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HomeMy WebLinkAboutO-1988-1617 e e ORDINANCE NO. 1617 AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH HARRIS COUNTY FOR ADDITION TO THE JENNIE RILEY COMMUNITY CENTERJ MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWJ 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 Mayor 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, Article 6252-17, Texas Revised Civil Statutes Annotated, 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 act~d 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. PASSED AND APPROVED, this 24th day of October, 1988. ATTEST; ~ (~ . City Secretary APPROVED; ~ ~~ . City Attorney e e JON LINDSAY, County Judge WALTER L. JONES, Director HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY 3100 Timmons lane, Suite 330, Houston, Texas 77027. 626-5651 ~:-. t~~{~' .........,.. r;.n.crrr~~~"'''..t..'";. ~'~ l '" , " ' . , "1 ,. L' \. r '., ' , " 1 ,:'.'" ~'Lrj 2.3 1988 ~-' November 23, 1988 f':'.~r.- /,"',tr-:. r." "'I"rar..-r, ~...~"'~,..... d. .,I'il'.....~~\ -; ~ ~ . r. The Honorable Norman Malone City of La Porte 604 West Fairmont Parkway P.o. Box 1115 La Porte, Texas 77571 Dear Mayor Malone: Re: La Porte (Jennie Riley) community Center Expansion Project Number: 87-02-A-03 Enclosed is your copy of the original Interlocal Agteement between Harris County and the City of La Porte on the above mentioned project approved by Commissioners' Court on August 28, 1988. This agreement should be attached to the recent amendment executed by your city on October 28, 1988. Thank you for your attention to this matter. Sincerely, Aer " Director WIJ:CC:ah Enclosure , . e e '. C. A. File No. 24,705 AMENDMENT~O AGREEMENT THE STATE OF TEXAS. .' ~ f COUNTY OF HARRIS ~ WHEREAS, Harris 'County, a body corporate, and politic, under the laws of the State of Texas, hereinafter referred to as "Cou~ty," and the city of 'La. Porte, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "City;". entered irito an Agreement for the partia~ f.und~ng. of the desig.n and construction of an addition to the Jennie Riley Community ,Center, u~inq Community Development Block Gra~t funds; 'and WHEREAS, the County and the City desire 'to increase the amount of Communi ty Development Block Grant funds' ava-il'able in' the amount 'of Twenty Thousand, Five Hundred and No/lOa Doll.ars ($20,500.00) from Grant Number B-87-UC-48-002; NOW, THEREFORE in consideration of the mutual promises berein contained, the County and the City agree as follows: I. That part of the recitals .of said Agreement, which read as follows: WHEREAS, included in the approved grant application was the partial funding of the design and construction of an addition to the City'S Jennie Riley Community Center of approximately 2500 sqUare feet for the total cost of $227,000.00; hereinafter' referred to as 'the "Project"; and, is hereby amended to read: WHEREAS, included in the ,approved' qrant application was the partial funding of the design and const~c~ion Qf an'addition to ~he City's Jennie Riley Community Center of approxim~tely 2500 square feet for the total cost of $248,,950.90, hereinafter refe~red to as the "Project"; and, II. Paragraph III of said Agreement which reads as follows: For and in consideration of the construction of the Project as herein set forth, the County agrees to fund project costs not to e e exceed the total .sum of One Hundred .Sixty-Seven Thousand and Np/100 Dollars ($167,000.00) as' set, for.th in the Budget for CDBG funds attached hereto as E;xhibit "B," which shall be in fUll and total compensation for payment of all expenses allowed under this contract and the Grant Agreement with HUD. .The County shall not be liable for the payment of expenses _or cos'ts which are not allowable unde'r the terms of this Agreement and the Grant Agreement with HUD. is hereby amended to read: For and in consideration of the construction of ,the projec;:t as herein set