HomeMy WebLinkAboutResolution No. 2009-55 RESOLUTION NO. R2009-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE, AND THE CITY SECRETARY TO ATTEST, AN
AMENDMENT TO THAT CERTAIN INTERAGENCY
AGREEMENT BETWEEN THE CITY AND HARRIS COUNTY,
ADOPTED AS PART OF RESOLUTION NO. R2007-19,
REGARDING THE CONSTRUCTION OF EL DORADO
BOULEVARD (FRIENDSWOOD LINK ROAD) FROM BEAMER
ROAD TO BLACKHAWK BOULEVARD.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That the Mayor and City Secretary be, and they are hereby, authorized and
directed to execute and attest, respectively, an amendment to that certain "Interagency
Agreement," by and between the City and Harris County, in substantially the same form as
attached hereto as Exhibit"A" and made part hereof for all purposes.
PASSED,APPROVED AND ADOPTED this Sth day of October,2009.
.H. mith
Mayor
ATTEST:
� F R�ENO
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e ris McKenzie,TRMC v o
City Secretary * *
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' Exhibit A
' , " (R2009-55)
AMENDMENT TO AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
Heretofore, Harris County, a body corporation and politic under the laws of the State of Texas ("the County")
and the City of Friendswood ("the City") entered into an Agreement ("the Agreement") for the design and construction
of a segment of El Dorado Boulevard from Friendswood Link Road to Blackhawk.
In partial furtherance of the Agreement, the City acquired right-of-way from Paul Kiessling ("the Owner"), who
owns the property ("the Property") at the Northeast corner of the intersection of Friendswood Link Road (now named
ar to be named El Dorado Boulevard and called "El Dorado" in this Amendment) and Blackhawk and paid to him the
sum of$10,000.00 as compensation for the purchase of 132 square feet of land and the cost of replacing his driveway
from the Easterly right-of-way line of El Dorado to his garage.
A dispute has arisen as to the amount of money required to replace the driveway, the identity of the party
responsible for doing so and the responsibility for the payment of additional funds.
The parties have resolved this dispute and a necessity has arisen, therefore, to amend the Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties
named herein, it is agreed that the Agreement referred to above is amended to include the following:
TERMS:
1. The County will remove the curb along El Dorado at the Easterly end of the Property in the width adequate
to accommodate a driveway to be constructed by the Owner between his existing garage and his Easterly property line.
The County shall construct a driveway entrance from the Northerly side of the street to the Northerly right-of-way line
of El Dorado.
2. The County will pay to the City the sum of$7,500.00 to be used by the City to compensate the Owner for
the design and reconstruction of his driveway.
.
3. The City will match the amount paid by the County and will pay to the Owner the sum of $15,000.00
thereby enabling him to design and reconstruct his driveway.
4. Upon receipt of the $15,000.00, the Owner shall design and construct a driveway from the Northerly right-of-
way line of El Dorado, along his Easterly property line (between his existing garage and his fence), into his back yard,
giving access to his garage on its Northerly side. The Owner shall install access doors on the Northerly side of his
garage.
5. Upon the payment of the $7,500.00 by the County to the City, the County shall be released and forever held
harmless of and from any further obligation to the City ar to the Owner for the impairment of access to or from the
Property and from any claim, suit or cause of action in which compensation is sought for damages of any nature
because of the removal, construction, re-construction, location, or operation of the driveway referred to herein.
6. Neither the City nor the County shall have any responsibility to the Owner or to any other person, firm or
corporation for the design or construction of the driveway from the right-of-way line of El Dorado onto the Owner's
property, the only responsibility of the City and the County being to pay to the Owner the $15,000.00 referred to
herein, the removal of the curb along a portion of El Dorado and the construction of a driveway entrance from El
Dorado to the Northerly right-or-way line of Eldorado.
7. In all other respects,the Agreement referred to herein and amended hereby remains unchanged.
HARRIS COUNTY PRECINCT ONE
,
/ `
BY• dateNOV 1 0 2�09 ✓"'
date: 10/06/09
Paul Kiessling
CITY OF FRIENDSWOOD ATTEST:
;
a
� , �
BI': date: l0/OS/09 BY:
Da ' J.H. Smith De ris McKenz' � C �
Mayor City Secretary v o
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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
NOV 1 0 2p09 , 2009, with the following members present:
Ed Emmett County Judge
EI Franco Lee Commissioner, Precinct No. 1
Sylvia R. Garcia Commissioner, Precinct No. 2
Steve Radack Commissioner, Precinct No. 3
Jerry Eversole Commissioner, Precinct No. 4
and the following members absent: ,
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING COMMISSIONER EL FRANCO LEE, PRECINCT ONE, TO
EXECUTE AN AMENDMENT TO AN AGREEMENT FOR THE DESIGN AND
CONSTRUCTION OF A SEGMENT OF EL DORADO BOULEVARD AND TO PAY
$7,500.00 TO THE CITY OF FRIENDSWOOD IN PERSUANCE OF THAT
AME�DMENT TO�REEMENT
Commissioner °introduced an order and made a motion that
the same be adopted. Comrrfissioner / 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 Ed Emmett �'" ❑ ❑
Comm. El Franco Lee �' ❑ �
Comm. Sylvia R. Garcia � ❑ ❑
Comm. Steve Radack � ❑ ❑
Comm. Jerry Eversole �' 0 ❑
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:
RECITALS:
1. Harris County has heretofore entered into an Interlocal Agreement with the City of
Friendswood regarding the construction of El Dorado Boulevard from Beamer Road to
Blackhawk that requires Harris County to make certain funds available for the design and
construction of El Dorado Boulevard.. -
Presented to Commissioner's Court
NOV 10 2009
l APPROVE
Recorded Vol Page
2. Disputes have arisen as to the amount of money required to replace a driveway on
property owned by Paul Kiessling, the identity of the party responsible for replacing that
driveway and the responsibility for the payment of additional funds needed to accomplish the
work.
3. The resolution of those disputes is contained in an Amendment to Agreement executd by
The City of Friendswood and Paul Kiessling, requiring approval of Harris County and the
expenditure of$7,500.00 recited in it. A copy of which that agreement is attached hereto as
Exhibit A.
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: Commissioner A1 Franco Lee, Precinct One is authorized to execute the
Amendment to Agreement referred to above and to pay of $7,500.00 to the City of
Friendswood as required by that Amendment.
2