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Ordinance No. 11,759ORDINANCEINC). 11,759 AN ORDINANCE 01"'I'l I [" (ITY COUNCIL OFTHE CITY OF BAYTO\VN,TI.XAS, AUTHORIZING AN INT"ERLOCAL AG REENI I'--'N"I'W P'll HARRIS (70UNTY FOR RIGHT-OF-WAY AND EASEMEN'r ACQUISITION SERVICE'S FOR THE FuTuRr" CONSTRUCTION OF'ROAI)WAY, DRAINAGE, AND UTILITY IMPROVEIME-NTS ALONG NORTH MAIN BUITWEE'N 1-10 AND WAI-1,1SVILLE ROAD; AUTHORIZING PAYNIENT13YT1,1111-l' CITY OF BAYTOWN CAF AN AMOUNT NOT TO F"XCEED FIVE, HUNDRF"DTHOUSAND AND NO /]0 A I)OLLARS ($500,000.00); MAKING OTI1F'1R PROVISIONS RELA,m) THIHIRETO; AND PROVIDING F'OR THE, I,-,I`,FF'C'FIVE DATETI 11,'IRF'01` Bl-', IT ORDAINED BYTI IF CITY C OUNCH , OFTI IE CITY OF BA YTOWN,TEX AS: Section I That the City Comicil of" the City ofBaytown,'Feras, hereby authorizes, the City. Nlanager to CXCCLI[e an hitcriocal Agreement with Flarris Counly, for right-ol'-way and easement acquisition services For the future construction of roadway, drainage. and utility improvements along North Main between 1-10 and \Xallisvillc Road, A copy of said agreemcm is attached hereto as Exhibit "A,- and incorporated herein for call intents and purposes. Section 2-. That the City Council of the City of Baytown authorizes payinent to Harris County of an an,iount not to exceed FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000J)0) pursuant to the Agrecinew. Section 3: That (lie City Manager is hereby granted gencralauthority to approve any change order involving as decrease or an increase in costs of FIFTY THOUSAND AND N0/100 DOLLARS ($5(),000,00) or less; however, the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contnactor to such dccreasc. Section 4-, This ordinance shall take effect immediately froni and after its passage by the City Council of` the City of Baytown, INTRODUCED, RFIAD and PASSED by the affirmative vole ofth 7 1"ity Council ofthe City of 1, Baytown this thc 22"" (Jay of September, 2011 Mayor IST: Ul"Tt"CIA ik i.w1,AtJ-c,ri APPROVED ASTO FORM: e /I ii I ��c I 6 kA I I -I , Cob Tv V 1ca,iS a. osor I I Colin a Ord A n a non, M1001 ! , .So vle I alv 22 G I ovkpajlml I d WMu,vi I vil A !uisdlvn d m, Exhibit "A" AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § 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 home -rule city 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 i) acquire additional right -of -way on the east and west sides of the current North Main Street right -of -way between IH 10 and Wallisville Road as necessary to complete acquisition of a proposed 100 foot right -of -way for future construction of roadway and drainage improvements, hereinafter referred to as the "Road ROW" and ii) acquire a separate 20 foot easement along the east side of the Road ROW between IH 10 and Wallisville Road for future construction of utility improvements, hereinafter referred to as the "Utility Easement." 2. The County is willing, at no cost to the City, to i) provide, or cause to be provided, documents, signed and sealed by a registered public licensed surveyor (RPLS), consisting of alignment drawings and individual metes and bounds descriptions for that part of the Road ROW adjacent to the current west line of the current North Main Street right -of -way, hereinafter referred to as the "West Side Acquisition Documents ", and ii) provide the services of its own right -of -way division necessary to accomplish the acquisition of the entire Road ROW, and the Utility Easement, if the City will, as a contribution towards the future construction of roadway improvements on North Main Street between IH 10 and Wallisville Road, i) provide all other funding necessary for the purchase of the entire Road ROW and the Utility Easement, hereinafter called the "City Funding Contribution ", and ii) provide, or cause to be provided, at no cost to the County, documents signed and sealed by a registered public licensed surveyor (RPLS) and in a form acceptable to the County Engineer, consisting of alignment drawing and individual metes and bounds descriptions for the acquisition of that part of the Road ROW on the east side of North Main Street and for the acquisition of the Utility Easement, hereinafter called the "East Side Acquisition Documents ". NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: \\ CobsrvIMcgallKwcn \Filcs \Conuacts\Hartis County North Main ROW and Easements \BaytownNorthMainROW9 -2 -1 Ir(2)DCW.DOC Within sixty (60) days after execution of this Agreement, the City shall at no cost to the County endeavor to prepare, or cause to be prepared, the East Side Acquisition Documents and submit copies of same to the County for written approval by the County Engineer or his designee. The County Engineer shall review such East Side Acquisition Documents and return comments to the City within fifteen (15) days and the City shall address such comments and resubmit to the County as necessary within fifteen (15) days. At the same time that the City makes its first submittal of the East Side Acquisition Documents to the County, the City shall deliver a check, payable to the County Treasurer in the amount of $250,000 (Initial City Funding), to be used by the County towards the purchase of the Road ROW and the Utility Easement. Within one hundred twenty (120) days after the execution of this Agreement, the County shall at no cost to the City prepare or cause to be prepared the West Side Acquisition Documents. III. Upon receipt from the City and approval by the County Engineer of the East