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R2001-0157 11-12-01 RESOLUTION NO. R2001-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH HARRIS COUNTY FOR COST SHARING ASSOCIATED WITH THE DIXIE FARM, SCARSDALE-YOST, AND BARRY ROSE-HUGHES ROAD PROJECTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement 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 the original of the attached agreement with Harris County, for and on behalf of the City of Pearland, for cost sharing associated with the Dixie Farm, Scarsdale-Yost, and Barry Rose-Hughes Road Projects. PASSED, APPROVED and ADOPTED this the 12 day of November , A.D., 2001. . .~.-~P TOM REID MAYOR ATTEST: UN TY RETARY APPROVED AS TO FORM: DARRIN M. COKER _ CITY ATTORNEY . COMPANY ~I~.~rs~ Count P~.~ ~ ~ ~ . ~ ~ p~eC1nCt One Exhibit R2001-157 EI Franco Lee, COMMISSIONER fi702 Willardville Rd. Housfon, Texas 77048 713/991-6881 AGENDA ITEM January 8, 2001 County Judge Robert Eckels Members of Commissioners Court Building - Gentlemen: Precinct One requests approval for the County Judge to execute the City of Pearland Interlocal Agreement for road improvements. Noted changes in the agreement made by the city are to better accommodate their schedule and to better match. the city appropriated Y funds. Thank you for your consideration. vote of the court: Yes ~ ~ ~;n JuUge Er, ~'.s Sincerely, - i Comm. Rad2ct ! EI Franco Les - - EFL:MAA:Irm Presented to Commissioner's Court - _ Attachments ~~i~ xc: Judy Springer ~P~r~ov~ Charles Wilcox R4corded Val _______P89e----`"" / , ti..i n ~ b, M " Exhibit "Q" R2009-?57 AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement, 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 Peazland, a municipal corporation under the laws of the State of Texas, hereinafter called "City"; RECITALS: 1. It is to the mutual benefit of the residents of the County and the City that Dixie Farm Road be widened between Beamer Road and State Highway 35, as a four lane boulevard section with curb and gutter, storm sewers, outfalls and twin bridges across Mud Gully (Harris County Flood Control District Unit A120-00-00), hereinafter called "Dixie Farm Road Widening," that Scazsdale Boulevard be constructed from Sageking Drive to Yost Boulevard as a four lane boulevard section with curb and gutter, storm sewers, outfalls and a bridge over Clear Creek, hereinafter called "Scarsdale Extension;" that Yost Boulevard be constructed from Clear Creek to F.M. 518 as a four lane boulevard section with curb and gutter, storm sewers and outfalls, hereinafter called "Yost Extension," that Hughes Road be constructed as a four lane boulevazd section with curb and gutter, storm sewers and outfalls from the existing termination of the boulevard section to Cleaz Creek, with a bridge over Cleaz Creek, hereinafter called "Hughes Road Project," and that Barry Rose Road be constructed as a four-lane boulevard section with curb and gutter, storm sewers and outfalls, from Clear Creek to F.M. S 18, hereinafter called "Barry Rose Road Project." 2. The City has entered into an agreement with the State of Texas, acting by and through the Texas Department of Transportation (TxDOT), providing that the State will construct the Dixie Farm Road Widening upon performance by others of certain other acts, including acquisition of necessary right-of--way, and the City has requested that the County, in consideration for the City's entering into this Agreement, provide that part of the right-of--way located within Harris County for the Dixie Fazm Road Widening. 3. The City is willing to provide the right of way for the Yost Extension, pay half the costs of designing and constructing that part of the Scarsdale Extension consisting of the twin bridges over Cieaz Creek, and design and construct the Yost Extension, if the County enters into this agreement agreeing to provide the engineering services necessary for the Scarsdale Extension, and constructs the Scarsdale Extension. 4. Neither the City nor County have current funds available to construct the Barry Rose Road Project or the Hughes Road Project, but the parties recognize that both such Projects are needed for future transportation needs, and that neither of such Projects should be built without the other Project also being built. The parties further understand that it would be of benefit to each to construct both such Projects in the future under terms similar to those under which the Scarsdale and Yost Extensions will be constructed under this Agreement. S. The City is further willing to provide the preliminary engineering design services necessary for the Barry Rose Road Project if the County agrees to provide the preliminary engineering design services necessary for the Hughes Road Project. