Ordinance No. 1,362ORDINANCE NO. 1362
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY
OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH THE CITY OF
HOUSTON TO INSTALL AND OPERATE A RADIO REPEATER FACILITY ON TOP
OF THE WATER TOWER AT JAMES AND NORTH SEVENTH STREETS IN THE CITY
OF BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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 au-
thorizes and directs the Mayor and City Clerk of the City of Baytown to execute
and attest to a contract with THE CITY OF HOUSTON for the installation and oper-
ation of a radio repeater facility on top of the water tower at James and ]North
Seventh Streets in the City of Baytown, a copy of said contract marked Exhibit "A ",
attached hereto and made a part hereof.
Section 2: This ordinance shall take effect 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 8th day of February 1973.
C. GLEN WALKER, Mayor
ATTEST:
MNA OLIVER, City Clerk
nnnnnvrn.
E X H I B IT "A"
THE STATE OF TEXAS
LEASE AGREEMENT
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS:
That this AGREEMENT, made between the CITY OF BAYTOWN, a municipal cor-
poration, situated in Harris County, Texas, hereinafter referred to as "BAYTOWN ",
and the CITY OF HOUSTON, a municipal corporation situated in Harris County,
Montgomery County and Fort Bend County, Texas, hereinafter referred to as
"HOUSTON ";
WITNESSETH:
For and in consideration of TEN DOLLARS ($10.00), the receipt of which
is hereby acknowledged, and other considerations, including the covenants and
agreements herein made, BAYTOWN has leased, demised and rented, and does by
these presents lease, demise and rent unto HOUSTON for radio tower purposes the
following described tract of land in Harris County, Texas, to -wit:
TRACT ONE
All of that certain tract of land, containing three separate
parcels of land which are (A) Reserve Tract, (B) Lot Five (5)
and (C) Lot Six (6), all located in Block One (1) of Rose Lawn
Addition to the City of Baytown, Harris County, Texas, according
to the map or plat thereof recorded in Volume 1163 on Page 113
of the Deed Records of Harris County, Texas, said Lot Five (5)
and Lot Six (6) being the same land conveyed to the City of
Baytown per deed recorded in Volume 2456 on Page 13 of the
Deed Records of Harris County, Texas, said tract being more
particularly described by metes and bounds as follows, to -wit:
BEGINNING at a 112 -inch iron rod set in the southerly right -of -way
line of East James Avenue, based on a width of 60.00 (G.C.S. 5- 18 -72)
feet, for the northeast corner of Lot 7 and the northwest corner of
Lot 6, Block 1, and of the herein described tract, said 1/2 -inch
iron rod is also located North 21019'00" East, 195.00 feet and
South 68 °41'00" East, 50.00 feet from a one -inch galvanized iron
pipe found at the southwest corner of Lot 1, Block 1, Rose Lawn
Addition;
THENCE South 68 041'00" East along the south right -of -way line of
East James Avenue a total distance of 40.05 feet to a 1/2 -inch
iron rod set for the point of curve of a curve to the right;
THENCE continuing along the south right -of -way line of East James
Avenue following said curve to the right having a radius of 169.87
feet, a central angle of 22 040'00 ", at 9.96 feet pass the common
north corner of Lots 5 and 6, at 61.27 feet pass the common north
corner of Lot 5 and the said Reserve Tract, in all a total distance
of 67.20 feet to a 1/2 -inch rod set for the point of tangent;
THENCE South 460 (G.C.S. 5- 18 -72) 01'00" East a total distance of
48.21 feet along the southerly right -of -way line of East James
Avenue to a 1/2 -inch iron rod set at its intersection with the
west right -of -way line,of Seventh Street for the northeast corner
of the said Reserve Tract and of the herein described tract;
THENCE South 21 019'00" West, along the west right -of -way line of
Seventh Street a total distance of 68.30 feet to a 1/2 -inch iron
rod set in the north line of Lot 4, Block 1, for the southeast
corner of the said Reserve Tract and the herein described tract,
said 1/2 -inch iron rod is also located North 21 °19'00" East, 95.00
feet and North 68 041'00" West, 17.00 feet from a 1/2 -inch iron pipe
found at the southeast corner of Lot 4, Block 1, Rose Lawn Addition;
THENCE North 68 041'00" West, at 50.00 feet pass the common south
corner of the said Reserve Tract and Lot 5, at 100.00 feet pass
the common south corner of Lots 5 and 6, in all a total distance of
150.00 feet to a 1/2 -inch iron rod set for the southeast corner
of Lot 7 and the southwest corner of Lot 6 and of the herein des-
cribed tract;
THENCE North 21 °19'00" East a total distance of 100.00 feet along
the dividing line between Lots 6 and 7 to the PLACE OF BEGINNING,
and containing 0.3149 acres of land.
