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Ordinance No. 10,737QRDINANQE NO. 10,737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR REIMBURSEMENT OF THE EQUIPMENT FOR THE UN1DAD PARK SKATE PARK; 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 hereby authorizes and directs the City Manager to execute and the City Clerk to attest to an interlocal agreement with Harris County for reimbursement of the equipment for the Unidad 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. INTRODUCED, READ and PASSED by the affirmative vote <$Yhe City Council of the City of this the 25lh day of October, 2007. STEPHEN FTDONCARLOS, Mayor APPROVED AS TO FORM: ACIO'R&^JREZ, SR., Cfty/\Uorney R:'Kareii\FilMl£"ityCouncirOnJiniiticcs\2fl0W(;hruary8\HamsCoumyRciinbuiscmcnlAgҿ Exhibit "A" 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 ; WITNESSETH: 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 Unidad Park ("Park") located at 2510 J.B. leFevre 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 Vi of the cost of the skate park equipment as hereinafter provided, in consideration of the City providing the land and infrastructure of the park including, but not limited to, the constructing the slab, fencing, lighting, parking lot, walkway, maintaining the Facility and paying the other 54 of the cost of the skate park equipment; and WHEREAS, the County and City are authorized to enter into this Agreement by Tex. Loc. Gov'tCode 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, and will provide the Parks Superintendent with an itemization of the actual construction cost of the Facility that enables the Parks Superintendent to ascertain the cost of the skate park equipment. The Parks Superintendent will inspect the construction and the skate park equipment. After approval by the Parks Superintendent of the construction and skate park equipment, the County will transmit to the City a check in the amount of 50% of the actual cost of the skate park equipment, but not to exceed S75.000.00. 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. 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. rv. 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. vn. 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: i.i) It has been executed on behalf of the County on the day of (b) It has been exccuicd on behalf ofihc Cny y . 2007, by the County Judge of Harris Coumy. Texas, pursuant lo an order 01 the Commissioners Conn of Harris County. Texas, authorizing such execution: and It has been executed on behalf of the City on the day of __ 2007. by iis Mayor, and attested by its City Clerk, pursuant to ordinance of the City Councii of the City of Baytown authorizing such execution. APPROVED AS TO FORM: MIKE STAFFORD iVmntv Auomev WILLIAM R. BRUYERE Senior Assistant County Attorney i »AYTOW\.s HARRIS COUNTY By lib EMMETT. County Judge ATTEST: CITY OF BAYTOWN LORRICOODY.Citv Clerk Bv _____ STEPHEN H. DONCARLOS.'Mavor APPROVED AS TO FORM: COUNTERSIGNED: IUNACIO RAMIREZ, SR.. Citv Auomev RHONDA YOUNG. Director of Finance A U D ITOR'S C E RTIFI CAT E I hereby certify that funds are available in the amount of S75.000.00 to pay the obligation of Harris County under and within the foregoing contract. BARBARA J. SCHOTT. Couniv 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 2007, with the following members present, to-wit: EdEmmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia 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 AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE CONSTRUCTION OF AN OUTDOOR SKATEBOARD FACILITY IN UNIDAD PARK 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: Yes No Abstain Judge Ed Emmett D □ D Comm. El Franco Lee Q D D Comm. Sylvia R. Garcia D Q D Comm. Steve Radack D D D Comm. Jerry Eversole D D D 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 Unidad Park ("Park") located at 2510 J.B. leFevre 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 Vi of the cost of the skate park equipment as hereinafter provided, in consideration of the City providing the land and infrastructure of the park including, but not limited to, the constructing the slab, fencing, lighting, parking lot, walkway, maintaining the Facility and paying the other Vi of the cost of the skate park equipment; and WHEREAS, the County and City are authorized to enter into this Agreement by Tex. Loc. Gov'T Code Ann. §§ 332.002, 332.021 (Vemon 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 Unidad 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. 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"; WITNESSETH: 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 Unidad Park ("Park") located at 2510 J.B. leFevre 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 V2 of the cost of the skate park equipment as hereinafter provided, in consideration of the City providing the land and infrastructure of the park including, but not limited to, the constructing the slab, fencing, lighting, parking lot, walkway, maintaining the Facility and paying the other %2 of the cost of the skate park equipment; 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, and will provide the Parks Superintendent with an itemization of the actual construction cost of the Facility that enables the Parks Superintendent to ascertain the cost of the skate park equipment. The Parks Superintendent will inspect the construction and the skate park equipment. After approval by the Parks Superintendent of the construction and skate park equipment, the County will transmit to the City a check in the amount of 50% of the actual cost of the skate park equipment, 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. 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, 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: 2 (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 exec tion; and (b) It has been executed on behalf of the City on the S day of Cr.kidWC 2007, by its Mayor, and attested by its City Clerk, pursuant to ordinance of the City Council of the City of Baytown authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY MIKE STAFFORD County Attorney B .�«, By WILLIAiM R. BRUYERE ED EMMETT, County Judge Senior Assistant County Attorney UBAYTOWN3 ATTEST: CITY OF BA OWN ?Jj ---- By LORRI COO Y, City Clerk STEPHEN H. DONCARLOS, Mayor APPROVED AS TO FORM: COUNTERSIGNED: e2e. 1 , -4 i 4„,,vid. ACIO RAMIREZ, S'$ ity Attorney RHONDA YO G, Dirtor of Fin ce 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. BARBARA J. SCHOTT, County Auditor 3 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 2007, with the following members present, to-wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia 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 AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE CONSTRUCTION OF AN OUTDOOR SKATEBOARD FACILITY IN UNIDAD PARK 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: Yes No Abstain Judge Ed Emmett ❑ ❑ ❑ 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 Unidad Park ("Park") located at 2510 J.B. leFevre 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 %2 of the cost of the skate park equipment as hereinafter provided, in consideration of the City providing the land and infrastructure of the park including, but not limited to, the constructing the slab, fencing, lighting, parking lot, walkway, maintaining the Facility and paying the other %2 of the cost of the skate park equipment; 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 Unidad 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