Ordinance No. 11,126ORDINANCE NO. 11,126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS. AUTHORIZING AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE
IN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS:
Section l: That the City Council of the City of Baytown. Texas, hereby authorizes
the City Manager to execute Amendment No. I to the Interlocal Agreement with Harris County
for Circulator Bus Service in the City of Baytown. A copy of said amendment is attached hereto
as Exhibit "A," and incorporated herein 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 affirmati
City of Baytown this the I I lh day of June. 2009.
ATTE T:
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KAY E DA , City Clerk-
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APPROVED AS TO FORM:
NACIO RAMIREZ, SR. ty Attorney
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of the City Council of the
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ANIENDMENT NOA TO INTERLOCAL AGREEMENT
FOR CIRCULATOR BUS SERVICE
IN CITY OF BAYTOWN
THE STATE OF TEXAS
COUNTY OF HARRIS
This Amendment is made and entered into by and between the Harris County, Texas, a
body corporate and politic under the laws of the State of Texas, herein after called the "County"
and the City of Baytown, a home -rule city under the laws of the State of Texas, hereinafter called
"Baytown ".
WITNESSETH
WHEREAS, on or about July 8, 2008, BAYTOWN and the County entered into an
agreement regarding the provision of fixed route bus services in the City of Baytown for a term
of one year; and
WHEREAS, the parties desire to amend the agreement for continuation of the service for
an additional year;
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
Section 2.4 of the Agreement, reading:
2.4 The City of Baytown will provide all required Local Operating Funds for the
cost of the service during the term of this Agreement, up to a maximum of
$75,000.00. Baytown shall send $75,000.00 to the County for use in paying its
obligations to provide Local Operating Funds within 15 days of the effective date
of this agreement. The funds will be maintained in a special reserve account. It is
understood and agreed that a portion of the route service provided is to benefit
students of Lee College for which Lee College is subject to a separate agreement,
5/26/2009
1
and the County may look to Lee College and others to pay part of the Local
Operating Funds. In the event the Lee College does not reach an agreement with
the County or ceases to continue its relationship with the County, the County has
the right to adjust routes and service times accordingly, provided that such change
is approved in writing by the Manager as hereinafter defined. Should the County
determine that such funds from the City of Baytown and others are inadequate to
pay for all required Local Operating Funds during such first year, the County shall
have no obligation to continue providing the services hereunder if.
• the funds from the City are totally expended,
the County gives notice to the City to send additional funds to the County for the
purposes of this agreement, and
the City fails to send additional funds to the County for purposes of this
agreement within thirty days of receipt of notice from the County.
is amended to read:
2.4 The City of Baytown will provide all required Local Operating Funds for
the cost of the service during the term of this Agreement, up to a maximum of
$150,000.00. Baytown shall send $75,000.00 to the County for use in paying its
obligations to provide Local Operating Funds within 15 days of the effective date
of this agreement. Baytown shall send an additional $75,000.00 to the County for
use in paying its obligations to provide Local Operating Funds on or before July
15, 2009 The funds will be maintained in a special reserve account. It is
understood and agreed that a portion of the route service provided is to benefit
students of Lee College for which Lee College is subject to a separate agreement,
and the County may look to Lee College and others to pay part of the Local
Operating Funds. In the event the Lee College does not reach an agreement with
the County or ceases to continue its relationship with the County, the County has
the right to adjust routes and service times accordingly, provided that such change
is approved in writing by the Manager as hereinafter defined. Should the County
2 5/26/2009
determine that such funds from the City of Baytown and others are inadequate to
pay for all required Local Operating Funds, the County shall have no obligation to
continue providing the services hereunder if:
the funds from the City are totally expended,
the County gives notice to the City to send additional funds to the County for the
purposes of this agreement, and
• the City fails to send additional funds to the County for purposes of this
agreement within thirty days of receipt of notice from the County.
Article 6 of the Agreement, reading:
ARTICLE 6
Term
Unless terminated sooner as set forth above, the term of this Agreement
shall be one year from the date this Agreement is executed. Any funds provided
by the City remaining at the expiration of this Agreement shall be refunded to the
City within thirty (30) days of such expiration
is amended to read:
ARTICLE 6
Term
Unless terminated sooner as set forth above, the term of this Agreement
shall begin on July 8, 2008 and terminate at the end of the day on July 8, 2010.
Any funds provided by the City remaining at the expiration of this Agreement
shall be refunded to the City within thirty (30) days of such expiration
IN TESTIMONY OF WHICH, this Amendment, in duplicate originals, each having equal force,
has been executed on behalf of the parties hereto as follows:
3 ensnoos
a. It has on the day of , 2009, been executed on behalf of the County by
David Turkel, Director of the County Community Services Department, pursuant to
of the County Commissioners Court authorizing such execution.
b. It has on the fy� day of June, 2009, been executed on behalf of the City of
Baytown by Carry Brumba _k, and attested by its Secretary, pursuant to
City Council for City of Baytown authorizing such execution.
HARRIS COUNTY
0
David B. Turkel
Director of Harris County Community
Services Department
APPROVED AS TO FORM:
VINCE RYAN,
Harris County Attorney
By: G
Assistant County Attorney:
ATTEST
Pri
4
CITY OF BA
By ..'/
Printed Name:
Title: ri t--,
Brumback
5/26/2009
AAW
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Hams 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
, 2009, 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 /APPROVING AMENDMENT NO. I TO
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF
BAYTOWN FIXED ROUTE BUS SERVICE WITHIN THE CITY OF
BAYTOWN
Commissioner
motion that the same be adopted. Commissioner
motion for adoption of the order. The motion,
prevailed by the following vote:
Judge Emmett
Comm. Lee
Comm. Garcia
Comm. Radack
Comm. Eversole
introduced an order and made a
seconded the
carrying with it the adoption of the order,
Yes No Abstain
The County Judge thereupon announced that the motion had duly and lawfully tamed
and that the order had been duly and law -fully adopted. The order thus adopted follows:
IT IS ORDERED that the Director of the County Community Services Department is
authorized to execute for and on behalf of Harris County, Amendment No. 1 to an Agreement by
and between Harris County and the City of Baytown regarding Fixed Route Bus Service within
the City of Baytown, said Amendment being attached hereto and incorporated herein by
reference for all purposes as though fully set forth word for word.
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N
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The County Judge thereupon announced that the motion had duly and lawfully tamed
and that the order had been duly and law -fully adopted. The order thus adopted follows:
IT IS ORDERED that the Director of the County Community Services Department is
authorized to execute for and on behalf of Harris County, Amendment No. 1 to an Agreement by
and between Harris County and the City of Baytown regarding Fixed Route Bus Service within
the City of Baytown, said Amendment being attached hereto and incorporated herein by
reference for all purposes as though fully set forth word for word.
WM00s