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HomeMy WebLinkAbout080805R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, AUGUST 8, 2005 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. The City Council convened in Regular and Special Session in the Municipal Building (3800 University Blvd.) on August 8, 2005, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Woods and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, City Planner, Fire Chief, Finance Director and Assistant to the City Manager were also present. Council Member Segal was absent. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 4 day of August 2005 at 5:55 p.m. Special Session Quiet Zone. Matters related to the quiet zone including an Interlocal Agreement between the City of Houston, Bellaire and West University Place, Ordinance No. 1807 and Resolution No. 2005-06. Mayor Ballanfant read the caption of Ordinance No. 1807 as follows: An ordinance amending the budget of the City of West University Place, Texas for the fiscal year beginning January 1, 2005 and ending December 31, 2005; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1807, in the form proposed for adoption, were available in the Municipal Building. Mayor Ballanfant read the caption of Resolution No. 2005-06 as follows: A resolution approving and authorizing a three-city interlocal agreement; and containing findings and provisions relating to the subject. Council Member Pam Holm and Gary Schatz, Managing Engineer, from the City of Houston were present at the meeting. Bernie Satterwhite, City Manager from the City of Bellaire, was also present at the meeting. City Council Regular Session, August 8, 2005 City Manager Michael Ross commented that at the July 25 meeting, the West University City Council expressed concerns regarding the initial lump sum payment, liability exposure, and termination language in the draft interlocal (dated 7-20-05). Council requested staff to seek revisions, especially to assure that the West University Place and Bellaire payments would not be lost if Houston were to unilaterally terminate the agreement in the early years. The City Attorney prepared a revised draft interlocal (dated 7-29-05) and circulated it. The 7-29-05 draft interlocal was offered in the spirit of compromise to accommodate the goals of all three cities. The 7-29-05 draft interlocal maintains the $63,000 lump-sum payments from the cities of Bellaire and West University Place, but added language to require a refund if Houston were to unilaterally terminate the agreement before a certain period of time. The amount of the refund would depend upon the date of termination, declining to zero (on a ?straight line? basis) over a twenty-year period. For example, if Houston chose to terminate the agreement after 5 years, the City would refund approximately $47, 250 or $3,150 per year. On August 1, the Bellaire council unanimously approved the 7-20-05 draft interlocal and granted the Bellaire City Manager some limited discretion to approve changes. Houston indicated that some aspects of the proposed 7-29-05 draft could be acceptable, and negotiations resumed. The following features are common to all the drafts: (1) The agreement would be indefinite in length?it would run until one city council decides to terminate and gives 120 days? advance notice of termination to the other cities, as of an anniversary date of the agreement; and (2) The agreement would require the Cities of Bellaire and West University Place to pay a lump sum payment of $63,000 each to Houston prior to FRA approval of the quiet zone. This will allow the City of Houston to begin work immediately under the current bids and not delay the construction if they had to re-bid the project. The City of Houston?s representatives have indicated a high level of confidence that the FRA will approve the quiet zone; but there is no assurance this will occur. Houston estimates that they have already spent about $21,500 in consulting fees for engineering, surveying and preparation of the drawings, as well as, approximately 1,000 hours of staff time over the past two years. The 2005 Budget appropriated $25,000 for this project. To make up the difference, staff proposes that Council amend the budget to transfer $38,000 (out of $75,000) from the amount budgeted for the street light capital improvement. This transfer will not affect the current Town Center light project scheduled for 2005. City Attorney Jim Dougherty commented that the Houston draft of the Interlocal Agreement has a ?loophole? that could allow Houston to leave the City of West University Place and Bellaire partially uncovered by the contractor?s insurance, which would cause the cities to defend claims and, possibly pay losses, that Houston would not 2 City Council Regular Session, August 8, 2005 face. Mayor Ballanfant asked if the insurance could be worked into the contract. Mr. Schatz stated that since the contract was not bid with the insurance provision, the insurance would be the first change order to the contract. He stated that the cost would be approximately $90 to each city to add them as co-insured. Mr. Ross presented a revised version of the Interlocal Agreement dated August 8, 2005. The changes are indicated in the attached exhibit. After discussion of this item, Mayor Ballanfant called for a motion. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to approve Ordinance No. 1807 amending the 2005 Budget on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle Voting Nay: None Absent: Council Member Segal A motion was made by Council Member Yehle, seconded by Council Member Woods, to approve Resolution No. 2005-06 approving the draft Interlocal Agreement dated August 8, 2005 and authorize the City Manager to take any additional actions necessary to implement this action and the intent of the City Council. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle Voting Nay: None Absent: Council Member Segal Formal Session (in the Council Chambers) Citizen Comments. No citizens wished to address the City Council at this time. Refunding Bonds. Matters related to refunding bonds including Ordinance No. 1806. Mayor Ballanfant read the caption of Ordinance No. 1806 as follows: 3 City Council Regular Session, August 8, 2005 An ordinance authorizing the issuance of City of West University Place, Texas, waterworks and sewer system revenue refunding bonds, series 2005; authorizing the redemption prior to maturity of certain outstanding bonds; authorizing the advance refunding of certain outstanding bonds and the execution and delivery of an escrow agreement and the subscription for and purchase of certain escrowed securities. Copies of Ordinance No. 1806, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that on July 11, 2005, the City Council authorized staff to refund the City?s 1996-A?s and 1998-A?s outstanding revenue bonds. Based upon the recommendation of the City?s financial advisor, the City will issue approximately $8.2 million in new revenue refunding bonds, which allows the City to recall outstanding bonds and/or be placed in escrow to defease future debt service payments. Overall, refunding the bonds will strengthen the City?s bond rating, remove restrictions on $2.4 million in City reserves by issuing a reserve surety policy, and reduce debt service payments over the next 17 years by approximately $100,000-150,000. Frank McCreary, Bond Counsel from Vinson & Elkins, was present at the meeting. Ryan O?Hara, the City?s Financial Advisor from RBC Dain Rauscher was also present at the meeting. Mr. O?Hara submitted a report of the bond sale results. He stated that the savings for refunding the bonds is $203,683. A motion was made by Council Member Woods, seconded by Council Member Cohen to adopt Ordinance 1806 on the first and final reading and to authorize the City Manager to take any additional actions necessary to implement this action and the intent of the City Council. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle Voting Nay: None Absent: Council Member Segal Infrastructure work in Priority Areas 9, 10, and 11B. Matters related to infrastructure work in Priority Areas 9, 10 and 11B including related contracts, agreements, surety bonds, completion, phasing, planning, etc. th Mr. Ross reported that the City is on schedule for an August 16 date for submittal of proposals for the replacement contract that the bonding company will administer and the st Staff hopes by September 1 the notice to proceed will be issued to the new contractor. 4 City Council Regular Session, August 8, 2005 City Council minutes. Matters related to the minutes of the Regular and Workshop Session conducted on July 25, 2005. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to approve the minutes of the meetings conducted July 25 2005 as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen and Yehle Voting Nay: None Absent: Council Member Segal Abstain: Council Member Woods Intergovernmental & Infrastructure Issues; Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, Interlocal Agreements with the City of Southside Place, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and coalition, City owned properties, potential purchase of property, City Center project, streetlights, railroad quiet zones and task force, board and commission liaison reports and related matters. This may include report(s) from staff and reports and directives to staff from Council Members. Mr. Ross reported that he was trying to schedule a joint meeting with the City of Bellaire and Southside Place. He stated that he was hoping to invite Senator Janek and State Representative Martha Wong. Mayor Ballanfant asked about the status of the fire in the 2600 block of Werlein. City Planner Nes Tesno reported that the Staff was working with the attorneys to resolve the issue. 3936 Marlowe Street; Weslayan Street. Matters related to 3936 Marlowe Street (Peden property) and Weslayan Street (from Bissonnet Street to Bellaire Boulevard), including easement or right-of-way matters, house under construction, legal defense, permits, administrative proceedings, pending or contemplated litigation or a settlement offer, and purchase, exchange, lease or value of real property and related issues. 5 City Council Regular Session, August 8, 2005 Present at the meeting were Mayor Ballanfant, Council Members Cohen, Woods and Yehle. