Ordinance No. 11,950ORDINANCE NO. 11,950
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING ORDINANCE NO. 11,931 PASSED BY THE CITY COUNCIL ON
APRIL 26, 2012; AUTHORIZING AN INTERLOCAL AGREEMENT AND
AMENDMENT NO. 1 THERETO WITH HARRIS COUNTY FOR THE LONG TERM
EVOLUTIONBROADBAND INTEROPERABILITY GATEWAY NETWORK EAST
TEXAS ( "LTEBIGNET") PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN OF AN AMOUNT NOT TO EXCEED FIFTY THOUSAND AND NO 1100
DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I: That the City Council of the City of Baytown, Texas, hereby repeals Ordinance
No. 11,931 passed by the City Council on April 26, 2012, in its entirety.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute an Interlocal Agreement and Amendment No. 1 with Harris County for the Long
Term Evolution/Broadband Interoperability Gateway Network East Texas ( "LTE/BIGNET ") Project. A
copy of said agreement is attached hereto as Exhibit "A" and a copy of Amendment No. I is attached
hereto as Exhibit `B." Both Exhibits "A" and "B" are incorporated herein for all intents and purposes.
Section 3: That the City Council of the City of Baytown authorizes payment to Harris
County of an amount not to exceed FIFTY THOUSAND AND NO 1100 DOLLARS ($50,000.00)
pursuant to the Agreement.
Section 4: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO /100 DOLLARS
($50,000.00) 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 contractor
to such decrease.
Section 5: 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 affirmative vote the City Council of the City of
Baytown this the 24" day of May, 2012.
APPROVED AS TO FORM:
(IGNACIO RAMIREZ, SR., City Att y
PCobfe01 \IegaN(ar TAec\Cily CounciaOrdi=cu\2013W1 24Vntcrio twithHaz sCouniy4LTENIGNE ,dm
Exhibit "A"
CLERK OF COMESSIONERS COURT
INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY
OF BAYTOWN
STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement is made and entered into, and executed by and between, Harris
County, a body corporate and politic under the laws of the State of Texas, called
"County," and the City of Baytown, Harris and Chambers Counties, Texas, a political
subdivision of the State of Texas, acting by and through its governing body, called
"CITY" This Interlocal Agreement is entered into pursuant to the Interlocal Cooperation
Act, TEx. GoVT CODE ANN. §§ 791.001— 791.030. The County and the City are referred
to herein collectively as "Parties" and individually as a "Party."
I.
For purpose of this Agreement, the following definition applies:
LTE/BIGNET:
Long Term Evolution/Broadband Interoperability Gateway Network East
Texas. A Public Safety Broadband mobile data and voice transmission
system.
II.
Harris County and Baytown are committed in mutual support, to creating
LTE/BIGNET in Hams County with an element of this system being developed and
activated in Baytown.
A. The initial installation of equipment, as defined in Article II, will be
placed on 5 reception and broadcast sites located in Baytown and the
immediate vicinity of Baytown, as follows:
1. Baytown North Main Tower (294913.40N 9457 0.76W)
2. T- Mobile Pinehurst Tower (29481.89N 945422.86W)
3. T- Mobile McElroy Park Tower (294615.20N 950043.50W)
4. T- Mobile Evergreen Rd. Tower (294239.00N 945712.00W)
5. T Mobile TX99 Tower (294346.58N 945327.81 W)
�R
Harris County proposes to install the following equipment on the listed sites in Article I:
Page 1 of 4
a) All required radios, antennas and miscellaneous hardware,
including five eNodeB sites each with three sector radiators;
b) The fiber optic network connectivity to the BIGNET core
c) Installation and maintenance of all installed hardware; and
d) BIGNET hardwarelsoftware core Network connectivity to the
BIGNET core.
IV.
Baytown will provide the following equipment to support the LTEBIGNET system in
Baytown:
1. Access to five sites (1 -5) communications towers, as identified in
Section II above, for the installation of 3 -120° sector radiators on
each
2. Three diesel powered generators of approximately 45 KW, single
phase, with fuel tanks and automatic transfer switches. Generators
will be located at the following sites:
a. Baytown North Main Tower
b. T- Mobile TX99 Tower
c. T- Mobile Evergreen Rd. Tower
3. Elevated equipment platform at the T- Mobile TX99 Tower site
sized to support the eNodeB equipment.
4. Approved communications equipment shelter at the Baytown
North Main Tower.
5. Install fiber optic network connectivity from the to the eNodeB
equipment at five sites (1 -5) as listed in Section II above.
6. Monthly or other periodic billing cycle access costs for fiber optic
network connectivity at five sites (1 -5) as listed in Section II above
with initial bandwidth of 1MB during the test phase with an
anticipated increased bandwidth to l OMB upon operational status.
7. Install microwave `backhaul' for connection from T- Mobile TX99
Tower to T- Mobile Evergreen Rd. Tower.
8. Maintenance costs for the generators and private fiber optic cables
installed under the provisions of this agreement
V.
