Ordinance No. 1,757 ORDINANCE NO. 1757
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO AN AGREEMENT WITH CHAMBERS COUNTY,
TEXAS, FOR THE JOINT PARTICIPATION BY THE CITY OF
BAYTOWN AND CHAMBERS COUNTY FOR THE ACQUISITION OF
RIGHT OF WAY FOR SPUR 55 INCLUDING THE ADJUSTMENT,
REMOVAL OR RELOCATION OF EXISTING UTILITY FACILITIES
WITHIN SAID RIGHT OF WAY AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
WHEREAS, Chambers County, Texas, has agreed with the
Texas State Highway Department to acquire right of way for
Spur 55 including the adjustment, removal or relocation of
utilities therein from the Harris County line, east to Farm
Road 1405; and
WHEREAS, said Spur 55 is of vital importance to the
City of Baytown due to industry situated in Industrial
District No. 3, with whom the City presently has Industrial
District Contracts and to prospective development of industry
in Industrial District No. 3; and
WHEREAS, Article 1175, V.T.C.S. , Section 15, provides
that home rule cities shall have the power to acquire lands
within or without the city for streets, highways, boulevards,
speedways, etc. ; and
WHEREAS, the City Council of the City of Baytown,
Texas, is desirous of entering into an Interlocal Agreement
with Chambers County, Texas, for joint participation in the
acquisition of right of way for Spur 55, with the City of
Baytown's portion to be limited to the costs of adjusting,
removing, or relocating utilities within said right of way,
less reimbursement by the Texas State Highway Department of
one-half of said costs; and
APOW11
WHEREAS, the City Council. of the City of Baytown,
Texas, desires 'to expressly limit its obligation to pay to
Two Hundred Thousand and No/.100 ($200 , 000 . 00) Dollars unless
additional expenditures are hereafter expressly authorized
by the City Council of the City of Baytown, with fifty (50%)
per cent of the amount paid to be reimbursed to the City
upon reimbursement by the Texas Highway Department; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE crry OF'
BAYTOWN, TEXAS :
Section 1 : That the City Council of the City of Baytown,
Texas , hereby approves the contract for joint participation
by the City of Baytown and Chambers County with regard to
the acquisition of right of �,,ray for Spur 55 and the adjustment,
removal or relocation of existing utility facilities within
said right of way, and authorizes and directs the Mayor to
execute and the City Clerk to attest.- to said contract. A
copy of said contract is attached hereto, marked Exhibit
"A, " 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,
Texas.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown this 27th day of
February, 1975 .
0
TOM GENTR2, --May--2W-
ATTEST:
EDNA OLIVER, City Clerk
40"K,
APPROVEDry
NEEL RI-HARDSON, City Attorney "'
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E X H I B I T "A"
THE STATE OF TEXAS X
COUNTIES OF HARRIS X
AND CHAMBERS X
THIS AGREEMENT, made and entered into between
CHAMBERS COUNTY, TEXAS, hereinafter called "County," acting
herein by and through its County Judge, pursuant to a resolution
duly passed by the Commissioners Court of said County, and
the CITY OF BAYTOWN? TEXAS, hereinafter called "City," a
body politic and corporate acting herein by and through its
Mayor, thereunto duly authorized:
W I T N E S S E T H:
WHEREAS, the Commissioners' Court of Chambers
County, Texas, did at a regular meeting, a quorum being
present on the llth day of November, 1974, upon the motion
of Commissioner H. H. McCollum, seconded by Commissioner
E. A. Turner, duly put and carried, all members of the Court
voting aye, duly authorized the County Judge to agree to the
provisions hereinafter set out in this agreement and contract;
and
WHEREAS, the City Council of the City of Baytown,
Texas, did by Ordinance No. , duly adopted and
approved on February 27, 1975, authorize the Mayor of the
City of Baytown to execute and the City Clerk of the City of
Baytown to attest to the provisions hereinafter set out in
this agreement and contract; NOW THEREFORE,
THE CITY AND COUNTY AGREE AS FOLLOWS:
I.
That the City and County will participate in the
acquisition of right of way for Spur 55 including the adjustment,
Owl removal or relocation of existing utility facilities within
said right of way. Subject to Section III hereof, the
City's portion of said costs shall be the costs of adjusting,
right of way. Subject to Section III hereof, the City's
portion of said costs shall be the costs of adjusting,
removing or relocating existing utilities within said right
of way. .The County's portion of the costs shall be all
other costs associated with right of way procurement as set
forth in the contract between the County and the Texas State
Highway Department dated the 17th day of February, 1969.
II.
