Ordinance No. 5,903913627 -1
ORDINANCE NO. 5903
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH HARRIS COUNTY FOR CONSTRUCTION OF THE
BAKER /ROLLINGBROOK CONNECTING BOULEVARD; 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 authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an agreement with
Harris County for construction of the Baker /Rollingbrook
connecting boulevard. 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 27th day of June,
1991.
IaMMETT O. HUTTO, Mayor .
AT'T'EST:
E LEEN P. L, City Clerk
NACIO RAMIREZ City Attorney
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A G R E E M E N T
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 sometimes referred to as "County" and the City of
Baytown, a municipal corporation under the laws of the State of
Texas, hereinafter sometimes referred to as "City."
W I T N E S S E T H•
WHEREAS, it is to the mutual benefit of the County and the City
to construct Baker and Rollingbrook Connection Boulevard ( #20317 -1-
2) from Rollingbrook Drive to Baker Road in Baytown, Texas as a four
lane concrete pavement with curb and gutter, storm sewers including
an esplanade outfall ditch and related work, hereinafter referred to
as the Project, which Project for purposes of accounting been
divided into the following phases:
A. Phase I, including the construction of an
outfall ditch, multiple box culverts and all
related appurtenances from Baker Road to
Rollingbrook Drive; and
B. Phase II, consisting of the construction of
Baker and Rollingbrook Connection Boulevard
( #20317 -1 -2) from Rollingbrook Drive to Baker
Road as a four lane concrete pavement with curb
and gutter and storm sewers, including two
crossover bridges ( #20317- 51 -52) and related
appurtenances not included under Phase I; and
WHEREAS, the County has prepared plans and accepted bids for
the Project; and
WHEREAS, the estimated total cost of Phase I of the Project is
$1,066,000.00, which sum has been previously encumbered pursuant to
an interlocal agreement between the County and the Harris County
Flood Control District executed on July 3, 1990; and
WHEREAS, the estimated total cost of Phase II of the Project,
including the applicable costs of right -of -way, engineering, utility
adjustments and the construction contract is $1,647,000.00; and
WHEREAS, the City is willing to contribute 50% of the total
cost of Phase II of the Project, up to a maximum of $823,500.00
provided the County is willing to pay or cause to be paid the
39,360(eb)
balance of the cost of the Project and to have the same
constructed;
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements and benefits to the parties herein named,
it is agreed as follows:
I.
Within thirty (30) days after execution of this Agreement, City
will pay to County an amount of money equal to $823,500.00.
Ii.
Within thirty (30) after receipt of said amount from City
pursuant to Paragraph I above, County will award the contract for
the project to the lowest and best bidder.
III.
The County may make such changes and amendments to the drawings
and specifications within the general scope of the Project as the
County Engineer deems necessary or desirable so long as the original
scope and intent of the Project remains unchanged.
IV.
It is expressly understood and agreed that the County has
appropriated and has available the maximum sum of $1,889,500.00 to
satisfy its obligations under this Agreement and that City has
appropriated and has available the maximum sum of $823,500.00 to
satisfy its obligations under this agreement.
V.
Upon completion of the construction of the Project, County will
cause an audit of the Project to be made. In the event the funds
paid by City to County pursuant to Paragraph I above are more than
one --half of the total cost of Phase II of the Project, the County
will refund such excess to the City.
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 party hereto. This Agreement shall be
binding upon and shall inure to the benefit of the parties hereto,
their legal representatives, successors, and permitted assigns.
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L J
VII.
All notices and communications under this Agreement shall be
mailed by certified mail, return receipt requested, or delivered to
the City at the following address:
CITY OF BAYTOWN
2401 Market
Baytown, Texas 77521
ATTENTION: Mayor
All notices and communications under this Agreement shall be
mailed by certified mail, return receipt requested, or delivered to
the County at the following address:
Harris County Engineering
1001 Preston Avenue, 7th Floor
Houston, Texas 77002 -1983
ATTENTION: County Engineer
VIII.
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 unless in writing, signed by all parties
hereto.
EXECUTED this day of
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
By -D-A-Z . ('�J49
DON C. WHITLEY
Assistant County Attorney
ATTEST:
City Secretary
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1991.
COUNTY OF HARRIS
By
JON LINDSAY, County Judge
CITY OF BAYTOWN
By
Mayor
APPROVED AS TO FORM:
By
Attorney for the City of Baytown
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of
$1,889,500.00 to pay the obligation of Harris County under and
within the aforementioned agreement, which figures includes the sum
of $1,066,000.00 previously certified pursuant to an interlocal
agreement between Harris County and the Harris County Flood Control
District executed on July 3, 1990.
J. F. FLACK
County Auditor
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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 , 1991, the
Commissioners Court sitting as the governing body of Harris County,
Texas, at a regular meeting, 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
between Harris County and The City of Baytown, for the construction of
Baker Road and Rollingbrook Connection Boulevard as a four lanes of
concrete pavement section with curb and gutter, storm sewer and
related work, in the City of Baytown, said agreement being
incorporated herein by reference and made a part hereof for all
intents and purposes as if set out in full word for word.
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