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HomeMy WebLinkAboutO-2002-2589 e e ORDINANCE NO. 2002- d.5<11 AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, REGARDING SYLVAN BEACH SHORELINE EROSION REMEDIATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECf; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 City 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. e e Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 2SlH day of October 2002. cm OF LA PORTE By: ~~~ Norman L. Malone, Mayor ATTEST: L1YIfJJiID A1.!JL Martha Gillett, City Secretary APPROVED AS TO FORM: Knox W. Askins, City Attorney ~g;-~ COMMISSIONER e AGENDA ITEM 1 0/22/02 All Members of Commissioners Court Harris County Administration Bldg. 1001 Preston, 9th Floor Houston, Texas 77002 Dear Court Members: e , . .. -. JIM FONTENO A~NEX =26 1-1350 WALLlSVILLE ROAD HOUSTO!\. TEXAS 770-19 (713) -I55-S I 0-1 " r'c ~~ .... -- .- <::) C'.,) ~ o <: October 16, 2002 :,::"..,?'--, ""\ ' ..': /.... /('. .6>- L....._'w .v...... iff,;, ' ... ~ ~ '" \,',::',! r r- . ..:". f~-(' / c:::-:i. . t~~ ~.. '~'Il: . "',) ..' (' ') '-' , r........ '':' /.'') )lfI41lLI .'.,'..'... ,1'11 ~.'J 1--'\ ,:' .. ,."'~~ ....:::- '~. I --I \.....~, ",,' ~:~~ .../'?-.... ~,,\ /......../. ~s " \, I""-. \..~). '.~ /(n '.:, .'~"'" /.. ......7 '. :-'~"10;""'. ....~ ...,,/ ":'PI"';:".r'i ""1. ':";" -....... -!1..! .:.-_..~~"" n:..:' , -, , '-' . C-,. . ~;~ w --' -0 :::: ~:. -- 3: c:: _" ~~- ca _, (J1 -;-; N :;.... ~EceBveo J\I:C.A. - PARKS JAN f 3 2003 Precinct Two Parks Department requests approval to provide partial funding in the amount of $6,375.50 for plans and specifications for shoreline improvements at Sylvan Beach Park (a county park in the City of La Porte), The City of La Porte and Harris County Precinct Two are splitting 15% of the cost for design plans. The State of Texas General Land office is funding 85% of the design documents. Attached are two original agreements between Harris County and the City of La Porte allowing for part'ial funding by Harris County, Please sign and execute this agreement. Thank you for your consideration of this request. cc: Mr, Elmo Wright, Mr, David Floyd, Mr. Gil Smith, Mr, Mike Greer Mrs. Shirley Jackson ~)~ Elmo Wright Vote of \he Court: Yes No o fl I....... ,--, i I .......1 \'''1 LJ !-., U AbstaIn o o o n L_ ...--. L..J J:..,:;:!.':'= c..:~::~s c~' ;;~' , Le:; c~: .:,';; ~::.".~..~.:-.:) c~: '.. "'.::- :::- - .~:': .... I. C';i':~:,', ,,:.: ~ '.:.,,; JF/GS/bb Attachments Sincerely, ~.j~ Jim Fonteno, Commissioner Harris County, Precinct Two il Imo"V Date Presen1ed lD CommIsaIoners' Court NOV 1 9 2002 APPROVE L I q. , , ~ ~ ~ "RtlCCIdedVci' p- ~uz,edu U V~ J-'Z-~~ . ..... . ., . e Co~ ^"!" '....~yhr'Ai\Jy - K:\IaporteSylvanBeachShoreline10-0Bfinal AGREEMENT COUNTY OF HARRIS ~ ~ ~ RECEIVED N.C.A. - PARKS JAN f 3 2003 THE STATE OF TEXAS 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 La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City"; RECITALS: 1. It is to the mutual benefit of County and City to control, by the use of articulated mats, shoreline erosion at the County's Sylvan Beach Park within the incorporated area of the City, hereinafter called the "Project." 2. The City has previously entered into an agreement with the State of Texas General Land Office (the "GLO") performed a shoreline erosion study at the site of the Project and proposed three alternative approaches to control shoreline erosion at Sylvan Beach Park. 3. The GLO has now proposed that the City enter into an amendment of the current agreement under which the State will perform various services resulting in the development of a bid package including drawings and specification for the Project, which was one of the alternatives previously proposed, which amendment will require the City to make available 15% of the costs of such servIces. 4. The City is willing to enter into the proposed amendment if the County will make available one-half of the City's required contribution for the services to be added by the amendment, up to $6,375.50. 5. 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. Within ninety (90) days after the City enters into an amendment to its agreement with the GLO under which the GLO agrees to perform services including the development of a bid package for the Project, the County shall deliver to the City its check in the amount of $6,375.50. Such funds shall only be used to fulfill the City's obligations added to the agreement by the amendment, and no County funds shall be delivered to the GLO unless the City delivers a matching amount of the City's funds. 2. The City shall make deliver to the County all documents, including but not limited to proposed drawings and specifications for the Project, received from the GLO under the amended agreement and shall, upon request, present to the GLO any comments that the County may make in e e K:\IaporteSylvanBeachShoreline10-08final regard to such documents and/or the Project. The City shall not approve or comment to the GLO in regard to any documents provided to it by the State in regard to the Project unless such documents are approved by the Commissioner of Precinct Two of the County or that person's designee. 