Ordinance No. 12,126ORDINANCE NO. 12,126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH
HARRIS COUNTY FOR THE RELOCATION AND /OR MODIFICATION OF
UTILITIES AFFECTED BY HARRIS COUNTY'S CONSTRUCTION OF N. MAIN
STREET FROM I -10 TO WALLISVILLE ROAD; AUTHORIZING ADDITIONAL
PAYMENT IN AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED
THIRTY -FOUR THOUSAND TWO HUNDRED SIXTY -SIX AND 501100 DOLLARS
($1,234,266.50); 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 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Clerk to attest to Amendment No. 1 to the Interlocal Agreement with
Harris County for the for the relocation and /or modification of utilities affected by Harris County's
construction of N. Main Street from I -10 to Wallisville Road. 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 an
additional amount not to exceed ONE MILLION TWO HUNDRED THIRTY -FOUR THOUSAND TWO
HUNDRED SIXTY -SIX AND 50 /100 DOLLARS ($1,234,266.50) pursuant to the amendment
authorized in Section I hereof.
Section 3: 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 4: This ordinance shall take effect immediately fr om an after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of City Council of the City of
Baytown this the 13'h day of December, 2012.
APPROVED AS TO FORM:
DONCARLOS, Mayor
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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 September 13, 2011, the County and the City entered into an agreement,
herein after called the "Agreement," in regard to i) acquisition of 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. In connection with the future construction of the roadway and drainage improvements,
the County intends to enter into a separate agreement with the San Jacinto River Authority
(SJRA) for the adjustment of SJRA facilities within the Road ROW (the "SJRA Adjustment "),
and the City desires that i) the SJRA Adjustment include approximately an additional 10 -feet to
extend across the Utility Easement (the City SJRA Adjustment) and ii) the installation of a 30-
inch encasement pipe under the SJRA facility within the Utility Easement area be included as
part of the County's agreement with the SJRA, hereinafter referred to as "the Encasement Pipe."
3. The County is willing to coordinate with the SJRA to include the City's SJRA
Adjustment and the Encasement Pipe in its agreement with the SJRA , if the City will agree to
reimburse the County for the "City SJRA Costs ", which consist of i) all costs associated with the
City SJRA Adjustment, which is defined as 17% of the cost of the SJRA Adjustment, including
the City SJRA Adjustment, but not including the Encasement Pipe, and ii) 100% of the cost of
the Encasement Pipe. The total cost of the SJRA Adjustment including the Encasement Pipe is
estimated to be $734,081, and the City SJRA Costs are estimated to be $162,898, which includes
$116,998 for the SJRA Adjustment and $45,900 for the Encasement Pipe.
4. In accordance with Sections I and II of the Agreement, the County and the City have
substantially completed their respective obligations in regards to the Acquisition Documents and
the Initial City Funding.
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5. The County has determined that it has incurred, or will incur, an expense of $825,046
to complete the purchase of 37 of the 47 tracts to be acquired under this Agreement (the
"Incurred Costs "), and has estimated that the remaining 10 tracts (Remaining Tracts), which
must be acquired by "eminent domain proceedings" and /or "suite by publication" together with
the Encasement Costs, may increase the Total City Funding Contribution to $1,500,000. Such
estimated costs for the Remaining Tracts are intended to include the purchase price plus cost of
any damages awarded outside of the purchase price and Special Commission Fees, ( "the
Condemnation Costs ").
6. The County and the City now desire to amend the Agreement, pursuant to Section IV
of the Agreement, to increase the City Funding Limit, include the City SJRA Costs as a part of
the City Funding Contribution, and to provide for the immediate payment of the Incurred Costs
and the Encasement Costs, and for future incremental payments of Condemnation Costs and
other City SJRA Costs as they are determined.
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 IV of the Agreement, reading:
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 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.
is amended to read:
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
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may include contingencies, hereinafter 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 $1,500,000, hereinafter
called the "City Funding Limit," the City shall deliver a check in the amount of
$737,944, which amount is derived from the Incurred Costs ($825,046) plus the
estimated City SJRA Costs ($162,898) 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 expected to cover the excess amount, which
would then increase the City Funding Limit by the excess amount, and deliver a
check in the amount of $737,944, which amount is derived from the Incurred
Costs ($825,046) plus the estimated City SJRA Costs ($162,898) 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.