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to allow City Attorney Jim Dougherty, City Manager Michael Ross, City Secretary Kaylynn Holloway, Assistant City Manager/Public Works Director Ron Wicker and City Planner Nes Tesno to attend the Executive Session because their presence is necessary for the Council?s consideration of the issues. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle Voting Nay: None Absent: Council Member Segal At this point in the meeting, the Mayor publicly announced that a closed, executive session would be held and identified the section of the Open Meetings Law under which the meeting would be held. Closed Executive Session to be held under Sections 551.071 and 551.072, Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 6:50 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 7:00 p.m. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Cohen, seconded by Council Member Woods, to adjourn. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle Voting Nay: None Absent: Council Member Segal The Council meeting adjourned at 7:02 p.m. 6 City Council Regular Session, August 8, 2005 INTERLOCAL AGREEMENT (Exhibit) THIS INTERLOCAL AGREEMENT RELATING TO THE ESTABLISHMENT OF A QUIET ZONE ALONG THE UNION PACIFIC RAIL LINECITY OF (?Agreement?) is made on the Countersignature Date between the HOUSTON, TEXAS CITY OF BELLAIRE, (?Houston?), a municipal corporation, the TEXAS CITY OF WEST UNIVERSITY (?Bellaire?), a municipal corporation, and the PLACE, TEXAS (West University Place?), a municipal corporation, hereinafter collectively referred to as the ?Parties?. RECITALS 1. The Federal Railroad Administration (?FRA?) published the Final Rule Use of Locomotive Horns at Highway-Rail Grade Crossings regarding in the Federal Register on April 27, 2005 at 49 CFR Part 222 (?Final Rule?). 2. Under the Final Rule, the FRA is authorized to review and approve ?Quiet Zones? which is defined at 49 CFR Part 222.9 to mean a segment of a rail line within which is situated a number of consecutive public highway-rail crossings as which locomotive horns are not routinely sounded, based on the fundamental principle that the level of safety at the crossings will be the same or better. 3. The Parties desire to establish a Quiet Zone along the Union Pacific Rail Line from the private crossing serving a CenterPoint Energy substation immediately north of San Felipe Street on the North in Houston, through West University Place and Bellaire to Willowbend Boulevard in Houston on the South (?Project?). . 4Based on engineering studies, the Parties believe that the installation of certain traffic control devices and geometric street features (?Improvements?) along the roadways approaching the Union Pacific rail line will qualify the Project for a Quiet Zone designation by FRA. 5. It will be necessary for the Parties to enter into an interlocal agreement for rights of entry, funding, installation, construction, modification and maintenance of the Improvements required for a Quiet Zone designation. . 6The parties desire to share the cost of the installation and necessary modifications associated with the Improvements. 7. The parties desire for Houston to design the Improvements, take bids and enter into agreements for installation of the Improvements, manage the installation of the Improvements and thereafter maintain, operate, repair and replace the Improvements. 7 City Council Regular Session, August 8, 2005 8. The date this Agreement is executed by all parties is the ?Countersignature Date? provided by the Controller of the City of Houston. 9. The parties have found and determined that the purposes of this Agreement are street construction and design, regulation of traffic, transportation systems, engineering functions and maintenance of traffic signs. NOW, THEREFORE , the Parties agree as follows: AGREEMENT ARTICLE 1. Term of Agreement This Agreement becomes effective on the Countersignature Date and remains in effect for a minimum of one year from the Countersignature Date (?Initial Term?). The term of this Agreement will automatically renew for 29 successive one-year terms unless a Party?s governing body adopts a motion, resolution or ordinance to terminate this Agreement and notifies the other Parties that the term should not renew, at least 120 days before the end of the Initial Term or any successive one year term, in which case the term ends at the end of the then-current one-year term. Termination is subject to the other provisions of this Agreement; see, for example, Articles 11 and 18 ARTICLE 2. Project Houston is in the process of applying to the FRA for a Quiet Zone designation for the Project. Houston shall assume the role of Public Authority for the Project as defined in the Final Rule, and shall prepare plans, solicit bids and enter into one or more contracts to install, maintain, operate, repair and replace the Improvements. Houston shall also be responsible for the periodic development and submission to FRA of documents required to sustain the approved Quiet Zone designation. The effective date of the FRA?s approval is referred to in this Agreement as the ?Start Date.? This Agreement is not intended to and shall not create a partnership, joint venture or joint enterprise among the Parties. It is understood and agreed by the Parties that the personnel of one Party shall not be