Ordinance No. 15,719 ORDINANCE NO. 15,719
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO
THE MUNICIPAL MAINTENANCE AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes and directs the
City Manager to execute Amendment No. 3 to the Municipal Maintenance Agreement with the Texas
Department of Transportation. A copy of said agreement is attached hereto as Exhibit "A," and
incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 8th day of February, 2024.
L URA ALVARADO, Mayor Pro Tem
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APPROVED S FORM:
SCOTT L D, City Attorney
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EXHIBIT "A"
MMA Amendment
Page 1 of 4
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
MUNICIPAL MAINTENANCE AGREEMENT
AMENDMENT # 3
THIS AMENDMENT is made by and between the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the "State" and the City of
Baytown hereinafter called the "City", acting by and through its duly authorized officers.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways in the
City of pursuant to Transportation Code, Section 201.103; and
WHEREAS, the State and the City executed a Municipal Maintenance Agreement on
April 4, 1968; and amended on May 28, 1981 and on November 13, 2012 (collectively
"the contract")and
WHEREAS, it has become necessary to amend that contract;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
AMENDMENT
ARTICLE 1. EFFECTIVE DATE
This amendment becomes effective on final execution by the State. The State and the
City will consider it to be in full force and effect until the improvements described herein
have been completed and accepted by all parties or unless terminated, as hereinafter
provided.
ARTICLE 2. TERMINATION
This amendment may be terminated by one of the following conditions:
1) By mutual agreement of both parties;
2) By the State giving written notice to the City as consequence of failure by the City or
its contractor to satisfactorily perform the services and obligations set forth in this
amendment, with proper allowances being made for circumstances beyond the control of
the City or its contractor. The State's written notice to the City shall describe the default
and the proposed termination date. If the City cures the default before the proposed
termination date, the proposed termination is ineffective; or
3) By either party upon thirty (30) days written notice to the other.
Termination of this amendment shall not serve to terminate the underlying Municipal
Maintenance Agreement between the State and the City.
MMA Amendment
Page 2 of 4
ARTICLE 3. COMPENSATION
No compensation shall be paid for this amendment.
ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City will use labor and supervisory personnel employed directly by the City or its
contractor and use City owned or contractor owned machinery, equipment, and vehicles
necessary for the work. In the event that the City or its contractor does not have the
machinery, equipment and vehicles necessary to perform the work, the machinery,
equipment, and vehicles may be rented or leased as necessary.
B. No reimbursement shall be paid for any materials supplied by the City or its contractor.
C. Any adjustment, replacement or reinstallation due to reconstruction or alteration of
the highway shall be performed by the City at the City's expense. The State will work with
the City to provide adequate notice of any planned work to allow for the necessary
modification or removal.
D. All installation or maintenance work performed by the City or its contractor requiring
traffic control shall be performed in accordance with the Texas Manual on Uniform Traffic
Control Devices.
ARTICLE 5. INSPECTION OF WORK
A. The State reserves the right to inspect, approve, or request modification of any
installation under this agreement both prior to and after installation. No installation may
occur until the State has approved the proposed installation.
B. The State will promptly notify the City or its contractor of any failure of materials,
equipment or installation methods and the City or its contractor will take such measures
necessary to obtain acceptable materials, equipment, and installation procedures without
delay.
ARTICLE 6. RESPONSIBILITIES OF THE PARTIES
The parties agree that neither party is an agent, servant, or employee of the other party
and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives and agents.
The City is responsible for any damage that may occur to state equipment during the
installation of the improvements.
ARTICLE 7. REMEDIES
Violation or breach of contract terms by the City shall be grounds for termination of the
amendment, and any increased cost arising from the City default, breach of contract or
violation of terms shall be paid for by the City. This amendment shall not be considered
as specifying the exclusive remedy for default, but all remedies existing at law and in
equity may be availed of by either party and shall be cumulative.
ARTICLE 8. INSURANCE
Before beginning work, the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of
Insurance for all persons and entities working on State right of way. This coverage shall
MMA Amendment
Page 3 of 4
be maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately.
