Ordinance No. 763ORDINANCE NO. 763
AN ORDINANCE AUTHORIZING AGREEMENT WITH HARRIS
COUNTY, TEXAS, PROVIDING FOR THE ACQUISITION
OF RIGHT OF WAY FOR AND THE IMPROVEMENT OF NORTH
MAIN STREET FROM THE INTERSECTION OF SAID STREET
VIITH CEDAR BAYOU ROAD TO THE NORTH CITY LIMIT LINE
OF THE CITY OF BAYTOWN, THE ACQUISITION OF RIGHT
OF WAY FOR AND THE EXTENSION OF SOUTH MAIN STREET
FROM THE INTERSECTION OF SAID STREET WITH 'JEST
MAIN STREET TO HIGHWAY 146, AND THE ACQUISITION
OF RIGHT OF WAY FOR AND THE EXTENSION OF GARTH
ROAD FROM THE INTERSECTION OF SAID ROAD WITH PARK
STREET TO DECi"ER DRIVE; STATING CERTAIN OF THE
PRINCIPAL TER14S OF THE AGREE1,1ENT; APPROVING FOPdvi
AND SUBSTANCE OF AGREEJAENT AND AUTHORIZING ITS
EXECUTION ON BEHALF OF THE CITY; FINDING THAT A
SUFFICIENT APPROPRIATION HAS BEEN MADE TO REIMI-
BURSE HARRIS COUNTY FOR THE COST OF APPRAISING
AND NEGOTIATING FOR THE ACQUISITION OF SAID RIGHT
OF WAY IN THE EVENT SUCH 13 NECESSARY, AND PROVID-
ING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: In the matter of the necessary acquisitions and
construction, to -wit: acquisition of 10 feet of additional right
of way on either side of North 1.1ain Street from Cedar Bayou Road to
the North City limit line and the improvement of said street by the
widening, repairing and construction of curb and gutters along said
street, the acquisition of an 80 foot right of way for the extension
of South ,.iain Street fror,i '.feet i.iain Street to Highway 146 and the
construction of a 60 foot paved street with curb and gutters along
said extension, and the acquisition of a 100 foot right of way for
the extension of Garth Road from Park Street to Decker Drive and
the construction of a 80 foot paved street with curbs and gutters
along said extension.
The City Council hereby approves the entering into of an
agreement with Harris County to the substantial effect that the City
of Baytown will pay for and acquire the right of way and provide for
and pay the costs of appraising the right of way to be purchased and
will provide for and pay the costs of negotiating the purchase of
said right of way.
Section 2: The City Council hereby approves the form and
substance of a formal agreement between the City and Harris County
covering the foregoing and reasonably related matters, of which a
copy is attached to this ordinance for reference only. The t -,ayor
is hereby authorized to execute such agreement in as many identi-
cal counterparts as may appear requisite, and the City Clerk is
authorized to attest the same under the City's seal, and upon exe-
cution on behalf of Harris County, the countersignature by the City
Controller and appropriate certification by the County :auditor,
such agreement shall be effective and binding to the intent and
effect therein stated.
Section 3: The City Council finds that before passage of
this present ordinance it has appropriated to the purposes herein
referred to the sum of _15,000.00, estimated as being fully ample
to reimburse Harris County for the amount actually expended in ap-
praising and negotiating for the purchase of said right of way in
the event such reimbursement becomes necessary under the terms of
said agreement.
Section 4: This ordinance shall take effect immediately upon
its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by a majority of the City Council
of the City of Baytown, thic day of December, 1965.
Seaborn Cravey, Ilayor
ATT9ST :
Edna Oliver, City Clerk
APPF VED E =,5 TO FORE,:
George handler, City Attorney
I, Ldna Oliver, City Clerk of the City of Baytown, Texas, do
hereby certify that the within and foregoing is a true and correct
copy of Ordinance No.�, passed by the City Council and approved
by the L�ayor of said City on the _day of December, 1955, as the
same appears in the records in my office.
".1ITNESS my hand and the seal of said City this /0 day of
December, 1955.
