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Ordinance No. 1,291ORDINANCE NO. 1291 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 FOR THE SUM OF EIGHTY -ONE THOUSAND FIVE HUNDRED AND NO /100 ($81,500.00) DOLLARS OR A SUM NOT TO EXCEED EIGHTY -ONE THOUSAND FIVE HUNDRED AND NO /100 ($81,500.00) DOLLARS PLUS TEN (10 %) PERCENT AS THE CITY OF BAYTOWN'S PORTION OF THE JOINT PARTICIPATION BY THE CITY OF BAYTOWN AND HARRIS COUNTY FOR THE IMPROVEMENT OF BAKER ROAD AND PARK STREET, COUNTY ROADS, SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to a contract with HARRIS COUNTY for the payment by the City of Baytown of the cost of materials for the improvement of Baker Road and Park Street, the estimated cost being Eighty -One Thousand Five Hundred and No /1.00 ($81,500.00) Dollars, but in no event exceeding the sum of Eighty - Nine Thousand Six Hundred Fifty and No /100 ($89,650.00) Dollars, to Harris County, with Harris County to provide all labor and equipment necessary to make said improvements a copy of said contract marked Exhibit "A ", attached hereto and made a part hereof. 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 Council of the City of Baytown this 31st day of Octuber _ � 1972. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk BELINDA BINGHAM, Deput ity Clerk APPROVED: NEEL RIOHARDSON, City Attorney -2- E X H I B I T "A" AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN FOR JOINT PARTICIPATION IN THE IMPROVE- MENT OF PORTIONS OF PARK STREET AND BAKER ROAD THE STATE OF TEXAS COUNTY OF HARRIS Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes called "County," and the City of Baytown, a municipal corporation under the laws of the State of Texas, hereinafter some- times called "Baytown," agree as follows: 1. It is to the mutual benefit of the parties hereto that Park Street (a public road in the City of Baytown) from Decker Drive to Garth Road be im- proved as follows: Removing all existing surface and base material, constructing a Iine stabilized subgrade 6 inches thick and 24 feet wide, constructing a ce- ment stabilized shell base 8 inches thick and 24 feet wide, and constructing a hot mix hot laid asphaltic concrete surface 1 1/2 inches thick and 22 feet wide. 2. It is further to the mutual benefit of the parties hereto that Baker Road (a public road in the City of Baytown) from Decker Drive to Goose Creek be improved as follows: Removing all existing surface and base material, constructing a line stabilized subgrade 6 inches thick and 24 feet wide, con- structing a cement stabilized shell base 8 inches thick and 24 feet -side, and constructing a hot mix hot laid asphaltic concrete surface 1 1/2 inches thick and 22 feet wide. 3. It is further to the mutual benefit of the parties hereto that Baker Road (a public road in the City of Baytown) from Goose Creek to Garth Road and from Bayway Drive to Decker Drive be improved as follows: Leveling the surface the full width of the pavement with a minumum of 1 1/2 inches thickness of black base. 4. The estimated cost of the materials for the above mentioned im- provements is $81,500.00. Baytown agrees to contribute to the cost of said improvements an amount equal to the cost of the materials, but in no event to exceed $89,650 ($81,500.00 plus 10 %). 5. The County agrees to provide all the labor and equipment necessary to make the improvements, but in no event will the County be required or obligated to expend more than $89,650.00 in the performance of this agreement. 6. Within ten (10) days a7ter the execution of }his ;greament, Bayto ;;n will deliver to the County Treasurer its check:, payable to Harris County, in the amount of 181,500.00, said amount being the estimated cost of the materials as stated in paragraph 4 hereof. 7. In accordance with its usual procedure, the County will advertise for bids and purchase all the materials necessary for said improve- ments. S. The County agrees to complete the said improvements within eight (8) months from the date of this agreement. 9. It is understood and agreed that the County may make such minor changes in the materials to be used and the work to be done as the County Engineer deems necessary or desirable during construction. 