ARTICLE 9. SUCCESSORS AND ASSIGNS
The City shall not assign or otherwise transfer its rights or obligations under this
amendment except with the prior written consent of the State.
ARTICLE 10. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this amendment shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
ARTICLE 11. NOTICES
All notices to either party by the other required under this amendment shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at
the following respective addresses:
City: State:
City Manager Director of Maintenance Division
City of Baytown Texas Department of Transportation
2401 Market Street 6230 East Stassney Lane
Baytown, Texas 77520 Austin, Texas 78744
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party hereto may change the above address by
sending written notice of such change to the other in the manner provided herein.
ARTICLE 12. GOVERNING LAWS AND VENUE
This amendment shall be construed under and in accordance with the laws of the State
of Texas. Any legal actions regarding the parties' obligations under this agreement must
be filed in Travis County, Texas.
MMA Amendment
Page 4 of 4
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of
this agreement.
The CITY OF Date
Executed on behalf of the City by:
Typed or Printed Name and Title
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the Texas
Transportation Commission.
By Date
District Engineer
® Form 1038
(Rev.08/23)
Page 1 of 9
Texas
Department
o17Fensportatton
MUNICIPAL MAINTENANCE AGREEMENT
This Municipal Maintenance Agreement ("Agreement") is made this day of
2024 , by and between the State of Texas through the
Texas Department of Transportation ("State"), and the City of Baytown
(population 83701 , 2020, latest Federal Census) acting by and through its duly
authorized officers ("City").
RECITALS
A. Chapter 311 of the Transportation Code gives the City exclusive dominion,
control, and jurisdiction over and under the public streets within its corporate limits and
authorizes the City to enter agreements with the State to fix responsibilities for maintenance,
control, supervision, and regulation of State highways within and through its corporate limits;
and
B. Section 221.002 of the Transportation Code authorizes the State, at its
discretion, to enter agreements with cities to fix responsibilities for maintenance, control,
supervision, and regulation of State highways within and through the corporate limits of such
cities; and
C. The Executive Director, acting for and on behalf of the Texas Transportation
Commission, has made it known to the City that the State will assist the City in the maintenance
and operation of State highways within the City, conditioned that the City will enter into
agreements with the State for the purpose of determining the respective responsibilities of the
parties; and
D. The City has requested the State to assist in the maintenance and operation of
State highways within the City as described herein. The Municipal Ordinance or Resolution
authorizing the undersigned City Official to execute this Agreement on behalf of the City is
attached as Exhibit C.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, it is agreed as follows:
ARTICLE I. COVERAGE
1. State assumption of maintenance and operations described in this Agreement shall be
effective on the date of execution of this agreement by the Texas Department of
Transportation.
2. In this Agreement, the use of the words "State Highway" shall be construed to mean all
numbered highways that are part of the State's Highway System.
Form 1038(Rev.08/23)
Page 2 of 9
3. This Agreement is intended to cover and provide for State participation in the
maintenance and operation of the following classifications of State Highways within the
City:
A. Non-Controlled Access highways or portions thereof which are described as "State
Maintained and Operated" highways in the document attached and incorporated as
Exhibit A.
B. All State highways or portions thereof which have been designated by the Texas
Transportation Commission, or are maintained and operated, as Controlled Access
Highways and which are described in the document attached and incorporated as
Exhibit B.
4. In the event that the present system of State highways within the City is changed by
cancellation, modified routing, new routes, or a change to City boundaries, the State
shall terminate maintenance and operation and this Agreement shall become null and
void on those portions of the highways which are no longer on the State Highway
System; and this Agreement shall apply to the new highways on the State Highway
System within the City; and they shall be classified as "State Maintained and Operated"
under paragraph 3 above, unless the execution of a new agreement on the changed or
new portions of the highways is requested by either the City or the State.
5. Exhibits that are a part of this Agreement may be changed with both parties' written
concurrence. Additional exhibits may also be added with both parties' written
concurrence. The Parties shall periodically update any exhibits to reflect changes to the
State Highway System under paragraph 3. Paragraph 4 shall apply to changes to the
State Highway System regardless of whether an exhibit has been updated under this
Paragraph.