considered employees, agents, partners, joint venturers, or servants of any other Party to this Agreement. The Parties are undertaking governmental functions or services under this Agreement and the purpose hereof is solely to further the public good, rather than any pecuniary purpose. The Party undertaking work under this Agreement shall control the direction, details and management of such work and the responsibility for day-to-day management and control of such work. 8 City Council Regular Session, August 8, 2005 ARTICLE 3. Project Funding Within thirty days of Countersignature Date (or sooner; see Article 11), West University Place and Bellaire shall each pay to Houston $63,000. Within 30 days following the date that the initial construction contract is entered into, Houston will calculate the following: 0.33 X 1.05 X (the contract price for the initial construction contract) If this sum is less than $63,000, Houston will refund the difference to each other Party within that 30-day period. Each payment by West University and Bellaire is a one-time, lump-sum payment that has been agreed-upon to compensate Houston not only for the design and implementation of the Improvements, but also for ongoing maintenance, operations, repair and replacement of the Project as an integrated system. Houston agrees,subject to Article 18, to appropriate and encumber funds for the Improvements plus contingencies. Houston shall retain funds for potential refunds, if any, as indicated in this Article and Article 11, until after the fifth anniversary of the Start Date (if required by Article 11). The obligation of Houston for implementing the Improvements is conditioned upon the receipt of the share of funds from each Party as specified in this Agreement, subject to Article 18 . Houston?s obligation may end if there is no funding from the other Parties by the time specified in this Agreement, subject to Article 18 The financial obligation of the Parties hereto is subject to approval and funding of the Improvements by the respective city councils and financial officers of each Party, subject to Article 18. ARTICLE 4. Drawings and Specifications Houston has obtained engineered drawings and specifications for the installation of the Improvements in accordance with the usual custom and practices (?Drawings and Specifications?) and will provide or obtain other engineering services in connection with the Improvements. The Drawings and Specifications will be modified, if necessary, to meet FRA requirements for the Quiet Zone designation. ARTICLE 5. Advertisement for Bids and Award Houston has advertised the Improvements for bids in accordance with the bid laws applicable to Houston. Upon tabulations of bids for the Improvements, Houston will determine the lowest responsible bid for the installation of the Improvements. 9 City Council Regular Session, August 8, 2005 Houston may reject all bids. In such event, Houston, in its discretion, may either readvertise for bids or terminate this Agreement as provided in Article 11. Houston's determination of the lowest responsible bid for the Improvements is final. ARTICLE 6. Installation, Operation, Maintenance and Replacement of Improvements (a) Houston will administer each contract and supervise the installation of the Improvements. (b) Houston shall make appropriate arrangements for operating, maintaining, repairing and replacing the Improvements for the Quiet Zone as an integrated system. Houston, subject to the availability of funds, will bear the cost of this work, it being understood that the initial payments from Bellaire and West University have been negotiated to compensate Houston for bearing such costs. ARTICLE 7. Bonds Houston will require each contractor to submit a good and sufficient statutory payment and performance bond in amount no less than the cost of the work, conditioned upon the contractor's full and timely performance of the contract and payment of all subcontractors. The bonds must be issued in a form approved by the City Attorney of Houston or his designee. ARTICLE 8. Insurance Houston will require that each contractor have insurance and that each contractor?s insurance policies (i) name all Parties as additional insureds ( with coverage ), with the exception of Workers? for both ongoing operations and completed operations* Compensation, and (ii) include a waiver of subrogation in favor of each Party. All insurance policies will be obtained from insurance companies licensed to do business in Texas and will include at least the following minimum coverages: (Coverage) (Limit of Liability) Workers' Compensation Statutory for Workers' Compensation. Employer's Liability Bodily Injury by accident $1,000,000 (each accident) Bodily Injury by Disease $1,000,000 (policy limit) 10 City Council Regular Session, August 8, 2005 Bodily Injury by Disease $1,000,000 (each employee) Comprehensive General: Bodily Injury and Property Including Broad Form Damage, Combined Limits of Coverage, Contractual $1,000,000 each Occurrence Liability, Bodily and $2,000,000 aggregate and Personal Injury, (?with? a per project endorsement*) and Completed Operations Automobile Liability Insurance $1,000,000.00 combined single limit (for automobiles used by the per occurrence