Ordinance No. 1,553ORDINANCE NO.1553
AM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING ANDDIRECTING THE MAYORAND CITY CLERK OF THE CITY
OF BAYTOWN TO EXECUTE AND ATTEST TOA CONTRACT WITHHARRIS COUNTY
FOR THE SUM OF ONE HUNDRED FORTY THOUSAND ANDNO/100 ($140,000.00)
DOLLARS ORA SUM NOTTOEXCEED FIFTY PERCENT (50%)OF THETOTAL
ACTUALCOSTAS THE CITY OF BAYTOWN'S PORTION OF THE JOINT PARTICI
PATION BY THE CITY OF BAYTOWN AND HARRISCOUNTY FOR THE IMPROVEMENT
OF BAYWAY DRIVE,A COUNTY ROAD,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 1: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 COUNTYfor the payment by the
City of Baytownforthe improvement of BaywayDrive (a public road in the
City of Baytown)from Decker Drive to San Jacinto Street,the estimated cost
being One Hundred Forty Thousand and No/100($140,000.00)Dollars,with the
City of Baytown agreeing to pay fifty percent (50%)of the total actual cost.
A copy of said contract is attached hereto,marked Exhibit "A",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 thisj^day of Fetouary 1974.
ALLEN CANNON,Mayor Pro Tern
ATTEST:
OLIVER7 City Clerk
APPROVED:
NEEL RieHARDS0TT7 City Attorney
EXHIBIT "A"
J3S:rrw 2-25-74 ?12,029
AGREEMENT BETWEEN HARRIS COU?!TY ANDCITY OF BAYTOWN
FOR JOINT PARTICIPATION IN THE IMPROVEMENT OF BAYWAY DRIVE
THE STATE OF TEXAS )
COUNTY OF HARRIS )
HARRIS COUNTY,a bodycorporate and politic under the laws of tha
State of Texas,hereinafter sometimes called "County,"and the CITY OF BAY-
TOWN,a municipal corporation under the lav/s of the State of Texas,herein
after sometimescalled"Baytown,"agree as follows:
1.It is tothe mutual benefit of the parties that Bayway Drive
(a public road in the City of Baytown)from Decker Drive to San Jacinto
Street be improved.The improvement shall include the removal of broken
concrete pavement,replacement with a minimum of eight-(8")inch thickness
of black base material,leveling upof entire length,and resurfacing with
a minimum of one and one-half (1 1/2")inch thickness of hot mix surface
material.
2.The County will prepare plans and specifications for said
improvement,subject to the approval of the City Engineerof the City of Baytown.
3.The estimated cost of the above mentioned improvement is One
Hundred Forty Thousand and No/100 Dollars ($140,000.00).Baytown agrees to
contribute to the cost of said improvement an amount equal to fifty percent
(50%)of the total actual cost thereof.The County agrees to contribute to
the cost of said improvement an amount equal to fifty percent (502)of the
total actual cost thereof.The term "total actual cost,"as used herein,
means the total amount the contractor will be entitled to receive under the
terms of the contract for said improvement.
4.Within ten (10)days after its execution of this agreement,
Baytown will deliver to the County its check,payable to the order ofHarris
County,in the amount of Seventy Thousand and No/100 Dollars ($70,000.00),
said amount being Baytown*sestimated share of the cost of the improvement.
5.In accordance with its usual procedure,the County will adver
tise for bids for making said improvement.The County will award the contract
for the making of said improvement to the lowest responsible bidder.The
form of the contract shall be that customarily usedby the County for simi
lar projects.
6.After final completion of said improvement,the County shall
send Baytown a statement stating the total actual cost of the improvement
project,and the amount of Baytown's fifty percent (50*)share thereof.
If the total actual cost exceeds $140,000.00 (the estimated cost),then
and in that event,Baytown will pay the County an additional amount equal
to fifty percent (50%)of that portion ofthe total actual cost that exceeds
$140,000.00 (the estimated cost).However,if the total actual cost is less
than $140,000.00 (the estimated cost),then and in thatevent,the County
shall refund to Baytown that portion of Baytown's above mentioned $70,000.00
payment,that is in excess of Baytown's fifty percent (50%)share of the total
actual cost.
7.Itis understood that the County may make changes and amendments
in the plans and specifications as the County Engineer deems necessary or
desirable during construction.
8.Notwithstanding anything herein to the contrary,or that may
be construed to the contrary,it is expressly understood and agreed that in
the event the County fails (in whole or in part)to perform under this agree
ment,the County's liability to Baytown shall be limited to refunding to
Baytown that portion of the money paid to the County by Baytown under the
terms of this agreement which exceeds the fifty percent (50S)of the total
amount expended by the County for said improvement.
EXECUTED in duplicate originals,this dayof
,1974.
HARRIS COUNTY
By
County Judge
ATTEST:
City Secretary
APPROVED AS TO FORM:
CITYOF BAYTOWN
By.
Mayor
y Assistant County Attorney
APPROVED AS TO FORM:
City Attorney
2.
J?.S:rcw 2-25-74 #12,029
ORDER AUTHORIZING EXECUTION OF AGREEMENT
BETV.'EEN HARRIS COUNTY AfID THE CITY Or BAYTQ'.n
THE STATE OF TEXAS (
iCOUNTYOFHARRIS{
On this,the day of ,1974,the Commis
sioners Court of Harris County,Texas,being convened at a regular meeting
of the Court,upon motion duly put 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 be
tween Harris County andthe City of Bay town for the improvement of Bayv/ay
Drive,from Decker Drive to San Jacinto Street,within the limits of the City
of Baytown,under the terms and provisions set out in this agreement,which
agreement is here referred to and made a part hereof for all purposes as
though fullyset out herein.
THESTATE OF TEXAS 5
$
COUNTY OF HARRIS \
I,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 isa true and correct copy of an Order made and entered by the
Commissionrs Court in regular session on the dayof ,
1974,as it appears of record in the Minutes of said Court,Volume 83,page
•
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of
,1974.
R.E.TURRENTINE,JR.,County Clerk and
Ex Officio Clerk of the Ccrrcnissi oners
Court of Harris County,Texas
By
Deputy