Neither the County nor its contractors will climb the listed towers or install any
equipment until such time that the County has executed, or caused to be executed by its
Page 2 of
contractors, all the paperwork required by T- Mobile for access to the towers over which
it has control.
VI.
Baytown represents that it either owns in fee simple or has secured legal authority for
Harris County to install its equipment on the designated towers. All County installed
equipment is the property of Hams County and shall remain the property of Hams
County. In the event that this Agreement expires or is terminated, Harris County has
City's permission to remove all its equipment without any additional approval required.
VII.
The term shall begin upon the later approval by the Parties' governing bodies and will
remain in force and effect for one (1) year unless earlier terminated. Upon the mutual
agreement of the Parties, this Agreement may be renewed for four (4) additional one -year
periods. This Agreement may be terminated by either Party with sixty (60) days' written
notice to the other Party.
VIII.
This Agreement represents the initial agreed upon terms to facilitate installation of
equipment for the test phase of LTE/BIGNET with the anticipation that an additional
agreement will be executed which will outline the responsibilities of each Party,
including but not limited to annual recurring costs relating to items such as network
connectivity, maintenance responsibilities, network subscription, and services.
IX.
Each Party will be responsible for any damage caused by its employees to other
equipment or facilities. Harris County is self - insured for all damages. Nothing in the
Agreement shall be construed as creating any personal liability on the part of any officer,
director, employee, or agent of any public body that may be a Party to the Agreement,
and the Parties expressly agree that the execution of the Agreement does not create any
personal liability on the part of any officer, director, employee, or agent of either Party.
The Parties agree that no provision of this Agreement extends the County's or the City's
liability beyond the liability provided in the Texas Constitution and the laws of the State
of Texas.
M
EXECUTION. Multiple Counterparts: The Agreement may be executed in several
counterparts. Each counterpart is deemed an original. All counterparts together constitute
Page 3 of 4
one and the same instrument. Each Party warrants that the undersigned is a duly
authorized representative with the power to execute the Agreement.
HARRIS COUNTY
By: , �C/� /?.?-
ED EMMETT
COUNTYJUDGE
APPROVED AS TO FORM:
VINCE RYAN
COUNTY ATTORNEY
Barbara Smith Armstrong
Assistant County Attorney
C.A. File 12GEN0573
7. THE CITY OF BAYTOWN
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Page 4 of 4
Exhibit "B"
AMENDMENT NO.1 TO INTERLOCAL AGREEMENT
FOR THE LTEBIGNET PROJECT
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 April 24, 2012, the County authorized an agreement regarding the Long
Term Evolution/Broadband Interoperability Gateway Network East Texas Project (the
"Agreement "); and
WHEREAS, on April 26, 2012, the City authorized the Agreement contingent upon the
City's securing legal authority for the County to install its equipment on the towers designated in
the Agreement; and
WHEREAS, the parties now desire to enter into an amendment to authorize the
LTEBIGNET Project to begin on those sites for which the City has secured legal authority for
the County to install its equipment on the towers designated in the agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
Article II of the Agreement, reading:
The County and the City are committed in mutual support, to creating
LTEBIGNET in Harris County with an element of this system being developed
and activated in Baytown.
The initial installation of equipment, as defined in Article II, will be placed on 5
reception and broadcast sites located in Baytown and the immediate vicinity of
Baytown, as follows:
1. Baytown North Main Tower (294913.40N 9457 0.76W);
2. T- Mobile Pinehurst Tower (29481.89N 945422.86W);
3. T- Mobile McElroy Park Tower (294615.20N 950043.50W);
4. T- Mobile Evergreen Rd. Tower (294239.00N 945712.00W); and
5. T- Mobile TX99 Tower (294346.58N 945327.81 W).
is amended to read:
The County and the City are committed in mutual support, to creating
LTE/BIGNET in Harris County with an element of this system being developed
and activated in Baytown.
The initial installation of equipment, as defined in Article Il, will be placed on
reception and broadcast sites located in Baytown and the immediate vicinity of
Baytown, which sites may include, but not be limited to, the following:
1. Baytown North Main Tower (294913.40N 9457 0.76W);
2. T- Mobile Pinehurst Tower (29481.89N 945422.86W);
3. T- Mobile McElroy Park Tower (294615.20N 950043.50W);
4. T- Mobile Evergreen Rd. Tower (294239.00N 945712.00W); and
5. T- Mobile TX99 Tower (294346.58N 945327.81 W).
Prior to the County's installation of its equipment at a reception and broadcast
site, the County shall request from the City written authorization for use of such
site. The County may not proceed with any installation at a site until such written
authorization is obtained.
Article V of the Agreement, reading:
The City represents that it either owns in fee simple or has secured legal authority
for the County to install its equipment on the designated towers. All County
installed equipment is the property of the County and shall remain the property of
the County. In the event that this Agreement expires or is terminated, the City is
automatically noticed that the County will remove its equipment, and the County
shall have sixty (60) days after expiration or termination to remove its equipment.
All equipment that the County fails to remove within the sixty (60) day period
shall be deemed abandoned, and the City, at its election, has the right to take
possession of such equipment or charge the County for the removal of the same.