It is Understood and Agreed that said lease shall be subject to the following
terms and conditions, to -wit:
1. Whereas BAYTOWN now is using the above described Tract One as a
site for an elevated water tower storage tank, a ground storage tank, and other
appurtenances, it is Understood and Agreed that HOUSTON may use said elevated
water tower as a transmitting and receiving radio tower. HOUSTON may place
two antennas on top of and one antenna on the side of said elevated water tank.
2. HOUSTON may also construct a repeater station building on the following
described Tract Two, to -wit:
TRACT TWO
All of that certain tract of land, containing an area of 661 square
feet, located in Lot Six (6), Block One (1), Rose Lawn Addition to
the City of Baytown, Harris County, Texas, according to the ,lap or
Plat thereof recorded in Volume 1163 on Page 113 of the Deed Records
of Harris County, Texas, said Lot Six (6) being a part of the same
land conveyed to the City of Baytown per deed recorded in Volume
2456 on Page 13 of the Deed Records of Harris County, Texas, said
tract being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 -inch iron rod set in the southerly right -of -way
of East James Avenue based on a width of 60.00 feet, for the north-
east corner of Lot 7 and the northwest corner of Lot 6, Block 1,
Rose Lawn Addition, said 1/2 -inch iron rod is also located North
21 °19'00" East, 195.00 feet and South 68 041'00" East, 50.00 feet
from a one -inch galvanized iron pipe found at the southwest corner
of Lot 1, Block 1, Rose Lawn Addition;
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THENCE South 21 °19'00" West along the east line of aforesaid Lot 7
and the west line of Lot 6, a distance of 20.00 feet (G.C.S. 5- 18 -72)
to a point;
THENCE South 68 °41'00" East a distance of 5.45 feet to a 1/2 -inch iron
rod set FOR THE PLACE OF BEGINNING of the herein described tract;
THENCE South 68'41'00" East, a total distance of 32.00 feet to a 1/2 -inch
iron rod set for a corner of the herein described tract;
THENCE South 21 019'00" West, a total distance of 12.00 feet to a 1/2 -inch
iron rod set for a corner of the herei^ described tract;
THENCE North 68 041 000" West, a total distance of 9.00 feet to a 1/2 -inch
iron rod set for a corner of the herein described tract;
THENCE South 21 019'00" West, a total distance of 7.00 feet to a 1/2 --inch
iron rod set for a corner of the herein described tract;
THENCE South 68 041'00" East, a total distance of 6.00 feet to a 1/2 -inch
iron rod set for a corner of the herein described tract;
THENCE South 21 019100" West, a total distance of 4.00 feet to a 1/2 -inch
iron rod.set for a corner of the herein described tract;
THENCE North 68 041'00" West a total distance of 29.00 feet to a 1/2 -inch
iron rod set for a corner of the herein described tract;
THENCE North 21 °19'00" East, a total distance of 23.00 feet to the PLACE
OF BEGINNING and containing 661 square feet of land.
