Ordinance No. 11,482ORDINANCE NO. 11,482
AN ORDINANCE' OF THE CITY COUNCIL OF Till" CITY 01' BAYTOWN, TI,`XAS,
ALTITIORIZING AND 1.)IRI.C']']N(' TI IE NIIAYORTO L'XECUT]", ANDTHE CITY CLERKTO
ATTEST TO ANIFNDMENTNO, I TO "1"111 INTERLOCAL AGREENIENJ* Willi HARRIS
COUNTY I"OR IMIIROVI-'.MEN,rs ro 'HIE NORTH MAIN AT WALLISVILLE
INTIERSECTION; AND PROVII'ANG [�'(.)RTHE I"ITECTIVE DATETHEREOF.
BE IT ORDAINED BYTI JE CIT'Y COUNCIL 01F —ITIE CITY OFBAYTOWN, TEXAS:
I
Section 1: Tha(the City Council ofthe City of Baylown,Tcxas, hereby aL111101-iZeS and directs the
Mayor to execute and the City Clerk to attest to Amendment No. I to the Interlocal Agreement with I larrig Counly for
irnprovements to the North Main al Wallisvi lie intersection.
"A" and incorporated herein for all purposes.
Section 2: ]'his ordinance shall take cillect immediately from anklafter its passage by the City Council of'
the City ol'Bavtown.
INTRODUCE D.. READ and HASSID hr, the afflinnative vote of the CttS! Council of the Cily ol'Baylown this
the 25�':"' da
y ofOctober, -10 10.
A
SR., rney
S PLPHEN 1-1. DONCARLOS, Mayor
Exhibit "A"
AMENDMENT NO. 1 TO
INTERLOCAL AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
This Amendment No. 1 to Interlocal 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. On or about November 10, 2009, the County and the City entered into an agreement
in regard to construction of 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 "Agreement ".
2. The parties desire to amend the Agreement to extend the time in which the County
has to prepare drawings and specifications for the Project and to extend the time in which the
funds provided by the City are to remain available for the County to construct the Project.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
TERMS:
1. Section II of the Agreement, reading:
Within ninety (90) days after execution of this Agreement, the
County shall endeavor to prepare, or cause to be prepared, drawings,
and specification for the Project and submit copies of same to the
City for written approval by the Mayor of the City, or his designee.
is amended to read:
On or before May 31, 2011, the County shall endeavor to prepare,
or cause to be prepared, drawings, and specification for the Project
and submit copies of same to the City for written approval by the
Mayor of the City, or his designee.
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2. Section III. of the Agreement, reading:
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.
is amended to read:
If the County constructs the Project including the Intersection
Improvements on or before November 10, 2012, or such later
deadline as the City may authorize by action of its City Council, the
County shall be entitled to retain the funds provided by the City.
3. The remainder of the Agreement shall remain in effect as originally written.
IN TESTIMONY OF WHICH, this amendment, in duplicate counterparts, each having
equal force and effect of an original, has been approved by Harris County Commissioners Court
and the City of Baytown and authorized for execution herein.
APPROVED AS TO FORM: HARRIS COUNTY
VINCE RYAN
County Attorney
By By:
Don C. Whitley Ed Emmett
Assistant County Attorney County Judge
ATTEST CITY OF BAYTOWN
By: By:
City Secretary Mayor
2
J: IADMDAMudsoMAgreements 2010\NorthMain @Wallisville- CityoiBaytown -Amend 0ne9- 28- 10r(2)DCW- Fina111.doc
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
2010, 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 AMENDMENT NO. I TO THE
AGREEMENT BY AND BETWEEN HARRIS COUNTY AND THE CITY OF
BAYTOWN REGARDING INTERSECTION IMPROVEMENTS ON NORTH MAIN
STREET AT WALLISVILLE ROAD
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:
Judge Emmett
Comm. Lee
Comm. Garcia
Comm. Radack
Comm. Eversole
Yes
No
Abstain
❑
❑
❑
❑
❑
❑
0
0
0
❑
❑
❑
❑
0
0
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:
BE IT ORDERED by the Commissioners Court of Harris County, Texas that the County
Judge is authorized to execute for and on behalf of Harris County, Amendment No. 1 to the
agreement between Hams County the City of Baytown regarding funding construction of
intersection improvements on North Main Street at Wallisville Road. A copy of the Amendment
is attached hereto and incorporated herein for all purposes.
JAADMI)ANHudsoMAgreements 2010\NotthMain @Wallisville- CityotBaytown -Amend 0ne9.28- 10r(2)DCW- Fina111.doc