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Ordinance No. 10,547cotra:1 AGREEMENT 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 called "County," and the City of Baytown, a municipal corporation under the laws of the State of Texas, hereinafter called "City"; WITNES SETH: WHEREAS, it is to the mutual benefit of the County and the City to construct a new outdoor skateboard facility ("Facility"), on park land owned by the City known as Walter L. Jenkins Park ("Park") located at 4334 Crosby Cedar Bayou Road in the City of Baytown, for the use of the citizens of the City and the County, as well as provide a means to actively and recreationally occupy the time and leisure of said citizens; and WHEREAS, the City is willing to construct, or cause the Facility to be constructed, if the County will contribute a portion of the cost thereof; and WHEREAS, the County is willing to participate in the Facility by contributing a portion of the construction cost thereof as hereinafter provided, in consideration of the City providing the land, and constructing and maintaining the Facility; and WHEREAS, the County and City are authorized to enter into this Agreement by TEX. Loc. GOV'T CODE ANN. §§ 332.002, 332.021 (Vernon 2005), pursuant to which the County and the City may cooperate with each other to provide, maintain, construct and operate park and recreational facilities located on property owned or acquired by either political subdivision; and WHEREAS, the Commissioners Court of Harris County, Texas, has determined, and hereby determines, that it is advisable for the County to construct the Facility; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: I. The City will construct, or cause to be constructed, the Facility in accordance with drawings that the General Superintendent of Parks for Harris County Commissioner, Precinct 2 ("Parks Superintendent") approves in writing. II. After completion of the construction of the Facility, the City's Mayor will notify the Parks Superintendent in writing that the construction of the Facility has been completed, together with the amount of the actual construction cost of the Facility. The Parks Superintendent will inspect the construction. After approval by the Parks Superintendent of the construction, the County will transmit to the City a check in the amount of 50% of the actual construction cost of the Facility, but not to exceed $75,000.00. The term "actual construction cost," as used herein, means the total amount the contractor is entitled to receive under the terms of the construction contract for the construction of the Facility. The County is not obligated to pay any portion of the cost of engineering services or other costs. The City will not use or permit the property upon which the Facility is constructed to be used for any purpose or purposes other than in connection with the operation and maintenance of an outdoor skateboard facility, nor take any action inconsistent with such use, for a period of at least ten years after receipt of the funds from the County. The Facility will be accessible to the residents of both the County and the City alike and on the same basis, without regard to race, sex, religion or national origin. To the extent that funds are available, the City will maintain the Facility, and in no event is the County obligated to provide maintenance of the Facility. IV. In performing its obligations hereunder, the City will comply with all applicable Federal, State, County and City laws, ordinances, rules and regulations, now in force or that may hereafter be enacted or promulgated. V. Upon request by the County Commissioner of Precinct 2, the City will place a sign in the Park, at a location, of a type and in a form to be approved by the County Commissioner of Precinct 2, which acknowledges the County's participation in the construction of the Facility. VI. The County has appropriated and has available the maximum sum of $75,000.00 to satisfy its obligations under this Agreement. VII. All notices and communications required or permitted to be given by the County to the City under this Agreement may be given by registered or certified United States mail, postage prepaid, return receipt requested, addressed to the City of Baytown, Attention: Mayor, 2401 Market Street, Baytown, Texas 77522. All notices and communications required or permitted to be given by the City to the County under this Agreement may be given by registered or certified United States mail, postage prepaid, return receipt requested, addressed to Harris County, Attention: General Superintendent of Parks, Precinct No. 2, 1001 Preston, 9th Floor, Houston, Texas 77002. Notice will be considered given and completed upon deposit of the notice in a United States Postal Service receptacle. Either party may change its address pursuant to this paragraph upon written notice to the other party. 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 are of no force and effect excepting a subsequent modification in writing, signed by all parties hereto. IN TESTIMONY OF WHICH, this agreement has been executed in duplicated counterparts, each to have the force and effect of an original as follows: (a) It has been executed on behalf of the County on the day of 2007, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such execution; and 2 MAR 0 6 2007 It has been executed on behalf of the County on the day of 2007, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such execution; and It has been executed on behalf of the City on the 14 day o 2007, by its Mayor, and attested by its City Clerk, pursuant to orinancethe City Council of the City of Baytown authorizing such execution. APPROVED AS TO FORM: MIKE STAFFORD County Attorney By LIAM R. BRUYERE Senior Assistant County Attorne I/BAYTOWN2 ODY, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR. ty Attorney HARRIS COUNTY CITY OF B • OWN By STE' 411111111111h . DONCARLOS, Mayor COUNTERSIGNED: AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $75,000.00 to pay the obligation of Harris County under and within the foregoing contract. Arc c,r 3—i9/7 BARBARA J. SCHOTT, County Auditor THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of MAR 0 6 2007 2007, with the following members present, to -wit: Robert Eckels El Franco Lee Sylvia R. Garcia Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. I Commissioner, Precinct No. 2 Commissioner, Precinct No. 3 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 AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE CONSTRUCTION OF AN OUTDOOR SKATEBOARD