Ordinance No. 1,207ORDINANCE NO. 1207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT
FOR JOINT PARTICIPATION IN A COMPREHENSIVE DRAINAGE
STUDY, OBLIGATING HARRIS COUNY FLOOD CONTROL DISTRICT
TO PAY TO THE CITY OF BAYTOWN THE SUM OF FORTY -FIVE
THOUSAND AND NO /100 ($45,000) DOLLARS AS ITS PROPORTIONATE
SHARE OF THE TOTAL COST OF NINETY THOUSAND AND NO /100
($90,000) DOLLARS, AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the City Council of the City of Baytown hereby
authorizes and directs the Mayor of the City of Baytown to execute and
the City Clerk of the City of Baytown to attest to a contract with HARRIS
COUNTY FLOOD CONTROL DISTRICT for joint participation in a drainage study
for the City of Baytown and adjacent portions of Harris County, obligating
the Harris County Flood Control District to pay to the City of Baytown
Forty -Five Thousand and No /100 ($45,000) Dollars as its share of the total
cost of Ninety Thousand and No /100 ($90,000) Dollars for said study and
setting out the method of payment. A copy of the above referred to contract
being attached hereto, marked Exhibit "A" and made a part hereof for all
intents and purposes.
Section 2: This ordinance shall take effect 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
Cau nciT of the City of Baytown on this 6th day of April ,
I972.
C. GLEN WALKER, Mayor
ATTEST,
EDNA OLIVER, City Clerk
APPROVED:
NEEL RICHARD N, City Attorney
,hupl4sate Original.
AGREEMENT BETWEEN HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE
CITY OF BAYTOWN FOR JOINT PARTICIPATION IN A COMPREHENSIVE
STUDY OF DRAINAGE FOR THE CITY OF BAYTOWN AND ADJACENT PORTIONS
OF HARRIS COUNTY.
HARRIS COUNTY FLOOD CONTROL DISTRICT, hereinafter called "District"
and the CITY OF BAYTOWN, hereinafter called "City ", agree as follows:
I.
It is to the mutual benefit of the District and the City that a com-
prehensive study of drainage for the City of Baytown and adjacent portions of
Harris County be made, both within and without the boundary of the City. The
duties of the District to maintain outfall ditches within the county occasions
the District's specific interest in a complete study and report on the Baytown
area watersheds within its jurisdiction.
II.
The City will enter into a contract with Bernard Johnson Incorporated,
Houston, Texas, for a comprehensive study of drainage for the City of Baytown,
and adjacent portions of Harris County, specifically including a study of
Baytown area watersheds. In said contract, the City will agree to pay
Bernard Johnson Incorporated the total fee of Ninety Thousand and No /100
($90,000.00) Dollars for the preparation of the Comprehensive Drainage Plan
with payment by the City to be made monthly, upon submittal by Bernard Johnson
Incorporated of a statement of percentage of work completed, subject to the
retention of one -sixth of the total fee until completion of the Comprehensive
Drainage Plan and acceptance of the study as hereinafter provided. Copies
of the proposal by Bernard Johnson Incorporated and the City's contract
shall be furnished to the District and that portion concerning the study
of Baytown area watersheds will be approved by the Engineer for the District
prior to consumation of the contract.
III.
The Director of Public Works for the City will initially determine when
the percentage of work set forth in the engineers monthly statement is completed
and when the entire Comprehensive Drainage Plan for the Baytown area watersheds
has been completed. Upon receipt of a monthly statement, he will deliver to
the District's Engineer all relevant information and data for his study and
concurrence. When the Engineer for the District is satisfied that the percentage
of work which is the subject of the invoice has been completed in accordance
with the terms of the contract, he will so advise the Director of Public Works
by written certification of acceptance by the District. When the Comprehensive
Drainage Plan is completed and after receipt of a final statement, the Director
of Public Works will deliver to the District's Engineer all relevent information
and data for his study and concurrence. When the Engineer for the District is
satisfied that the Comprehensive Drainage Plan has been completed in accordance
with the terms of the contract, he will so advise the Director of Public Works
by written certification of acceptance of the District. In the event that the
agreement between the City and Bernard Johnson Incorporated is terminated prior
to its completion, the City shall deliver to the District's Engineer copies of
all completed or partially completed designs, plans, computations, specifications,
and work prepared under the agreement between the City and Bernard Johnson Incor-
porated which the City may receive from Bernard Johnson Incorporated upon such
termination. Upon completion of the study fifteen (15) finished copies of the
report and of the principal map exhibits resulting from this study shall be
furnished by the City to the Engineer for the District, as soon as such report
and maps are available.
IV.