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: l I. The Dixie Farm Road Widening A. The City shall be responsible for preparing engineering drawings, specifications and alignment maps, obtaining environmental assessments, and complying with all other requirements for the Dixie Farm Road Widening. After the (i) approval by the County and TxDOT of the City's drawings, specifications and alignment maps for that part of the Dixie Farm Road Widening located within Harris County, and the (ii) approval by TxDOT of all environmental assessments and other requirements for the Dixie Farm Road Widening, the County will undertake to acquire the right-of-way, by purchase, donation or condemnation, for the portion of the Dixie Farm Road Widening located in Harris County. The County will follow TXDOT procedures regazding the right-of--way acquisition. The right-of-way located in Harris County will be acquired in the name of Harris County. B. The City agrees to fulfill all of its obligations under its Agreement with TxDot in regard to the Dixie Farm Road Widening. II. The Scarsdale and Yost Extensions ,2~4 A. On or before June 1,~98~; the City will (i) transmit to the County a check or warrant in the sum of $400,000.00 as the estimated cost of lh of the engineering and construction cost for the proposed twin bridges over Clear Creek which will connect Scarsdale Boulevard to Yost Boulevazd; and (ii) prepare, or cause to be prepazed, 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. 2aaq- - B. On or before June 1,~98~, but not prior to the receipt from the City of the funds provided for in the above pazagraph, the County will prepaze, or cause to be prepared, drawings, _ specifications and alignment maps for the construction of the Scarsdale Extension. Upon completion of the said drawings, specifications and alignment maps, County will submit the same to the City for the City's information. C. After the receipt by the City of the County's drawings, specifications and alignment maps and the receipt by the County of the City's drawings, specifications and alignment maps, the City will undertake to acquire, by purchase, donation or condemnation, the right-of--way needed for the Yost Extension, and the County will undertake to acquire, by dedication, purchase, donation or condemnation, the right-of--way Iocated within Harris County needed for the Scarsdale Extension. It is contemplated that no additional right-of--way or utility adjustments within Brazoria County will be necessary for the construction of the Scarsdale Extension. In no event is the County obligated under this subparagraph to acquire any right of way or relocate any utilities located outside of Harris County or within the city limits of the City of Peazland. If any such actions outside of Harris County ox within the city limits of the City of Peazland are or become necessary for construction of the Scarsdale Extension, the County has no obligation to go forward hereunder until such acquisitions and relocations are accomplished. The right of way located in Harris County will be dedicated to the public or acquired in the name of Harris County. D. Within one year after the acquisition of all the necessary right-of--way for the construction of the Scarsdale Extension and the Yost Extension, the (i) City will advertise for and receive bids for the construction of the Yost Extension in accordance with the drawings and specifications in the manner similaz to that of other like or similar projects of the City, and the (ii) County will advertise for and receive bids for the construction of the Scarsdale Extension in accordance with 2 the drawings and specifications in the manner similar to that of other like or similar projects of the County. Upon receipt and tabulation of the bids, the City will determine the lowest and best responsible bid for the construction of the Yost Extension and the County will determine the lowest and best responsible bid for construction of the Scarsdale Extension. The City and County will each award the construction contract, for which it has received bids, to the lowest and best responsible bidder. The County is not required to award the construction contract for the construction of the Scarsdale Extension prior to the City awarding a construction contract to the lowest and best bidder for the construction of the Yost Extension. Notwithstanding, the above, it is understood that the City and the County may decline to award the contract for the construction of the Yost Extension and Scarsdale Extension to any of the bidders and re-advertise for bids as in the first instance within ninety(90) days after rejecting all bids. E. Each party may make such minor changes in the drawings and specifications prepared by such party as that party deems necessary or desirable during the construction of that party's portion of the Project. Each party reserves the right to make inspections of the construction of both party's Portions, although neither party will interfere with the other party's work in progress. F. After the completion of the construction of the Scarsdale Extension, the County will perform, or cause to be performed, a final accounting of the actual cost of the design and construction of the twin bridges over Clear Creek which connects the Scarsdale