6. The terms of the Agreement apply to a State Highway described by paragraphs 2-4 of
this Article, unless provided otherwise in a specific project agreement.
ARTICLE II. GENERAL CONDITIONS
1. The City authorizes the State to maintain and operate the State highways covered by
this agreement in the manner set out herein.
2. This agreement is between the State and the City only. No person or entity may claim
third party beneficiary status under this contract or any of its provisions, nor may any
non-party sue for personal injuries or property damage under this contract.
3. This agreement is for the purpose of defining the authority and responsibility of both
parties for maintenance and operation of State highways through the City. This
agreement shall supplement any special agreements between the State and the City for
the maintenance, operation, and/or construction of the State highways covered herein,
and this agreement shall supersede any existing Municipal Maintenance Agreements.
Form 1038(Rev.08/23)
Page 3 of 9
4. Traffic regulations, including speed limits, shall be established only after traffic and
engineering studies have been completed by the State or City, as applicable and in
accordance with 43 Tex. Admin. Code Ch. 25, Subch. B, and approved by the State.
5. The State shall install, maintain, and operate, when required, all traffic signs and
associated pavement markings necessary to regulate, warn, and guide traffic on State
highways within the State right-of-way, including main lanes and frontage roads, except
as otherwise provided in this paragraph and elsewhere in this Agreement.
A. At the intersections of off-system approaches to State highways, the City shall install
and maintain (1) all stop signs, yield signs, and one-way signs to regulate, warn, and
guide traffic on the off-system street, even if such signs are to be installed on State
right-of-way, and (2) any necessary stop or yield bars and pedestrian crosswalks
outside the main lanes or outside the frontage roads, if such exist. These signs and
markings must meet or exceed the latest State breakaway standards, if applicable,
and be in accordance with the latest edition/revision of the Texas Manual on Uniform
Traffic Control Devices
B. The City shall install and maintain all street name signs except for those mounted on
State-maintained traffic signal poles or arms or special advance street name signs
on State right-of-way.
C. Any other signs or pavement markings desired by the City on State right-of-way shall
require prior written authorization by the State, and shall be installed and maintained
by the City.
D. All signs and markings installed by the City under this Paragraph must meet or
exceed the latest State breakaway standards, if applicable, and be in accordance
with the latest edition/revision of the Texas Manual on Uniform Traffic Control
Devices. All existing signs or markings shall be upgraded on a maintenance
replacement basis to meet these requirements.
6. Traffic control devices such as signs, traffic signals, and pavement markings, with
respect to type of device, points of installation, and necessity, shall be determined by
traffic and engineering studies as provided by regulation in the Texas Administrative
Code.
A. The City shall not install, maintain, or permit the installation of any type of traffic
control device which will affect or influence the use of State highways unless
approved in writing by the State. Traffic control devices installed prior to the date
of this agreement are hereby made subject to the terms of this agreement and
the City agrees to the removal of such devices which affect or influence the use
of State highways unless their continued use is approved in writing by the State.
B. It is understood that basic approval for future installations of traffic control
signals by the State or as a joint project with the City, shall be indicated by the
Form 1038(Rev.08/23)
Page 4 of 9
proper City official's signature on the title sheet of the plans. Both parties should
retain a copy of the signed title sheet or a letter signed by both parties
acknowledging which signalized intersections are covered by this agreement.
Any special requirements not covered within this agreement shall be covered
under a separate agreement.
C. This Agreement satisfies the agreement requirements of 43 Tex. Admin. Code
§ 25.5 concerning traffic signal installation, unless the parties determine a
separate agreement is necessary to address project-specific issues that are not
otherwise addressed by this Agreement.
7. Subject to approval by the State, any State highway lighting system may be installed by
the City provided the City shall pay or otherwise provide for all cost of installation,
maintenance, and operation, except in those installations specifically covered by
separate agreements between the City and State.
A. For all highway lighting system projects, including those covered by separate
agreements unless provided otherwise therein, (1) costs shall include the
electricity required to construct and operate the lighting system, (2) the State
shall not begin the trial phase of a newly installed lighting system until the
applicable utility account is established by the City.
