Ordinance No. 11,294ORDINANCE NO. 11.294
AN ORDINANCE OF THE CITY COUNCIL OF TI -IE CITY OF BAYTOWN,
TEXAS. AUTHORIZING THE CITY _N4ANA0ER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH
1- IARRIS COUNTY FOR THE OPERATION AND MAINTENANCE OF A
PUBLIC PARK LOCATED ON A 16.7519 -ACRE TRACT OF LAND IN THE
HARVEY WHITING LEAGUE, ABSTRACT NO_ 840, HARRIS COUNTY.
"I-EXAS. AND OWNED BY HARRIS COUNTY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF_
* * * * * * * *** * * * * * * * * *,. * *4.*w **I. * * * * * * * * * * * * * ** * * * * * * * * * * *4�*
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN._
TEXAS:
Section 1: That the City Council of the City of Baytox-.ii. Texas, hereby authorizes
the City Manager to execute and the City Clerk to attest to an Interlocal Agreement with I- larris
County for the operation and maintenance of a public part: located on a 16.7519 -acre tract of
land in the Harvey Whiting League Abstract. No. 840, Harris County, Texas, and owned by
Harris County. A copy of said agreement is attached hereto as Exhibit `-A." and incorporated
herein 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 voteit9he City Council of the
City of Baytown this the 28t1' day of January. 2010.
APPIZOVED AS TO FORM:
r
NACIO RAMIREZ, SR.. Ci n ttorney
STPPIrEhTI 1. DONCARLOS, "Mayor
\ \cobsry I V egal\Karen\F Iles \City Council\Ordinanees\.201 0Uanuary 28 \Inler3ocal. -ithH:trrisCountyJSoccerPark.doe
Exhibit "A"
AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
This Agreement is made and entered into by and between HARRIS COUNTY, a body
corporate and politic under the laws of the State of Texas, hereinafter designated the "County,"
and the CITY OF BAYTOWN, a municipal corporation under the laws of the State of Texas,
hcreinafter designated the "City."
WITNESSETH:
WHEREAS, it is to the mutual benefit of the County and the City to provide public parks
for the residents of the County and the City; and
WHEREAS, the County owns a 16.7519 acre tract of land in the Hanky Whiting League,
Abstract No. 840, in Harris County, Texas, the 16.7519 acre tract being described in a Warranty
Decd, from Kingsway Finance Corporation to the County, dated December 9, 1983 and filed for
record August 29, 1984 at County Clerk's File No. J671050 and Film Code No. 092 -95 -2433 in
the Official Public Records of Real Property of Harris County, Texas, and being more
particularly described by metes and bounds in Exhibit "A" attached hereto; and
WHEREAS, the County desires to devote the 16.7519 acre tract to public park purposes,
if the City operates and maintains the tract as provided herein; and
WHEREAS, the City desires to operate and maintain the 16.7519 acre Iract as a public
park, in accordance with the City's park rules and regulations, if the County devotes the tract to
such purpose:
NOW, THEREFORE, in consideration ofthe mutual covenants, agreements, and benefits
to both parties, it is agreed as follows:
The City may use the 16.7519 acre tract of land, hereinafter designated the "Park," for
public park and recreational purposes for a period of twenty -five (25) years, beginning February
1, 2010 and ending January 31, 2035, unless terminated earlier as provided herein.
In consideration of the City's use of the Park, the City will maintain, or cause to be
maintained, the Park during the twenty -five -year term of this Agreement to the same extent as
the City maintains, or causes to be maintained, other City parks.
The City does not have any funds appropriated for the performance of this Agreement,
but contemplates performing its obligations hereunder out of its current budget for the
maintenance and operation of parks. Further, the City is not obligated to appropriate any funds
now, or in the future, for any construction, operation, or maintenance of the Park, and all
improvements to the Park are at the City's sole discretion. The City will not make any major or
permanent improvements to the Park without the prior written consent of the County.
ILIVA
During the term of this Agreement, the City has control and supervision of the Park, and
the Park will be operated according to the City's park rules and regulations. No person will be
denied the use of the Park because of race, creed, national origin, religion, color, or sex.
V.
The County may, but shall not be obligated to, contribute funds and /or materials and
supplies for the operation and maintenance of all or any portion of the Park from time -to -time
during the term of this Agreement.