Extension with the Yost Extension. If one-half (1/2) of the amount of the actual cost exceeds the amount of funds paid by the City to the County pursuant to Paragraph II, the City will pay to the County the amount of the excess within thirty(30) days after notice from the County. If one-half(1/2) of the amount of the actual cost is less than the amount of funds paid by the City to the County pursuant to Paragraph II,then the County will refund the difference to the City. III. The Hughes Road and Barry Rose Road Projects 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. IV. Termination Either party may terminate this Agreement, without cause, any time prior to the letting of the contract for the construction of the Dixie Farm Road Widening or the contract for the construction of the Scarsdale Extension or Yost Extension, by prior written notice to the other party hereto, and the party terminating has no further obligation hereunder to the other party. V. Acceptance of Facilities The City will accept the Yost Extension and those portions of the Scarsdale Extension located within its boundaries as part of its street or road system. The County will accept those portions of the Scarsdale Extension and Dixie Farm Road Widening located within its boundaries as part of its street or road system. 3 • VI. Current Funds Available 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 $fr,8@6:8@6:6~-to satisfy its obligations under this Agreement and is not obligated hereunder to expend in excess of such sum. 3, 230 000. oeJ VII. Notices All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the County at the following address: Hazris County 1001 Preston, 9~' Floor Houston, Texas 77092 Attention: County Engineer All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to City at the following address: City of Peazland 3519 Liberty Drive Pearland, Texas 77581 ~ ~ Attention: City Manager 2Q, VIII. Entire Agreement 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, signed by all parties hereto. IN TESTIMONY OF WHICH, this agreement has been executed in triplicate 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~N U $ 2002 ~ by the County Judge of Hams County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such executions, and (b) It has been executed on behalf of the City on the day of , 2001, by its Mayor, and attested by its City Secretary, pursuant to ordinance of the City Council of the City of Peazland authorizing such execution. 4 l ~ e • boulevard section to Clear Creek, with a bridge over Clear Creek, hereinafter called "Hughes Road Project," and that Barry Rose Road be constructed as a four-lane boulevard section with curb and gutter, storm sewers and outfalls, from Clear Creek to F.M. 518, hereinafter called "Barry Rose Road Project." 2. The City has entered into an agreement with the State of Texas, acting by and through the Texas Department of Transportation (TxDOT), providing that the State will construct the Dixie Farm Road Widening upon performance by others of certain other acts, including acquisition of necessary right-of-way, and the City has requested that the County, in consideration for the City's entering into this Agreement, provide that part of the right-of--way located within Hams County for the Dixie Farm Road Widening. 3. The City is willing to provide the right of way for the Yost Extension, pay half the costs of designing and constructing that part of the Scarsdale Extension consisting of the twin bridges over Cleaz Creek, and design and construct the Yost Extension, if the County enters into this agreement agreeing to provide the engineering services necessary for the Scarsdale Extension, and constructs the Scarsdale Extension. 4. Neither the City nor County have current funds available to construct the Barry Rose Road Project or the Hughes Road Project, but the parties recognize that both such Projects are needed for future transportation needs, and that neither of such Projects should be built without the other Project also being built. The parties further understand that it would be of benefit to each to construct both such Projects in the future under terms similaz to those under which the Scarsdale and Yost Extensions will be constructed under this Agreement. 5. The City is further willing to provide the preliminary engineering design services necessary for the Barry Rose Road Project if the County agrees to provide the preliminary engineering design services necessary for the Hughes Road Project. 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 Hams County an Agreement by and between Harris County and the City of Peazland for the construction by Harris County of the extension of Scarsdale Boulevard from Sageking Drive to Yost Boulevard, for the construction by the Ciry of Peazland of the widening of Dixie Farm Road from Beamer Road to State Highway 35, the construction of Yost Boulevard from Clear Creek to F.M. 518, and the preliminary design services for Hughes Road and Barry Rose Road, for the citizens of the City of Pearland and Harris County. 