTITY will not undertake any repair or alteration to the Bridge, or any existing improvements
thereto, or begin any construction anywhere on the Property without first securing the written
approval of the Director of the Plans and Specifications for the same. All Plans and
Specifications required for any construction, repair or alteration undertaken by ENTITY pursuant
to this Agreement must comply with HCFCD's Policy, Criteria and Procedure Manual (PCPM),
as updated from time to time. Approval by HCFCD of ENTITY'S Plans and Specifications does
not relieve ENTITY of the responsibility to ensure that the Bridge and appurtenances do not
adversely affect a flood control feature on the channel or block access or make access more
difficult to HCFCD's desired use of the Property.
The District's Rights Paramount
The District has advised ENTITY and ENTITY is aware that the Property was acquired for flood
control and drainage purposes. The District presently uses portions of the Property upon which
the Bridge is constructed for maintenance of the HCFCD Units and the District contemplates
future use of the Property for widening of the drainage facility and for other flood control and
drainage improvements as the need for the same may arise and funds may be available. The
District hereby expressly reserves to itself, its officers, employees, agents, and contractors, the
right to enter upon said Property at any time for any purpose necessary or convenient in
connection with drainage and flood control work, to flood said Property, and to make such other
use of said Property as may be necessary or desirable in connection with drainage and flood
control, and ENTITY shall have no claim for damages of any character on account thereof
against the District, or any officer, employee, agent, or contractor thereof. The District shall
have no responsibility to replace or repair any portion of the Bridge or its appurtenances that is
damaged in the course of such flood control activities. The District further reserves the right to
remove the Bridge from time to time as the Director determines necessary or convenient to
accommodate channel improvements or for access purposes without compensation therefor,
and further, to not permit ENTITY to rebuild same. The Director may determine, in his sole and
AGREEMENT NO.1260
reasonable discretion, that closure of the Bridge is necessary to ensure the safety of the public
for the duration of District activities.
Notices
All notices shall be given to the District by registered or certified mail, postage prepaid, return
receipt requested, addressed to Harris County Flood Control District, Attention: Executive
Director, 9900 Northwest Freeway, Houston, Texas 77092, or to such other address as the
District may designate in writing from time to time. All notices shall be given to ENTITY by
registered or certified mail, postage prepaid, return receipt requested, addressed to City of
Baytown, Attention: Scott Johnson, Baytown, Texas 77520. Each notice shall be considered
exercised and completed upon deposit of the notice in the United States mail as aforesaid.
No Allocation of Funds
It is expressly understood and agreed by the parties, such understanding and agreement being
of the essence to this Agreement, that the District has not and shall not be obligated to
appropriate funds to fulfill any obligation created by the terms of this Agreement.
Entire Agreement
This instrument merges the prior negotiations and understandings of the parties and contains
the entire agreement between the parties relating to the rights herein granted and the
obligations herein assumed. No other agreements, assurances, conditions, covenants (express
or implied), or other terms of any kind exist between the parties regarding this Agreement. Any
modifications concerning this instrument shall be of no force and effect excepting a subsequent
modification in writing, signed by all parties hereto.
In the event that any of the provisions contained in this Agreement shall be held unenforceable
in any respect, such unenforceability shall not affect any other provisions of this Agreement and,
to that end, all provisions, covenants, agreements or portions of this Agreement are declared to
be severable.
Term
This Agreement shall extend for a term of twenty-five (25) years commencing on the date of its
execution; however, it shall continue thereafter on a year to year basis, unless earlier terminated
as provided hereunder. Any party hereto may terminate this Agreement prior to the expiration of
said term(s), without cause, upon thirty (30) days prior written notice to the other parties hereto.
If the Agreement is terminated, the Director will remove, at ENTITY'S cost, or demand
immediate removal of, the Bridge and appurtenances.
AGREEMENT NO,1260
Titles and Provisions
Titles are for convenient reference only and shall not be used to interpret or limit the meaning of
any provision of this Agreement. The use of the neuter, male, or female singular pronoun to
refer to the District or ENTITY shall be deemed a proper reference, even though the District or
ENTITY may be a male individual, a female individual, a partnership, a corporation, a limited
liability company. governmental entity, or any other entity or group of two or more individuals or
entities.
Third Party Rights. Successors and Assigns
No party hereto shall make, in whole or in part, any assignment of this Agreement without the
written consent of the other party. This Agreement shall not bestow any rights upon any third
party, but rather shall bind and benefit the District and ENTITY only.