10. After completion of the improvement project, the County Auditor shall send Baytown a statement stating the total cost of the materials used by the County for the above mentioned improvements. If the actual cost of the materials exceeds the amount previously paid to the County by Baytown, then Baytown shall pay the County the amount of such excess but in no event more than the total maximum sum of $29,60.00F Havc, e , if the actual cast of the materials is less than the amount previously paid to the County by Baytown, then the County will refund to Baytown the excess of the amount Baytown paid to the County over and above the actual cost of said materials. Any amount due and payable under this paragraph, shall he paid within 60 days after completion of the work or ail days after the County Auditor prepares the above mentioned statement, whichever is sooner. 1972. EXECUTED in duplicate originals, this day of , HARRIS COUNTY Ct!nty Ju 0e ATTEST: CITY OF €iAYTO'HIN TbTT-0C- ,, 1 ty Sc1crP P—r� f , :.'?, ayor APPROVED AS TO FORM: JEi: ORDER AUVORIZINn 07770N IF TRFEW7 iJ ,E ,i 5A MW! THE STATE OF TEXAS COUNTY OF HARRIS � On this, the day of 1972, the Commissioners Court of Harris County, Texas, being convened at a regular meeting of the Court, upon motion duly pine and carried, it is ORDERED that County Judge Bill Elliott, be, and he is, hereby authorized to execute, for and on behalf of Harris County, an agreement between Harris County and the City of Baytown for the improvement of portions of Parr Street and Baker Road, within the limits of the City of Baytown, under the terms and provisions set out in this agrezment, which agreement is here referred to and made a part hereof for all purposes as though fully set out herein. THE STATE OF TEXAS i COiINTY OF HARRIS I I, R.E. TWENTTME, 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 mane and entered by the Commissioners Court in requl ar session or the day of , 1972, as it appears of record in the Minutes o7saimrl Court,-Volume 771 GTVEN UNDER MY HAND AMD SEAL OF OFFICE, this the day of , 1912. R. E. TURRrWIME, :'R., County Clerk and Ex Officio Clerk of the Commissioners Court of Harris County, T e x a s By __� e p u t Y CERTIFICATE FOR ORDINANCE APPROVING CLAIM AND AUTHORIZING DELIVERY OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTIES OF HARRIS CITY OF BAYTOWN AND CHAMBERS § We, the undersigned officers of the City Council of the Citv of Baytown_ Texas. hereby certifv as follows: 1. The City Council of the City of Baytown, Texas, convened in Regular Meeting on the 26th day of October, 1972, in the City Hall, within said City, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Glen Walker Mayor Charles Pool Councilman Charlie 0. Walker Councilman Tom Gentry Councilman Allen Cannon Councilman Jody Lander Councilman Jim McWilliams Councilman Edna Oliver City Clerk and all of said persons were present except the following ab- sentees: Councilman Jim McWilliams , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE APPROVING CLAIM AND AUTHORIZING DELIVERY OF CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council and read in full. After due discussion, it was then duly moved and seconded that said ordinance be adopted; and said motion carried by the following vote: AYES: All members of said City Council shown present above voted "Aye." NOES: None. 2. That a true, full, and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said ordinance has been duly recorded in said City Council's minutes of said meeting; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and per- sonally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said ordinance would be introduced Page 1 of 2 pages and considered for adoption at said meeting; that said meeting was open to the public as required by law; and that public notice of the time, place, and subject of said meeting was given as required by Article 6252 -17, Vernon's Texas Civil Statutes, as amended. 3. The Mayor of said City has approved, and hereby approves, the aforesaid ordinance; the Mayor and the City Clerk of said City have duly signed said ordinance; and the Mayor and City Clerk of said City hereby declare that their signing of this certificate shall also constitute the signing of the attached and following copy of said ordinance for all purposes. SIGNED AND SEALED the 26th City Clerk City of Baytown, Texas (SEAL) By'� -mot Deputy City Clerk City of Baytown day of October, 1972. Mayor City of Baytown, Texas Page 2 of 2 pages