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Ordinance No. 14,995 ORDINANCE NO. 14,995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE HARRIS COUNTY
FLOOD CONTROL DISTRICT FOR THE CEDAR BAYOU LYNCHBURG SUB-
REGIONAL STORMWATER DETENTION PROJECT; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION
FIVE HUNDRED FIFTY THOUSAND AND NO 100 DOLLARS ($1,550,000.00);
MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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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 and directs
the City Manager to execute and the City Clerk to attest to an interlocal agreement with the Harris County
Flood Control District for the Cedar Bayou Lynchburg Sub-Regional Stormwater Detention Project. A
copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Harris County
in an amount not to exceed ONE MILLION FIVE HUNDRED FIFTY THOUSAND AND N0100
DOLLARS ($1,550,000.00) in accordance with the agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25%)•
Section 4: 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 January,2022.
BRANDON CAPETILL ,Mayor
ATTEST: GGgNYTOWIy
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GELA ACKSON, City Cl o s V
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APPROVED AS TO FORM:
TREVOR FATNING, Interim City Attorney
R:\Karen Anderson ORDINANCES1202I\2021.01.13\HCFCDlnterlocal-CedarBayouLynchburgSub-RetionalStortnwaterDetentionProject.docx
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EXHIBIT "All HCFCD Agreement Number 2022-64
INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et
seq. (the Interlocal Cooperation Act), by and between City of Baytown, a body corporate and
politic under the laws of the State of Texas, located within Harris County, and hereinafter referred
to as the"City,"and the Harris County Flood Control District, a body corporate and politic under
the laws of the State of Texas, hereinafter referred to as the "District," each a "Party" to this
Agreement, and are collectively referred to herein as the "Parties."
WITNESSETH:
WHEREAS, the City desires to acquire property for a proposed stormwater detention basin to
mitigate the impacts of increased flows from road improvements in the area through the Cedar
Bayou Sub-Regional Stormwater Detention Basin Right-of-Way Acquisition Project("Project") as
depicted on attached Exhibit A; and
WHEREAS, the District, whose mission is to provide flood damage reduction projects that work
with appropriate regard for community and natural values, desires to contribute to the Project to
mitigate the impacts of channel improvements along Goose Creek; and
WHEREAS, the parties through this Agreement, will purchase property, the detention basin
construction will be the subject of a separate agreement; and
WHEREAS, it is the intention of the parties, that when the basin is built,the City will have 18-acre
feet to mitigate road improvements and the District will use the remaining detention volume to
mitigate the impacts of proposed channel improvements along Goose Creek; and
WHEREAS, the District is willing to acquire the property for the Project; and
WHEREAS, the City estimates the Project cost to be $3,100,000.00, as shown in attached
Exhibit B, and the City is willing to contribute a maximum of $1,550,000.00 ("City Contribution")
toward the Project cost; and
WHEREAS,the District desires to contribute a maximum of$1,550,000.00("District Contribution")
toward the Project cost; and
WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for
the use and benefit of the public.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the
Parties, the Parties agree as follows:
I.
Within 45 days of the execution of this Agreement, the City shall pay the District $1,550,000.00
as the City Contribution to the Project. The District will contribute $1,550,000.00 as the District
Contribution to the Project.
II.
Once the funds have been deposited, the Parties will identify the Project property and the District
will acquire the property in fee simple title to the District, using District acquisition procedures. If
the cost of the Project is more than the estimated cost, the District,with approval of Harris County
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HCFCD Agreement Number 2022-64
Commissioners Court, will pay half the amount of the cost increase over the estimated amount,
and the City, with approval by City Council, will pay half the amount of the cost increase over the
estimated amount. If either party does not agree to pay half the amount of the cost increase,either
party may terminate this Agreement pursuant to paragraph IV herein. Once the property is
acquired, the District will maintain it.
III.
The Parties clearly understand and agree, such understanding and agreement being of the
absolute essence to this Agreement, that:
1. the District shall have available the total maximum sum of ONE MILLION FIVE HUNDRED
FIFTY THOUSAND AND NO/100 DOLLARS($1,550,000.00)specifically allocated to fully
discharge any and all liabilities that may be incurred by the District pursuant to the terms
of this Agreement, and that any cost increases in the Project to be paid by the District
must first be approved by Harris County Commissioners Court and certified as available
by the County Auditor; and
2. the City shall have available the total maximum sum of ONE MILLION FIVE HUNDRED
FIFTY THOUSAND AND NO/100 DOLLARS ($1,550,000.00)specifically allocated to fully
discharge any and all liabilities that may be incurred by the City pursuant to the terms of
this Agreement, and that any cost increases in the Project to be paid by the City must first
be approved by City Council of the City of Baytown and certified as available by the City's
Director of Finance.
IV.
The City or the District may terminate this Agreement, without cause, upon 30 days'written notice
to the other Party until such time as the District begins the property acquisition process, in which
case any unspent portion of the City Contribution shall be returned to the City in a timely manner.
