ORDINANCE reapproving, passing, confirming, validating, approving, and adopting Ordinance No. 2018-0364 (Approved by the City Council on Wednesday, May 2, 2018) which authorizes the transfer of $7,600,800.46 from the NETL Expansion-Swift Fund to the PWE-NETL Construction Fund and appropriated said sum out of PWE-NETL Construction Fund, appropriated $10,212,183.97 out of Water Authorities Capital Contribution-NETL Fund, appropriated $1,682,015.57 out of Water & Sewer System Consolidated Construction Fund, awarded contract to HARPER BROTHERS CONSTRUCTION, LLC for 108-Inch Water Line from Lee Road to Vickery Drive; and provided funding for testing services, CIP Cost Recovery, construction management, construction program management services, construction phase engineering services, and contingencies relating to construction of facilities financed by the PWE-NETL Construction Fund, Water Authorities Capital Contribution-NETL Fund, Water & Sewer System Consolidated Construction Fund, as more specifically denoted on Exhibit A hereto

SUBJECT: Correction of Caption approved by City Council on Wednesday, May 2, 2018 by Ordinance No. 2018-0364, associated with a Contract Award for 108-inch Water Line from Lee Road to Vickery Drive.

RECOMMENDATION: (SUMMARY) An ordinance reapproving, passing, confirming, validating, approving and adopting Ordinance No. 2018-0364 (Approved by City Council on Wednesday, May 2, 2018).

SPECIFIC EXPLANATION:  The Caption posted on the May 2, 2018 Agenda Item #35 referenced $10,491,161.09 out of Water Authorities Capital Contribution Fund NETL and $9,003,838.91 out of PWE-NETL Construction Fund, awarding a contract to Harper Brothers Construction, LLC, for the 108-inch water line from Lee Road to Vickery Drive. Pursuant to the Texas Open Meetings Act, the caption should have referenced an appropriation amount of $10,212,183.97 out of the Water Authorities Capital Contribution Fund-NETL, $7,600,800.46 out of PWE-NETL Construction Fund and $1,682,015.57 out of the Water and Sewer System Consolidated Construction Fund.

The ordinance presented for signature at the meeting convened on Wednesday, May 2, 2018, was lawful, authorized by and consistent with applicable laws, and became effective as of the date stated therein for the ordinance.  However, out of an abundance of caution and to avoid any need to defend the City in possibly protracted, though meritless, litigation to establish this principle, City Council should reapprove, pass, confirm, validate, approve and adopt the affected ordinance again.

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Carol Ellinger Haddock, P.E., Director

Houston Public Works

WBS Nos. S-000900-0156-3 and S-000900-0156-4

R. Jeff Masek, P.E., CCM

Assistant Director, Capital Projects