Ordinance No. 2,3518119
ORDINANCE NO. 2351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY
OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO
AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR COMMUNITY
DEVELOPMENT FUNDS 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 approves an interlocal agreement with Harris
County for Community Development Funds. A copy of said
agreement is attached hereto, marked Exhibit "A," and made a
part hereof for all intents and purposes.
Section 2: That the Mayor and City Clerk of the City
of Baytown are authorized and directed to execute and
attest to the interlocal agreement with Harris County for
the application and implementation of the Community Devel-
opment Program.
Section 3: That 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 27th day
of October , 1977.
TOM GENTRY, Mayor
- ATTEST:
E LEEN'P. HALL, City Clerk
APPROVED:
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AGREEMENT
THE STATE OF TEXAS )
COUNTY OF HARRIS )
THIS AGREEMENT, made and entered into by and between Harris County, a
body corporate and politic under the laws of the State of Texas, hereinafter
referred to as the "County," and
a municipal corporation under the laws of the State of
Texas, hereinafter referred to as the "City,"
WITNESSETH:
WHEREAS, the City has elected to have its population included as a portion
of the population of the County in the County's "urban county" application to the U.
S. Department of Housing and Urban Development for the fourth year funding for
the Community Development Block Grant Program, said application being
hereinafter sometimes referred to as the "Grant Application;" and
WHEREAS, the County is willing to include the City's population in the Grant
Application and to cooperate with the City in the implementation of the City's
Community Development Program; and
WHEREAS, the Texas Legislature has enacted the "Texas Community
Development Act of 1975," codified as Art. 1269- -4 Tex.Rev.Civ.Stats., which
provides, in part, for the authorization of cities to implement a community
development program; and
WHEREAS, the Texas Legislature has further enacted "The Interlocal
Cooperation Act," codified as Art. 4413 (32c) Tex.Rev.Civ.Stats., which provides,
in part, that the County may contract with the City to perform governmental
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functions and services for the City;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the
County and the City, in consideration of the mutual covenants and agreements
herein contained, do mutually agree as follows:
I.
The City agrees to allow the County to include the City's population with that
of the County in the Grant Application, and the County agrees to include the same
in the Grant Application.
Ed
II.
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The City agrees to allow the U. S. Department of Mousing and Urban
Development to use the City's population and other necessary demographic
characteristics in the determination of whether the County will qualify as an
"urban county" as defined in the Housing and Community Development Act of 1974,
as amended, and the rules and regulations promulgated pursuant thereto.
III.
The County and the City agree to cooperate in undertaking, or assisting in
undertaking, essential community development and housing assistance activities,
specifically urban renewal and publicly assisted housing.
IV.
The City acknowledges that it is aware that the Grant Application has not yet
been completed or submitted to the U. S. Department of Housing and Urban
Development and that no determination has been made at the time of execution of
this agreement as to where and for what purposes the fourth year funding, if any,
for the Community Development Block Grant Program will be sought or expended.
In this regard it is agreed that the County shall not be obligated to seek funds for
expenditure in the City or for assistance to residents of the City in the Grant
Application. If such funds for expenditure in the City or for assistance to its
residents are awarded as a result of the Grant Application, the County may, in its
sole descretion, override such distribution of the award and spend such funds
elsewhere, and /or for other purposes when necessary or desireable in order to
achieve compliance with Title I of the Housing and Community Development Act of
1974, as amended, and all appropriate implementing regulations applicable thereto.
The City has received no assurance, written or oral, from the County to the
contrary, and is aware that the execution of this contract does not constitute any
guarantee on the part of the County that funds received pursuant to the Grant
Application, if any, will be expended for projects within the City limits of the City
or for assistance to the residents of the City.
V.
This agreement shall remain in full force and effect for the entire fourth year
funding period covered by the Grant Application (July 1, 1978 through June 30,
1979). The City acknowledges that it has been advised and is aware that federal
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regulations applicable to the Grant Application do not permit the County to allow
the City to withdraw from this agreement or otherwise prior terminate the term of
this agreement at any time after December 1, 1977.
VI.
In performance of this agreement, the City and the County shall observe and
comply with all applicable Federal, State, County and City statutes, ordinances,
rules and regulations.
VII.
Should the U. S. Department of Housing and Urban Development reject or
refuse to accept this agreement for any reason, the County may terminate this
agreement by giving written notice of the same to City.
VIII.
This agreement shall be of no force and effect unless and until it is executed
by both parties hereto and certified by counsel for both parties hereto on the forms
set forth below.
IN TESTIMONY WHEREOF, this instrument has been executed in triplicate
counterparts, each to have the force and effect of an original as follows:
(a) It has been executed on behalf of the County on the day of
1977, by the County Judge of the County and attested by
the County clerk of the County pursuant to an order of the Commissioners Court
of the County authorizing such execution; and
(b) It has been executed on behalf of the City on the day of
1977, by its Mayor and attested by its City Secretary,
pursuant to ordinance of the City Council of the City authorizing such execution.
ATTEST:
R. E. Turrentine, Jr., County Clerk
By
Nolan J. Bordelon, Deputy County Clerk
ATTEST:
By
City Secretary
COUNTY
By
JON LINDSAY, County Judge
CITY
By
Mayor
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CERTIFICATE OF CITY ATTORNEY
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I have examined the foregoing Agreement, and as City Attorney of the City named
therein, I certify that the terms and provisions of the Agreement are fully
authorized under state and local law applicable to the City (including but not
limited to the City's Charter and Ordinances).
Date City Attorney
CERTIFICATE OF COUNTY ATTORNEY
I have examined the foregoing Agreement, and as statutory civil counsel to the
County named therein, I certify that the terms and provisions of the Agreement are
fully authorized under state and local law. To the extent that this certificate
relates to the state and local law applicable to the City (including but not limited
to the City's Charter and Ordinances), this certificate is given in total reliance
upon the foregoing Certificate of City Attorney and the undersigned disclaims any
responsibility or liability for the City Attorney's errors or omissions, if any, in
making such certificate.
JOE RESWEBER
County Attorney
By
Date Assistant County Attorney
5W
ORDER
THE STATE OF TEXAS )
COUNTY OF HARRIS )
8125
On this, the day of , 1977, the Commissioners
Court of Harris County, sitting as the governing body of Harris County, Texas,
being convened at a regular meeting of the Court, upon motion of Commissioner
seconded by Commissioner duly put and
carried,
IT IS ORDERED that Jon Lindsay, County Judge of Harris County, be, and he
is hereby, authorized to execute, and R. E. Turrentine, Jr., County Clerk, is hereby
authorized to attest, for and on behalf of Harris County, an Agreement between
Harris County and
, for the purpose of cooperating in the County's
Community Block Grant Application for the fourth year funding, which Agreement
is referred to and made a part hereof for all purposes as though fully set out herein.
THE STATE OF TEXAS
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 is a true and correct copy of an Order made and entered by the
Commissioners Court in regular session on the day of
, 1977, as it appears of record in the Minutes of said Court,
Volume , page
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GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
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R. E. TURRENTINE, JR., County Clerk and
Ex Officio Clerk of Commissioners Court of
Harris County, Texas
By
Deputy