Contractor in the course of its performance under this Agreement, including Employer's Non-Ownership and Hired Auto Coverage) Houston may require insurance in excess of the amounts for coverages set out above, as it deems necessary; and, in such case, each Party will remain as an additional insured. Houston will obtain and provide proof of insurance to all Parties. * Houston will require its contractor to obtain coverage for both on-going operations and completed operations and Commercial General Insurance with a ?per project? endorsement, for all Parties, provided that such coverage is available and the costs do not exceed the funds available for the project. ARTICLE 9. Changes to Drawings and Specifications Houston may make changes and amendments to the Drawings and Specifications within the general scope of the approved Improvements, as its Project Liaison deems necessary or desirable during installation of the Improvements, so long as the original scope and intent of the Improvements is unchanged. ARTICLE 10. Application to FRA and Designation of Quiet Zone Houston shall prepare and submit all documentation required to obtain a Quiet Zone designation from FRA. Houston shall give all the notices required by the Final Rule. Where required or requested by Houston, Bellaire and West University Place shall provide reasonable and timely support to expeditiously further the Quiet Zone designation process. Provided Houston has sufficient funds for the Project, and subject to Article 18, Houston shall proceed with installation of the Improvements. Should Houston choose to 11 City Council Regular Session, August 8, 2005 expedite the Project by advertising, awarding and commencing installation of the Improvements before receiving approval by FRA, all aspects of the Agreement shall remain in effect. Houston shall prepare and deliver to FRA drawings showing the Improvements as installed with copies to West University Place and Bellaire. This documentation shall be part of the Notice of Quiet Zone Establishment as required by FRA. If during continued operation issues are noted that require modification of the Improvements to ensure the continued efficacy of the Improvements, such modifications shall be documented and submitted to Bellaire, West University Place and all parties as required by FRA. In the event federal law authorizing the establishment of Quiet Zones is amended, repealed or declared invalid by a court of competent jurisdiction and such amendment, repeal or court order results in the termination of the Quiet Zone designation for the Project, this Agreement shall terminate and Houston shall have no further liability for the Project, nor any obligation to refund any part of Bellaire?s and West University Place?s payments. ARTICLE 11. Termination (a) . Any party?s governing body may adopt a motion, Before initial contract resolution or ordinance terminating this Agreement at any time prior to Houston entering into the initial contract to install the Improvements. Upon such a termination of this Agreement, Houston will refund, within 60 days from the date of termination of this Agreement, all of the project funding paid by Bellaire and West University Place. (b) . After Houston enters into the initial contract to install After initial contract the Improvements, Article 1 and the following govern termination: (1) If Houston gives notice of termination before the installation of the Improvements is completed, all of the project funding paid by Bellaire and West University Place shall be returned to each city within 60 days from the date of the notice. (2) If Bellaire or West University Place gives notice of termination before installation of the Improvements is completed, no refund shall be due to either Bellaire or West University Place. (3). If Houston gives notice of termination of this Agreement after the installation of the Improvements is completed, but before the fifth anniversary of the Start Date, Houston will within 60 days refund the unamortized part of Bellaire?s and West University Place?s initial payments (adjusted by any refund that may have been made under Article 3). For this purpose, the initial payment is amortized over five years beginning on the Start Date, using the straight-line method. 12 City Council Regular Session, August 8, 2005 : If a Party?s initial payment is $63,000, and if Houston gives Example notice of termination on the third anniversary of the Start Date, the unamortized portion would be 40%, and the refund would be $25,200 (40% of $ $63,000). If Bellaire or West University Place gives notice of termination of this Agreement after the installation of the Improvements is completed but before the fifth anniversary of the Start Date, no refund shall be due to either of them (c) . In the event any Party terminates this Agreement, Withdrawal of Quiet Zone Houston may, under the authority granted by the Final Rule, withdraw the Quiet Zone status. Should any Party desire the Quiet Zone to continue to exist within its jurisdiction, if applicable, that Party must make application to FRA to establish a Quiet Zone through processes defined in the Final Rule. ARTICLE 12. Inspections or Audits Any Party or its authorized representative may review and