Loading...
CC Resolution No. 1650 38 RESOLUTION NO. 1650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE CHAMBERS COUNTY-CEDAR BAYOU NAVIGATION DISTRICT CONCERNING THE PROPERTY BETWEEN HIGHWAY 146 AND CEDAR BAYOU FORMERLY OPERATED AS A MUNICIPAL LANDFILL IN ORDER TO ACHIEVE THE GOALS OF (1) DEEPENING AND WIDENING THE NAVIGATION CHANNEL TO ENHANCE ITS NAVIGABILITY AND IMPROVE THE SAFETY OF BARGE TRAFFIC NOW USING THE BAYOU AND (I1) MAKING CERTAIN REMEDIATION MEASURES INVOLVING THE STABILIZATION OF THE PROPERTY FRONTING ON CEDAR BAYOU; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown owns certain real property between Highway 146 and Cedar Bayou (the"Bayou") formerly operated as a municipal landfill, (the "Property"); and WHEREAS, because of the condition of the Property, certain remediation measures have been planned involving the stabilization of the Property fronting on the Bayou; and WHEREAS, the Chambers County-Cedar Bayou Navigation District (the "District") is a navigation district organized and operating under the Constitution and statutes of the State of Texas; and WHEREAS, the District is engaged in a Project (the "Project") to deepen and widen the navigation channel to enhance its navigability and improve the safety of barge traffic now using the Bayou; and WHEREAS, the U.S. Army Corps of Engineers requires bend easing to be accomplished as part of the Project design in certain portions of the Bayou; and WHEREAS, the District's Project presents an opportunity for the District and the City to cooperate in achieving the goals of each with respect to bend easing on and stabilization of the Property; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Manager negotiate an agreement with the Chambers County- Cedar Bayou Navigation District concerning the property between Highway 146 and Cedar Bayou formerly operated as a municipal landfill in order to achieve the goals of (i) deepening and widening the navigation channel to enhance its navigability and improve the safety of barge traffic now using the Bayou and (ii) making certain remediation measures involving the stabilization of a portion of the Property fronting on Cedar Bayou. Such agreement shall provide for the following: 39 (a) the taking by the District of a portion of the Property for bend easing purposes; (b) the assumption by the City of a portion of the cost to stabilize the Property in a manner consistent with the requirements of the U.S. Army Corps of Engineers and the recommendations of City engineering department and consultants to eliminate exposed landfill products on the Property; and (c) the disposition by the District of the soil taken to achieve the foregoing objectives. 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 vote of the City Council of the City of Baytown this the 131h day of May, 2004. PETE C. ALFARO, Ma or ATTEST: t3 Y VmMITIi, City Clerk APPROVED AS TO FORM: ftf NACIO RAMIREZ, SR., r y Attorney FAKaren\Files\City Council\Resolutions\NavagationDistrictResolution.doc 2