Ordinance No. 11,2220R- 1D1-NANCE 'j'40.11-222
AN ORDINANCE OF THE CITE' COUNCIL OF TI-fE CITY OF BAYTOWN. TEXAS_
AUTHOR- "ZING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY
CLERK TO ATTEST TO AN 1N717ERLOCAL AGREEMENT WI-I'H HARRIS
COUNTY FOR IMPROVEMENTS "1 -0 THE NORTH MAIN AT WALLISVILLE
INTERSECTION: AUTHORIZING PAYMENT BY THE CITY OF BAY -FO\VN IN
"I -I -IE AMOUNT OF ONE THOUSAND AND NO /100 DOLLARS
($100.000.00): MAKING OTHER PROVISIONS Ri LA "I-E13 THERETO: AND
PROVIDING FOR THE EFFECTIVE DATE THEPEOF-
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CI"I -Y OF BAYTOWN. TEXAS:
Section 1: That the City Council of the City of Baytown_ "1-exas, hereby authorizes the City
Manager to execute and the Interim City- Clerk to attest to an Interlocal Agreement with Harris County= for
improvements to the North Main at Nk'ailisville intersection. A copy of said agreement is attached hereto
as Exhibit "A,'' and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown hereby authorizes payment in the
amount of ONE HUNDRED THOUSAND AND NO /100 DOLLARS (5100,000.00) pursuant to the
Agreement authorized in Section I hereof.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown. --07
INTRODUCED, READ and PASSED by the affirmative vote of tl City- Council of the City of
Baytown this the 19i1' day of October. 2009.
SX'EPH'153.4- . DONCARLOS, Mayor
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.APPROVED AS TO FORNVI:
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R-`,i�aren:l=ilcti�.City Council ' +Ordinances'2009' +Ocxober 19`.interlocahvith Hcuri= Couruy3 \l�7ai1 �'R'alf isvilleLnarsecxionImprovememsdoc
Exhibit "A"
AGREEMENT
THE STATE OF TEXAS
COUNTY OF I- IARRIS
This Agreement is 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 body corporate and politic under the laws of the State of Texas. hereinafter
called "City."
RECITALS:
1. It is to the mutual interest of the County and the City to construct intersection
improvements on North Main Street at Wallisville Road, including but not limited to left
turn lanes, transition tapers, signing and striping, and drainage improvements, and all
necessary appurtenances, hereinafter called the "Project."
The County is willing to construct the intersection improvements if the City will provide
S100,000.00 as a contribution towards that portion of the Project located within the
corporate limits of tine City.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
After the County receives bids for the Project but before the award of the same, City shall
deliver to the County its check for 5100,000.00.
All payments required by either party under this Agreement must be made from current
revenues of the paying party.
II.
Within ninety (90) days after execution of this Agreement, the County shall endeavor to
prepare, or cause to be prepared, drawings and specifications for the Project and submit copies of
same to the City for written approval by the Mayor of the City, or his designee.
III.
If the County constructs the Project within 365 days after execution of this Agreement,
plus any additional time that the City may authorize by action of its City Council, the County
shall be entitled to retain the funds provided by the City.
IV.
The County may terminate this Agreement, without cause, at any time prior to
completion of the Intersection Improvements. the County shall have no obligation hereunder
other than to return to City the funds previously paid to County by the City under this
Agreement. If the County fails to constrict the Project within the time limits as described in
Section Ill. the City. as its sole remedy, may request a refimd of the funds provided by the City
under this Agreement, and the County shall refund such fiends to the City within 60 days after
such request.
0
All notices and communications for the City shall be mailed by certified mail, return
Receipt requested, or delivered to, the following address, until changed as herein provided:
City of Baytown
2401 Nlarket Street
Baytown. Texas 77520 -0424
Attention: City Manager
All notices and communications for the County shall be mailed by certified mail, return receipt
requested, or delivered to, the following address, until changed as herein provided:
Harris County Public Infrastructure Department
Architecture and Engineering Division
1001 Preston Avenue, 7th Floor
Houston. Texas 77002
Attention: Contract Administration
Each party shall have the right from time to time and at any time to change its respective address
and each shall have the right to specify as its address any other address in the State of Texas by
giving at least fifteen (15) days written notice of such change to the other party.
VI.
This Agreement and the obligations of the parties hereto are subject to all other
applicable riles, regulations and laws of the United States and the State of Texas.
VII.
This instrument contains the entire agreement between the parties relating to the rights
herein granted and obligations herein assumed. Any modifications concerning this instrument
shall be of no force and effect excepting a subsequent modification in writing, signed by all
parties hereto.
a
• IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having
equal force and effect of an original, has been executed on behalf of the parties hereto as follows,
to-wit:
a. It has on the day of NOV 1 0 2009 , 2009, been executed
on behalf of the County by the County Judge of Harris County, Texas,
pursuant to an order of the Commissioners Court of Harris County
authorizing such execution.
b. It has on the a)Cd'L day of 0& O & , 2009, been executed
on behalf of the City by its City Manager and attested by its Interim City
Clerk, pursuant to ordinance of the City Council of the City of Baytown
authorizing such execution.
APPROVED AS TO FORM: HARRIS COUNTY
VINCE RYAN
County Attorney /
‘P(i/MpoN
DON C. WHITLEY ED EMMETT
Assistant County Attorney County Judge
ATTEST: CITY OF BAYTOWN
r
By By
LETICIA GA A GARRISON C. BRUMBACK
intogizu City Clerk City Manager
p►YTO --.
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THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the Harris Coun y, 1 Administration Building in the City of Houston, Texas, on the day of
NI�uvv , 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 THE COUNTY JUDGE TO EXECUTE AN
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF
BAYTOWN FOR INTERSECTION IMPROVEMENTS ON NORTH MAIN
STREET AT WALLISVILLE ROAD, INCLUDING, BUT NOT LIMITED TO,
LEFT TURN LANES, TRANSITION TAPERS, SIGNING AND STRIPING,
DRAINAGE IMPROVEMENTS, AND ALL NECESSARY
APPURTENANCES.
Commissioner ntroduced 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 Emmett
Comm. Lee I
Comm. Garcia
Comm. Radack P1
Comm. Eversole
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 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 intersection improvements on North Main Street at
Wallisville Road, including, but not limited to, left turn lanes, transition tapers,
signing and striping, drainage improvements, and all necessary appurtenances.
Presented to Commissioner's Court
NOV 10 2009
APPROVE
Recorded Vol Page