B. Attached as Exhibit D is a list of lighting installations subject to this Agreement,
but which do not have a separate agreement. Exhibit D shall be updated as
necessary pursuant to Article 1, Section 6.
8. The City shall enforce the State laws governing the movement of loads which exceed
the legal limits for weight, length, height, or width as prescribed by Chapters 621, 622,
and 623 of the Transportation Code for public highways outside corporate limits of
cities. The City shall also, by ordinance/resolution and enforcement, prescribe and
enforce lower weight limits when mutually agreed by the City and the State that such
restrictions are needed to avoid damage to the highway and/or for traffic safety.
9. The City shall prevent future encroachments within the right-of-way of the State
highways and assist in removal of any present encroachments when requested by the
State except where specifically authorized by separate agreement; and prohibit the
planting of trees or shrubbery or the creation or construction of any other obstruction
within the right-of-way without prior approval in writing from the State. Permitted
landscaping and public art installations shall be handled through separate agreements.
10. New construction of sidewalks, shared use pathways, curb ramps, or other accessibility-
related items by either Party shall comply with current ADA standards. Except as
otherwise provided in this paragraph, the City is responsible for the maintenance of
these items, regardless of whether the City or the State constructed the item.
Maintenance includes keeping sidewalks clear of debris and vegetation, but does not
Form 1038(Rev.08/23)
Page 5 of 9
include pavement work except as provided in the next sentence. If a Party's highway
project is considered an "alteration" under the ADA that triggers the requirement to
construct or upgrade accessibility-related items, that Party is responsible for the
construction or upgrade, unless provided otherwise in a separate agreement.
11. If the City has a driveway permit process that has been submitted to and approved by
the State, the City shall issue permits for access driveways on State highway routes
and shall assure the grantee's conformance, for proper installation and maintenance of
access driveway facilities, with either a Local Access Management Plan that the City
has adopted by ordinance and submitted to the State or, if the City has not adopted by
ordinance and submitted to the State a Local Access Management Plan, the State's
Access Management Manual. If the City does not have an approved city-wide driveway
permit process, the State shall issue access driveway permits on State highway routes
in accordance with the City's Local Access Management Plan, adopted by city
ordinance and submitted to the State or, if the City has not adopted by ordinance and
submitted a Local Access Management Plan, the State's Access Management Manual.
12.The use of unused right-of-way and areas beneath structures for public functions, such
as parking, recreation, and law enforcement use, shall be determined by a separate
agreement.
13.The State shall be responsible for installation, repair, and maintenance of any mailbox
supports installed on the State highway system, including any markings needed on the
mailbox supports.
14.The State shall be responsible for installation, repair, and maintenance of any roadside
barriers including guardrail, guardrail end treatments, cable barriers, and concrete barriers
needed for traffic safety on the state highway system.
15. The State shall be responsible for any structural repairs needed at bridges, culverts,
drainage pipes, embankments, and retaining walls on the state highway system.
16. For purposes of this Agreement, "grade separation structure" is defined as any bridge,
overpass, or similar structure that raises the roadway above ground level, regardless of
what is underneath the structure.
ARTICLE III. NON-CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall apply to the non-controlled access
State highways described in Exhibit A, in addition to the General Conditions in Article II above.
1. State's Responsibilities (Non-Controlled Access)
A. Maintain the traveled surface and foundation beneath such traveled surface
necessary for the proper support of vehicular loads encountered, and maintain the
shoulders.
Form 1038(Rev.08/23)
Page 6 of 9
B. Assist in mowing and litter pickup within the right of way to supplement City
resources, when requested by the City and if State resources are available.
C. Assist in sweeping and otherwise cleaning the traveled surface and shoulders to
supplement City resources, when requested by the City and if State resources are
available.
D. Assist in snow and ice control to supplement City resources, when requested by the
City and if State resources are available.
E. Structural maintenance and repairs of drainage facilities within the limits of the right-
of-way and State drainage easements. This does not relieve the City of its
responsibility for drainage of the State highway facility outside of the right of way or
State easements but within its corporate limits.
