Loading...
Ordinance No. 5,938910711-15 ORDINANCE NO. 5938 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH HARRIS COUNTY FOR THE RELOCATION OF UTILITIES IN THE VICINITY OF THE FERRY ROAD 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 authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an agreement with Harris County for the relocation of utilities in the vicinity of the Ferry Road Bridge. 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 11th day of July, 1991. !A' ryj1W1WiWW14.,A TT 0. HUTTO, Maymq or 0 ATTEST: EILEEN P. HALL, dl-ty--d-lerk � -T<WACIO RAMIRE R., City Attorney C;1 :69 :7 1-1 L • A G R E E M E N T THE STATE OF TEXAS § COUNTY OF HARRIS § 939,312(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 desires to reconstruct the Ferry Road Bridge over Pounds Gully (Harris County Flood Control District Unit Q 110- 00 -00) , hereinafter sometimes called "County's improvements "; and WHEREAS, the City owns and operates various facilities located within the Ferry Road right of way, which will conflict with the County'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 County has prepared plans and specifications for the construction of the County's improvements and the relocation of the City's improvements, which have been approved by the City; and WHEREAS, the County has received bids for construction of the County's improvements and relocation of City's facilities; and WHEREAS, the County has determined the lowest and best bidder for the construction of the County's improvements and relocation of the City's facilities; and WHEREAS, the County Engineer has determined that the sum of $10,137.00, including engineering fees in the amount of $1,079.00, is attributable to the relocation of the City's facilities; and WHEREAS, the County has awarded a contract for the construction of the County's improvements, however, the said construction contract does not include the relocation of the City's facilities; and EXHISFIF lkl, WHEREAS, the County is willing to authorize the County's contractor to relocate the City's facilities provided the City pays for the same as hereinafter provided; NOW, THEREFORE, the County and the City, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: I within sixty (60) calendar days of the date of this agreement, City will deliver to the Harris County Treasurer a check or warrant in the amount of $10,137.00 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 authorize the County's contractor to proceed with the relocation of the City's facilities. 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. IV 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 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. VI This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations E 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 , 1991, 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 , 1991, 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 �,, C_ WILLIAM R. BRUYERE Senior Assistant /County Attorney APPROVED: CITY ATTORNEY By Assistant City Attorney ATTEST: EILEEN P.'HALL City Secretary 3 HARRIS COUNTY By JON LINDSAY, County Judge CITY OF BAYTOWN By EMMETT O. HUTTO, Mayor COUNTERSIGNED: KENNETH MITCHELL City Controller I• 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 in connection with the proposed reconstruction of Ferry Road Bridge over Pounds Gully (Harris County Flood Control District Unit Q 110- 00 -00), said Agreement being incorporated herein by reference for all purposes as though fully set forth herein word for word.