Ordinance No. 11,196ORDINANCE NO. 11,196
AN ORDINANCE OF TILE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AMEND:NIENT NO. 2 "h0 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 BAYTO'lll
TEXAS:
Section l: That the Citv Council of the City of Bavtown, Texas, hereby authorizes
the City Manager to execute Amendment No. 2 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 innnediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative ote of the City Council of the
City of Baytown this the 24h day of September, 2009.
ST &HtteDONCARLOS, Mayor
ATTEST:
�p.YTOty
F.171 IA GAAZAjterim City Clerk o`�,' ° ""'"~
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APPROVED AS TO FORM:
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I NACIO R1MIREZ. SR., ity Attorney
R', KarenTiles'Civ, Council, Ordinances 2009 September 24 Amendment2 Interlocal 4BusCtreulatorProgr:un doc
Exhibit "A"
AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT
FOR CIRCULATOR BUS SERVICE
IN CITY OF BAYTOWN
T1 I E 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 ".
WITNESSET1 -1
WHEREAS, on or about July 8. 2008. BAYTO" and the County entered into an
agreement regarding the provision of fixed route us services in the City of Baytown for a term of
one year; and
WHEREAS, the parties have previously entered into Amendment No. I to the Agreement
to provide for continuation of the service for an additional year;
WHEREAS. the parties now desire to enter into a new amendment in order to provide for
a third fixed route under the Agreement and to provide for funding such third route.
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
S150,000.00. Baytown shall send 575.000.00 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
1 9/16/2009
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
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 hinds 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
$173.000.00. 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. Baytown shall send an additional $23,000.00 to the County for use
in paying its obligations to provide Local Operating Funds on or before October
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
2 9/16/2009
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 such agreements
with the County as the County deems necessary 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, 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 3 of the Agreement, reading:
ARTICLE 3
County Obligations
The County agrees to operate the Fixed Route Bus Service in the City of
Baytown and provide necessary transit vehicles through the use of outside
contractors. The Director of the County Community Services Department
( "Director ") will, in consultation with the Baytown City Manager
( "Manager'), determine the travel routes for such service, and will
determine the schedule for operation, and the type and number of transit
vehicles to be utilized for the service. The Director may, from time to time,
revise the schedule for operation of the service based upon ridership
levels and service demands in consultation with and written approval of
3 9/16/2009
the Manager. Any changes in service will be subject to the public input
requirements of Title VI, 42 U.S.C. The proposed routes are depicted on
Exhibit "A" to this Agreement, and the service hours will be from 7:00 AM
until 6:00 PM Monday through Friday excluding County holidays.
Additional demand response service may be made available prior to 7:00
AM and after 6:00 PM subject to the availability of additional grant funding.
A special Park and Ride Express bus will operate daily from 6:00 AM —
6:45 AM and from 6:15 PM — 7:00 PM Monday through Friday. Service on
the bus will be as depicted on the attached Exhibit "A ".
is amended to read:
ARTICLE 3
County Obligations
The County agrees to operate the Fixed Route Bus Service in the City of
Baytown and provide necessary transit vehicles through the use of outside
contractors. The Director of the County Community Services Department
( "Director ") will, in consultation with the Baytown City Manager
( "Manager'), determine the travel routes for such service, and will
determine the schedule for operation, and the type and number of transit
vehicles to be utilized for the service. The Director may, from time to time,
revise the schedule for operation of the service based upon ridership
levels and service demands in consultation with and written approval of
the Manager. Any changes in service will be subject to the public input
requirements of Title VI, 42 U.S.C. The proposed routes are depicted on
Exhibit "A" to this Agreement, and the service hours will be from 7:00 AM
until 6:00 PM Monday through Friday excluding County holidays.
Additional demand response service may be made available prior to 7:00
4 9/16/2009
AM and after 6:00 PM subject to the availability of additional grant funding.
A-spr-_,c4a-i-PP-aw�a4id--R-ode-Expxe-ss- oLls--M--
6: -40- PM- Monday— ihro{ugh Friday.-- Service on
the bus will be as depicted on the attached Exhibit "A". After entry into
Amendment No. 2 to this Agreement, the proposed routes of service,
subject to adjustment as provided above, will be as depicted on Exhibit "B"
as attached to Amendment No. 2 to this Agreement.
IN TESTIMONY OF WHICH, this Amendment, in duplicate originals, each having equal force,
has been executed on behalf of the parties hereto as follows:
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 Co/u�rt authorizing such execution.
b. It has on tha� day of . , 2009, been executed on behalf of the City of
Baytown by &L)) Ll_(o I Iff , and attested by its Secretary, pursuant to
j authorizing such execution.
HARRIS COUNTY
M
David B. Turkel
Director of Harris County Community
Services Department
APPROVED AS TO FORM:
VINCE RYAN,
Harris County Attorney
By:
Assistant County Attorney:
5
•
ATTEST CITY OF BAYTOWN
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Printed Name:t_.0 n C 1. G7 f4- Printe e: .G:"..-- F/(
cdetitCity Clerk Title:
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Exhibit A
Zan Jacinto Mail
Park & Ride
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N VAef Rd W R,,ker Rd
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E%Pi,k St
Transfer Point
146
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201
1 6/1912008
Route 1 would be a north and south route from Park St. to San Jacinto Nlall and return via Garth Road
durin; the peak hours of lam to 10:300am and again from 3:05pm until 6pm.
•� Stops on this route may include but are not limited to, -Target, Wal- iviart, Conn's, I_owes Home
Center, The WorkSOUrce, San Jacinto Mall, Home Depot, Krogers, Methodist Hospital and
Bayto%an Primary Care.
• "Transfer connection at Walgreens -Garth ! Park St.
Route Z would provide east service for the area from Park St at Garth to N. \,lain at
Park, traveling N. Main St. to W. Main, over to Lee St. with stops at Lee College. The West bound run
would travel from Lee College down Market to City Hall, travel back on Market to Main, go through the
"state street subdivision via Main St, travel tilain St. to Lee with stops up to Lee College. The bus would
then proceed to the Park St. transfer via Decker and Garth Rd.
• Stops on this route may include but are not limited to Lee College, Baytown City Library, Food
Town, Harris County Health Dept...
• Transfer connection at Walgreens -Garth / Park
Route 3 would run from Park St. beginning 10:30am would add an east -west leg to the Garth Rd. Route
1 that would cover Rollingbrook St. and Baker Rd. until 3:05pm.
• Stops would include Methodist Hospital, the Harris County Court annex on Baker, the Post
Office on Baker, the WIC center and other services deemed essential.
• The route would also include a north south component on Garth Rd with transfers at Park Rd.
2 6/19/2008
EXHIBIT B
Baytown Fixed Route Service Fall- 2009
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1 9/16/2009
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County. Texas, convened at a nleeUng of said COnI't
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
E1 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. 2 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.
notion for adoption of the order
prevailed by the following vote:
Judge Emmett
Comm. Lee
Comm. Garcia
Comm. Radack
Comm. Eversole
introduced an order and made a
Commissioner seconded the
The motion, carrying with it the adoption of the order,
Yes
No
Abstain
❑
❑
❑
❑
❑
❑
❑
❑
❑
The County Judge thereupon announced that the motion had duly and lawfully carried
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. 2 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.
1 9/1 6/2009