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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
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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
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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.
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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
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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.
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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
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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
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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.
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