Payment shall be due within thirty (30) days after receiving an invoice therefor
from the City. Interest shall accrue on delinquent amounts pursuant to Section
2251.025 of the Texas Government Code.
is amended to read:
In the City's written authorization for the County to secure its equipment on any
tower contemplated herein, the City shall represent to the County that it either
owns in fee simple or has secured legal authority for the County to install its
equipment on such tower(s). All County installed equipment is the property of
the County and shall remain the property of the County. In the event that this
Agreement expires or is terminated, the City is automatically noticed that the
County will remove its equipment, and the County shall have sixty (60) days after
2
expiration or termination to remove its equipment, All equipment that the County
fails to remove within the sixty (60) day period shall be deemed abandoned, and
the City, at its electron, has the right to take possession of such equipment or
charge the County for the removal of the same. Payment shall be due within
thirty (30) days after receiving an invoice therefor from the City. Interest shall
accrue on delinquent amounts pursuant to Section 2251.025 of the 'Texas
Government Code.
IN TESTIMONY OF WHICH, this Amendment has been executed in multiple originals, each to
have the same force and effect, as follows:
A. It has been executed on behalf of Harris County on the _ day of MAY dw y 2012
2012, by the County Judge of Harris County, Texas, pursuant to an order of the
Commissioner's Court of Harris County, Texas, authorizing such execution; and
B, It has been executed on behalf of the City of Baytown, Harris and Chambers
Counties, "Texas, on the _ day of , 2012 by its City Manager, pursuant
to that procedure which authorized such execution.
HARRIS COUNTY //
fly: Y'iXirn'7Y*^L -�r`A �l ..
ED EMMETT
THE CITY OF BAYI'OWN, TEXAS
By:
ROBERT D. LEIPER
COUNTY JUDGE
CITY MANAGER.
APPROVED AS TO FORM:
APPROVED AS TO FORM:
VINCERYANT
COUM' Y ATTTORNEV �' }
fw )f.6Yii.`�
13u1 ✓tC%rltltu:rit.+'N
By:
BA BARA SMI11I ARMSTRONG()
RAMIREZ, SR.
ASSISTANT COUNTY ATTORNEY
CITY ATTORNEY
C.A. Pile 12GEN0734
V10, bI A0 IGN'CReAma�tlrcient N. LSO,
expiration or termination to remove its equipment. All equipment that the County
fails to remove within the sixty (60) day period shall be deemed abandoned, and
the City, at its election, has the .right to take possession of such equipment or
charge the County for the removal of the same. Payment shall be due within
thirty (30) days after receiving an invoice therefor from the City. Interest shall
accrue on delinquent amounts pursuant to Section 2251.025 of the Texas
Government Code,
IN TESTIMONY OF WHICH, this Amendment has been executed in multiple originals, each to
have the same force and effect, as follows:
A, It has been executed on behalf of Harris Comity on the day of MAY 2 u 20112
2012, by the County Judge of Harris County, Texas, pursuant to air order of the
Commissioners Court of Harris County, Texas, authorizing such execution„ and
B. It has been .executed on b, ?alf of City of Baytown., Harris and Chambers
Counties, Texas, on the �Y' 'day a , 2012 by its City Manager, pursuant
to that procedure which authorized su h execution.
4. CabtY01' JagnllltazrntFiltsiCunGOCUSa1GN &TWma�CmcnENa t.dx
I -HE STATE OF TEXAS
COUNTY OF HARRIS
The Commissioners Court of Harris County, Texas, convened it a meeting of said Cott] t
at the Harris Countrt Administration Building in the City of Houston, Texas, on the _ day of
_ __ MAY 2 Z012 , 2012 with the following members present, to -wit:
Ed Emmett County Judge
EI Franco Lee Commissioner, Precinct No. I
Jack Morman Commissioner, Precinct No. 2
Steve Radack Commissioner, Precinct No. 3
R. Jack Cagle Commissioner, Precinct No. 4
and the following members absent, to -wit: t _ ,
constituting a. quortun, when among other business, the following was transacted;.
ORDER AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO TIME
INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF
BAYTOWN
Commissioner introduced ,in order and made a
motion that the same be adopted. Commissioner �E seconded the
motion for adoption of the order. The motion, carrying with it the adoption of the order,
prevailed by the following vote:
Vote of the Court
Yes
No
Abstain
Judge Emmett
t1C/
❑
❑
Comm. Lee
q/}
❑
❑
Comm..Momnan
fal
Cl
a
Comm, Radack
E(,
❑
❑
Comm. Cagle
of
❑
❑
Recitals
On April 24, 2012, Harris County (the "County ") authorized an Interlocal Agreement
with the City of Baytown (the "City ") regarding the Long. Term Evolution(Broadband
Interoperability Gateway Network East Texas Project (tine "Agreement ").
On April 26, 2012, the City authorized the Agreement contingent upon the City's
securing legal authority for the County to install its equipment on the towers designated
in the Agreement..
Presented to Commissioners Court
MAY 2 2 2012
APPROVE
Recorded Vol_Page_