Ordinance No. 5,140•
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ORDINANCE NO. 5140
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH HARRIS COUNTY FOR THE CONSTRUCTION OF THE WEST MAIN
STREET BRIDGE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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 for the
construction of the West Main Street Bridge, 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.
INTRODUCED, READ
City Council of the
November, 1988.
ATTEST:
and PASSED by the affirmative vote of the
City of Baytown, this the 10th day of
EILEEN P. HALL, City Clerk
MMETT 0. HUTTO, Mayor
RANDALL B. STRONG, Cit ttorney
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A G R E E M E N T
THE STATE OF TEXAS §
® §
COUNTY OF HARRIS §
C. A. File No. 24,822
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 body
corporate and politic under the laws of the State of Texas,
hereinafter called "City."
W I T N E S S E T H'
WHEREAS, it is to the common benefit of the parties hereto to
construct the West Main Street Bridge as a two -lane bridge with
concrete deck and substructure, hereinafter called the "Project "; and
WHEREAS, City has entered into an agreement with the State
Department of Highways and Public Transportation, hereinafter called
the "Department" for the construction of the Project; and
WHEREAS, the agreement between City and the Department provides
that City will contribute twenty (20 %) percent of the original cost of
the Project plus hundred (100 %) percent of the additional cost to
construct the bridge at a higher elevation; and
WHEREAS, City does not have sufficient funds to pay the
additional cost to construct the bridge at a higher elevation; and
WHEREAS, County desires to share in the cost of the Project up to
a maximum sum of Two Hundred Sixteen Thousand Three Hundred Seventy -
Seven and No /100 Dollars ($216,377.00);
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements and benefits to the parties herein named, it is agreed as
follows:
I.
City will notify County of the scheduled date for the State
Department of Highways and Public Transportation to let the contract
for the construction of the Project. County will thereupon transmit
®the sum of $216,377.00 to the City forty -five days prior to the
scheduled date for letting the construction contract or within twenty
EXHIBIT A
ME
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days from receipt of notice from City whichever is later. City shall
transmit said sum to the Department pursuant to the agreement between
City and Department, a. copy of which is attached hereto as Exhibit
"A.n
® II.
In the event any funds are returned by Department to City
pursuant to Section 3 of Exhibit "A,." then in that event City agrees
to return said funds to County within twenty days of receipt of same
from Department.
III.
It is expressly understood and agreed that County has available
the maximum sum of Two Hundred Sixteen Thousand Three Hundred Seventy -
Seven and No /100 Dollars ($216,377.00) to satisfy its obligations
under this Agreement.
IV.
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 the day of , 1988, been
executed on behalf of the City by the Mayor of Baytown,
Texas, pursuant to an Order of the City Council of
Baytown authorizing such execution.
b. It has on this day of , 1988, been
executed on behalf of County by the County Judge of
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�P(HIBIT A
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Harris County, Texas, pursuant to an order of the
Commissioners Court of Harris County authorizing such
execution.
® APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
COUNTY OF HARRIS
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By ji,�,t.Jl l �i/� BY
MAR J. McXE "LL JON LINDSAY, County Judge
Assistant'County Attorney
Deputy Division Chief
ATTEST:
106 3I COINI Z1
Bl� Assistant Secretary E TT O. HUTTO, MAYOR
APPROVED AS TO FORM:
BAYTOWN CITY ATTORNEY
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of
$216,377.00 to accomplish and pay the obligations of Harris County
herein.
J. F. FLACK, County Auditor
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EXHIBIT A
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ORDER AUTHORIZING EXECUTION OF AGREEMENT BY AND BETWEEN
HARRIS COUNTY AND CITY OF BAYTOWN FOR THE CONSTRUCTION
OF THE WEST MAIN STREET BRIDGE
THE STATE OF TEXAS §
COUNTY_ OF HARRIS §
On this the day of 1988, the
Commissioners Court of Harris County, Texas, sitting as the governing
body of Harris County, 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 the County and the City of Baytown, for construction of
the West Main Street Bridge, said Agreement being incorporated herein
by reference for all purposes.as though fully set forth word for word.
EXHIBIT A
EXHIBIT A
County Harris
Control
Project
Highway
CONSTRUCTION AND MAINTENANCE'AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
® OFF THE STATE SYSTEM
THIS AGREEMENT, made the date shown hereinafter, by and between the State
Department of Highways and Public Transportation, hereinafter called the
"Department ", and Baytown , a local government,
or governmental agency or entity, hereinafter called the "Governmental Agency"
acting by and through its — and by virtue of the
authority shown on Exhibit A at ched hereto and made a part hereof.