Upon determination of the Condemnation Costs for each of the Remaining
Tracts and other City SJRA Costs that are expected to be incurred within 30 days
or have been incurred by the County and not paid for by the City, the County
will invoice the City for such costs and the City shall deliver its check for each
invoice to the County in the amount of the invoice within 30 days, provided,
however, that the total payments made by the City to the County will not exceed
the City Funding Limit unless in accordance with Section VI.
2. Section VI of the Agreement, reading:
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.
is amended to read:
Upon completion of the acquisition of the Road ROW and Utility Easement, and
upon receipt of a final invoice from SJRA for the SJRA Adjustment including
the City SJRA Costs, or upon termination in accordance with Section V above,
the County shall perform, or cause to be performed, a final accounting. The final
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accounting shallbeforwardedtothe City forreviewand approval.Upon
approval,iftheamountspaidbytheCitytotheCounty hereunder are less than
theactual amount of theCityFunding Contribution,butdonotexceedtheCity
Funding Limit,theCityshallpromptlypayoverthe deficiency tothe County
within45days of notification.Iftheactualamount of theCityFunding
Contribution exceeds theCityFundingLimit,the City mayatitsoption,either
(a)appropriateadditional funds anddeliveracheckintheamountoftheCity
FundingContribution,lessanyfundspreviouslypaidbytheCitytotheCounty
hereunder,or(b)seektonegotiatean amendment tothis Agreement inwhichthe
partieswouldagreetoa modification of fundingresponsibilities.Otherwise,if
the amounts paidbytheCitytothe County hereunder exceed theactualCity
FundingContribution,theCountyshallpromptlypayovertheamount of such
excess totheCity.
3.Theremainder of theAgreementshallremainineffectasoriginallywritten.Ifthere
isa conflict betweentheAgreementandthisAmendmentNo.1,this Amendment No.1
controls.
IN TESTIMONY OFWHICH,this amendment,in duplicate counterparts,eachhaving
equal force and effect ofan original,has been approved by Harris County Commissioners Court
andtheCity of Baytownandauthorizedforexecutionherein.
APPROVED AS TO FORM:
VINCE RYAN
County Attorney
ATTEST:
Assistant County Attorney
C.A.File No.:12GEN1436
By:.
HARRIS COUNTY
Ed Emmett
County Judge
CITY OF BAYTOWN
ROBERT D.LEII
City Manager
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THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
The Commissioners Court of Harris County,Texas,convened ata meeting of said Court
attheHarris County Administration BuildingintheCity of Houston,Texas,ontheday of
.fall 0 ft ?013 2Q-L2,with the following members present,to-wit:
Ed Einmett County Judge
El Franco Lee Commissioner,Precinct No.1
Jack Morman Commissioner,Precinct No.2
Steve Radack Commissioner,Precinct No.3
R.Jack Cagle Commissioner,Precinct No.4
Andthe following members absent,to-wit:^Q>^
constituting a quorum,whenamongother business,the following was transacted:
ORDER AUTHORIZING EXECUTION OF AMENDMENT NO.1 TO THE
AGREEMENT BY AND BETWEEN HARRIS COUNTY AND THE CITY OF
BAYTOWN REGARDING THE ACQUISITION OF ROAD ROW AND UTILITY
EASEMENT ON NORTH MAIN STREET BETWEEN I.H.10 AND WALLISVILLE
ROAD
Commissioner kSIS(introduced an order and made a motion that the
same be adopted.Commissioner ^f\A>LfM^seconded the motion for adoption of
theorder.Themotion,carryingwithittheadoption of theorder,prevailedbythefollowing
vote:
Yes No Abstain
Judge Emmett D •
Comm.Lee D D
Comm.Morman n n
Comm.Radack 3 u D
Comm.Cagle ]DD
TheCountyJudgethereuponannouncedthatthemotionhaddulyandlawfullycarried
andthatthe order hadbeendulyandlawfullyadopted.The order thus adopted follows:
BE IT ORDERED bythe Commissioners Court of Harris County,Texas thatthe County
JudgeisauthorizedtoexecuteforandonbehalfofHarrisCounty,AmendmentNo.1tothe
agreement between Harris County theCity of Baytown regarding the acquisition of RoadROW
andUtilityEasementonNorthMainStreetbetweenI.H.10 andWallisvilleRoad.Acopy of the
Amendment is attached hereto and incorporated hereinforall purposes.
Presented to Commissioner's Court
JAN 08 2013
APPROVE _U^—
Recorded Vol Page