M
The City will pay for, or cause to be paid, the utilities at the Park. The City will comply
Nvith all valid laws, ordinances, regulations, and other requirements, now or hereafter in force, of
all federal, state, and local governmental bodies and agencies which are applicable to the Park,
and nothing contained herein shall be construed to require the County to make any alterations,
modifications, or repairs to the Park required by any building code or other federal, state, and
local laws, ordinances, regulations, and other requirements.
VII.
Any improvements constructed or placed upon the Park shall be removed, or caused to be
removed, by the City within ninety days after termination of this Agreement. In the event the
improvements are not removed within the ninety -clay period, such improvements shall become
the property of the County.
VIII.
Notwithstanding any other provisions of this Agreement, either party may terminate this
Agreement, with or without cause, upon giving the other party at least six months prior written
notice.
I\.
Any notice permitted or required to he given by the City to the County 11erCUnder may he
Yyen by registered or certified United State; mail. postage prepaid. return receipt requested,
addressed to I-lards County. Attention: County Judge. Harris County Administration Building.
1001 Preston. Uth Floor, I- louston. Teas 77002. with a photocopy to Harris County
Commissioner. Precinct ?. Attention: Park Superintendent, Harris C'OUnt \' Aehninistration
I3uildin�', 1001 PCCSIOII, 9111 Floor, Houston. 'teas 77002. Any notice permitted or required to
he giyen by the County to the City hereunder may be given by registered or certified United
States mail, postage prepaid. return ree6pt requested, addressed to City of Baytown, Attention:
Mayor. 2401 \Market Street, Baytown, Texas 77521 m ith a photocopy to Director of Parks and
Recreation. City of Baytow. ? -101 IMarket Street, Baytown. Texas 77520. Notice is considered
given and completed upon deposit ol" the notice in a receptacle re4�ularly maintained by the
United States Postal ScrOce. Either party play change its address pursuant to this article upon
written notice to the other party.
X.
This instrument contains the entire agreement between the parties relwhy to the dons
herein granted and the obligations herein assumed. Any modifications concerning this
Agreement shall he of no force and c11ect excepting_ a subsequent modification in writing, signed
by all parties hereto.
IN TESTIN-1O \Y 01: WHICH. this Agmement has heen executed in triplicate originals,
each to have the same force and effect, as lollo%ys:
A. It has been executed on behalf of the County on the day of
_ 2010. by the County Judge of I-i-arris County, Teas, pursuant to an order
of the Cim! issioners Count) f I larris County. 'I'csas. authorizing, such execution. and
B. It has been executed on behalf of the City on the _ day of
_'010, by its \Mayor, and attested by its City Clerk. pursuant to an
ordinance ofthe City Council of the City of 13aytoWn a Lit horixin.: such cx Celli ion.
1PPROVED AS TO 1:0101:
VINCE RYAN
County Attorney
B AMI
\-I. SCOTT QRESK
Assistant County Attorney
3
HA COLINTY
lay
ED E \q NI E'I" f
County Judge
ATTEST:
LETICIA GARZA
City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
CITY OF BAYTOWN
By
STEPHEN H. DONCARLOS
Mayor
COUNTERSIGNED:
Printed Name:
Director, City Finance Department
THEIICE South 00003'24" best, along the common line of the herein described
tract and Y.ountry Klub Village. Sections 1 and 2, as recorded in Volume 153,
Page 6 and Volume 164, Page 30, respectively, of the neap records of Barris
County, Texas, a distance of 1794.80 feet to a 1/2 inch iron rod found for
corner;
THENCE North 89033'00" :lest, a distance of 204.65 feet to a 5/8 inch iron
rod set for corner;
THENCE North 00027'00' East, a distance of 53.69 feet to a 5/8 inch iron
rod set for corner;
THEIICE North 89019'00" West, a distance of 245.76 feet to the PLACE OF BE-
G1111111tG of the herein described tract and containing vithin these calls
16.7519 acres of land.
WITNESS HY HAND AI:D SEAL THIS 1HE 117H DI;Y OF APP. 1L
OF r —
1
1... .. ...
BILLY 't. r'0 cR Y. rO5T�3
Register Public Surveyor No. 1609 twee` "'j
�. •1111. o-
HUNICIPAL SURVEYING COMPANY, INC. tv.