FACILITY IN WALTER L. JENKINS PARK Commissioner roduced 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: Yes No Abstain Judge Robert Eckels Comm. El Franco Lee Comm. Sylvia R. Garcia Comm. Steve Radack Comm. Jerry Eversole The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, it is to the mutual benefit of Harris County ("County") and the City of Baytown ("City") to construct a new skateboard facility ("Facility"), on park land owned by the City known as Walter L. Jenkins Park ("Park") located at 4334 Crosby Cedar Bayou Road in the City of Baytown, for the use of the citizens of the City and the County, as well as provide a means to actively and recreationally occupy the time and leisure of said citizens; and WHEREAS, the City is willing to construct, or cause the Facility to be constructed, if the County will contribute a portion of the cost thereof and Presented to Commissioners' Court MAR 0 6 2007 APPROVE Recorded Vol Page WHEREAS, the County is willing to participate in the Facility by contributing a portion of the construction cost thereof as hereinafter provided, in consideration of the City providing the land, and constructing and maintaining the Facility; and WHEREAS, the County and City are authorized to enter into this Agreement by TEX. Loc. GOV'T CODE ANN. §§ 332.002, 332.021 (Vernon 2005), pursuant to which the County and the City may cooperate with each other to provide, maintain, construct and operate park and recreational facilities located on property owned or acquired by either political subdivision; and WHEREAS, the Commissioners Court of Harris County, Texas, has determined, and hereby determines, that it is advisable for the County to construct the Facility; 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: The Harris County Judge is authorized to execute, for and on behalf of Harris County, an Agreement by and between Harris County and the City of Baytown for the construction of a skateboard facility at Walter L. Jenkins Park in the City of Baytown for the citizens of the City of Baytown and Harris County, the Agreement being incorporated herein by reference and made a part hereof for all intents and purposes as though fully set forth herein word for word. Section 3: All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purpose of this Order. 2 r i TFHE ORIGINAL DOCUMENT -HAS-A TRUE-WATERMARKPAPER. HOLD TO. LIaaH'ffi0 $EE THE CHAINLINK PATTERN WHEN CHECKING THE ENDORSEMENTS - County Auditors Form 47000 Harris County, Texas (10/03) TREASURER OF HARRIS COUNTY, TEXAS Central Disbursement 1001 Preston Avenue Houston, Texas 77002 PAY: SEVENTY FOUR Thousand NINE Hundred NINETY SIX Dollars and SIXTY SIX Cents TO THE ORDER OF: CITY OF BAYTOWN PCT 2 HOLD 455-8104 3 U VALID ONLY `M-IEN COUNTERSIGNED op22307290 I:LL31L05E361: ll' 0,0,031591i' AMEGY BANK OF TEXAS PORTER, TEXAS No 02230729 Date: 05/15/2007 $74,996.66 HARRIS CO f Y AUDITOR Signature DETACH THIS STATEMENT BEFORE DEPOSITING CHECK COUNTY OF HARRIS - Central Disbursement HARRIS COUNTY ADMINISTRATION BUILDING 1001 PRESTON, HOUSTON, TEXAS 77002 No. 02230729 INVOICE NUMBER INVOICE DATE PURCHASE ORDER NUMBER AMOUNT COMMENT 04302007 05/10/07 74,996.66 outdoor skate park CALL (713) 755-6573 WITH QUESTIONS REGARDING THIS REMITTANCE k(.innn naim ORDINANCE NO. 10,547 AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF BAYTOWN, TEXAS, AUTHORIZING THE ClTY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR REIMBURSEMENT FOR THE CONSTRUCTION OF THE JENKINS PARK SKATE PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes and directs the City Manager to execute and the City Clerk to attest to an interlocal agreement with Harris County for reimbursement for the construction of the Jenkins Park Skate Park. 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. 7 INTRODUCED, READ and PASSED Baytown this the gth day of February, 2007. APPROVED AS TO FORM: by the affirnlative v te of the City Council of the City k' III. The City will not use or permit the property upon which the Facility is constructed to be used for any purpose or purposes other than in connection with the operation and maintenance of an outdoor skateboard facility, nor take any action inconsistent with such use, for a period of at least ten years after receipt of the funds from the County. The Facility will be accessible to the residents of both the County and the City alike and on the same basis, without regard to race, sex, religion or national origin. To the extent that funds are available, the City will maintain the Facility, and in no event is the County obligated to provide maintenance of the Facility. IV. In performing its obligations hereunder, the City will comply with all applicable Federal, State, County and City laws, ordinances, rules and regulations, now in force or that may hereafter be enacted or promulgated. V. Upon request by the County Commissioner of Precinct 2, the City will place a sign in the Park, at a location, of a type and in a form to be approved by the County Commissioner of Precinct 2, which acknowledges the County's participation in the construction of the Facility. VI. The County has appropriated and has available the maximum sum of $75,000.00 to satisfy its obligations under this Agreement. VII. All notices and communications required or permitted to be given by the County to the City under this Agreement may be given by registered or certified United States mail, postage prepaid, return receipt requested, addressed to the City of Baytown, Attention: Mayor, 2401 Market Street, Baytown, Texas 77522. All notices and communications required or permitted to be given by the City to the County under this Agreement may be given by registered or certified United States mail, postage prepaid, return receipt requested, addressed to Harris County, Attention: General Superintendent of Parks, Precinct No. 2, 1001 Preston, 9thFloor, Houston, Texas 77002. Notice will be considered given and completed upon deposit of the notice in a United States Postal Service receptacle. Either party may change its address pursuant to this paragraph upon written notice to the other party. vm. 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 are of no force and effect excepting a subsequent modification in writing, signed by all parties hereto. IN TESTIMONY OF WHICH, this agreement has been executed in duplicated counterparts, each to have the force and effect of an original as follows: (a) It has been executed on behalf of the County on the day of 2007, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such execution; and