Edna Oliver, City Clerk of Baytown
i1GREEi.iENT BETWEEN HIARIS COUNTY ,�ND THE
CITY OF BAYTOUN FOR THE II,;PROVEMENT OF
NORTH i. AIN STREET FRIN.i CEDf,R BAYOU ROAD
TO THE NORTH CITY Lli.,IT LINE OF THE CITY
OF BAYTOWN, THE EXTENSION OF SOUTH i -iAIN
STREET FROi.i WEST i.SAIN STREET TO HIGHI11'1Y 146,
AND THE EXTENSION OF GARTH ROAD FRO1. P,,,RK
STREET TO DECKER DRIVE.
THE ST."JE OF TEXi%S
COUNTY OF HARRIS �
THIS AGREEMENT, made and
OF BAYTOUN, TE,",AS, hereinafter
hereinafter called "County ",
entered into by and between the CITY
called "City'', and HARRIS COUNTY,
uV 1 T N E S S E T H
!IHEREAS, the City is engaged in a capital improvements program
and under such program desires to improve widen north i -ain Street
from Cedar Bayou Road to the north City limit line, extend South i.1ain
Street from West i.:ain Street to Highway 146, and extend Garth Road
from Park Street to Decker Drive, all of which are within the incor-
porated limits of the City; and
UHEREA'S, the City is willing to pay for the purchase of the
right of way and cost of constructing such improvements and exten-
sions; and
!'IHERE«S, all of the said streets which are to be improved or
extended under this i''tgreement are within Harris County, are on the
County Road Log and form a connecting link in the County Road System;
and
IJHERE:'�S, the County finds such improvements and extensions to
be necessary and desirable for the improvement of the County road
system; and
yIHEREsS, the County is willing to provide for and pay the
reasonable cost of appraising the necessary right of way to be pur-
chased by the City for such ij-,iprovements and extensions; and
UHERL;�S, the County is willing to provide for and pay the
reasonable cost of negotiating the purchase of such necessary right
of way by the City;
NO11, THEREFORE, in consideration of the mutual covenants,
agreements and benefits to both parties, IT IS :,GREED AS FOLLO'JS:
1.
The County agrees to provide for and pay the cost of apprais-
ing the property necessary to be purchased for the improvement of
Worth !.lain Street from Cedar Bayou Road to the North City limit line
of the City, the extension of South i. ain Street from 'Jest i. 'sain
Street to Highway 146, and the extension of Garth Road from Park
Street to Decker Drive. The appraisals which the County shall be
obligated to provide and pay for shall include only such appraisals
as are necessary for the purchase of the right of way, and shall
not include the cost of appraisals which may become necessary as an
incident to or in preparation for acquisition of such right of way
or portions thereof by condemnation in the event that such condemna-
tion becomes necessary.
The County
ing the purchase
improvement and
2.
agrees to provide
by the City of the
extensions.
3.
for and pay the cost of negotiat-
necessary right of way for said
The County shall in no event be obligated to expend any sum in
excess of 115,000.00 in the performance of its obligations as stated
in paragraphs 1 and 2 above. In the event that the cost of apprais-
ing and negotiating the purchase of the necessary right of way for
said improvement and extensions exceeds the sum of X15,000.00, the
City agrees to pay all such necessary additional costs of appraisal
and purchase negotiations.
0
The City agrees to reimburse the County for all costs of ap-
praisal and negotiation actually expended by the County in the event
that the City fails to acquire the right of way and construct the
improvements and extensions contemplated by this agreement.
12
The City agrees to acquire by purchase or condemnation, and to
pay the purchase price and condemnation costs of, all necessary
right of way for said improvement and extension projects, to -wit: a
ten foot strip along both sides of North i.iain Street from Cedar
Bayou Road to the North City limit line, a 80 foot right of way for
the extension of South I.iain Street from 'lest Miain Street to Highway
146, and a 100 foot right of way from Park Street to Decker Drive.
The City agrees to condemn all necessary right of way which cannot
be acquired by negotiation and purchase.
M
The City agrees to provide for and pay all costs of the con-
struction of such improvements and extensions, to -wit: the improve-
ment of North I.;ain Street from Cedar Bayou Road to the North City
limit line by widening such street to 60 feet, and repairing and
constructing curbs and gutters on said street; the extension of South
i::ain Street from lest i.iain Street and Highway 146 by the construction
of a 60 foot wide paved street with curb and gutters along the entire
length of said extension; and the extension of Garth Road from Park
Stree to Decker Drive by the construction of an 80 foot paved street
with curbs and gutters along the entire length of said extension.
