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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. * * * * * 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 . � �O S� ' O e ris McKenzie,TRMC v o City Secretary * * � � �4TF OF '��� ' 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 * � tA �4rF OF T��P� 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