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. 2 ORGANIZATION NAME PURCHASE ORDER NO. ~S ~OGy PURCHASE H Commissioner Pct. 1 - 101 P04 071 VENDOR NO. DATE CONTRACT AWD. DATE CONTRACT & BOND APPR. DATE REQUEST NO. ORDER TERMS OF PAYMENT EST. DELIVERY DATE TEXpS HARRIS COUNTY AUDITOR Go ACCOUNTS PAYABLE ~ CITY OF PEARLAND S HARRIS COUNTY PRECINCT ONE 1001 PRESTON, SUITE 800 B HOUSTON, TEXAS 77002 E 3519 LIBERTY DRIVE H 6702 WILLARDVILLE ROAD PEARLAND , TX 7 7 5 81 I HOUSTON, TX 7 7 0 4 8 ~ (713) 755-6573 N P L All vendors doing business with Harris County should D provide the Taxpayer Identification Number or Social Security Number as applicx~ble. Failure to provide this O T T information may result in a delay in payment and/or R O MART INE Z , LUPE (713) 9 91- 6 8 81 Q Service wdhholding as required by the Internal Revenue 0001 1.00 LT AGREEMENT FOR THE CONSTRUCTION OF DIXIE FARM ROAD 2000,000 2000,000.00 BETWEEN BEAMER ROAD & STATE HIGHWAY 35, SCARSDALE BOULEVARD BETWEEN SAGEKING DRIVE & YOST BOULEVARD WITH TWIN BRIDGES OVER CLEAR CREEK AND YOST ~ i BOULEVARu BETWEE~i CLEAk CRE c;K AIti'L'' F . M . 518 A~fiD FOR THE PRELIMINARY BOULEVARD SECTION 1'O CLEAR CREEK, WITH A BRIDGE OVER CLEAR CREEK, AND FOR THE PRELIMINARY DESIGN OF BARRY ROSE ROAD FROM CLEAR CREEK TO F.M.518. APPROVED IN COMMISSIONERS COURT 1/08/02 PLEASE ALLOW FOR PARTIAL PAYMENTS NOT VALID, UNLESS APPROVED BY THE HARRIS COUNTY PURCHASING AGENT ~ - ~ ~ 2 0 0 0 , 0 0 0 . 0 0 ISSUANCE OF THIS PURCHASE ORDER IS CERTIFICATION BY THE HARRIS COUNTY FOR QUESTIONS CONCERNING THIS • AUDITOR THAT FUNDS, IN THE AMOUNT OF THE PURCHASE ORDER TOTAL, ARE PURCHASE ORDER CONTACT: AVAILABLE. NORA W SZUMSKI ADDITIONAL TERMS AND CONDITIONS ON REVERSE (713) 7 5 5 - 6 6 71 COUNTY AUDITOR'S FORM 3501 (REV. 03199) ORIGINAL JACK McCOWN, HARRIS COUNTY PURCHASING AGENT STANDARD TERMS AND CONDITIONS AccePtance of this order implies acceptance of the following terms and conditions,unless superseded la an attacked agreement: 1.SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: a)Seller's name and address; b)Cosigner's name,address and purchase order number; c)container number and total number of containers,e.g.box 1 of 4 boxes; and d)the number of the container bearing the packing slip(must accompany all goods delivered). The packing slip(or shipping ticket)must state clearly purchase order number, packing slip number,number of items,stock number,destination of delivery,and delivery date. Seller shall bear cost of packaging unless otherwise provided. 2.DELIVERY: a) The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery; b)delivery terms are F.O.B. Inside Delivery,unless delivery terms are specified otherwise in bid; c)The place of delivery shall be that set forth on the purchase order;d)Seller must provide goods or services within the tern dates indicated on the purchase order.The terms of this agreement are"no arrival,no sale." 3.INVOICES AND PAYMENTS:a)Seller shall submit an original invoice.Invoices subject to cash discount will be calculated from the date final invoice is received by the County Auditor's Accounts Payable Department Invoices must indicated purchase order number to insure proper payment MAIL ALL ORIGINAL INVOICES TO HARRIS COUNTY AUDITOR'S OFFICE,1001 PRESTON,SUITE 800,HOUSTON,TEXAS 77002,ATTENTION:ACCOUNTS PAYABLE DEPARTMENT. b)Payments:The sum of the payments due Seller is limited to the amount of money stated on the face of this purchase order.Any products provided or services rendered in excess of this amount will be at Seller's expense and not payable by Buyer.No alterations,substitutions or extra charges of any kind will be permitted. Merchandise may not be billed at a price higher than is stated on this order. c)Do not include federal excise,state or city sales tax.Pursuant to Texas Tax Code Ann.Sec. 151.309,as amended,Buyer is exempted from sales sad use taxes. 4.GRATUITIES:Buyer may,by written notice to the Seller,cancel this contract without liability to Seller if it is determined by Buyer that gratuities,in the form of entertainment,gifts, or otherwise,were offered or given by the Seller,or any agent,or representative of the Seller,to any officer or employee of Harris County with a view toward securing a contract os securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision,Buyer shall be entitled,in addition to any other rights and remedies,to recover or withhold the amount of the Cost incurred by Seller in providing such gratuities. 5.WARRANTY PRODUCTS:Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer.Seller warrants That the goods furnished will conform to the specifications,drawings and descriptions listed in the bid invitation and to the samples(s)furnished by Seller,if any.In the event of a conflict Between the specifications,drawings and descriptions,the specifications shall govern. 