F. In cities with less than 50,000 population, the State shall install and maintain school
safety devices, school crosswalks, and crosswalks installed in conjunction with
pedestrian signal heads. This does not include other pedestrian crosswalks.
G. Install, operate, and maintain traffic signals in cities with less than 50,000 population.
H. In cities equal to or greater than 50,000 population, the State may provide for
installation of traffic signals when the installation is financed in whole or in part with
federal-aid funds, if the City agrees to enter into an agreement setting forth the
responsibilities of each party.
2. City's Responsibilities (Non-Controlled Access)
A. Prohibit angle parking, except upon written approval by the State after traffic and
engineering studies have been conducted to determine if the State highway is of
sufficient width to permit angle parking without interfering with the free and safe
movement of traffic.
B. Install and maintain all parking restriction signs, pedestrian crosswalks (except as
provided in Art. 11.5), parking stripes, and special guide signs when agreed to in
writing by the State. Cities greater than or equal to 50,000 population shall also
install, operate, and maintain all school safety devices and school crosswalks.
C. Signing and marking of intersecting city streets with State highways shall be the full
responsibility of the City (except as provided under Art. 11.5).
D. Require installations, repairs, removals or adjustments of publicly or privately owned
utilities or services to be performed in accordance with Texas Department of
Transportation specifications and subject to approval of the State in writing.
Form 1038(Rev.08/23)
Page 7 of 9
E. Regular cleanups and litter control to ensure drainage facilities are clear. Further,
State structural maintenance and repair of drainage facilities within the right-of-way
does not relieve the City of its responsibility for drainage of the State highway facility
outside of the right-of-way or State easements but within its corporate limits, except
where participation by the State is specifically covered in a separate agreement
between the City and the State.
F. Install, maintain, and operate all traffic signals in cities equal to or greater than
50,000 population. Any variations shall be handled by a separate agreement.
G. Perform mowing and litter pickup.
H. Sweep and otherwise clean the pavement, including grade separation structures.
This includes cleaning and removing litter, trash, discarded personal property,
unauthorized temporary shelters, or any other unauthorized item from all areas within
the right of way, including underneath a grade separation structure.
I. Perform snow and ice control.
J. Retain all functions and responsibilities for maintenance and operations which are
not specifically described as the responsibility of the State.
ARTICLE IV. CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall apply to the controlled access State
highways described in Exhibit B, in addition to the General Conditions in Article II above.
1. State's Responsibilities (Controlled Access)
A. Maintain the traveled surface and foundations of the main lanes, ramps, and frontage
necessary for the proper support of vehicular loads encountered.
B. Mow and clean up litter within the outermost curbs of the frontage roads or the entire
right-of-way width where no frontage roads exist. Assist in performing these
operations between the right-of-way line and the outermost curb or crown line of the
frontage roads on the City's request and if State resources are available.
C. Sweep and otherwise clean the traveled surface and shoulders of the main lanes,
ramps, grade separation structures, and frontage roads.
D. Remove snow and control ice on the main lanes and ramps. Assist in these
operations on the frontage roads and grade separation structures on the City's
request and if State resources are available.
Form 2038(Rev.08/23)
Page 8 of 9
E. Install and maintain school safety devices, school crosswalks, and crosswalks
installed in conjunction with pedestrian signal heads on frontage roads. This does not
include other pedestrian crosswalks.
F. Install, operate and maintain traffic signals at ramps and frontage road intersections,
unless covered by a separate agreement.
G. Structural maintenance and repair of drainage facilities within the limits of the right-
of-way and State drainage easements. This does not relieve the City of its
responsibility for drainage of the State highway facility outside of the right-of-way or
State easement but within its corporate limits.
2. City's Responsibilities (Controlled Access)
A. Prohibit, by ordinance or resolution and through enforcement, all parking on frontage
roads except when parallel parking on one side is approved by the State in writing.
Prohibit all parking on main lanes and ramps and at such other places where such
restriction is necessary for satisfactory operation of traffic, by passing and enforcing
ordinances or resolution and taking other appropriate action in addition to full
compliance with current laws on parking.
B. When considered necessary and desirable by both the City and the State, the City
shall pass and enforce an ordinance or resolution providing for one-way traffic on the
frontage roads except as may be otherwise agreed to by separate agreements with
the State.