EXECUTED in multiple originals on DO NOT ENTER DATE
APPROVED AS TO FORM:
VINCE RYAN
Harris County Attorney
MITZi ORpR
Assistan nty Attorney
ATTEST: [or WITNESS]
M
Name:
HARRIS COUNTY FLOOD CONTROL
DISTRICT
By:--- -- - -
ED EMMETT
County Judge
CITY OF BAYTOWN
By:
Name:
Title: __ �_ Title:
AGREEMENT NO. 1260
Exhibit "A"
Harris County Flood Control District
Bridge Agreement
City of Baytown
HCFCD Unit 0122-00-00
Agreement Area = T, -w -u -n
egend
.O.W. (Acquired Grantee)
rantee
Public
County
City of Houston
H GF.0 D
THE STATE OF TEXAS §
COUNTY OF HARRIS §
at the
AGREEMENT NO.1260
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
Harris County Administration Building in the City of Houston, Texas, on
with the following members present, to wit:
Ed Emmett
Rodney Ellis
Jack Morman
Steve Radack
R. Jack Cagle
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No. 2
Commissioner, Precinct No. 3
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 AGREEMENT BY AND BETWEEN THE
HARRIS COUNTY FLOOD CONTROL DISTRICT AND CITY OF BAYTOWN (ENTITY)
TO MAINTAIN A BRIDGE
ON HCFCD UNIT 0-122-00-00, TRACT NO. 01-011.0, KEY MAP 541-A, PRECINCT 2
Commissioner
the same be adopted.
adoption of the order.
following vote:
introduced an order and made a motion that
Commissioner seconded the motion for
The motion, carrying with it the adoption of the order, prevailed by the
Yes No Abstain
Judge Ed Emmett
❑
❑
❑
AYES: Comm. Rodney Ellis
❑
❑
❑
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 law -fully adopted. The order thus adopted follows:
WHEREAS, ENTITY has constructed a Bridge across HCFCD Unit 0122-00-00
approximately 228 feet upstream from south Civic Drive and approximately 40 feet in length,
hereinafter called the "Bridge'; and
WHEREAS, ENTITY desires to maintain or cause to be maintained the Bridge with
related appurtenances; and
WHEREAS, the District has no objection to ENTITY using the property in which the
District owns an easement (hereinafter the "Property") for the purposes stated herein, subject to
the conditions hereinafter provided; and
AGREEMENT NO.1260
WHEREAS, the parties recognize that flood control and drainage is the paramount
public purpose of the HCFCD Units along which the Bridge is or will be constructed and
maintained by ENTITY; and
WHEREAS, HCFCD has prepared a map/layout of the alignment of the Bridge, which
has been reviewed and approved by the ENTITY personnel and is shown in Exhibit "A" attached
to this Agreement for descriptive purposes only.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits
to both parties, it is agreed as follows:
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 Agreement by and
between the Harris County Flood Control District and City of Baytown, for
maintenance of a Bridge and related appurtenances, on, over, across,
and through certain Property located along HCFCD Unit 0122-00-00,
said Agreement being incorporated herein by reference for all purposes
as though fully set forth verbatim herein.
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING THE BRUNSON REDEVELOPMENT
PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ("First Amendment") to that certain Interlocal Agreement for Funding of
the Brunson Redevelopment Project (the "Agreement") effective on July 6, 2018, by and between the
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, a political subdivision of the State of Texas,
hereinafter called "District," and the CITY OF BAYTOWN, a home -rule municipal corporation located
in Harris and Chambers Counties, Texas, hereinafter called the "City" is made by and between the same
parties on the date hereinafter last specified.
WHEREAS, the District desires to promote new or expanded business development within its
boundaries; and
WHEREAS, District and City entered into the Agreement for Funding the Brunson
Redevelopment Project; however, additional funding is necessary for the completion of the Project; and
WHEREAS, the District and the City desire to amend the Agreement for the additional funds
necessary for the completion of the Project up to an amount not to exceed THIRTY SEVEN
THOUSAND EIGHT HUNDRED FIFTY-SEVEN AND 60/100 DOLLARS ($37,857.60);
NOW THEREFORE, for and in consideration of the premises and mutual covenants herein
contained, it is agreed as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this First Amendment shall have the same meanings as in the Agreement.
2. Amendments. Section 5 "Funds to be provided by the District" of the Agreement is hereby
amended as follows:
Section 5. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in furtherance
of this Agreement, the District shall tender funds to the City in an amount not to
exceed ONE MILLION THREE HUNDRED SIXTY-ONE THOUSAND
EIGHT HUNDRED FIFTY-SEVEN AND 60/100 DOLLARS ($1,361,857.60).
Entire Agreement. The provisions of this First Amendment and the provisions of the Agreement
should be read together and construed as one agreement provided that, in the event of any conflict
or inconsistency between the provisions of this First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control.
First Amendment to the Agreement for Funding
the Brunson Theater Redevelopment Proiect, Page 1