Ordinance No. 1,457ORDINANCE NO.1457
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 AN AMENDED CONTRACT WITH
THE CITY OF HOUSTON TO INSTALL AND OPERATE A RADIO REPEATER FACILITY
ON TOP OF THE WATER TOWER ATJAMES AND NORTH SEVENTH STREETS
IN THE CITY OF BAYTOWN,TEXAS,AND PROVIDING FORTHE 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
authorizes anddirects the Mayor and City Clerk of the City of Baytown to execute
and attest toan amended contract with the City of Houston for the installation
and operation of a radio repeater facility on top of the water tower at James
and North SeventhStreets in the City of Baytown,a copy of said amended contract
marked Exhibit "A",attached hereto and made a part hereof for all intents
and purposes.
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 bythe affirmative vote of the City Council
of the City of Baytown this 23rd day of August ,1973.
TOM GENTRY,Mayor
ATTEST:
APPROVED:
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THENCE continuing along the south right-of-way
line of East James Avenue following said curve
to the rxgnt naving a radius of l6y.6?feet',a
central angle of 22°J»0l00",at 9.96 feetpass
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 rodsetfor the
point of tangent;
THENCE South 1|6°(G.C.S.5-18-72)01'00"East
a total distance of ^8.21 -feet along the southerly
right-of-way lineof East James Avenue to a 1/2
inch iron rod set at its intersection with the west
right-of-way lineof Seventh Street for the north
east corner of said Reserve Tract and of the
herein described tract;
THENCE South 21°19'00"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°19t00"East,
95.00 feet and North 68°4l'OO"West',17.00 feet
from a 1/2 inch iron pipe found at the southeast
corner of Lot Ht Block 1,Rose Lawn Addition;
THENCE North 680iH'OOfl West,at 50.00 feetpass
the common south corner of the said Reserve Tract
and Lot 5,at 100.00 feet passthe 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 described tract;
THENCE North 21°19l00"East a total distance of
100.00 feet along the dividing line between Lots 6
and 7 to the PLACE OP BEGINNING,and containing
0.31^9 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 a water tower with an elevated storage tank,a
ground storage tank,and other appurtenances,it is Understood
and Agreed that HOUSTON may use said TRACT ONE for the purposes
of constructing,maintaining,repairing,operating,protecting
and removing structures and equipment for the operation of a
transmitting and receiving radiotower andfor the protection
of the uninterrupted use of same,andmayusethe existing water
tower as a transmitting and receiving radio tower.HOUSTON may
place two antennas on top of andone anterna on the side of said
elevated water tank'.
-2 -
2.As an additional ccnsideration to 3AYT0WN'for this
lease,HOUSTON agrees to improve the facilities of BAYTOWN within
said TRACT ONE by and through the construction of a new multi-
room building on the hereinafter described TRACT TWO;provided,
however,during the term of this lease or renewal thereof or
subsequent leases for the same or similar purposes,HOUSTON shall
have the paramount right of useand possession of said building,
HOUSTON may use said building to house electronic,power and other
equipment and for such other purposes as are related to its use of
TRACT ONE for radiotower purposes.The said TRACT TWO is more
particularly described as follows,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(l),
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 Six (6)being a part of the same
land conveyed to the City of Baytown per"deed recorded
in Volume 2^56 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 northeast corner of Lot 7 and the
northwestcorner 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°^lt0O"East,50.00 feet
from a one-inch galvanized ironpipe found at the
southwestcorner of Lot 1,Block*!*,Rose Lawn Addition;
THENCE South 21°19l00"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°4llOO11 East a distance of 5.45 feet to
a 1/2 inch iron rod set FOR THE PLACE OP BEGINNING of
the herein described tract;
THENCE South 68°4l'00"■East,a total distance of 32.00
feet to a 1/2 inch iron rod setfor a corner of the
herein described tract;
THENCE South 21°19'0O"West,a total distance of 12.00 feet
tc a 1/2 inch-iron rod set for a corner of the herein
described tract;
THENCE .North 68o11'00"West,a total*distance of 9.00
feet to a 1/2 inch iron rod set for a corner of the
herein described tract;
—3 —
/^
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THENCE South 21°19t00"V/est,a total distance of7,00 feet
to a 1/2 inch iron rod set for a corner of the herein
described tr-aclj
THENCE South 68°l41'OO"East,a total distance of 6.00
feet to a 1/2 inchiron rod set for a corner of the
herein described tract;
THENCE South 21°19t00"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°4ltOO"V/est a total distance of 29.00 feet
to a 1/2 inch iron rodset 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.
