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Ordinance No. 10,310ORDINANCE NO. 10,310 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 12 WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR PHASE III OF THE GOOSE CREEK STREAM GREENBELT TRAIL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINE HUNDRED SIX AND 38/100 DOLLARS. ($906.38); MAKING OTHER PROVISIONS RELATED THERETO; 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 does hereby authorize Change Order No. 12 with Texas Department of Transportation for Phase III of the Goose Creek Stream Greenbelt, Trail. A copy of said change order is attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown hereby authorizes the payment of NINE HUNDRED SIX AND 38/100 DOLLARS ($906.38) to Texas Department of Transportation for Change Order No. 12 for Phase III of the Goose Creek Stream Greenbelt Trail. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 4: 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 ith s re 13`h d y of April, 2006. ' CALVIN MUNDINGER, Nta or _A LORRI'tC0t%DY, City Clerk APPR VEDAS TO FORM: 4CWACIO RAMIREZ, SR., CitJ>ttorney • P-\ KarenlFiles\ CityCouncill Ordinances12006\A pri1131ChangeOrderI2GooseCreekGreenbeh `rrail Phase[ ILdoc • TEXAS DEPARTMENT OF TRANSPORTATION CHANGE ORDER NUMBER: 12 (Supporting Supplemental Agreement No. NIA ) Advance Funding Agreement (Third Party Funding) Information 20.00% of $4,064.48 This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT. 1. Outside funding provided by: City of Baytown (Outside Entity's legal Name) 2. Type of outside funding agreement for this change: [ Check one ] Q Existing ❑ Amended ❑ New 3. Indicate the type and amount of funding: ❑ Fixed Price (Lump Sum) (Estimated Amount: n Actual Cost (Estimated Amount: ennc QO CCSJ: .0912 -71 -429, Etc. Project: STP 94 (227) TE, Etc. Highway. VA Limits: From Arizona St. to S. of Market From S. of Market St. to W. Texas City C!P No: County: Harris District: HOU Contract Number. 09043217 Contract Items (Bid Items): $812.90 1 hereby approve the modifications covered by Form CO for this Change order and agree to finance the E &C (11.5 °k )' $93.48 additional costs, if any, as reflected by this form. Subtotal $906.38 Advance Funding Date Indirect Cost ( 0.0% )" $0.00 By TOTAL $906.38 Typed /Printed Name Typed /Printed Title The percentage ( %) for E &C (Engineering and Contingencies) charges varies from project to project from approximately 6% to 11 % depending on the contract amount of the project. Projects with higher contract amount will have the lower rate of E &C charge. For a specific project, E &C rate ( %) can be derived from the cost of "Engineering and Contingencies" in the "Estimated Cost" of the project. Use the statewide district rate as established by Finance Division each year. This line is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98 -2 for instructions. Advance Funding for this Change Order has been arranged: District Engineer Date Typed /Printed Name: Gary K. Trietsch, P.E. Form CO -AFA 5 -98R (Modified for Houston District use, 3199) APP A St. Ave. ORDINANCE NO. 10,309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SALE OF APPROXIMATELY THREE ACRES OF SURPLUS PROPERTY LOCATED AT 4302 BARKALOO ROAD, BAYTOWN, HARRIS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS TRACT 4A OF ABSTRACT 709 OF THE J W SINGLETON SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS, TO RIVER VILLAGE, LLC, FOR TWENTY -EIGHT THOUSAND AND NO /100 DOLLARS ($28,000.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 the sale of approximately three (3) acres of surplus property located at 4302 Barkaloo Road, Baytown, Harris County, Texas, more particularly described as Tract 4A of Abstract 709 of the J W Singleton Survey, Baytown, Harris County, Texas, to River Village, LLC, for TWENTY -EIGHT THOUSAND AND NO/ 100 DOLLARS ($28,000.00). Section 2: That the City Council of the City of Baytown, Texas, authorizes and directs the Mayor to execute a deed without warranty conveying the Property to River Village, LLC, upon receipt of payment therefor. A copy of said deed is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 3: 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 13th day of April, 2006. im__ CALVIN MUNDINGER, r Dl', �Ity Clerk APPROVED AS TO FORM: AtfNACIO RAM I REZ, SR., Ci Attorney R:\Karcn\Filcs \City Council\Ordinances\2006\April 13\.Sa1eofSurp]usProper1y.doe . • NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT the CITY OF BAYTOWN, TEXAS, a municipal corporation located in Harris and Chambers Counties, Texas ( "Grantor "), for and in consideration of the sum of TWENTY -EIGHT THOUSAND AND NO 1100 DOLLARS ($28,000.00) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are acknowledged by Grantor, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL, and CONVEY to RIVER VILLAGE LLC ( "Grantee "), a tract of land located adjacent to Barkaloo Road in Baytown, Harris County, Texas, more particularly described as follows: TR 4A A 709 J W SINGLETON Grantor excludes and excepts any warranties, express or implied, regarding the Property, including, without limitation, any warranties arising by common law or Section 5.023 of the Property Code or its successor. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the provisions stated above, to Grantee, its successors and assigns forever, without warranty of any kind. Executed this day of April, 2006. STATE OF TEXAS § § COUNTYOF HARRIS § GARY JACKSON, City Manager • BEFORE ME, , the undersigned authority, on this day personally appeared Gary Jackson, City Manager of the City of Baytown, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity stated, and as the act and deed of the City of Baytown. Deed without Warranty, Page I LWU A 0 TO CERTIFY WHICH, witness my hand and seal of office this the _ day of April, 2006. • NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS RETURN TO GRANTEE: RIVER VILLAGE LLC 10100 W SAM HOUSTON PKWY S STE 340 HOUSTON, TX 77099 GRANTOR: CITY OF BAYTOWN OFFICE OF THE CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 RAKaren \Fikes \Legal \Deeds & Easements\ DeedWithoutWarrantyComplete2RiverVil lage.doc Deed without Warranty, Page 2