Once the property acquisition process has started and the City terminates this Agreement, any
unspent portion of the City Contribution shall be returned to the City in a timely manner and (i)the
District may continue with the Property acquisition itself and use the Property for its own purposes
or(ii) it can terminate the property acquisition process and the City will pay any costs associated
with terminating the property acquisition. Once the property acquisition process has started and
the District terminates this Agreement, the District will return to the City the City Contribution and
the District will be responsible for any costs associated with terminating the property acquisition.
In this Agreement, the parties agree that when Harris County Commissioners Court has declared
a public necessity for the property is when the property acquisition process has started.
V.
All notices and communications under this Agreement shall be mailed by certified mail, return
receipt requested, or delivered to the District at the following address:
Harris County Flood Control District
9900 Northwest Freeway
Houston, Texas 77092
Attention: Executive Director
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HCFCD Agreement Number 2022-64
All notices and communications under this Agreement shall be mailed by certified mail, return
receipt requested, or delivered to the City at the following address:
City of Baytown
2401 Market St.
Baytown TX 77520
Attention: City Manager
VI.
No Party hereto shall make, in whole or in part,any assignment of the Agreement or any obligation
hereunder without the prior written consent of the other Parties.
VI I.
This instrument contains the entire agreement between the Parties relating to the rights herein
granted and the obligations herein assumed. Any modifications concerning this instrument shall
be of no force or effect, excepting a subsequent modification in writing, signed by the Parties
hereto.
Vill.
If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality
or validity of any of the provisions hereof. The illegal or invalid provisions will be deemed stricken
from this Agreement and deleted to the same extent and effect as if never incorporated herein.
EXECUTED on December 14, 2021
APPROVED AS TO FORM:
CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL
Harris County Attorney DISTRICT
DocuSigned byE F16ywbloth (AUL
By: D9FE318CE1BA4Be By:
LAURA FIORENTINO CAHILL LINA HIDALGO,
Senior Assistant County Attorney County Judge
ATTEST: CITY OF BAYTOWN
By: By:
Name: Name:
Title: Title:
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EXHIBITS
CEDAR BAYOU SUB-REGIONAL STORMWATER DETENTION BASIN
Estimated Project Cost
Description Totals
ROW acquisition $3,100,000
Project Total $3,100,000
Baytown Share(50%) $1,550,000
Harris County Share(50%) $1,5501000
B-1
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HCFCD Agreement Number 2022-64
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
Harris County Administration Building in the City of Houston, Texas, on
December 14, 2021 , with the following members present, to-wit:
Lina Hidalgo County Judge
Rodney Ellis Commissioner, Precinct No. 1
Adrian Garcia Commissioner, Precinct No. 2
Tom S. Ramsey, P.E. Commissioner, Precinct No. 3
R. Jack Cagle Commissioner, Precinct No. 4
and the following members absent, to-wit: none constituting a
quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN CITY OF BAYTOWN AND
THE HARRIS COUNTY FLOOD CONTROL DISTRICT
Commissioner Garcia introduced an order and made a motion that
the same be adopted. Commissioner Ramsey seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
Yes No Abstain
AYES: Judge Lina Hidalgo %71 []
NAYS: Comm. Rodney Ellis V] 0
ABSTENTIONS: Comm. Adrian Garcia FV] 0
Comm. Tom S. Ramsey, P.E.
Comm. R. Jack Cagle © E-1
The County Judge thereupon announced that the motion had duly and lawfully carried and that
the order had been duly and lawfully adopted. The order thus adopted follows:
WHEREAS, the City desires to acquire property for a proposed stormwater detention
basin to mitigate the impacts of increased flows from road improvements in the area through the
Cedar Bayou Sub-Regional Stormwater Detention Basin Right of Way Acquisition Project
("Project") as depicted on attached Exhibit A; and
WHEREAS, the District,whose mission is to provide flood damage reduction projects that
work with appropriate regard for community and natural values, desires to contribute to the Project
to mitigate the impacts of channel improvements along Goose Creek; and
WHEREAS, the District is willing to acquire the property for the Project; and
Presented to Commissioners Court
December 14, 2021
Approve: G/R
DocuSign Envelope ID:3C37A758-03AB-4649-A9AD-29D6246A5BC5
HCFCD Agreement Number 2022-64
WHEREAS,the City estimates the Project cost to be$3,100,000.00, as shown in attached
Exhibit B, and the City is willing to contribute a maximum of$1,550,000.00 ("City Contribution")
toward the Project cost; and
WHEREAS, the District desires to contribute a maximum of $1,550,000.00 ("District
Contribution")toward the Project cost; and
WHEREAS, it is to the mutual benefit of the City and the District to enter into this
Agreement for the use and benefit of the public.
NOW,THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: County Judge Lina Hidalgo is hereby authorized to execute for and on behalf of
the Harris County Flood Control District, an Interlocal Agreement by and through
the Harris County Flood Control District and the City of Baytown, said Agreement
being incorporated herein by reference for all purposes as though fully set forth
verbatim herein.
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