Ordinance No. 4,682n
ORDINANCE NO. 4682
70409-1
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
® EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR CONSTRUCTION OF A GIRLS
SOFTBALL FIELD AT THE GRAY SPORTS COMPLEX; 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 construction of a girls softball field at the Gray Sports
Complex, and authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to said agreement. 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.
sINTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 9th day of April,
1987.
e , zo', r, e� ly—
ETT 0. HUTTO, Mayor
ATTEST:
EILEEN, P. HALL, City Clerk
RANDALL B. STRONG, City torney
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A G R E E M E N T
THE STATE OF TEXAS §
COUNTY OF HARRIS §
70409-1a
THIS AGREEMENT made and entered into pursuant to the
Interlocal Cooperation Act [Art. 4423(32c) V.T.C.S.] by and between
the City of Baytown, a municipal corporation under the laws of the
State of Texas, hereinafter referred to as "the City," and Harris
County, a body corporate and politic under the laws of the State of
Texas, hereinafter referred to as "the County;"
W I T N E S S E T H:
WHEREAS, it is to the mutual benefit of the City and the
County to provide public parks for the residents of the City and
the County; and
WHEREAS, the County desires to provide fencing and lighting on
a girls softball field located at a public park known as Gray
Sports Complex owned by the City and located in the City of
Baytown, hereinafter called "the Project"; and
WHEREAS, the City is willing to permit the County to make such
improvements to the said lands; and
WHEREAS, the County is willing to make such improvements in
consideration for the City maintaining the said park, including the
lights and fences therein, and keeping the park open to the general
public for twenty years;
NOW, THEREFORE,�that in consideration of the mutual covenants,
agreements and benefits to both parties, it is agreed as follows:
I.
The City authorizes the County to use the certain land
situated in the County of Harris, State of Texas, described in
Exhibit "A" attached hereto, for the purpose of constructing the
Project.
II.
Within forty-five (45) days after execution of this agreement,
the County will prepare, or cause to be prepared, plans and
specifications for the Project in accordance with the usual
® requirements of County. Upon completion of the said plans and
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70409-1b
specifications, County will submit the same to City for written
approval of same by the City Council of City.
III
Within sixty (60) days after the approval by City of the plans
and specifications set out in Paragraph II above, County will
advertise for and receive bids for the construction of the Project
in accordance with the approved plans and specifications in the
manner similar to that to other County projects.
IV.
Upon receipt and tabulation of the bids, County will determine
the lowest and best bid for the Project. 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 Fifty Thousand and No/100 Dollars ($50,000.00), County
will let the construction contract to said lowest and best bidder
in accordance with the selected bid subject to certification of the
availability of funds for the Project by the County Auditor. It is
expressly agreed and understood that County reserves the right to
decline to award the contract to all bidders. In such event, the
County, in its discretion, may either readvertise for bids pursuant
® to the same understanding with regard to rejection of bids or
terminate this Agreement as hereinafter provided. County's
determination of the lowest and best bid for the a Project shall be
final and conclusive.
M
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 Fifty Thousand and No/100 Dollars
($50,000.00), County shall have the following three (3) options:
1. County may agree to pay the additional
cost and proceed to let the contract and
continue with the Project.
2. County may reject all bids and elect not
to proceed with the letting of the contract and
terminate the Project without any further
obligation.
3. County may notify City of the bid and
undertake to negotiate with City for County and
City to agree in writing to pay the additional
costs of the Project. In the event the County
® and City agree in writing to pay the additional
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70409-1d
costs, then and in that event County will
proceed to let the contract and continue with
the construction of the Project. If the County
and City fail to agree in writing to pay the
additional costs, then and in that event the
County may proceed under the first option or
terminate this Agreement. In the event the
County elects to terminate this Agreement, then
the County shall have no further obligation
hereunder.
VI.
The County may terminate this Agreement without cause any time
prior to the letting of the contract for construction of the
Project, by written notice to City, and the County shall have no
obligation hereunder.
VII.
It is understood and agreed that in the event the lowest and
best bidder fails or refuses to construct the said Project, or for
any reason whatsoever the Project is not completed, the County
shall have no obligation to the City.
VIII.
It is understood that the County may make such changes and
amendments in the plans and specifications as the County Engineer
deems necessary or desirable during construction of the Project.
IX.
It is expressly understood and agreed that the County has
appropriated and has available the maximum sum of Fifty Thousand
and 00/100 Dollars ($50,000.00) to satisfy its obligations under
this Agreement.
