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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. ************************************************************************************* 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 O`eeeeeee°ooe°oe OA, 0 00 e ,^ GELA ACKSON, City Cl o s V o /teaall APPROVED AS TO FORM: TREVOR FATNING, Interim City Attorney R:\Karen Anderson ORDINANCES1202I\2021.01.13\HCFCDlnterlocal-CedarBayouLynchburgSub-RetionalStortnwaterDetentionProject.docx DocuSign Envelope ID:3C37A758-03AB-4649-A9AD-29D6246A5BC5 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 1 DocuSign Envelope ID:3C37A758-03AB4649-A9AD-29D6246A5BC5 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 2 DocuSign Envelope ID:3C37A758-03AB-4649-A9AD-29D6246A5BC5 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: 3 DocuSign Envelope ID:3C37A758-03AB-4649-A9AD-29D6246A5BC5 HCFCD Agreement Number 2022-64 x f i; i n 11 3 11 11 q I 930 I eRl FFi� 2 o , F � 0 3 N W m m W J W V fQG Ix r. F r O ' 3 0 A-1 DocuSign Envelope ID:3C37A758-03AB4649-A9AD-2906246A5BC5 HCFCD Agreement Number 2022-64 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 DocuSign Envelope ID:3C37A758-03AB-4649-A9AD-29D6246A5BC5 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. eng Baytown 0100 2022-64.docx 0114-00-00 0113-00-00 o ..L R A 0112-00-00 �u N O 00 0 z �o i 0,28-p0-00 W CEDAR BAYOU L.YNCNBURO Ro 0111 J. 05 042.-0 I irk I R Baytown 0 0111-00-00 N Feet 0 250 500 1,000 Project ID: 0 1 00-00-00-RO02 Pct:2 $RM Watershed: Spring Gully & Goose Creek Pct.3 DT IMI O CT Map Precinct: 2 _ Pct. . ' IS'If11