C. Secure the approval of the State before any utility installation, repair, removal or
adjustment is undertaken, crossing over or under the highway facility or entering the
right-of-way. In the event of an emergency, it being evident that immediate action is
necessary for protection of the public and to minimize property damage and loss of
investment, the City, without the necessity of approval by the State, may at its own
responsibility and risk make necessary emergency utility repairs, notifying the State
of this action as soon as practical.
D. Pass necessary ordinances or resolutions and retain responsibility for enforcing the
control of access to an expressway/freeway facility.
E. Sweep and otherwise clean the pavement other than the traveled surface and
shoulders, including underneath grade separation structures. This includes cleaning
and removing litter, trash, discarded personal property, unauthorized temporary
shelters, or any other unauthorized item.
F. Mow and clean up litter between the right-of-way line and the outermost curb or
crown line of the frontage roads, including drainage facilities in this area.
Form 1038(Rev.08/23)
Page 9 of 9
G. Install and maintain all parking restriction signs, pedestrian crosswalks (except as
provided by Art. 11.5), and parking stripes when agreed to by the State in writing.
H. Signing and marking of intersecting city streets to State highways shall be the full
responsibility of the City (except as provided by Art. 11.5).
I. Retain all functions and responsibilities for maintenance and operations which are
not specifically described as the responsibility of the State. State maintenance of
drainage facilities within the right-of-way does not relieve the City of its responsibility
for drainage of the State highway facility outside of the right-of-way but within its
corporate limits except where participation by the State is specifically covered in a
separate agreement between the City and the State.
ARTICLE V. TERMINATION
1. All obligations of the State to maintain and operate a State highway covered by this
agreement shall terminate if and when such highway ceases to be designated as part of
the State highway system.
2. Should either party fail to properly fulfill its obligations under this Agreement, the other
party may terminate this agreement upon 30 days written notice.
3. Upon termination, all maintenance and operation duties on non-controlled access State
highways shall revert to City responsibilities, except that the State shall retain all
maintenance and operation responsibilities on controlled access State highways.
City of Baytown State of Texas
Signature TxDOT District Engineer
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EXHIBIT "D"
CERTIFICATION
I, EILEEN P. HALL, the duly appointed and acting City Clerk of
the City of Baytown, Harris County, Texas, do hereby certify and
attest that as part of my duties, I do supervise and act as
lawful custodian of the records of the City of Baytown; and that
the attached document is a true and correct' copy of Ordinance No.
5309 :
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE STATE OF TEXAS
FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A CONTINUOUS
HIGHWAY ILLUMINATIONSYSTEM WITHIN THE CITY OF BAYTOWN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Adopted by the City Council at its meeting held on the 27th day
of July, 1989.
WITNESS MY HAND and SEAL of the City this 31st. day of July,
1989 .
City Clerk
(SEAL)
ORDINANCE NO. 5309
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH THE STATE OF TEXAS FOR THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF A CONTINUOUS HIGHWAY
ILLUMINATION SYSTEM WITHIN THE CITY . OF BAYTOWN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an agreement with
the State of Texas for the construction, maintenance and
operation of a continuous highway illumination system within the
City of Baytown. A copy of said agreement is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 27th day of July,
1989.
EMMETT 0. HUTTO, Mayor
ATTEST:
G�..�l�.'.,-cam• T �r��
EILEEN P. HALL, City Clerk
JIN2%IDALL aB. STR6NGj C 041ttorney
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AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEM WITHIN MUNICIPALITY
(100% Blanket)
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT dated this 28th day of July 19 89 by and
between the State of Texas, hereinafter referred to as the "State", party of the
first part, and the City of Baytown , Harris County,
Texas, acting by and through its duly authorized officers under an ordinance or reso-
lution passed the 27th day of July 19 89 hereinafter called the
"City," party of the second part is made to become effective when fully executed by
both parties.