Side Acquisition Documents and receipt of the Initial City Funding to be provided by the City under Section I above, the County shall begin the acquisition process for the Road ROW and the Utility Easement. The Road ROW shall be acquired in the County's name and the Utility Easement shall be acquired in the City's name by donation, purchase, or exercise of eminent domain, in accordance with the County's usual procedures for such acquisitions. IV. When the County has expended at least 75% of the City Initial Funding ($187,500), the County shall determine an estimated total cost of the City Funding Contribution, which estimate shall include the Initial City Funding and may include contingencies, hereinafter be called the "Estimated Total City Funding Contribution." The County shall notify the City in writing of the Estimated Total City Funding Contribution. If the Estimated Total City Funding Contribution exceeds the Initial City Funding but does not exceed $500,000, hereinafter called the "City Funding Limit," the City shall deliver a check in the amount of the Estimated Total City Funding Contribution, less the amount of the Initial City Funding ($250,000) previously provided. If the Estimated Total City Funding Contribution exceeds the City Funding Limit, the City may at its option, either (a) appropriate additional funds and deliver a check in the amount of the Estimated Total City Funding Contribution, less the amount of the Initial City Funding ($250,000) previously provided, in which case the County shall proceed in accordance with Section II, or (b) seek to negotiate an amendment to this Agreement in which the parties would agree to a modification of funding responsibilities. V. The County may terminate this Agreement, without cause, at any time, by providing to the City a notice of such termination accompanied by any funds previously paid to the County by 2 RCobsrviVegalUCamnTiles \Contmcts\Hams County North Main ROW and Easemcnt sV3ayto►mNorthMainROW9 -2 -1 lr(2)DCW.DOC the City under this Agreement. The City may terminate this Agreement without cause, at any time prior to the purchase of any right -of -way or easements under this Agreement by giving notice to the County, and the County shall refund any unexpended or uncommitted funds previously provided by the City under this Agreement within 90 days. VI Upon completion of the acquisition of the Road ROW and Utility Easement or upon termination in accordance with Section V above, the County shall perform, or cause to be performed, a final accounting. The final accounting shall be forwarded to the City for review and approval. Upon approval, if the amounts paid by the City to the County hereunder are less than the actual amount of the City Funding Contribution, the City shall promptly pay over the deficiency to the County within 45 days of notification, subject to the City Funding Limit set forth in Section IV above. Otherwise, if the amounts paid by the City to the County hereunder exceed the actual City Funding Contribution, the County shall promptly pay over the amount of such excess to the City. . VII. 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 Market 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: Contracts Team Leader 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. VIII. 3 \\Cobsry I \Icga UUrm\Filcs \ContractsWams County North Main ROW and Easements \BaytownNorthMainROW9 -2 -1 Ir(2)DCW.DOC This Agreement and the obligations of the parties hereto are subject to all other applicable rules, regulations and laws of the United States and the State of Texas. Xl. 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. X. Obligations under this agreement shall be satisfied from current funds available to the party. The City shall not be required by this Agreement to provide to the County any funds in excess of the City Funding Limit, but it retains the option to provide additional funding, which may be then expended by the County in acquiring the Road ROW and Utility Easement. 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 , 2011, 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 day of , 2011, been executed on behalf of the City by its City Manager 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: VINCE RYAN County Attorney By DON C. WHITLEY Senior Assistant County Attorney HARRIS COUNTY ED EMMETT County Judge 4 kkCobsrvl Ucga llKarenlFileslContractsU{arris County North Main ROW and Eascmcnts \BaytownNorthMainROW9 -2 -1 lr(2)DCW.DOC ATTEST: LETICIA BRYSCH City Clerk CITY OF BAYTOWN ROBERT D. LEIPER City Manager % 1Cobsrv11 1ega11Karen\rilcs\Contmcts\Harris County North Main ROW and Easements \BaytownNonhMainROW9.2 -1 lr(2)DCW.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 , 2011, with the following members present, to -wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. I Jack Morman 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 THE ACQUISITION OF ROAD RIGHT -OF -WAY AND A UTILITY EASEMENT IN CONNECTION WITH FUTURE IMPROVEMENTS ON NORTH MAIN STREET FROM IH10 TO 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. Morman Comm. Radack Comm. Eversole 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 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 acquisition of road right -of -way and a Utility Easement in connection with future improvements on North Main Street from IH 10 to Wallisville Road. 1tCobsrvl Vcgal lKarcnlFilcs\Contmcts\Harris County North Main ROW and Fmcmcnts lDaytownNorthMainROW9 -2 -1 Ir(2)DCW.DOC