fon:h, the County agrees ,to fund project costs not to exceed, tl'ietotal sum of One' Hundred. Eighty-Seven Thousand,' Fi,v,e Hund~ed and NO/IOO 'Dollar.s '($1.87,SOO!00) as set _forth'in _the Budget for. CDBG funds attaChed heI;'eto as Exhibit "B, n which shall be in full - and total compensa~ion for . payment of all expenses allowed under' .this contract and the Grant -Agreement with HUD. The County shall not be liable for the payment of expenses or costs which are not allowable under-the terms of this.Agreement an4,the Grant Agreement_with HU~. III. .That. part of Par~grap~. IV o'f. said. Agreement which reads as follows': , . The County 'has no County funds for the costs of goods and services to be rendered under this agreement. It is expressly agreed and understood that this agreement is predicated upon and conditioned on the County receiving 'funds for the purpose of paying the .entire obligation of the County under this agreement from funds to be received from the.U. S. Department of Housing and Urban Development, by virtue of Grant No. B-86-UC-48-0002, entitled Community DevelQpment Block Grants. Accordingly, notwithstanding anything herein to the contrary; the maximum liability of the County' ,under' the terms and provisions of this agreement' shall not 'exceed $167,900.00 o~ the amount actually received by the co~ty from HUD pursuant to the Block Grant. is hereby amended to'read: The County has "no County funds for the costs' of goOds and services to be rendered under this agreement. It is expressly agreed and understood that this agreement is predicated upon and conditioned on the County receiving funds for the purpose of paying the entire obligation of the County under this agreement from. funds to be received from the U. S. Department of Housing and Urban Development, by virtue of Grant No. B-87-UC-48-0002, entitled Community Development Block Grants. Accordingly, notwi t~standing anything herein to the -2- e e contrary,' the maxi~um ..liability of the County under the terms and provisions of this. agreement shall not. exceed '$187,500.00, or the amount.a~tually'received by the County from HUDpursuant to the Block Grant. IV. Exhibit "B"'which readlii" as follows: Pro;~ct'Budaet 'Harris County Community Development Block Grant Funds A. Costs to be paid by Harris County - Community DevelQpment ,Agency to Harris County and/or outside vendors' . contracted with' by' the County services rendered in connection with the project. .$'29,205.00 B. Construction Costs 128,000.00 9.795.00 $167,000.00 C. CO!lti~gency TOTAL.CDBG Funds II. City of La Porte,Funds A. Construction Costs and contingency TOTAL 60.000.00 $227,000.00 is hereby amended to read: Project' Budaet Harris Cou~ty Community Development Block Grant Funds A. Costs to be paid by Harris County Community . Deyelopment Agency to Harris County ,and/or outside vendors contracted with by the County services rendered in connection with the project. $49,705.00 B. Construction Costs 128,000.00 -3- e e C. Contingency TOTAL CDBG Funds 9.795.00 $187,500.00 II. City of La Porte Funds A. Construction Costs and Contingency TOTAL 61.450.00 $248,950.0_0 v. All other terms and conditions. of said Agreement shall remain in full force and effe~t'as ~riginal~y, written. originals In Witness Whereof this instrument has 'been executed 'in duplicate (a) by the parties here~as follows: " . ' It has on the d-.l day of ~ 1988, been executed by the. County ,Judge of' Harris County, on behalf of the County pursuant to an Order of Commissioners'Court ~f the County so a~thorizing. (b) It has on the " day of , 1988, been executed by the. Mayor and attested, to 'by the City Secretary on behalf of' the City pursuant to an Ordinance so authorizing. CITY OF LA PORTE MAYOR PRO TEM ATTEST: City Secretary DRISCOLL Attorney ~ J S M. ANDERSEN A sistant County Attorney APPROVED AS TO FORM: -4- e e ORDEa AUTHORIZING ~ENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS - ,On this