W I T N E S S E T H
WHEREAS, the City has requested the State to contribute financial aid in the
construction, maintenance and operation of a highway illumination system on freeways
and expressways as defined in Highway Commission Minute Order 82420. Within the
City, said illumination system hereinafter referred to as the "illumination system"
is to consist of continuous lighting to be built in sections as financed and
designated by the State Highway and Public Transportation Commission; and
WHEREAS, the Engineer-Director, acting for and in behalf of the State Highway and
Public Transportation Commission, has made it known to the City that the State will
construct said highway illumination system, conditioned that the City, as provided in
Highway Commission Minute Order No. 82420, will maintain and operate said illumina-
tion system.
Form 1074
1-5 12-84
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
1. CONSTRUCTION RESPONSIBILITIES
a. The State will prepare or provide for the plans and specifications, adver-
tise for bids, let the construction contract, or otherwise provide for the construc-
tion, and will supervise construction, reconstruction or betterment work as required
by said plans and specifications. As a project is developed to construction stage,
either as a unit or in increments, the State will submit plans and specifications of
the proposed work to the City and will secure the City's consent to construct the
lighting system prior to awarding the contract; said City consent to be signified by
the signatures of duly authorized City officers in the spaces provided on the title
sheet of plans containing the following notation:
"Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND
OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY, dated
The City-State construction, maintenance and operation responsibilities shall be
as heretofore agreed to, accepted, and specified in the Agreement to which these
plans are made a part."
b. All costs of constructing the illumination system will be borne by the
State, and the illumination system will remain the property of the State.
2 of 5 Form 1074
12-84
2. MAINTENANCE AND OPERATION RESPONSIBILITIES
a. The City hereby agrees to furnish at its expense the electrical energy
required for proper operation of the illumination system, such electrical energy to
be provided at points on the illumination system as designated by the State. The
City further agrees to maintain and operate the illumination system in an efficient
and sightly condition, including the furnishing of all equipment and labor and making
any replacements which may become necessary, without cost to the State.
b. The City will assume maintenance and operation on a date to correspond with
the date construction of the illumination system is completed and accepted by the
State. The City hereby agrees to furnish at its expense the electrical energy con-
sumed by the system during the period of trial operation prior to acceptance by the
State. If the illumination system is constructed by sections, this provision shall
apply to each such separately constructed section.
C. The City will obtain written approval of the Engineer-Director before making
any changes in the design and/or operation of the illumination system as designed and
constructed by the State or before the removal of any part of the installation except
for the purpose of replacement where identical or accepted equivalent equipment to
that originally installed is used.
3. GENERAL
a. This Agreement shall remain in force for a period of two years from the date
that maintenance and operation responsibilities are first assumed by the City and
shall be automatically renewed for two year periods unless modified by mutual
agreement of both parties.
3-5 Form 1074
12-84
b. The State will not incur any financial obligation to the City as a result of
this Agreement.
C. This Agreement may be terminated sixty (60) days after the filing of a writ-
ten notice by either party of a desire for cancellation. The State reserves the
right to remove the illumination system upon cancellation of the Agreement.
d. If, at any time, the City does not maintain and operate the illumination
system in a satisfactory manner, the Statee reserves the right to either arrange for
maintenance at the expense of the City or to remove the illumination system. Should
the illumination system be removed due to lack of maintenance, the City hereby agrees
to reimburse the State for the cost of removal.
4. INDEMNIFICATION
To the extent permitted by law, the City shall indemnify and save harmless the
State, its agents or employees, from all suits, actions or claims and from all liabi-
lity and damages for any and all injuries or damages sustained by any person or pro-
perty in consequence of any neglect in the performance, or failure of performance of
the City, its agents and employees under this Agreement.
4-5 Form 1074
12-84
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City
of Baytown on the 28th day of
July _, 19 89 and the State Department of Highways and
Public Transportation on the day of
19
ATTEST: CITY OF Baytown
Y
r
Mayor
(Title of Signing Official)
THE STATE OF TEXAS
Certified as being executed for the purpose
and effect of activating and/or carrying out
the orders, established policies, or work
programs heretofore approved and authorized by
the State Highway and Public Transportation
Commission:
APPROVED:
r
By:
Traffic Operations Engineer
DATE: io- /9--401
5_5 Form 1074
.12-84