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HomeMy WebLinkAboutO-1991-1777 . e ORDINANCE NO. 1777 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE CITY OF LA PORTE, FOR UTILITY ADJUSTMENTS FOR THE SPENCER HIGHWAY PASS PROJECT; 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 Mayor and City Council are 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 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. PASSED AND APPROVED, this 26th day of August, 1991. CITY OF LA PORTE BY~~A No man . alo e, ayk ~ Secretary .,.. "'~r'" e e CRP 91(28) MX etc. 8020-12-11 etc. Harri s County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of , 1991, by and between the City of LaPorte, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of water line adjustments, sanitary sewer adjustments and incidental items within the limits from Underwood to State Highway No. 146 and also from 200. east of Willow Spring Bayou to Underwood Street on Spencer Highway, which is solely the City.s responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed thiS work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is Five Hundred Twenty Thousand Five Hundred Twenty Six and 54/100 Dollars ($520,526.54), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 87519, as it applies to the City, a copy of which is attached her~to and marked "Exhibit A" and made a part of this agreement, and WHEREAS, the City will pay to the State One Hundred Seventy Three Thousand Five Hundred Eight and 85/100 Dollars ($173,508.85), upon execution of the agreement and increments thereafter in the amount of One Hundred Seventy Three Thousand Five Hundred Eight and 85/100 Dollars ($173,508.85), ninety days after execution of the agreement and One Hundred Seventy Three Thousand Five Hundred Eight and 84/100 -1- ~,I .-'J e e Dollars ($173,508.84), one hundred eighty days after the execution of the agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of One Hundred Seventy Three Thousand Five Hundred Eight and 85/100 Dollars ($173,508.85), to be used in paying for the proposed work required by the City in the City of LaPorte. It is further understood that the City will pay to the State increments of One Hundred Seventy Three Thousand Five Hundred Eight and 85/100 Dollars ($173,508.85), ninety days after execution of the agreement and One Hundred Seventy Three Thousand Five Hundred Eight and 84/100 Dollars ($173,508.84), one hundred eighty days after the execution of the agreement. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. It is further understood that the City upon the request of the State will forthwith pay to the State additional funds over and above the increment amounts listed herein in the event additional funds are required to make payments for the construction work. In the event the amount as paid is more than the actual cost of the City.s share, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 87519, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A"' and made a part of this agreement. -2- . ,..,. e e IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LAPORTE J of the Fi rst Part By: ~rJ-/t(~(KIJ-- a 0 By: ~. ~~~ Member 0 C, ty Co cil .. STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. By: Director, Contract Management -3- __.. A~U S - -.; 1-91 P.02 THU_ .:19 DISTRICT 5 WHEREAS, in HARRIS COUNTY in the City of La Porte on SPENCER HIGHWAY from Underwood Road to State Highway 146, I distance of approximately 3.4 miles, I project is required; and WHEREAS. this project qualifies for the 1998-92 Urban System /Pr'nctpal Arteria' Street System Program (Major Urbanized Areas) . approved this date by State Highway and Public Transportation COINiss10n action; e NOW, THEREfORE. IT IS ORDERED that the Engineer-Director is hereby directed to tender the following proposal to Harr's County and the City of La Porte: . Provided Harris County and the City of La Porte will; . 1. Provide fifty percent of the cost of eligible ut"1ty adjustments as ~lY be required in accordance with policies of the State Department of Highways and Public Transportation. 2. Upon completion of the construction of this project, maintain that portion of the work which is its responsibility in accordance with Federal and State requirements, and agree to regulate traffic and prevent encroac~nt on the right of way, .1' in accordance with governfng policies and regulat10ns of the State Department of Highways and Publtc Transportation. · . The State Department of Highways and Public Transportation will: 1. Provi de f 1ft1 percent of the cos t of e 1191 b' e ut l11ty adjustments as may be required in accordance with policies of the State Department of Highways Ind Public Transportation. 2. Provide for construction. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreelll8nts . Upon acceptance of the provts1ons of this Order by H4rrfs County and the City of La Porte. IT IS FU~THER ORDERED that the Engineer-Director is hereby authorized to proceed in the most fus,ible and economical manner with project development to inClude any necessary .greements. right of way acquisition, utility adjustments, relocation assistance and construction at an estimated cost Of $12,020.000 to the State which will be funded from the 1988-92 Urban System/PrinCipal Arterta' Street System Program (Major Urbanized Areas). This Order shell become operative upon acceptance by Harris County and the City of La Porte; and if not accepted within 120 days of the date hereof, the action here1n contained shall be automatically canceled. Minute No. 87519 June 28. 1988 COpy "EXHIBIT A"