W I T N E S S E T H
WHEREAS, the Governmental Agency is owner of a bridge located on a public
road or street within its jurisdiction at W. Main St @ Goose Creek
(8012 -12 -003) : and
WHEREAS, under Title 23, United States Code as amended by the Surface
Transportation Assistance Act of 1978 and subsequent Federal legislation, a
program entitled 1985 -86 Federal -Aid
Bridge Replacement and Rehabilitation Program has been approved by the State
Highway and Public Transportation Commission and said bridge is included in this
program; and
WHEREAS, it is incumbent upon the Department to assure accomplishment of
this work.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed,
as hereinafter set forth, it is agreed as follows:
1. The Governmental Agency hereby authorizes the Department or its
contracted consultant and Department's contractor to enter on the site of said
bridge and adjacent right of way or relocation right of way to perform surveys,
inspection, construction and other purposes necessary to replace or rehabilitate
said bridge and approaches.
2. The Governmental Agency agrees to provide, at its expense, the necessary
adjustment of any and all utilities and services, whether publicly or privately
owned, as may be necessary to permit the work authorized herein. Existing uti-
lities will be adjusted in respect to location and type of installation in
accordance with requirements of the Department.
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3. The Governmental Agency agrees to provide 20% of the actual construc-
tion cost of the bridge replacement or rehabilitation project including prelimi-
nary engineering and construction engineering, or that portion of the cost of
the project not reimbursable by the Federal Highway Administration. The
Governmental Agency further agrees to acquire, at no cost to the Department, any
additional right of way, if required.
Within 30 days following execution of this agreement the Governmental
Agency agrees to pay to the Department by check made payable to the State
Department of Highways and Pulic Transportation an amount equal to 10% of the
estimated cost of the project. Forty -five days prior to the Department's sched-
uled date for the contract letting, the Governmental Agency agrees to pay to
the Department an amount equal to the remaining 10% of its obligation. If, at
any time during plan development or construction of the project, it is found
that the amount received is insufficient to pay the Governmental Agency's obli-
gation, then the Department shall immediately notify the Governmental Agency
which shall promptly transmit the required amount to the Department. After the
project is completed, the actual cost will be determined by the Department,
based on its standard accounting procedures, and any excess funds paid by the
Governmental Agency shall be returned to the Governmental Agency.
4. If, after execution of the agreement, the Governmental Agency elects to
terminate the project, the Governmental Agency shall be responsible for those
eligible expenses incurred by the State which are attributable to the project.
5. The Department will prepare or provide for the construction plans,
advertise for bids and let the construction contract, or otherwise provide for
the construction and will supervise the construction or reconstruction as
required by the plans. The cost of all services performed by the Department
will be borne by others. It is mutually agreed that as the project is developed
to the construction stage, both parties shall approve the plans by signature
approval thereon, and a copy of such plans will be attached hereto, marked
"Exhibit B ", and made a part hereof.
6. In the event the terms of this agreement are in conflict with the pro-
visions of any other existing agreements and /or contracts between the
Governmental Agency and the Department, this agreement shall take precedence
over the other agreements and /or contracts.
7. Upon completion of the project, the Governmental Agency agrees to
accept ownership and operate and maintain the facility authorized by this
agreement for the benefit of the public without charge..
8. The Governmental Agency agrees to indemnify the Department against any
and all claims for damages to adjoining, abutting or other property for which
the Department is or may be liable arising out of, incident to or in any manner
associated with or attributed to the project.
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WHIT A
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate on the day above stated.
PARTY OF THE SECOND PART
City of Baytown
Name oT Governments Agency
By:
Emmett 0. Hutto
Mayo r
Title of Executing Official
ATTEST:
Eileen P. Hall
City Clerk
Title
PARTY OF THE FIRST PART
Certified as being executed for
the purpose and effect of acti-
vating and /or carrying out the
orders, established policies,
or work programs heretofore
approved and authorized by the
State Highway and Public
Transportation Commission:
By: -
Deputy Ass aflt- Eflgifleer- Director
Exetoted- and- -approved- fDr- State
Highway- and- Pobiit-TransportatiDn
Canmi s si Dn- under- as tbDri t y- Df
ev"m4 SSi on- e- Order- ft-. - -7859t ;
Date
RECOMMEN ED FOR APPROVAL:
Z District Engineer
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