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Home My WebLink AboutResolution No. 93-20 RESOLiJTION NO. R93-20 A RESOLUTION OF THE CITY COU:vC_TL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING AND DIRECTTNG TNE MAYOR AI�`D TFiE CTTY SECRETARY TO �XECU^lL AND A'I"�EST, RESPECTIVELY, AN AGREEMENT BY A2d0 BETFVEEN SAZD CITY AND HARRIS CtJIJI1TY, TEX�LS, WHICH AGREEMENT PROVIDE� FOR SAID CITY i0 P.SSIST Id�O RZGHT-OF-WAY ACQUISITI02dS AND UTTLITY ADJUSTMENTS FOR TIiE CONSTRUCTION OF S!�'ROVEMENTS TO F.M. 528. * * * * �c BE IT RcSOLVED BY THE CITY COUNCIL OF THE Cl2Y OF rRIEh'OSWOOD, TEXAS: section 1. That the Mayor a.a�i City Secxetary nf the City of Friendswood, Texas, be, and they are herehy, authorized and directe� to execute and attest, respectively, for and on behalf of said City, an Agreement by and between said City and Harris County, z�exas, which Agreement provides that the City will assist t:.he Count� in tbe acqui�ition of rights-of-way and utility adjustments in order for the Cvunty to construct inprovements to F.M. 528 from Clear Creek to Interstate 45. A copy of said Aqreement is attached hereto and made a part hereof fr,r all purposes. PASSED, APPROVED, A2v'D RESOLVEO this 19th day op April � 1993 . �. Evelyn . Yewm�n Mayor ATTEST: C � ' Deloris McKen e, C City Secretary _ � - d: \k.528a A G R E E M E N T 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, " the City of Friendswood, a city under the laws of the State of Texas, hereinafter called "Friendswooa", the City of League City, a city under the laws of the State of Texas, hereinafter called "League City" and the City of Webster, a city under the laws of the State of Texas, hereinafter called "Webster" ; W I T N E S S E T H: WHEREAS, it is in the common interest of the Friendswood, League City and Webster, hereinafter sometimes collectively called the "Cities" , and the County that the Texas Department of Transportation, hereinafter called "TxDOT" , construct improvements to F.M. 528 from the Clear Creek (the "County Line") to I-45, hereinafter called the "Project"; and WHEREAS, TxDOT has requested that the County and the Cities acquire right-of-way and make eligible utility adjustments needed by TxDOT for Project; and WHEREAS, the County has available $500, 000. 00 for right-of-way acquisitions and utility adjustments for the Project; and WHEREAS, each of the Cities is willing to to accomplish the right-of- way acquisitions and utility adjustments for the Project which are within its respective corporate limits, if the County, after accomplishing the right-of-way acquisitions and utility adjustments for the Project which are within the County but outside the corporate limits of the Cities, will distribute the balance of said $500, 000. 00 available to the County among the Cities in the manner described herein as partial reimbursement for expenditures; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: I. Upon designation by TxDOT of necessary right-of-way and eligible utility adjustments for the _ Project, each of the Cities shall undertake to accomplish the right-of-way acquisitions and eligible utility adjustments for the Project which are within its respective corporate limits, and the County shall undertake to accomplish the right-of-way acquisitions and eligible utility adjustments for the Project which are within the County but outside the corporate limits of the Cities. Acquisition of right-of-way may be by purchase, gift, donation or exercise of the power of eminent domain. Such right-of- way shall be acquired in the name of and title shall vest in such manner as requested by TxDOT. If any party hereto is unable or fails to accomplish the required right-of-way acquisitions and utility adjustments, the other parties sole remedy will be to terminate this agreement, and upon such termination, all parties hereto shall be relieved of all obligations hereunder. II. Upon accomplishment of all right-of-way acquisitions and utility adjustments as are necessary for the Project, each of the Cities shall present to the County such documentation as the County may request to verify its right-of-way acquisitions and utility adjustments for the Project, including the amount of acreage acquired by it for the Project. The County shall undertake its own accounting. The County shall determine the amount of such acreage acquired by each City for the Project and the total amount expended by the County for right-of- way acquisitions and utility adjustments for the Project. The County's determination of such amounts shall be conclusive. It is understood and agreed, that any acreage acquired by any of the Cities which was not specifically designated by TxDOT as necessary for the Project shall not be considered acreage acquired for the Project. If the County should determine that its total expenditures for right-of- way acquisitions and utility adjustments for the Project were less than $500, 000. 00, the County shall distribute the difference between the amount of said expenditures by the County and $500, 000.00, hereinafter called the "Balance" , to the Cities as follows. Each of the Cities shall receive that proportion of the Balance which is equal to the ratio of the amount of acreage acquired for the Project by such City to the total amount of acreage acquired for the Project by all three Cities. III. It is expressly understood and agreed that County has available the maximum sum of $500, 000. 00 to satisfy its obligations under this Agreement and the County shall not be obligated to expend more than the maximum sum. IV. No party hereto shall make, in whole or in part, any assignment of this agreement or any obligation hereunder without the prior written consent of the other parties hereto. 2 V. 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, in duplicate counterparts, each having equal force and effect of an original, has been executed on behalf of the parties hereto as follows, to-wit: a. It has on the ( �-f� day of �' Y;.�„�. - , 1993 , been executed on behalf of the County by -he County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County authorizing such execution. b. It has on the ��ay of �, 1993 , been executed on behalf of F i dswood by its Mayor pursuant to an ordinance of its City Council authorizing such execution. c. It has on the o�1-�"'" day of �[�� , 1993, been executed on behalf of League ty by its Mayor pursuant to an ordinance of its City Council authorizing such execution. A d. It has on the ��day of , 1993 , been executed on behalf of W ster by its Mayor pursuant to an ordinance of its City Council authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY MIKE DRISCOLL County Attorney By �� _ �. � By . I50N C. WHITLEY JO LIN SAY, Count Jud e g Assistant County Attorney ATTEST CITY OF FRIENDSWOOD BY � � ''�/ BY /�- -�?c�J`>Jt-� C t secretar Mayor 3 ATTEST CITY OF LEAGUE CITY . BY . � By Cit __secretary yor ATTEST CITY OF WEBSTER ... �c BY By City se etary Mayor AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $500, 000. 00 to accomplish and pay the obligations of Harris County herein. � l .�-- Tommy J. pkin , County Auditor �" 4 ORDER AUTHORIZING EXECUTION OF AGREEMENT BY AND BETWEEN HARRIS COUNTY AND THE CITIES OF FRIENDSWOOD, LEAGUE CITY AND WEBSTER FOR THE ACQUZSITION OF RIGHT—OF—WAY FOR IMPROVEMENTS TO F.M. 528 FROM CLEAR CREEK (THE "COUNTY LINE") TO I-45 THE STATE OF TEXAS § � COUNTY OF HARRIS § On this the L�j�' day of � t � �, , 1993, the Commissioners Court of Harris County, Texas, sitting as the governing body of Harris County, upon motion of Commissioner � � ; �;% �-�-- , seconded by Commissioner /��,�:, , duly put and carried, IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby authorized to execute for and on behalf of Harris County, an Agreement by and between Harris County and the Cities of Friendswood, League City and Webster for the acquisition of right-of-way needed by the Texas Department of Transportation for the improvement of F.M. 528 from Clear Creek (the "County Line") to I-45, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. pF�:�� .� �p9�� !, {� 6f0i'S��lY0.� � .a .4�€�4�y:�� +��te ��... ��°��_�- ':� �g�� '�_ �,urc�:. � � F:=