IT IS AGREED that HOUSTON shall have use of said building during the term of this
lease and any renewal thereof. Said building shall be used to house electronic,
power and other equipment necessary to operate and protect the radio facilities.
The antennas on the elevated water tank shall be connected to the equipment in
the building below by cables running down one of the existing columns of the
water tower.
3. It is specifically provided that Baytown will be permitted the use
of the above mentioned antennas and repeater station, providing that the said
use will not be inconsistent with or interfere with Houston's use thereof.
4. All transmitting and receiving equipment operated by HOUSTON will
comply with applicable federal F.C.C. regulations, including those related
to television interference.
5. As to construction of the building, HOUSTON will include in the
construction contract a requirement that appropriate liability insurance will
be carried and that the contractor will save and hold harmless BAYTOWN from
any liabilities whatever growing out of any damages or injuries to property
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or persons because of any fault or neglect of said contractor or his agents.
HOUSTON may use any presently unused portion of Tract One as a temporary con-
struction area for the construction of the building on Tract Two.
6. Said Tract One is now enclosed and protected by BAYTOWN'S chain
link fence and locked gate. HOUSTON shall have the right of ingress and egress
to Tract One. BAYTOWN agrees to furnish HOUSTON with a key to said gate. Since
subject radio facilities are to be used in part for public safety, BAYTOWN agrees
that in the event that it does not maintain its fence and locked gate so as to
provide the necessary protection, then HOUSTON may maintain same or may erect
and maintain its own protection facilities.
7. The term of this lease shall be for fifty (50) years, beginning
December 1, 1972. After December 1, 1992, however, BAYTOWN shall have the
right to cancel this lease upon giving HOUSTON six (6) months written notice
addressed to the CITY OF HOUSTON, Texas, Office of the City Secretary, City
Hall, Houston, Texas. It is specifically agreed and understood that Baytown
may cancel this lease immediately if the antennas or repeater station interfere
in any manner with television or radio reception of citizens of the City of
Baytown.
8. In the event BAYTOWN abandons the use of its water tower located on
said Tract One during the term of this lease, BAYTOWN agrees that HOUSTON, at
its option, may
(a) continue this lease on Tract One and either continue
to use BAYTOWN'S tower and assume the maintenance of same
or construct its own tower thereon if Baytown removes its
tower from Tract One,
(b) continue this lease at BAYTOWN'S new water tower site
on BAYTOWN'S new water tower., or
(c) cancel this lease.
10. During the term of the lease and for ninety (90) days thereafter,
HOUSTON shall have the right to remGv a any or all of the facilities placed
thereon by it at its own expense.
11. This AGREEMENT shall become effective upon being executed by both
parties.
IN WITNESS WHEREOF this instrument in duplicate originals both of equal
force, has on this the day of , 1973, been
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executed by the CITY OF BAYTOWN, and has, on the day of ,
1973, been executed by thw CITY OF HOUSTON.
ATTEST:
City Secretary of Baytown
ATTEST:
ty Secretary of Houston
APPROVED:
CITY OF BAYTOWN, TEXAS
C. GLEN WALKER, Mayor
CITY OF HOUSTON, TEXAS
LOUIE WELCH, Mayor
APPROVED:
Earl J. Martin, Director
Real Estate Department Assistant City Attorney
City of Houston City of Houston
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THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, a Notary Public in and for Harris
County, Texas, on this day personally appeared LOUIE WELCH, MAYOR of the CITY OF
HOUSTON, known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, as the act and deed of the CITY OF
HOUSTON, the said municipal corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
A.D., 1973.
Notary Public in and for Harris County,
T e x a s
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, a Notary Public in and for Harris
County, Texas, on this day personally appeared C. GLEN WALKER, MAYOR of the CITY
OF BAYTOWN, known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknawledged to me that he executed the same for
the purposes and consideration therein expressed, as the act and deed of the
CITY OF BAYTOWN, the said municipal corporation, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
A. D. 1973.
Notary Public-in and for Harris County,
T e x a s