Ordinance No. 5,519900426-5
RF94904KOINEMNEGWE
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR OVERSIZING THE BUSH
ROAD WATER LINE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAY TOWN,
TEXAS:
EILEEN P. HML, -61"ty Clerk
CI�ANDALL 5—. STRONG, Cit,,eAttorney
E
ETT O. HUTTO, Mayor
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A G R E E M E N T
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
C.A. File #27,486 (jaa)
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,
hereinafter called "City ";
W I T N E S S E T H-
WHEREAS, the County has received bids for the reconstruction of
Bush Road from Baker Road to Lynchburg- -Cedar Bayou Road, hereinafter
sometimes called "County's improvements "; and
WHEREAS, the City owns and operates a water line within the
right -of -way of Bush Road, which will conflict with the County's
improvements; and
WHEREAS, the City has requested the County to include, at the
City's expense, the replacement of a 41" water line with an 8" water
line and extending it to Cedar Bayou- Lynchburg Road and connecting it
to an existing water line, hereinafter called "City's improvements ";
and
WHEREAS, the County is willing to include the relocation of the
City's improvements in the County's contract for the relocation of the
County's improvements, provided the City pays for the same; and
WHEREAS, the Coi
construction of the
City's improvements,
NOW, THEREFORE,
mutual covenants and
follows:
anty has prepared plans and specifications for the
County's improvements and the relocation of the
which have been approved by the City;
the County and the City, in consideration of the
agreements herein contained, do mutually agree as
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I.
Within one hundred twenty (120) calendar days of the date of this
agreement, City will deliver to the Harris County Treasurer a check or
warrant in the amount of $17,396.00 for the cost of the City's
improvements.
II
within seven (7) calendar days after receipt of the funds from
the City pursuant to Paragraph I above, the County will issue a change
in contract with the County's contractor, Angel Brothers Enterprises,
Incorporated, to construct the City's improvements.
III
The County shall inspect the construction of the County's
improvements and the City's improvements in a manner similar to that
of other County construction projects. The County Engineer may make
minor changes in the plans and specifications which he deems necessary
or desirable during the construction of the County's improvements and
relocation of the City's improvements.
M I +l
In the event the County's contractor fails or refuses to
construct the said County's improvements or the City's improvements,
or for any reason whatsoever said construction of the County's
improvements or construction of the City's improvements are not
completed, the County's sole and exclusive obligation to City shall be
to refund to City that portion of the funds paid by City pursuant to
this Agreement which have not been expended for the relocation of the
City's improvements.
V
The City represents that it has funds currently available in the
amount of $17,396.00 for the purpose of meeting its obligations
hereunder.
VI
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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VII
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 , 1990, been
executed by the County Judge of Harris County, on
behalf of the County pursuant to an Order of the
Commissioners Court of the County so authorizing.
b. It has on the day of , 1990, been
executed by the Mayor of the City of Baytown, and
attested to by the Secretary of said City, pursuant to
an ordinance of the City Council of said City so
authorizing.
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
By
WILLIAM R. BRUYE
Senior Assistant County Attorney
APPROVED:
CITY ATTORNEY
By
Assistant City Attorney
ATTEST:
EILEEN HALL
City Secretary
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HARRIS COUNTY
By
JON LINDSAY, County Judge
CITY OF BAYTOWN
,v .. •
COUNTERSIGNED:
KENNETH MITCHELL
City Controller
. ORDER AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN
THE STATE OF TEXAS
COUNTY OF HARRIS
On this the day of f 1990, the
Commissioners Court, sitting as the governing body of Harris
County, Texas, at a regular meeting, upon motion of Commissioner
duly put and
seconded by Commissioner ,
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 between Harris County and the City of Baytown in
connection with the relocation of a water line within the right
of way of Bush Road from Baker Road to Lynchburg -Cedar Bayou
Road, said Agreement being incorporated herein by reference for
all purposes as though fully set forth herein word for word.
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