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R2002-0141 09-09-02 RESOLUTION NO. R2002-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH HARRIS COUNTY FOR THE ALLOCATION OF RESPONSIBILITIES ASSOCIATED WITH THE DIXIE FARM, YOST/SCARSDALE AND BARRY ROSE/HUGHES ROAD PROJECTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract amendment by and between the City of Pearland and Harris County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract amendment with Harris County for the allocation of responsibilities associated with the Dixie Farm, Yost/Scarsdale and Barry Rose/Hughes Road projects. PASSED, APPROVED and ADOPTED this the 9 dayof September , A.D., 2002. ATTEST: APPROVED AS TO FORM: D~,RRIN M. COKER CITY ATTORNEY TOM REID MAYOR AMENDMENT THE STATE OF TEXAS § COUNTY OF HARRIS § Exhibit "A" R2002-141 TO AGREEMENT TH]S AMENDMENT TO AGREEMENT, made and entered into pursuant to V.T.C.A., Government Code §791.001 et. seq. (the Interlocal Cooperation Act) by and between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes called '~he County," and City of Pearland, a municipal corporation under the laws of the State of Texas, hereinafter sometimes called "the City;" WITNESSETH: WHEREAS, on or about January 8, 2002, the County and City entered into an Agreement relating to the construction of Dixie Farm Road between Beamer Road and State Highway 35, Scarsdale Boulevard between Sageking Drive and Yost Boulevard with twin bridges over Clear Creek, Yost Boulevard between Clear Creek and F.M. 518, and for certain preliminary engineering for Hughes Road from the existing termination of the boulevard section to Clear Creek, with a bridge over Clear Creek, and for certain preliminary engineering for Barry Rose Road from Clear Creek to F.M. 518, hereinafter called "Agreement," and WHEREAS, the Agreement was based on cost estimates that were three years old; and WHEREAS, revised cost estimates have been obtained; and WHEREAS, the parties desire for thc Agreement to reflect the revised cost estimates; and WHEREAS, the Agreement stated that the parties would provide preliminary engineering design services necessary for the Barry Rose Road Project and the Hughes Road Project, however, the parties desire to amend the Agreement to require only the preparation of preliminary engineering reports for said Projects, as hereinafter provided; NOW, THEREFORE, the County and the City, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: Subparagraph A of Paragraph 1I of the A~eement, which reads as follows: "On or before June 1, 2004, the City will (i) transmit to the County a check or warrant in the sum of $400,000.00 as the estimated cost of lA of the engineering and construction cost for the proposed twin bridges over Clear Creek which will connect Scarsdale Boulevard to Yost Boulevard; and (ii) prepare, or cause to be prepared, drawings, specifications and alignment maps for the construction of the Yost Extension. Upon completion of the said drawings, specifications and alignment maps, City will submit the drawings, specifications and alignment maps to the County for the County's information." is hereby amended to read as follows: "On or before June 1, 2004, the City will (i) transmit to the County a check or warrant in the sum of $800,000.00 as the ½ of the estimated cost of the design and construction of the proposed twin bridges over Clear Creek which will connect Scarsdale Boulevard to Yost Boulevard; and (ii) prepare, or cause to be prepared, drawings, specifications and alignment maps for the construction of the Yost Extension. Upon completion of the said drawings, specifications and alignment maps, City will submit the drawings, specifications and alignment maps to the County for the County's information." II Paragraph VI of the Agreement, which reads as follows: "Notwithstanding any other provision hereof, the County has appropriated and has available the sum of $2,000,000.00 to satisfy its obligations under this Agreement and is not obligated hereunder to expend in excess of such sum. Notwithstanding any other provision hereof, the City has appropriated and has available the sum of $13,230,000.00 to satisfy its obligations under this Agreement and is not obligated hereunder to expend in excess of such sum." is hereby amended to read as follows: 'Notwithstanding any other provision hereof, the County has appropriated and has available the sum of $5,700,000.00 to satisfy its obligations under this Agreement and is not obligated hereunder to expend in excess of such sum. Notwithstanding any other provision hereof, the City has appropriated and has available the sum of $13,630,000.00 to satisfy its obligations under this Agreement and is not obligated hereunder to expend in excess of such sum." 1II Paragraph III of the Agreement, which reads as follows: "The City will prepare, or cause to be prepared, preliminary engineering drawings for the Barry Rose Road Project, and the County will prepare, or cause to be prepared, the preliminary engineering drawings for the Hughes Road Project. Upon completion of the said drawings, specifications and alignment maps by each party, such party will submit the