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Ordinance No. 9,01420001012 -1 ORDINANCE NO. 9014 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE REGIONAL RETENTION BASIN CONSTRUCTION; 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 City Manager to execute and City Clerk to attest to an Interlocal Agreement with Harris County Flood Control District for the Regional Retention Basin Construction. 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 12th day of October, 2000. PETE C. ALFARO, Mayor ATTEST: aa� GAIA7 W. MITH, City Clerk APPROVED AS TO FORM: 4TfNACIO RAMIREZ, R , City Attorney, ® ck1hI56\ Counci1\ 0rdinance \Inter1oca1AgreementWi thHarrisCounty4RetentionBasinConst 0 INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act (TEX. GOVT CODE ch. 791) by and between the CITY OF BAYTOWN, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "City," and the HARRIS COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the ( "District ") or ( "HCFCD "). WITNESSETH, that WHEREAS, the City desires an 8 -acre retention basin be constructed on a 46.399 -acre tract located at State Highway 146 and Goose Creek, the location more fully described in Exhibit A attached herein, and hereinafter referred to as ( "the Premises "); and WHEREAS, the District desires to build the retention basin to manage storm water overflows on Goose Creek and provide for area -wide drainage and flood control, hereinafter referred to as ( "the Project "); and WHEREAS, the City desires to allow the District to enter the Premises to construct the Project, and the City desires to assume ownership and maintenance responsibilities once it is complete; and WHEREAS, the District is willing to pay the cost of design and construction phase engineering, construction management, construction, and construction phase testing, geotechnical investigation, surveying and contingencies for the Project ( "Project Cost ") up to an amount not to exceed $500,000.00 ( "Maximum Contribution "); and WHEREAS, the District is willing to pay for any structural repairs to the Project to maintain the integrity of the retention basin; and WHEREAS, the City desires to use the retention basin for park purposes and agrees to do so consistent with the use of the Project as a retention basin. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits to the parties herein named, the parties agree as follows: The District shall procure the necessary surveying and design phase engineering services required for the Project and submit drawings and specifications for construction of the Project to the City Manager for City Council review and approval prior to beginning construction. City Council members shall promptly review the drawings and specifications and shall not unreasonably withhold their approval. IB(T A ® n. Within 30 days of the City's approval of the drawings and specifications for the Project, the District shall advertise for and receive bids for the construction of the Project pursuant to the usual and customary procedures of the District, in accordance with the approved drawings and specifications, and in compliance with applicable competitive bidding statutes. The District reserves the right to reject all bids. In such event, the District may either have the right to re- advertise for bids in accordance with the drawings and specifications or terminate this Agreement as provided in Article III, paragraph 2. The District's determination of the lowest responsible bid for the Project shall be final and conclusive. The District shall be responsible for the cost and the administration of the construction contract. In the event the Project Cost is in excess of the District's Maximum Contribution the District has the following four options: 1. The District may elect to pay the additional cost and proceed to let the construction contract and continue with the Project. 2. The District may reject all bids and elect not to proceed with the letting of the construction contract and terminate the Project without further obligation to the City or District unless otherwise specifically provided in this Agreement. 3. The District may reject all bids and re- advertise for bids for the construction of the Project in accordance with the drawings and specifications in a manner similar to that of other District projects. 4. The District may notify the City of the bid and undertake to negotiate with the City for payment of all or part of the additional cost of the Project. If the parties agree in writing by amendment to this Agreement to pay the additional cost, then the City shall transmit to the District such funds as are necessary to satisfy the District's obligation for the additional cost of the project and the District shall proceed to let the construction contract. If the parties fail to agree on an allocation of the additional cost, then the District may proceed under one of the other three options above. &VA During the work on the Project, the City shall have the right to review all documents, maps or plat work. The City shall have the right to participate in the final inspection of the Project, but the City shall not interfere with the work in progress. At that time, any deficiencies noted by the City shall be addressed and corrected by the District, upon approval by the District Director. -2- 9 V. The City hereby grants to the District and its successors, assigns, officers, employees, agents and contractors the right to use the Premises to construct the Project and for one year after the date of substantial completion of the Project. The District's right to the use and enjoyment of the City's right, title, or interest, if any, is expressly limited to the City's right, title, or interest, if any, in and to the same, and the City makes no representation or warranty regarding the nature or extent of its right, title, or interest, if any, in and to such property. VI. The District shall repair the Project facilities to meet District standards for flood control for as long as the facility remains a retention basin. The City shall assume all other maintenance of the Project and shall assume full ownership of and responsibility for the Project to the same extent and in the same manner as for other like facilities of the City. VII. The City shall not alienate or in any way alter the constructed Project or interfere with its use as a retention basin without the prior written consent of the Harris County Commissioners Court. The City agrees that in using the retention basin for park purposes that it shall do so consistent with its use as a retention basin. VIII. 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. IX. It is expressly understood between the parties that the maximum sum the District has available for completion of the Project is the sum hereinbelow certified available by the County Auditor, and that when the District has expended said sum to meet its obligations hereunder the District shall have no further obligation or duty hereunder. X. The City or the District may terminate this Agreement, without cause, at any time prior to the letting of the Contract for construction of the Project by written notice to the other party. Neither the City nor the District shall thereafter have any further obligation hereunder. -3- 0 XI. 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 or effect, excepting a subsequent modification in writing signed by all parties hereto. X11. 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 P.O. Box 424 Baytown, TX 77522 -0424 Attn: City Manager All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway Houston, TX 77092 Attn: Director XIII. -the District, in performing under this Agreement, shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws; regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 151s C EXECUTED on APPROVED AS TO FORM: MICHAEL P. FLEMING County Attorney B MITZI TU NER Assistant County Attorney ATTEST: By n GARY SMITH City Clerk HARRIS COUNTY FLOOD CONTROL DISTRICT By ROBERT ECKELS County Judge CITY OF BAYTOWN By MONTE MERCER City Manager THE STATE OF TEXAS § § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, sitting as the governing body of the Harris County Flood Control District, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on , with the following members present, to -wit: Robert Eckels County Judge El Franco Lee Commissioner, Precinct No. 1 James Fonteno Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 and the following members absent, to -wit: , constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF BAYTOWN Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: AYES: NAYS: ABSTENTIONS: The County Judge thereupon announced that the motion had duly and lawfully carved and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City desires an 8 -acre retention basin be constructed on a 46.399 -acre tract located at State Highway 146 and Goose Creek, the location more fully described in Exhibit A attached herein, and hereinafter referred to as ( "the Premises "); and WHEREAS, the District desires to build the retention basin to manage stone water overflows on Goose Creek. and provide for area -wide drainage and flood control, hereinafter referred to as ( "the Project "); and WHEREAS, the City desires to allow the District to enter the Premises to construct the Project, and the City desires to assume ownership and maintenance responsibilities once it is complete; and WHEREAS, the District is willing to pay the cost of design and construction phase engineering, construction management, construction, and construction phase testing, geotechnical investigation, surveying and contingencies for the Project ( "Project Cost ") up to an amount not to exceed $500,000.00 ( "Maximum Contribution "); and WHEREAS, the District is willing to pay for any structural repairs to the Project to maintain the integrity of the retention basin; and WHEREAS, the City desires to use the retention basin for park purposes and agrees to do so consistent with the use of the Project as a retention basin. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Robert Eckels is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Agreement by and between the Harris County. Flood Control District and the City of Baytown, for a Maximum Contribution to be paid by the District of $500,000.00, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. 6:%s+eredWeecon" sWng%a32w.ax