Div. of Billy R. Foster b Associates Surveying;:lR�Ly✓
3429 Federal
Pasadena, Texas 77504
PHONE N0. (713) 941 -0070
Rt:oonOFR9 MEMORANDUM:
At thO 1M. at twwdatl— thh t-uumanl w0%
9pindtobolned114ttw11farUmbtxad "
reptaduoikM bwz+34 of 108410ty. Cwtor, or
00001. dUcoldte4 papOt, ol� All DI xKwln,
IbN�dyng*,_*V *r4Sjlhsl1me
V% uutrjM6r111n11 93114 and MCM4ed.
Jae No. 1s19 -a3
EXi•IIBIT "A"
a.0., 1984.
1 °`'
MAY 18
DC SCR IPT10r,
Of 16.7519 acres of land auL of that certain 128.66 acre tract described as
Tract 111 by deed dated 77th September, 1960, from Goose Creelc DeveloF+nent
Cumpanv, to Lydia -Jo Constroc t o n Company, recorded in Volume 4159, Page
561 of the Deed Records of Harris County, Texas, said 16.7519 acre tract
being in the Harvey iihiling Leaau4, Abstract 860, 8tytourn, Harris County,
Texas, and being tttt,re particularly described by �eles and hounds as follows:
BLGIIUIII.% at a 5/8 inch iron rud set for tdrt.er in the Cast line of Village
Latte (60.00 foot Right- Of -1:6y) said iron rod being located i:bt'th 00003'14"
Cast, a distance of 120.00 feel from the intersectiun of said fast line And
Lhe Horth line of Baker Rtiad (80.00 foot Right- 01`4.ay);
n
LO
THENCE Ilurth 00 03'24 East, along said East line of Village Lane, a distance
1''J
of 1457.84 feet to a 5/8 inch iron rod set for corner, said iron rod being
Vr
at the intersection of said East line and the centerline of a 30 foot aide
U1
Diamond Alkali Easement as described in Volume 1639, Page 87 of the Deed Re-
1
cords of Harris County, Texas. and as modified and defined by agreements re-
X_
corded in Volume 3190, Page 543, in Volume 3430. Page 103, and in volume
w
3512. Page 274 of said Dead Records;
111E10E I:urth 57047.00" East, along the centerline of said Diamond Alkali EaEc.
vent, a distance of 532.2i feet to a 5/8 inch iron rod set for corner;
THEIICE South 00003'24" best, along the common line of the herein described
tract and Y.ountry Klub Village. Sections 1 and 2, as recorded in Volume 153,
Page 6 and Volume 164, Page 30, respectively, of the neap records of Barris
County, Texas, a distance of 1794.80 feet to a 1/2 inch iron rod found for
corner;
THENCE North 89033'00" :lest, a distance of 204.65 feet to a 5/8 inch iron
rod set for corner;
THENCE North 00027'00' East, a distance of 53.69 feet to a 5/8 inch iron
rod set for corner;
THEIICE North 89019'00" West, a distance of 245.76 feet to the PLACE OF BE-
G1111111tG of the herein described tract and containing vithin these calls
16.7519 acres of land.
WITNESS HY HAND AI:D SEAL THIS 1HE 117H DI;Y OF APP. 1L
OF r —
1
1... .. ...
BILLY 't. r'0 cR Y. rO5T�3
Register Public Surveyor No. 1609 twee` "'j
�. •1111. o-
HUNICIPAL SURVEYING COMPANY, INC. tv.
Div. of Billy R. Foster b Associates Surveying;:lR�Ly✓
3429 Federal
Pasadena, Texas 77504
PHONE N0. (713) 941 -0070
Rt:oonOFR9 MEMORANDUM:
At thO 1M. at twwdatl— thh t-uumanl w0%
9pindtobolned114ttw11farUmbtxad "
reptaduoikM bwz+34 of 108410ty. Cwtor, or
00001. dUcoldte4 papOt, ol� All DI xKwln,
IbN�dyng*,_*V *r4Sjlhsl1me
V% uutrjM6r111n11 93114 and MCM4ed.
Jae No. 1s19 -a3
EXi•IIBIT "A"
a.0., 1984.
1 °`'
MAY 18