drawings, specifications and alignment maps to the other party for written approval." is hereby amended to read as follows: "The City will prepare, or cause to be prepared, a preliminary engineering report in accordance with Harris County's usual requirements for the Barry Rose Road Project, and the County will prepare, or cause to be prepared, a preliminary engineering report in accordance with Harris County's usual requirements, for the Hughes Road Project. Upon completion of the said preliminary engineering report by each party, such party will submit the preliminary engineering report to the other party for written approval." All other terms and provision of the Agreement shall remain in full force and effect as originally written. II i IN TESTIMONY OF WHICH, this agreement has been executed in duplicate counterparts, each to have the force and effect of an original as follows: (a) It has been executed on behalf of the County on the day of 8EP 2 4 ?~: : ~ .~ 2002, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such execution; and (b) It has been executed on behalf of the City on the 9 day of September, 2002, by its Mayor, and attested by its City Secretary, pursuant to ordinance of the City Council of the City of Pearland authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY MIKE STAFFORD County Attorney WILLIAM R. BRUYEq~ Real Property Section Chief lXPEARLAND23 02RPD0098 8/13/02 BY.county Judge ATTEST: ~G~~,~t~ecretary TOM REID, Mayor APPROVED AS TO FORM: DA(~~OKER,~%C~'ty Attorney COUNTERSIGNED: AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $3,700,000.00 to pay the obligation of Harris County under and within the foregoing Amendment to Agreement, which sum is in addition to the sum of $2,000,000.00 previously certified for the Agreement between Harris County and the City of Pearland approved by Commissioners Court on January 8, 2002. TOMM'te'J. TOMPKINS, Cofinty Auditor THE STATE OF TEXAS § COUNTY OF HARRIS § 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 SE? ~ 4 20~: ,2002, with the following members present, to-wit: Robert Eckels E1 Franco Lee Jim Fonteno $ t. ~ ~ R.d.,,k Jerry Eversole County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No. 2 Commissioner, Precinct No. 4 and the following members absent, to-wit: ~ , constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF PEARLAND RELATING TO THE CONSTRUCTION OF DIXIE FARM ROAD BETWEEN BEAMER ROAD AND STATE HIGHWAY 35, SCARSDALE BOULEVARD BETWEEN SAGEKING DRIVE AND YOST BOULEVARD WITH TWIN BRIDGES OVER CLEAR CREEK, YOST BOULEVARD BETWEEN CLEAR CREEK AND F.M. 518, AND FOR CERTAIN PRELIMINARY ENGINEERING FOR HUGHES ROAD FROM THE EXISTING TERMINATION OF THE BOULEVARD SECTION TO CLEAR CREEK, WITH A BRIDGE OVER CLEAR CREEK, AND FOR CERTAIN PRELIMINARY ENGINEERING FOR BARRY ROSE ROAD FROM CLEAR CREEK TO F.M. 518. Commissioner ~ ~introduced an order and made a motion that the same be adopted. Commissioner ~ 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 ~ [] [] Comm. Lee ~ [] [] Comm. Fonteno '~ [] [] ' ...... [] [] [] Comm. Eversole ~ [] [] The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, on or about January 8, 2002, the County and City entered into an Agreement relating to the construction of Dixie Farm Road between Beamer Road and State Highway 35, Scarsdale Boulevard between Sageking Drive and Yost Boulevard with twin bridges over Clear Creek, Yost Boulevard between Clear Creek and F.M. 518, and for certain preliminary engineering for Hughes Road from the existing termination of the boulevard section to Clear Creek, with a bridge over Clear Creek, and for certain preliminaw engineering for Barry Rose Road from Clear Creek to F.M. 518, hereinafter called "Agreement," and Presented to Commissioners' Cour~ - SEP 2 APPROVE __ Recorded WHEREAS, the Agreement was based on cost estimates that were three years old; and WHEREAS, revised cost estimates have been obtained; and WHEREAS, the parties desire for the Agreement to reflect the revised cost estimates; and WHEREAS, the Agreement stated that the parties would provide preliminary engineering design services necessary for the Barry Rose Road Project and the Hughes Road Project, however, the parties desire to amend the Agreement to require only the preparation of preliminary engineering reports for said Projects; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: The Harris County Judge is hereby authorized to execute for and on behalf of Harris County an Amendment to an Agreement relating to the construction of Dixie Farm Road between Beamer Road and State Highway 35, Scarsdale Boulevard between Sageking Drive and Yost Boulevard with twin bridges over Clear Creek, Yost Boulevard between Clear Creek and F.M. 518, and for certain preliminary engineering for Hughes Road from the existing termination of the boulevard section to Clear Creek, with a bridge over Clear Creek, and for certain preliminary engineering for Barry Rose Road from Clear Creek to F.M. 518, said Amendment being incorporated herein by reference for all purposes as though fully set forth word for word. Section 3: All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purpose of this Order.