X.
In consideration of the construction of the Project, the City
shall keep the tract of land described in Exhibit "All hereto open
for twenty years from the date of execution of this agreement for
the use by the general public as a baseball field and other park
purposes. Furthermore, subject to the availability of funds, the
City will maintain the said park and improvements thereon,
including, but not limited to, the fencing and lighting. City will
not discriminate against any person or persons because of race,
color, religion, sex or national origin.
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XI.
70409-1e
® No party hereto shall make, in whole or in part, any
assignment of this Agreement or any obligation hereunder without
the prior written consent of the other parties hereto.
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XII.
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, in duplicate originals,
each having equal force, has been executed on behalf of the parties
hereto as follows, to -wit:
(a) It has on this day of 1 1987, been
executed on behalf of the County by the County Judge of Harris
County, Texas, pursuant to an Order of the Commissioners Court of
Harris County authorizing such execution.
(b) It has on this day of , 1987, been
executed on behalf of the City by the Mayor and attested by its
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City Clerk, pursuant to ordinance of the City Council of the City
of Baytown authorizing such execution.
ATTEST:
EILEEN P. HALL
City Clerk
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
41 By
WILLIAM R. BRU RE
Assistant County Attorney
RANDY STRONG, City Attorney
City of Baytown
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CITY OF BAYTOWN
By
EMMETT 0. HUTTO
Mayor
HARRIS COUNTY
By
JON LINDSAY
County Judge
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of
$50,000.00 to accomplish the obligations of Harris County
hereunder.
J. F. FLACK, County Auditor
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Baseball Diamond
Gray Sports Complex
City of Baytown
® METES AND BOUNDS
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Commencing at a one-half inch iron pipe in. the South right-of-way line of South
Road, based on a width of 60 feet, marking the Northeast corner of Lot 9, Block
9. East End Addition as recorded in Volume 15 at Page 60 of the Map Records of
Harris County, Texas, go South 90 59' 00" East 400.00 feet to a on.e-and-one
quarter inch iron pipe from the Southeast corner of said Lot 9, thence South 26°
35' 14" West, 131.52 feet, thence South 73° 56' 28" West, 280.0 feet to the
POINT OF BEGINNING:
Thence South 5° 38' 41" East along a line 26 feet East of and parallel to the
first base line, a distance of 213 feet to a point for corner;
Thence South 390 21' 19" West alor..g a line 20 feet at a right angle, Southeast
of home plate, a distance of 33 feet to a point for a corner;
Thence South 84° 21' 19" West along a line 26 feet South of and parallel to the
third base lin.e,a distance of 213 feet to a point for a corner;
Thence North 50 38' 41" West, a distance of 26 feet to a point for the beginr_ing
of a curve 10 feet West of the left field foul pole;
Thence in a Northeasterly direction.. along the and of said curve, to the right,
having a radius of 210 feet, through a central angle of 90° 00' 00", a distance
of 329.87 feet to a point of tangency 10 feet_ North of the right field foul
pole;
Thence North 84° 21' 19" East, a distance of 26 feet to the POINT OF BEGINNING.
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Utility Easement
Gray Sports Complex
City of Baytowr.
Commencing at a one -inch galvar_ized iron pipe in the East right of way line of
East Road, based on a width of 60 feet, marking the Southwest corner of the
Gray Sports Complex, property of the City of Baytown., go North 80° 08' 00" East
along the South line of said Complex, 223.5 feet to a point, thence North 9°
52' 00" West, 370 feet to a point midway in a fence along the north side of an
enclosure around an electrical panel, for the POINT OF BEGINNING for a
descriptionof a utility easement 2.5 feet either side of a centerline as
follows:
Thence North 8° 18' 21" West, a distance of 263.65 feet;
Thence North 27° 34' 16" East, a distance of 493.95 feet to an electrical stub
box for terminus.
EXHIBIT A
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70409-1j
ORDER AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN
0 THE STATE OF TEXAS
COUNTY OF HARRIS
On this day of , 1987, the Commissioners
Court of Harris County, being duly convened at a regular meeting
of the Court, upon motion of Commissioner
seconded by Commissioner , duly put and carrried,
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 between Harris County and the City of Baytown for
construction of fencing and lighting on a girls softball field at
Gray Sports Complex, said Agreement being incorporated herein by
is reference for all purposes as though fully set forth herein word
for word.
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