It is expressly understood that in the aforementioned
contractual agreement for right of way procurement between
Chambers County and the Texas State Highway Department, the
Texas State Highway Department agreed to reimburse Chambers
County for one-half of the costs of adjusting, removing or
relocating utilities within the right of way on a "lump sum"
basis, and since the City is actually paying the costs of
adjusting, removing or relocating utilities within the right
of way, it is agreed that upon receipt of such reimbursement
from the Texas State Highway Department, the County will
immediately pay to the City an amount equal to the sum paid
to the County by the Texas State Highway Department.
III.
It is also expressly agreed that the initial
payment by the City is to be limited to Two Hundred Thousand
and No/100 ($200,000.00) Dollars unless additional expenditures
are hereafter expressly authorized by the City Council of
the City of Baytown, with fifty (50%) per cent of the amount
paid to be reimbursed to the City upon reimbursement by the
Texas Highway Department.
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IV.
Further, it is expressly agreed that the County
will adhere strictly to all terms and conditions of its
contractual agreement for right of way procurement with the
Texas State Highway Department.
EXECUTED IN DUPLICATE ORIGINALS, this day
of , 19
COUNTY OF CHAMBERS
By:
0. F. Nelson, Jr. , County Judge
ATTEST:
Clerrc
CITY OF BAYTOWN
By: , ;.7 _ -
TOM GENTRY, MaycW
ATTEST:
EDNA OLIVER, City Clerk
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THE STATE OF TEXAS X
COUNTIES OF HARRIS X
AND CHAMBERS X
THIS AGREEMENT, made and entered into between
CHAMBERS COUNTY, TEXAS, hereinafter called "County," acting
herein by and through its County Judge, pursuant to a resolution
duly passed by the Commissioners Court of said County, and
the CITY OF BAYTOWN, TEXAS, hereinafter called "City, " a
body politic and corporate acting herein by and through its
Mayor, thereunto duly authorized:
W I T N E S S E T H:
WHEREAS, the Commissioners ' Court of Chambers
County, Texas, did at a regular meeting, a quorum being
present on the llth day of November, 1974, upon the motion
of Commissioner H. H. McCollum, seconded by Commissioner
E. A. Turner, duly put and carried, all members of the Court
voting aye, duly authorized the County Judge to agree to the
provisions hereinafter set out in this agreement and contract;
and
WHEREAS, the City Council of the City of Baytown,
Texas, did by Ordinance No. 1757 duly adopted and
approved on February 27, 1975, authorize the Mayor of the
City of Baytown to execute and the City Clerk of the City of
Baytown to attest to the provisions hereinafter set out in
this agreement and contract; NOW THEREFORE,
THE CITY AND COUNTY AGREE AS FOLLOWS:
I.
That the City and County will participate in the
acquisition of right of way for Spur 55 including the adjustment,
removal or relocation of existing utility facilities within
said right of way. Subject to Section III hereof, the
City's portion of said costs shall be the costs of adjusting,
right of way. Subject to Section III hereof, the City's
portion of said costs shall be the costs of adjusting,
removing or relocating existing utilities within said right
of way. The County's portion of the costs shall be all
other costs associated with right of way procurement as set
forth in the contract between the County and the Texas State
Highway Department dated the 17th day of February, 1969.
II.
It is expressly understood that in the aforementioned
contractual agreement for right of way procurement between
Chambers County and the Texas State Highway Department, the
Texas State Highway Department agreed to reimburse Chambers
County for one-half of the costs of adjusting, removing or
relocating utilities within the right of way on a "lump sum"
basis, and since the City is actually paying the costs of
adjusting, removing or relocating utilities within the right
of way, it is agreed that upon receipt of such reimbursement
from the Texas State Highway Department, the County will
immediately pay to the City an amount equal to the sum paid
to the County by the Texas State Highway Department.
III.
It is also expressly agreed that the initial
payment by the City is to be limited to Two Hundred Thousand
and No/100 ($200,000. 00) Dollars unless additional expenditures
are hereafter expressly authorized by the City Council of
the City of Baytown, with fifty (50%) per cent of the amount
paid to be reimbursed to the City upon reimbursement by the
Texas Highway Department.
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IV.
Further, it is expressly agreed that the County
will adhere strictly to all terms and conditions of its
contractual agreement for right of way procurement with the _
Texas State Highway Department.
EXECUTED IN DUPLICATE ORIGINALS, this day
of Ay 4 19 7.I
COUNTY OF CHAMBERS
By:
0. F. Nelson, Jr. , County Judge
ATTEST:
Clerk
CITY OF BAYTOWN
By:
TOM GENTRY, MayVr
ATTEST:
(: ct �
EDNA OLIVER, City Clerk
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