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Ordinance No. 4,44660508 -4 ORDINANCE N0. 4446 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND COUNTY WITH REGARD TO THE IMPROVEMENT OF NORTH MAIN STREET IN BAYTOWN; 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 agreement with Harris County and authorizes the Mayor and City Clerk of the City of Baytown to execute and attest to said agreement with regard to the improvement of North Main Street in Baytown. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately 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 the 8th day of May, 1986. En-0-1-00 �.Raw fir' � • • � ATTEST: EILEEN P. HALL, City Clerk APPROVED: DALL B. . •� 60508 -4a WRB:jaa #36 3 -19 -86 #21,195 A G R E E M E N T 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 called "County," and the City of Baytown, a municipal corporation under the laws of the State of Texas, herein- after called "City "; W I T N E S S E T H: WHEREAS, it is to the mutual benefit of County and City to improve North Main Street from Baker Road to Cedar Bayou, herein- after called the "Project "; and WHEREAS, Article 6702 -1, Section 2.010 Vernon's Texas Civil Statutes authorizes the Commissioners Court to expend County funds to finance the improvement of streets located in the County within the limits of an incorporated city if the work on the street is done with the consent and approval of the governing body of the City or town; and WHEREAS, the estimated cost of the Project, including prepa- ration of the plans and specifications, engineering services, construction and other incidental expenses relating thereto, is $417,500.00; which includes a twenty -five percent allowance for change order contingencies; and WHEREAS, County and City desire to share the cost of the project equally; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named it is agreed as follows: I. County will prepare, or cause to be prepared, plans and specifications for the Project and deliver to the City a copy of said plans and specifications for approval by the City Council of the City. EXHIBIT A 6050$ -4b II. After approval of said plans and specifications by the City Council of City, County will advertise for and receive bids for the construction of the Project in accordance with the approved plans and specifications in the manner the County does for like or similar projects. III. In the event the lowest and best bid for the construction of the Project is an amount that would result in the cost of the Project being equal to or less than the sum of $417,500.00, County will let the bid to said lowest and best bidder. In the event the lowest and best bid for the construction of the Project is an amount that would result in the cost of the Project being in excess of the estimated cost, County shall have the following three options: 1. County may agree to pay the additional cost and proceed to let the bid and continue with the Project; 2. County may elect not to proceed with the let- ting of the bid and terminate the Project without any further obligation or; 3. County may notify City of the bid and under- take to negotiate with City for County and City to agree to pay the additional costs of the Project. IV. Upon completion of the Project in accordance with the plans and specifications therefor previously approved by the City Council of City and by the County Engineer, including any incidental work for which the plans and specifications may provide, the County Engineer will then certify such completion to the City Council of City. The County will also send the City a statement setting out -2- 60508 -4c the costs of the Project and the half thereof payable by City to the County. Within thirty days of the date of said certification and statement, City will pay the County one -half of the Project cost as set out in said statement, provided, however, that in no event will the City be required to pay County more than $208,750.00. The certificate of the County Engineer that said improvements have been completed in accordance with the plans and specifications approved by City and the construction contract shall be conclusive on the parties to this Agreement. V. It is expressly understood and agreed that County has appro- priated and has available the maximum sum of $208,750.00 to satisfy its obligations under this Agreement and that City has appropriated and has available the maximum sum of $208,750.00 to satisfy its obligations under this agreement. VI. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by all parties hereto. IN TESTIMONY OF WHICH, this agreement has been excecuted in duplicated 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 1986, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such execution; and -3- 11 60508 -4d (b) It has been executed on behalf of the City on the day of , 1986 by its Mayor, and attested by its City Sec- retary, pursuant to ordinance of the City Council of the City of Baytown authorizing such execution. ATTEST: APPROVED AS TO FORM: MIKE DRISCOLL County Attorney By Assistant County Attorney CITY ATTORNEY By Assistant City Attorney HARRIS COUNTY By JON LINDSAY, County Judge CITY OF BAYTOWN By Mayor I hereby certify that funds are available in the amount of $208,750.00 to pay the obligation of Harris County under and within the foregoing contract. J. F. FLACK, County Auditor of Harris County, T e x a s -4- 60508 -4e ORDER AUTHORIZING EXECUTION OF AGREEMENT BY AND BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE IMPROVEMENT OF NORTH MAIN FROM BAKER ROAD TO CEDAR BAYOU ROAD THE STATE OF TEXAS § § COUNTY OF HARRIS § On this, the day of , 1986, the Commissioners Court of Harris County, being convened at a regular meeting of the Court, upon motion of Commissioner , seconded by Commissioner , duly put and carried, It is ORDERED that County Judge Jon Lindsay be, and he is hereby, authorized to execute for and on behalf of Harris County an Agreement by and between Harris County and the City of Baytown for the improvement of North Main Street from Baker Road to Cedar Bayou Road, said Agreement being incorporated herein by reference for all purposes as though fully set forth herein word for word.