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HomeMy WebLinkAboutO-1998-2262 e ORllNAL ORDINANCE NO. 98- 2262 AN ORDINANCE APPROVING AND AUTHORIZING AN IBTERLOCAL AGREUEBT BETWEEN THE CITY OF LA PORTE AND THE BARRIS COUBTY FLOOD CONTROL DISTRICT, TO PROVIDE DRAINAGE IMPROVEMENTS FOR THE HARRIS COUBTY FLOOD CONTROL DISTRICT UNIT Fl0l-00-00 WATERSHED; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1.. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 98-2262 e ORIGINAL PASSED AND APPROVED, this 13th day of July, 1998. ATTEST: ~a-Q, ~illltl Ma ha A. Git ett City Secretary By: :~~ Knox W. Askins City Attorney CITY OF LA PORTE ~~~ N rma " L. Ma on Mayor PAGE 2 e CITY OF LA PORTE e~@[}i)V Interoffice Memorandum TO: Mayor and City Council Robert T. Herrera, City Mana FROM: John Joerris, Assistant City ~ SUBJECT: F101 Interlocal Agreement with , s County Flood Control District / DATE: September 1, 1998 On July 14, 1998, City Council approved an Ordinance authorizing an Interlocal Agreement between the City of La Porte and Harris County Flood Control District for drainage improvements to the F101 Watershed in the Lomax area. We have received from HCFCD a fully executed copy of the Agreement signed by Commissioner's Court on August 12, 1998. The original will go to the vault as a permanent record. C: Martha Gillett, City Secretary, original Doug Kneupper, Director of Planning, copy Knox Askins, City Attorney JJ:dly e ~@~V rD)~~ W~!m \~~ ~ I 008 ~ ASST. erN MANAGER OFFICE .Harris County flood Control District CERTIFIED MAIL # 9113892 RETURN RECEIPT REQUESTED 9900 NOl1hwest Freeway Houston, Texas 77092 713 684-4000 August 31, 1998 City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attention: Assistant City Manager Reference: Interlocal Agreement for drainage improvements for the Harris County Flood Control Unit F1 01-00-00 watershed. HCFCD Project 10# F101-00-00-E004 Gentlemen: Please find enclosed one (1) fully executed original of the above-referenced agreement between the City of La Porte and Harris County Flood Control District. This agreement is being transmitted for your use and files. Should you require any additional information, please contact me or Ms. Brenda Trevino. Sincerely, eQ/U)~~~ Carolyn Rausin Engineering Contracts 'cr Enclosure: Agreement cc: Contract File Brenda Trevino 98EC004.WPD e e INTER LOCAL AGREEMENT ~~c~-~~ ~~/ "- V THE STATE OF TEXAS I I COUNTY OF HARRIS I THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act (TEX. GOV'T CODE ANN., Chapter 791) by and between the CITY OF LA PORTE, TEXAS, a municipal corporation under the laws of the State of Texas, hereinafter designated "City" and the HARRIS COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic under the laws of the State of Texas, hereinafter designated "Districf or "HCFCD." WIT N E SSE T H: WHEREAS, on August 2, 1988, the District and the City entered into an Interlocal Agreement to provide drainage improvements for the HCFCD Unit F1 01-00-00 watershed; and WHEREAS, the District and the City acknowledge that improvements to the portion of the F101-00-00 watershed upstream of Union Pacific Railroad's Strang Yard are part of a long-range plan to be implemented in phases and the portion of the F1 01-00-00 watershed upstream from Sens Road to "P" Street continues to experience flooding and drainage problems; and WHEREAS, the District and the City now desire to proceed with Phase II of improvements to Unit F101-00-00; and WHEREAS, the District and the City desire to cooperate by providing channel enlargements, pipeline relocations, and other improvements to Unit F1 01-00-00 from Union Pacific Railroad's Strang Yard to the north right-of-way of North "P" Street, hereinafter referred to as the "Projecf'; and WHEREAS, it is to the mutual benefit of the District and the City to undertake the Project, in order to provide relief to the affected area; and WHEREAS, the District and the City desire to share the cost of the Project, and are each willing to furnish funds for their respective commitments described herein; and WHEREAS, in support of the Project, the District is willing to administer the design and construction of the Project, at its own expense; and WHEREAS, in support of the Project, the City is willing to acquire additional right-of-way needed to complete the Project, and adjust all City-owned utilities affected by the Project, at its own expense; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties herein, the parties agree as follows: . e CCCIT~W ARTICLE I The location of the Project is generally identified by the attached Exhibit "A." The Project is more specifically defined by drawings prepared by Landev Engineers, Inc. and extends from the west line of the Union Pacific Railroad (approximate station 78+00) to the north right-of-way line of North "P" Street (approximate station 11 +00). ARTICLE II The District shall coordinate preparation of the metes and bounds descriptions and tract maps depicting the right-of-way acquisitions, and construction plans and specifications. The District shall also administer bidding, construction, inspection, materials testing and surveying for the Project at the District's sole expense. The District intends to bid and award construction of the Project in the manner utilized by the District for similar projects, and to award the contract in accordance with applicable competitive bidding laws. The District also is responsible for all pipeline relocations. ARTICLE III The City agrees to acquire at its expense the tracts identified on the attached Exhibit "A" or suitable alternatives. The City further agrees to grant drainage easements to the District in a form approved by both parties. The City may request that the District obtain a portion of the Project right-of-way for the City, if the City notifies the District at least nine months before the start of construction. If the District agrees to obtain the right-of-way for the City, the City shall pay the District for all right- of-way costs within 30 days of receiving a cost statement from the District. The District recognizes that the City would like to retain the rights to utilize the right-of-way for other purposes such as, but not limited to, landscaping, pedestrian/equestrian trails, hike and bike trails, and utility installations, which rights shall