the ~ ~ ~ 'th ~l, day ,of ~+~~ , 1988, at a regular COUNTY OF HARRIS meeting' of Commissioners Court, s~tting as the gove'rning body of Ha.rris County, Texas; upon motion of Commissioner ~~. . se-conded by -~~1'I\lI\iSSiO,ne~ ' , _~ , duly put and carried, IT IS ORDERED that Harris County amend the interlocal agreement between Harris County and the City of LA PORTE for the partial fU~din9 of the de~ig~ and cons~ruction of an addition to the Jennie Riley Community. CEmt'er to ,proyide $20,500.00 additional Communi~y Development Block Grant funds, and the County Judge Jon Lindsay be and he is hereby authorized to execute such amendment to said agreement on Presented To COMMISS'Ol'~cRS COURt DATE..____~_;p.._~.~J~~~ Recorded Vol._pag8- e e MIKE DRISCOLL co~nty attorney September 22, 1988 loeu PrestOn, SuIte 634 Houstoa, Texas 7'700% 71JIZ2I-5101 _ Honorable County Judge-and Commissioners Court B u i I d 'i' n g ATT~NTION: Mr. Kevin Mauzy Re: Amendment to Agreement between'Harris Co~ty and the City ,9f L~ Porte to provide an a9ditional $20,500.00 'in Community Development Block Grant 'funds i' C. A. File No. 24,705. r . ~ 'Dear Sirs: Attached are two orfginal and,- five copies of the aJ;>ove- mentioned Agreement. Please put thin item on the agenda' for the September 27, 1988 meeting of Commissioners Court. ~hank y~u for " ". your attention, to 'this matter. Sincerely, MIKE DRISCOLL Ft::'torney ~ ,a Lc.- .1~/ 4. ~__ Y JAMES M. ANDERSEN Assistant: County Attorney MD: J'MA:.jmm Attachment .cc: Mr. Walter L. Jones .Executive Director Harris County Community Development Agency Presented TCI ~ :::~j~~:~~:l~;'.i~~:~ J fr Counxy AUditor's Office ~ ATTENTION: Grants sect8pp"" c:o ~ ~x ~ ~ n?: rr1 (") (!, CD C') o en rr1 ~~ b < - --. I'TI .... .~ :=:It C ).. ;.,; :!: 0(1) :II c:O c:c , Recorded Vol. .._...~.Pagl!.u._._, FIrst Assbtant: ManIla Floyd · Bureau Chiefs: JIInmy McKnIght, Admin. Senckes, Jerry B. Schank, David R. Hurley · Division ChIefs: David H. Melasky, Doli A. Wind, Lupe SaIIDas, Russell L. Drake 2- ()~~,'~ tb ~t~ a.~....::P'.J......J e e C. Contingency .9.795.00 TOTAL CDBG Funds $l87,500.00 II. City of La Porte Funds A. Construction Costs and Contingency TOTAL 61. 450.00 ,$248,950.00, V. All other terms and conditions of said Agreeme~t shall remain in full force and effect as originally written. 'In, Wit~ess Whereof this instrument has been executed in duplicate originals by the parties hereto as follows: . ~ :"').L L_r (a) I~ has on the c?, day Of~p Ier<"\~, 1988, been executed by the' County Judge of Harris County, on b~half of the County pursuant to an Order of ~ommissioners Court of the County so authorizing. ' (b) It _ has ,on the day of , 1988, been executed by the Mayor and attested to by the City Secretary on behalf of the City pursuant to an Ordinance so authorizing. CITY OF LA PORTE MAYOR PRO TEN ATTEST: City Secretary APPROVED AS TO FORM: MIKE DRISCOLL Count Attorney 74- J S M. ANDERSEN A sistant County Attorney By WA Ex -4- . e ORDER AUTHORIZING AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS S S COUNTY OF HARRIS S On this the ~lik day of~t~~ , 1988, at a regular meeting of Commissioners Court, si tting as the gQverriing body of ct19NY. . ( , duly ,put and carried, Harris County, Texas, upon motion of' Commissioner ;t:.v- seconded by Commissioner IT I~ ORDERED tha~ Harris County amend the interlocal agreement between Harris County and the City of LA PORTE for the partial funding of the, design and construction of an addition to the Jennie Riley Community Center to provi,de $20,,500.00 additional Community Development Block Grant funds, and the County Judge Jon Lindsay be and he is hereby authorized to execute s~ch amendment to said agr~ement on behalf of Harris County, said amendment being incorporated herein by reference for all purposes as though fully set forth herein word for word. PrescIlt0.d To COMMISSi()i\L:;~S COURt DA TE..S!P-__~__'l.1988____._ Recorded VOI.-__.__Page__