3.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 or persons because of any fault or neglect of said
contractor or his agents.HOUSTON may useany presently unused
portion of TRACT ONE as a temporary construction area for the
construction of the building on TRACT TWO.
4.Said TRACT ONE is now enclosed and protected by BAYTOWNfS
chain link fence and locked gate,which BAYTOWN agrees to maintain.
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 thatinthe 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.
5.Itis Understood and Agreed that throughout the term of
the lease after the initial construction and installation,HOUSTON
shall maintain its radio tower equipment,including but not limited
to,the antennas placed on the water tower,the cables from same
to the new building on TRACT TWO,the nevf building on TRACT TWO
itself,its radioand protection systemequipment in said building,
■••SMBiSS-*•Wl^'il.1-'"
5-8-73 O L-D-File ^,067-A ^z$ORK:pc
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the wiring from the-building to the power source,and such
separate fencing as HOUSTON erects,and that BAYTOWN shall maintain
all otherfacilities and improvements on TRACT ONE,including but
not limited to,the water tower,the lights thereon,and its water
controls and system.
6.The term ofthis lease shall be for fifty (50)years,
beginning June 1,1973-After June 1,1993,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.
7.All transmitting and receiving equipment operated by
HOUSTON will comply with applicable federal F.C.C.regulations,
including those related to television interference.If HOUSTON'S
antennas or repeater station interfere in any manner with television
or radio reception of citizens of BAYTOWN,thenupon BAYTOWN
notifying HOUSTON in writing ofsame stating the nature-of the
interference and the party experiencing same,HOUSTON will proceed
to take all reasonable steps to correct same.
8.In the event BAYTOWN abandons theuse ofits 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,
(b)continue this lease at BAYTOWN'S new water
tower site on BAYTOWN'S new water tower,or
(c)cancel thislease.
9.During the term ofthis lease and for ninety(90)days
thereafter,HOUSTON shall"have the right to remove any or all of
its radio tower facilities and related equipment at its own ex
pense.The new building on TRACT TWO shall remain as the property
of BAYTOWN.
-5-
ORK:pc L.D.Pile M,067-A 5-8-73
0\
10.It is Understood and Agreed that HOUSTON is subject '
to the requirements ofits Charter regarding appropriations,and
that no funds have been appropriated to finance future contingent
obligations after the initial construction of the permanent facilities,
and that HOUSTON'S obligations hereunder for same shall be limited
to appropriations made by the present or future city councils of
HOUSTON.
11.Itis specifically provided that BAYTOWN will be per
mitted theuse of the above mentioned antennas and repeater station,
providing that the said use,in HOUSTON'S sole opinion,will not be
inconsistent with nor interfere with Houston's use thereof.
12.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 executed by the CITY OF BAYTOWN by and through its Mayor
duly authorized by ordinance and attested by its City Secretary.
g
CITYOF BAYTOWN,TEXAS,LESSOR
ATTEST:
Mayor
City Secretary of Baytown
APPROVED:
City Attorney
Director of Public Works
_6 -
/*Sv
IN WITNESS WHEREOF this 'instrument,in duplicate originals
both of equal force,has on this the day of
1973,been executed bythe CITY OP HOUSTON by and through its Mayor
duly authorized by ordinance and attested b-y its City Secretary.
ATTEST:
CITY OP HOUSTON,TEXAS,LESSEE
City Secretary of Houston
Louie Welch,Mayor
APPROVED:
/Earl 31 STartin,Director
Real E&£ate DeDartment
E.B.Cape,Director
Department of Public Works
Owen R.Kirchner
Assistant City Attorney
-7 -
"rile ~-,Co/-A 5-0-73
/^™N
COUNTY OP 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 metobe the person
and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same forthe 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 OP OFFICE,this the
of __,A.D.1973.
Notary Public in andfor
Harris County,Texas
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
.>Mayor of the City of Baytown,
known to me tobe the person and officer whose name is subscribed
to the foregoing instrument,and acknowledged tome that he executed
the same forthe purposes and consideration therein expressed,as
theact and deed of the City of Baytown,the said municipal corpora
tion,and in the capacity therein stated.
GIVEN UNDER m HAND AND SEAL OF OFFICE,this the
of ,A.D.1973."
Notary Public in andfor
Harris County,Texas
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