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Ordinance No. 13,720ORDINANCE NO. 13,720 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE ACQUISITION OF CERTAIN PROPERTIES FOR THE SAN JACINTO BOULEVARD EXTENSION PROJECT; AUTHORIZING ADDITIONAL PAYMENT TO HARRIS COUNTY IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO; 100 DOLLARS ($100,000.00); 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 the City Manager to execute the Third Amendment to the Interlocal Agreement with Harris County for the acquisition of certain properties for the San Jacinto Boulevard Extension Project. A copy of said amendment 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 HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) in accordance with the amendment authorized in Section 1 hereinabove. Section 3: This ordinance shall take effect immediately City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative Baytown this the 22"d day of March, 2018. �1 ATTEST: LEtICIA BRYSCH, City Clerk APPROVED AS TO FORM: rGAACI0 RAMIREZ, SR., C Attorney after its passage by the City Council of the City of DONCARLOS, IlcobfsOI%legaRKarenTilesTity Council.Ordinances\201 March 2213rdAmendment2HamsCountylnterlocal4SanJacintoBlvdPropertyAcquisition.doc Exhibit "A" THIRD AMENDMENT TO INTERLOCAL AGREEMENT (Transportation Right -of Way Administration) This Third Amendment to Interlocal Agreement ("Third Amendment") is made and entered into by and between Harris County, hereinafter called "County," and the City of Baytown, hereinafter called "City" pursuant to the Interlocal Cooperation Act, Tex. Gov't Code Ch. 791.001, et seq. The County and City may each be referred to individually herein as a "Party" or collectively as the "Parties". RECITALS: 1. On or about February 10, 2015, the County and the City entered into an Interlocal Agreement (CAO File No. 15GEN0045) to acquire right-of-way and/or additional right-of-way for future construction of roadway and drainage improvements for San Jacinto Boulevard from 200 linear feet south of Eastbound Interstate Highway 10 to 550 linear feet south of existing West Cedar Bayou -Lynchburg Road along Bush Road, hereinafter called the "Agreement". 2. On or about December 6, 2016 the County and City entered into a First Amendment to the Agreement, CAO File No. 16GEN0989, ("First Amendment") for the County to acquire two Additional Tracts of land as defined in the First Amendment and for the City to provide an additional $225,000.00 for the County's use to complete the acquisition of the Road ROW South, including the Additional Tracts. 3. On or about June 13, 2017 the County and City entered into a Second Amendment to the Agreement, CAO File No. 17GEN0932, ("Second Amendment") for the County to acquire two Additional Tracts of land as defined in the First Amendment and for the City to provide an additional $500,000.00 for the County's use to complete the acquisition of the Road ROW South, including the Additional Tracts. 4. The County is in the process of acquiring the Road ROW South, as defined in the Agreement, First Amendment, and Second Amendment. 5. The County has notified the City that the $1,225,000.00 previously provided by the City for acquisition of the Road ROW South, in accordance with the Agreement, the First Amendment, and the Second Amendment, will be insufficient to complete the acquisitions. 6. The City now desires to make an additional $100,000.00 available for the County's use to complete the acquisition of the Road ROW South,. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the Parties herein named, it is agreed as follows: TERMS: 1. Upon execution of this Third Amendment, the County will invoice the City for an additional $100,000.00, and the City shall remit its payment in such amount, to the County within thirty (30) days of its receipt of an invoice therefor, thus increasing the total amount available for the County's use to acquire the Road ROW South to ONE MILLION THREE HUNDRED TWENTY FIVE THOUSAND AND N0/100 DOLLARS ($1,325,000.00). If at any time before, during, or after the acquisition of the Road ROW South, it is determined that ONE MILLION THREE HUNDRED TWENTY FIVE THOUSAND AND N0/100 DOLLARS ($1,325,000.00) is insufficient to cover the costs incurred or to be incurred by the County for the Road ROW South, the City may: \\cobfs0l\legallKaren\FileslCity Council\Council Meeting PDF's\2018\March 22\18GEN0306 Interlocal_City of Baytown Amend No 3_3 2 18—DL-Final (2).doc (a) Provide such additional funding as necessary to cover the entire amount of the additional costs, whereby County will continue the acquisitions upon receipt of the additional funding; or (b) Choose not to provide such additional funding, whereby the Agreement, First Amendment, Second Amendment, and this Third Amendment will terminate upon written notice from the City of its decision to not pay the additional funding. If this option is exercised, the City shall pay for all expenses of the County incurred up to the date of termination less any previous payments made by the City to the County under the Agreement, First Amendment, Second Amendment, and/or this Third Amendment. 2. The remainder of the Agreement, First Amendment, and Second Amendment shall remain in effect as originally written. If there is any conflict between the Agreement, the First Amendment, the Second Amendment, and/or this Third Amendment, this Third Amendment controls. IN TESTIMONY OF WHICH, this Third Amendment, in duplicate counterparts, each having equal force and effect of an original, has been executed on behalf of the Parties hereto as follows, to -wit: a. It has on the day of 2018, been executed on behalf of the County by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County authorizing such execution. b. It has on the day of , 2018, been executed on behalf of the City by its Mayor and attested by its City Clerk, pursuant to ordinance of the City Council of the City of Baytown authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY VINCE RYAN County Attorney ATTEST: LIN Pegi S. Block Assistant County Attorney C.A. File No.: 18GEN0306 LETICIA BRYSCH City Clerk ED EMMETT County Judge CITY OF BAYTOWN STEPHEN H. DONCARLOS Mayor .cobSOI %legal• Karen`•.Files'•City CouncilTouncil Meeting PDF's\2018\March 22`•18GEN0306_ Interlocal—City of Baytown_ Amend No 3_3 2 18_DL-Final (2).doc ORDER OF COMMISSIONERS COURT The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston. Texas, on , with all members present except A quorum was present. Among other business, the following was transacted. ORDER AUTHORIZING THIS THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN TO ACQUIRE RIGHT-OF- WAY AND /OR ADDITIONAL RIGHT-OF-WAY FOR FUTURE CONSTRUCTION OF ROADWAY AND DRAINAGE IMPROVEMENTS FOR SAN JACINTO BOULEVARD FROM 200 LINEAR FEET SOUTH OF EASTBOUND INTERSTATE HIGHWAY 10 TO 550 LINEAR FEET SOUTH OF EXISTING WEST CEDAR BAYOU-LYNCHBURG ROAD ALONG BUSH ROAD, IN PRECINCT 2 Commissioner introduced an order and moved that Commissioners Court adopt the order. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Judge Ed Emmett Comm. Rodney Ellis Comm. Jack Morman Comm. Steve Radack Comm. R. Jack Cagle Yes No Abstain ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 adopted follows: IT IS ORDERED that: 1. The Harris County Judge is authorized to execute on behalf of the County the attached Third Amendment to the Interlocal Agreement with the City of Baytown to acquire right-of-way and /or additional right-of-way for future construction of roadway and drainage improvements for San Jacinto Boulevard from 200 linear feet south of Eastbound Interstate Highway 10 to 550 linear feet south of existing West Cedar Bayou -Lynchburg Road along Bush Road, in Precinct 2. 2. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purposes of this order.