The estimated cost to the City of the entire contract covering the
proposed Comprehensive Drainage Plan is Ninety Thousand and fro /100 ($90,000.00)
Dollars and the District agrees to pay the City fifty (50 %) percent of that
amount by paying to the City fifty (50%) percent of the monthly statements
submitted by Bernard Johnson Incorporated at the time of certification of ac-
ceptance by the Engineer for the District of a percentage of the work completed,
and upon completion of the contract, by paying fifty (50 %) percent of the unpaid
balance. In the event the contract is terminated prior to completion, the District
will pay fifty (50 %) percent of the amount owed for the work performed after
certification of acceptance by the District's Engineer. It is specifi-
cally provided, however, that in no event shall the District be liable
under this agreement for any amount in excess of Forty -Five Thousand
and no /100 ($453000.00) Dollars, regardless of the actual cost of the
entire contract covering the proposed Comprehensive Drainage Plan
as completed and performed by Bernard Johnson Incorporated.
Lip
Payment for such work will be made by District to City upon
acceptance by the Distri .ct of the percentage of work completed as
indicated by the certification of acceptance by the Engineer for the
District, final payment to be made by District to City upon acceptance
of the District's Engineer of the hereinbefore referred to work, and
upon presentation of an itemized invoice upon which the following
certification shall be made: "This is to certify that the services
covered by this invoice have been furnished to the Harris County
Flood Control District and that payment has not been received."
IN TESTIMONY WHEREOF, this instrument has been executed in
duplicate originals, each to have the force and effect of an original,
as follows:
(a) It has on the day of
, A. D.,
19 , been executed on behalf of the Harris County Flood Control
District by the County Judge of Harris County, Texas, pursuant to
Order of the Commissioners Court of Harris County, Texas, (acting
as the governing body of the Harris County Flood Control District)
so authorizing; and
(b) It has on the day of
� A. D.>
19 , been executed by its Mayor and attested by City Secretary,
pursuant to an Ordinance of the City Council of the City of Baytown
authorizing such execution.
HARRIS COUNTY FLOOD CONTROL DISTRICT
By:
BILL ELLIOTT, County Judge,
Harris County, Texas
-_.
-3-
M
ATTEST:
CITY SECRETARY, City of
Baytown, Texas
APPROVED AS TO FORM:
�Q�tant County Attorney,
`Harris County, Texas
City Attorney, City of
Baytown, Texas
CITY OF BAYTOWN
MAYOR, City of Baytown, Texas
I hereby certify that funds are
available in the amount of $45,000.00
to pay the obligation of the Harris
County Flood Control District, under
the within and foregoing Contract.
COUNTY AUDITOR, Harris County, Texas
I hereby certify that funds are
available in the amount of $45,000.00
to pay the obligation of the City of
Baytown, Texas, under the within and
foregoing Contract.
DIRECTOR OF FINANCE, City of Baytown,
Texas
-4-
ORDER AUTHORIZING COUNTY JUDGE BILL ELLIOTT TO
EXECUTE AN AGREEMENT BETWEEN HARRIS COUNTY
FLOOD CONTROL DISTRICT AND THE CITY OF BAYTOWN
FOR JOINT PARTICIPATION IN A COMPREHENSIVE
STUDY OF DRAINAGE FOR THE CITY OF BAYTOWN AND
ADJACENT PORTIONS OF HARRIS COUNTY.
THE STATE OF TEXAS )
COUNTY OF HARRIS )
On this, the day of , 1972, at a regular
meeting of the Commissioners Court of Harris County, Texas, sitting as
the-governing body of the Harris County Flood Control District, upon
motion of Commissioner , seconded by Commissioner
duly put and carried,
It is ORDERED that County Judge Bill Elliott be authorized, and he
is hereby authorized, to execute for and on behalf of the Harris County
Flood Control District an Agreement between said Harris County Flood
Control District and the City of Baytown for joint participation in a
comprehensive study of drainage for the City of Baytown and adjacent
portions of Harris County, with the Flood Control District's obligation
not to exceed $45,000.00, all as set forth in the attached Agreement,
being incorporated herein by reference and made a part hereof for all
intents and purposes, as if fully set forth herein word for word.
STATE OF TEXAS
COUNTY OF HARRIS )
13 R. E. TURRENTINE, JR., County Clerk and Ex Officio Clerk of the
Commissioners Court of Harris County, Texas, do hereby certify that the
above and foregoing is a true and correct copy of an Order of
Commissioners Court of , 1972, as same appears of
record in Volume , Page
Court of Harris County, Texas.
, Minutes of the Commissioners
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Houston, Harris County,
Texas, this the day of
:Z
1972.
R. E. TURRENTINE, JR., County Clerk
and Ex Officio Clerk of the..
Commissioners Court of Harris County,
Texas.
Deputy