4.APPLICABLE LAW:Seller wamurts that the products sold and/or services rendered meet the standards promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act of 1970(OSHA)and conforms to the requirements of the Americans with Disabilities Act(ADA)and other applicable federal,state,and local law. 7.RIGHT OF INSPECTION:Buyer shall have the right to inspect the goods at delivery before accepting them. 8.CANCELLATION:Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order is Seller breathes any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy.Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 9.TERMINATION:The performance of work under this order may be terminated in whole or in pert by Buyer in accordance with this provision.Termination of work hereunder shall be effected by the delivery to the Seller of a"Notice of termination"specifying the extent to which performance of work under this order is terminated and the date upon which such termination becomes effective.Such right of termination is in addition to and not in lieu of rights of Buyer set forth in Clause 8,herein. 10.FORCE MAJEURE:If by reason of Force M4jeure,either party hereto shall be rendered unable wholly or in pert to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon,and the obligation of the party giving such notice,so far as it is affected by such Force Majeure,shall be suspended during the continuance of the inability then claimed. 11.ASSIGNMENT:Seller may not assign,sell or otherwise transfer this contract without written permission of the Harris County Commissioners Court Any assignment of this contract is made subject to all the rights of the Buyer. 12.CONTROLLING DOCUMENTS:In the event of any conflict between either the terms and provisions of this purchase order or the Buyer's advertised bid specifications,terms and conditions,and the terms or any provision(s)of any documents tendered by Seller,this purchase order,and the Buyer's bid specifications(if any)shall control. 13.GOVERNING LAW:This agreement shall be governed by the Constitution and laws of the State of Texas,as amended.Venue for any litigation arising from this contract shall lie in Harris County,Texas. Telephone inquiries relating to invoices,call the County Auditor's Accounts Payable Dept.:713+755-6573. Telephone inquiries relating to other forms and correspondence,call the County Purchasing Department 713+755-5036.Except for Invoices,mail all other forms and correspondence to the Harris County Purchasing Department,1001 Preston,Suite 670,Houston Texas 77002. APPROVED AS TO FORM: HARRIS COUNTY MIKE STAFFORD County Attorney By�� B Co WILLIAM R. BRUYERE • •BER ' ' LS, County Judge Deputy Division Chief I\PEARLAND21 00GEN1764 10/10/01 A I tST: CITY OF PEARLAND By Y G L 1 ecr OM REID, Mayor APPROVED AS TO FORM: COUNTERSIGNED: CTIL' DARRIN COKER, City Attorney ALAN R. MUE L , Projects Coordinator AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $2,000,000.00 to pay the obligation of Harris County under and within the foregoing contract. TO J. T�KINS, County Auditor 5 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 'JAN 0 8 2002 , !"066144hrith the following members present, to-wit: Robert Eckels County Judge El Franco Lee Commissioner, Precinct No. 1 James Fonteno Commissioner, Precinct No. 2 Steve Radack Commissioner,Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 AND N� FOLLOWING MEMBERS ABSENT, TO-WIT: CONSTITUTING A QUORUM,WHEN AMONG OTHER BUSINESS, THE FOLLOWING WAS TRANSACTED: ORDER AUTHORIZING INTERLOCAL AGREEMENT WITH THE CITY OF PEARLAND FOR 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, AND YOST BOULEVARD BETWEEN CLEAR CREEK AND F.M. 518, AND FOR THE PRELIMINARY DESIGN OF HUGHES ROAD FROM THE EXISTING TERMINATION OF THE BOULEVARD FORTHE PRELIMINARY DES G OF BARRY ROS CREEK, WITH A BRIDGE ROAD FROM CLEAR CREEK AND A TO F.M. 518. Commissioner .: ;st/d 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: Vote of the Court: Yes No Abstain AYES: l� NAYS: Ct,�;,:r�. �:._..,D 0 0 Comm.R3dzCk .�J ❑ 0 ABSTENTIONS: Comm. Eversole U 0 C3 The County Judge thereupon lawfully announced adopted. The o�der thution s adopt d follows:and lawfully carried and that the order had been duly Y 1. It is to the mutual benefit of the residents of the County and the City that Dixie Farm Road be widened between Beamer Road and State Highway 35, as a four lane boulevard section with curb and gutter, storm sewers, outfalls and twin bridges across Mud Gully (Harris County Flood Control District Unit A120-00-00), hereinafter calledve "Dixieto Farm Road aide four"lane Scarsdale Boulevard be constructed from Sageking boulevard section with curb and gutter, storm sewers, outfalls and a bridge over Clear Creek, hereinafter called"Scarsdale Extension,"that Yost Boulevard be constructed from Clear Creek to F.M. 518 as a four lane boulevard section with curb and gutter, storm sewers and outfalls, hereinafter called "Yost Extension," that Hughes Road be constructed as a four lane boulevard section with curb and gutter, storm sewers and outfalls from the existing termination of the Presented to Commissioners Court JAN 0 8 2002 APPROVE 17urnrtle[1 Vol Page —