7.
This contract, when executed by and on behalf of the County
and the City and appropriately certified by the County Auditor and
the City Controller, shall be effective and binding to the intent
and effect herein stated.
IN TESTII.iONY OF UHICH this agreement, in deuplcate originals,
both of equal force, has been executed on behalf of the Parties
hereto as follows, to --wit:
(a) It has on the 24th day of November, 1965, 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,
Texas (acting as the governing body of Harris County, Texas) so
authorizing; and
(b) It has on the day of 1965, been exe-
cuted on behalf of the City of Baytown, Texas, by its Mayor and at-
tested to by its City Clerk pursuant to an Ordinance of the City
_a_
Council of the City of Baytown so directing and authorizing.
HARRIS COUNTY TEXAS
BY
County Judge, Harris County,
Texas
APPROVED:
Assistant County Attorney
CITY OF BAYMIN
;.iayor, City of Baytown, Te
ATTEST:
City Clerk
APPROVED:
City -�ttorney
COUNTERSIGNED
City Controller, City of Baytown,
Texas
I hereby certify that funds are
available in the amount of $
to accomplish and pay the obligation
of Harris County under the within
and foregoing contract when due.
County Auditor, Harris County,
Texas
ORDER AUTHORIZING THE COUNTY NUDGE TO EXECUTE
A CONTRACT BET' -JEEN HARRIS COUNTY ,r'ND THE. CITY
OF BAYTOWN, TEnI`,tS, PROVIDING FOR: THE Ii.iPROVE-
1': ENT OF NORTH 1,iAIN STREET FROI.'L THE INTERSECTION
OF SAID STREET 11ITH CEDAR BAYOU ROAD TO THE
NORTH CITY LIi:;IT LINE OF THE CITY OF BAYTO'0N,
TEXAS; THE EXTENSION OF SOUTH MAIN STREET FRO1
THE INTERSECTION OF S:,ID STREET '.PITH yJEST i.;`,IN
STREET TO HIGHWAY 146; .`,ND THI: EXT ",4SION OF
GARTH ROAD FR-01.; THE INTERSECTION OF SAID ROAD
WITH P;`,RK STREET TO DECKER DRIVL, ALL 'J1THIN
THE CITY OF B,",YTOUN, TEXr,S
THE STATE OF TE.`CAS
COUNTY OF HARRIS
On this, the 24th day of November, 1965, the Commissioners
Court of Harris County, Texas, sitting as the governing body of
Harris County, Texas, being convened in regular session at a re-
gular meeting of the Court, upon motion of Comp issioner Ramsey,
seconded by Commissioner Chapman duly put and carried,
IT IS ORDERED that County Judge Bill Elliott be, and he is
hereby, authorized to execute on behalf of Harris County a con-
tract by and between Harris County and the City of Baytown,Texas,
providing for the appraisal, negotiation for purchase, and acquisi-
tion of right of way for, and the construction of, the following
street improvement projects within the City of Baytown: The im-
provement of North i..ain Street from the intersection of said street
with Cedar Bayou Road to the North City limit line of the City of
Baytown; the extension of South i.;ain Street from the intersection
of said street with hest Main Street to Highway 146; and the exten-
sion of Garth Road from the intersection of said road with Park
Street to Decker Drive, which contract provides that Harris County
shall in no event be obligated to expend any amount in excess of
the sum of Fifteen Thousand Dollars (1)15,000.00) in the performance
of the County's duties under said contract.
THE STY',TE OF TE:::',S
COUNTY OF HARRIS
I, R. E. TURRENTINE", 111R. , County Clerk and Lax officio Clerk
of the Commissioners Court, do hereby certify that the above and
foregoing is a true and correct copy of an order made and entered
by the Commissioners Court in regular session, on the 24th day of
November, 1965, as it appears of record in the i.inutes of said
Court, Volume 50, page
Given under my hand and seal of office, this 24th day of
November, 1955.
R. L. Turrentine, Jr., County
Clerk and Ex Officio Clerk of
Commissioners Court of Harris
County, Texas.
by
Deputy