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:
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(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
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