Ordinance No. 1,062ORDINANCE NO. 1062
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT
DATED JANUARY 7, 1971, BETWEEN THE STATE OF TEXAS AND THE
CITY OF BAYTOWN, TEXAS, FOR THE INSTALLATION, CONSTRUCTION,
EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL
PROJECTS AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO
AND MADE A PART HEREOF, IN THE CITY OF BAYTOWN, TEXAS; PRO-
VIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That the certain agreement dated January 7, 1971,
between the State of Texas and the City of Baytown, for the installation,
construction, existence, use, operation, and maintenance of certain
highway traffic signals at the location shown on Exhibit 1, attached
hereto and made a part hereof, in the City of Baytown, be and the same
is hereby approved, and C. GLEN WALKER, Mayor, is hereby authorized to
execute said agreement on behalf of the City of Baytown, and to transmit
the same to the State of Texas for appropriate action.
Section 2: The fact that the improvements contemplated under
the above mentioned agreement are needed, creates an emergency which for
the immediate preservation of the public peace, health, safety, and general
welfare requires that this ordinance take effect immediately from and
after its passage, and it is accordingly so ordained.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, on this jfday of January, 1971.
ATTEST: C. GLEN WALKER, Mayor
EDNA OLIVER, City Clerk
APPRO ED:
WILLIAM R. UGH IN, City t rney
.t
STATE OF TEXAS
COUNTY OF TRAVIS
This AGREEMENT, made this 7th day of January % 19 71
by and between the State of Texas, hereinafter called 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
passed the 7th day of January , 19 71 , hereinafter called the
"City ", Party of the Second Part:
W I T N E S S E T H:
WHEREAS, the City has authorized the installation, operation, and
maintenance of highway traffic signal(s) by Ordinance passed on the 7th
Res,94ttt 4on
day of January , 19 71 , at the location(s) shown on EXHIBIT 1, attached
hereto and made a part hereof, in the City:
A G R E E M E N T:
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. The State will furnish the necessary funds for the actual con-
struction, prepare plans and specifications, install said highway traffic signal(s),
supervise construction, and upon completion of construction, will operate and
maintain said highway traffic signal(s).
AGREEMENT (TRAFFIC SIGNAL - TYPE 1A)
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e�
2. The State will reimburse the City for the cost of the electrical
energy used in operating the highway traffic signal(s) as measured by means of
a meter installed to serve the highway traffic signal(s), or as determined by
some method other than a meter which is mutually acceptable to all parties
concerned.
The States payment for the electrical energy shall be based on the
'. minimum unit rate charged the City under the City's contract with the power
agency supplying electrical energy to the City. in the event the electrical
energy is supplied through a municipally owned electrical power generation
system, the States payment for the electrical energy shall be based on the
minimum unit rate appearing in the City's commercial rate structure.
The City will forward the State two copies of its existing contract
with the power agency for electrical energy, and thereafter as the existing
or governing control is terminated and new contracts are executed.
All requests for payment for electrical energy shall be properly
certified and submitted by the City to the District Engineer of the State High-
' 77034
way Department at P.O. Box 34458, Houston , Texas/. Such requests for payment
shall be in accordance with forms prescribed by the State and shall be submitted
at not less than monthly intervals. The City will maintain a system of records
necessary to support and establish the eligibility of all claims for payment
under the terms of this contract. When requested by the State the City will
permit and assist in an audit by an auditor of the State Highway Department of
this record or any other records of the City which pertain to the costs of
electrical energy as covered by the terms of this agreement.
AGREEMENT (TRAF'F'IC SIGNAL - TYPE 1A)
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3. The City hereby consents to the construction of the highway traffic
signal(s) shown on EXHIBIT 1 by the approval of the location and manner of
construction as shown on plans and described in specifications attached hereto,
marked EXHIBIT 2, and made a part hereof.
4. The City will exercise no control whatsoever over the operation,
maintenance, use, or existence of the highway traffic signal(s) without written
authority from the State highway Engineer.
5. The State shall have the authority to make such changes in the
design and operation of the highway traffic signal(s) as it may deem necessary
and advisable to promote the safe, convenient, and orderly movement of traffic.
6. The City will be responsible for the police enforcement required
for securing obedience to the highway traffic signal(s).
7. In the event the terms of this Agreement are in conflict with the
provisions of any other existing Agreementsand /or Contracts between the City and
the State, this Agreement shall take precedence over the other Agreements and /or
Contracts.
AGREEMENT (TRAFFIC SIGNAL - TYPE 1A)
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
,xecuted in triplicate on the day above stated.
ATTEST:
Secretary for City
APPROVED AS TO FORM:
General Attorneys for thA City
Assistant Attorney General
ACRE'EMEW (TRAFFIC SIGNAL - TYPE JA)
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CITY OF BAYTOWN
By
C. GLEN WALKER, Mayor
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 Commission:
By
Chief Engineer of Maintenance Date
Operations
RECOMMENDED FOR APPROVAL.
District Engineer
Engineer of Traffic Date
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CITY ATi ORNEY'S CERTIFICATE
STATE OF TEXAS {�
COUNTY OF IL=S
1, 1ji l l i «m R. Laughl n — City Attorney for the City
of g � 'OWiT f Texas, do hereby ceri ify that the City Charter
of the City of BATTOMN authorizes the City Council to
approve the execution of contracts by means of a resolution, and that the attachcd
contract between said City arid the Stutz, of Texas, c'afed Januat -,y 7. 1971, _
Ordinance
approved by possed J � 7 and executed
by City Council of City of Bay-to %m, is valid anc: binding on said City in so
far G:5 its approval and execution is coriccrne� !.
C "it y�ttorney __.
City of DAYTO N
n
F'aria Fic. 1.07.1
STATE OF TEXAS
COUNTY OF IIAR =
' ___ -- �----- �- 4�CL�a.Y��_ ,the duly
appointed, qualified and acting city secretary of the City of MYT0WN _ -,
Texas; hereby certify that the foregoing pages constitute a true and correct copy of an
ordinance "
ordin nce duly passed by the City Council at a meeting held on�January 7 _,
A.-D., 19 71 , at 6:30 o'clock P. M.
To certify which, witness my hand and seal of the City of
Texas, this day of January -
Baytown, Harris County Texas.
LA7.1 .L 01". Y 14
, l9 71 , at
City Secr.tcrry of the City of
BAYTOWN Texas
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