audit all books, records, vouchers and documents of whatever nature related to Houston's performance under this Agreement during the period of performance of this Agreement and for three years thereafter or for so long as there exists any dispute or litigation arising from the Agreement. ARTICLE 13. Right-of-Entry West University Place and Bellaire, hereby grant Houston a right-of-entry to allow Houston and its contractors, agents and employees to enter into and upon West University Place and Bellaire streets and public places and to bring workers, materials, equipment and supplies onto the Right of Way for the purposes of installing, constructing, modifying or maintaining the Improvements and providing ingress and egress to the site of the Improvements being installed, constructed, modified or maintained. The Parties agree, understand and confirm that this Agreement grants no real property interest whatsoever in West University Place and Bellaire street right of way or other public places and is intended merely as a convenience for Houston to expedite installation, construction, modification or maintenance of the Improvements. Any changes to streets or public places under the control of West University Place or Bellaire must be submitted for review and approval by the appropriate city officials, and contractors must obtain all applicable permits from Bellaire or West University Place. Bellaire and West University Place agree to waive, pay or bear any related permit fees, so that neither Houston nor its contractors will be required to pay them. ARTICLE 14. Notices 13 City Council Regular Session, August 8, 2005 All notices required or permitted under this Agreement must be in writing and are deemed delivered when actually received or, if earlier, on the third business day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below or at the other address as the receiving party may have theretofore prescribed by notice to the sending party. Address for notice must be as follows: Bellaire: City of Bellaire ___________________________ ___________________________ Attention: ___________________ West University Place City of West University Place ________________________________ ________________________________ Attention________________________ City City of Houston _________________________________ _________________________________ Attention: Director of Public Works ARTICLE 15. Project Liaisons The chief executive officer of Bellaire and West University Place and the Director of Public Works of Houston will designate a Project Liaison for the Party from time to time. The initial Project Liaisons are as follows: For Houston: For Bellaire: For West University Place: ARTICLE 16. Assignment; Parties Benefited No Party to this Agreement shall make, in whole or in part, or in law or otherwise any assignment of this Agreement or any obligation hereunder without the prior written consent of the other Parties hereto. This Agreement shall bind and benefit the Parties only. It shall not confer any rights or benefits upon any non-party, nor may any non-party enforce this Agreement or sue for any damages under this Agreement. 14 City Council Regular Session, August 8, 2005 ARTICLE 17. Entire Agreement This instrument contains the entire agreement between the Parties relating to the rights in this Agreement granted and the obligations assumed in this Agreement. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by all Parties to the Agreement. ARTICLE 18. Current Revenues Each Party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues available to the paying Party. In the event Houston determines that there are not sufficient current revenues available for Houston to perform its duties under this Agreement, Houston may terminate as provided in this Agreement 11. Houston may not cease performing without terminating as provided in this Agreement. ATTEST/SEAL: CITY OF BELLAIRE, TEXAS Signed by: ____________________________ _________________________ City Clerk Mayor APPROVED AS TO FORM: ________________________ City Attorney I certify that this obligation complies with a budget appropriation and that there is or will be the sum of $63,000 in unencumbered money in Budget Account No. ______________ to meet the obligation when it is due. _______________________________, Finance Director of the City of Bellaire 15 City Council Regular Session, August 8, 2005 ATTEST/SEAL: CITY OF WEST UNIVERSITY PLACE, TEXAS Signed by: ____________________________ _________________________ City Secretary Mayor I certify that this obligation complies with a budget appropriation and that there is or will be the sum of $63,000 in unencumbered money in Budget Account No. ______________ to meet the obligation when it is due. _______________________________, Finance Director of the City of West University Place 16 City Council Regular Session, August 8, 2005 ATTEST/SEAL: CITY OF HOUSTON, TEXAS Signed by: ____________________________ _________________________ City Secretary Mayor APPROVED: COUNTERSIGNED BY: _____________________________ _____________________________________ Director City Controller APPROVED AS TO FORM: DATE COUNTERSIGNED: ________________________ _________________________ Assistant City Attorney L.D. File No. 17