3 It is expressly understood and agreed that the County has available the maximum sum of $6,375.50 to satisfy its obligations under this Agreement, and the County shall not be obligated to expend more than that maximum sum. 4. No party hereto shall make, in whole or in part, any assignment of this agreement or any obligation hereunder without the prior written consent of the other parties hereto. 5. After completion of the services by the GLO provided for by the amendment to the City's Agreement with the GLO regarding the Project, or upon any termination of the City's Agreement with the GLO before completion of the services thereunder, the City shall deliver to the County its check in the amount of any funds provided by the County that were either not required to be provided to the GLO or to which the City is entitled to a refund from the GLO because they were in excess of one-half of the funds needed by the State as part of the City's share for the services added to the Agreement by the amendment. 6. At any time before the City has entered into an amendment with the GLO as contemplated by Section 1, the County may terminate this Agreement by notice the City, and the County shall have no further obligation hereunder. 7. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed herein below or at such other address as the other party may have theretofore prescribed by notice to the sending party. Address for notice shall be as follows: CITY City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Attn: Stephen L. Barr, Director of Parks & Recreation Department COUNTY: Harris County Harris County Administration Building 1001 Preston, 7th Floor Houston, Texas 77002 Attn.: Commissioner, Precinct 2 e e K:\IaporteSylvanBeachShoreline10-08final 8. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, approved by the governfug bodies and signed by all parties hereto. 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: It has on the day of NOV 1 9 2OD2 , 2002, 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. a. b. It has on the day of , 2002, been executed on behalf of the City by the Mayor and attested by its City Secretary, pursuant to ordinance of the City Council of the City of La Porte authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY MIKE STAFFORD County Attorney By.Q ~ e. V.M5 DON C. WIDTLEY Assistant County Attorney By ROBERT ECKELS, County Judge ATTEST CITY OF LA PORTE B~1tU:t1:t,-, 1I.dLl B~ - City secretary . ~; -~ t.~ manage( Af//(PtlPP As 7t>' nlW: ~)b~~4'~UDITOR'S CERTIFICATE I hereby certify that furias are available in the amount of $6,375.50 to accomplish and pay the obligations of Harris County herein. ~~~<~ Tommy. p 'ns, Co ty Auditor e e K:\IaporteSylvanBeachShoreline10-08final Presented to Commissioners' Court NOV 1 9 2002 APPROVE R8CXIdBd Vol. Page 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 NnV 1 9 2002 ,2002, with the following members present, to-wit: THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ Robert Eckels EI Franco Lee James Fonteno Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. 1 Commissioner, Precinct.No. 2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 and the following members absent, to-wit: AJ() ~ a quorum, when among other business, the following was transacted: , constituting ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE Commissioner,..(.......,. ~ introduced an order and made a motion that the same be adopted. Commissioner ...",y I.............;:;:) seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Eckels CV 0 0 Comm. Lee !3" 0 0 Comm. Fonteno 'f!!f' 0 0 Comm. Radack ~ 0 0 Comm. Eversole ~ 0 0 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: RECITALS 1. It is to the mutual benefit of Harris County and the City of La Porte to control, by the use of articulated mats, shoreline erosion at the County's Sylvan Beach Park within the incorporated area of the City, hereinafter called the "Project." 3. The City has previously entered into an agreement with the State of Texas General Land Office (the "GLO") perfonned a shoreline erosion study at the site of the Project and proposed three alternative approaches to control shoreline erosion at Sylvan Beach Park. 3. The GLO has now proposed that the City enter into an amendment of the current agreement under which the State will perfonn various services resulting in the development of a bid package , ~ . - K:\JaporteSylvanBeachShoreline10-08final including drawings and specification for the Project, which was one of the alternatives previously proposed, which amendment will require the City to make available 15% of the costs of such servIces. 4, The City is willing to enter into the proposed amendment if the County will make available one-half of the City's required contribution for the services to be added by the amendment, up to $6,375.50. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COUT 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 La Porte for funding the City of La Porte's share of a proposed amendment of an agreement between the City of La Porte and the Texas General Land Office providing for the creation of bid documents for the Project, said Agreement between the County and the City of La Porte being incorporated herein by reference for all purposes as though fully set forth word for word.