be subordinate to the District's right to use the right-of-way for drainage and flood control purposes. The City also agrees to relocate any City-owned utilities affected by the Project, at the City's sole expense. ARTICLE IV After the City has acquired the necessary right-of-way and after the City has conveyed drainage easements to the District, the District shall pursue the bidding and construction phase of the Project. The District agrees to utilize its best efforts to complete the Project within six months after the date the easements are delivered to the District. The District shall notify the City in writing of the bid price of the Project within thirty (30) days after verifying and accepting a legal bid for the Project. ARTICLE V Either party may rescind this Agreement by giving thirty (30) days written notice to either party, as provided for in Article X of the Agreement, if an acceptable bidder does not respond to the advertisement, fails to execute the construction contract, or fails to provide the bonds required by law. ARTICLE VI The District shall have the right to make any changes in the plans and specifications it may deem necessary or desirable during the construction of the Project in consultation with the City. However, neither party shall be obligated to expend any funds in excess of those herein specifically allocated for the Project as a result of any change in said plans or specifications, except as provided in Article VIII. -2- e e ~@[f)~ ARTICLE VII The City shall give the District the right and the District shall enter the property to maintain the channel of Unit F101-00-00 after completion of the Project, subject to the availability and certification of funds. The cost of such maintenance shall not be offset against the cost of the Project. ARTICLE VIII The City has been advised by the District, and the City clearly understands and agrees, that the District shall have available the total maximum sum of $2,000,000 specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of the Agreement, and that the total maximum sum the District shall become liable to pay hereunder shall not under any conditions, circumstances, or interpretations hereof exceed the total maximum sum provided for in this article and certified as available therefor by the County Auditor. Upon taking bids, in the event the bid amount of the lowest and best bidder exceeds $2,000,000, the parties hereto shall have the following options: 1. The District may, after consultation with the City, reject all bids and re-advertise for bids for the construction of the Project in accordance with the drawings and specifications and in compliance with applicable competitive bidding laws. 2. At the option of either party, the District shall reject all bids and elect not to proceed with the letting of the construction contract and terminate this Agreement and the Project without further obligation to the City or District unless otherwise specifically provided in this Agreement. 3. By amendment to this Agreement, the parties may agree to share the additional cost and proceed to let the construction contract and continue with the Project. 4. By Agreement of the parties, the District may amend the drawings and specifications so as to reduce the scope of the Project, and negotiate with the lowest qualified bidder or re-advertise for bids. If the parties fail to agree under which option to proceed within sixty (60) days after the opening of bids, then this Agreement shall terminate without further obligation to either party. ARTICLE IX Neither the District nor the City shall make, in whole or in part, any assignment of this Agreement or any obligation contained herein without the prior written consent of the other party. ARTICLE X Notices and communications to either party under this Agreement shall be sent by certified mail, return receipt requested, or delivered to the following respective addresses: DISTRICT: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attn: Executive Director -3- . CITY: e CG~,~V City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attn: Assistant City Manager ARTICLE XI This instrument contains the entire Agreement between the District and the City relating to the rights herein granted and the obligations herein assumed, and may only be amended by written instrument of like dignity executed by the parties hereto. ARTICLE XII This Agreement supersedes the Agreement of August 2, 1988, and the terms of this Agreement control if any provision conflicts with a similar provision in the August 2, 1988, Agreement in connection with this portion of the Project. , IN WITNESS WHEREOF, this instrument in multiple counterparts, each havin~ force and effect of any original has been executed by the parties on the I (f--'^-. day of 'it-I"-- , 1998. ATTEST: APPROVED AS TO FORM: CITY OF LA PORTE <S<oW T. \-\~ City Manager City of La Porte, Texas /' // ../ City Attorney City of La Porte, Texas HARRIS COUNTY FLOOD CONTROL DISTRICT -4- e e ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LA PORTE ~(Q)lPV THE STATE OF TEXAS f f COUNTY OF HARRIS f On this, the !lrk day of fflJi] ur I 1998, the Commissioners Court of Harris County, Texas, sitting as the erning body of the Harris County Flood Control District, up~e motion of Commissioner 'MP.;,{/v , seconded by Commissioner ~ e ( ) () l t , duly put and carried. IT IS ORDERED that County Judge Robert Eckels be, and he is hereby authorized to execute for and on behalf of the Harris County Flood Control District an Interlocal Agreement with the City of La Porte to provide interim improvements to Harris County Flood Control District Unit F1 01-00-00, for a maximum fee to be paid by the District of $2,000,000, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. 98ECOO4.WPD Presented to CommilsioMFS' CO\;ll AU;: 111998 APPROVE Recorded Vol_Page_ ./ . . - I ~ # .. ." .. :. .~"". ~ - ii Ii Ii .. .. r .. Ii EXHIBIT A Fl01-00-00 WATERSHED INill EXlSnNG CHANNEL(S)) It PROPOSED RIGHT-Of-WAY ACQUISmON ::::s: ~ _'1 _, " - -. .. - -- ... =:- (1997) ~ :~-~ .- - ~ I ::r::- I I ...... .. ...... - -1.1 -. .. .. .. ijjij~r~r;-r-:. . - -. .1 E. BRINSON ~ A-S :~ r I~ r II . &.. -.. !n- CE -. .. I Ii .. .. ; 1 .. . I~ I.. II .. ,.. II .. Ii .. - - .. J' 1 I - I .. Ii ~ .. ='1'" .. 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