Ordinance No. 1,257ORDINANCE NO. 1257
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT
DATED JULY 18, 1972, 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 IN THE CITY OF BAYTOWN
SHOWN ON EXHIBIT 1 OF SAID CONTRACT, ATTACHED HERETO
AND MADE A PART HEREOF; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT.
WHEREAS, by Ordinance 1062 on January 7, 1971, a contract for the
installation, construction, existence, use, operation, and maintenance of
certain highway traffic signals at Spur 330 and San Jacinto Street in the
City of Baytown was entered into between the State of Texas and the City
of Baytown; and
WHEREAS, such contract was erraneously entered into in that the
provisions of the contract were oriented to cities with less than 15,000
population; and
WHEREAS, the City Council of the City of Baytown deems it necessary
to contract with the State of Texas for the installation, construction,
existence, use, operation, and maintenance of highway signal projects at
Spur 330 and San Jacinto Street in the City of Baytown; NOVI THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the certain agreement dated July 18, 1972, 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 need, 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 18th day of July, 1972.
2� L �
C. GLEN WALKER, Mayor
ATTEST:
A,Ik-� q=b 1
EDNA OLIVER, City Clerk
APPROVED:
9
NEEL RIC ARDSON, City Attorney
-2-
Si'AIE OF TEYa S I
COUI= OF TRAVIS I
This ACREEMENT, :Wade this _ 18th of July �, 19 72
by and between the State of Texas, hereinafter called the "State," Party of the
First Part; and the City of .Bay# ovrn Harris County,
Texas, acting by and through its duly authorized officers under an Qrdi�a�ge passed
xeso u ion
the 78th day of July 19 72 , 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 of highway traffic
signal(s) by Ordinance passed on the
Resolution
18th .
day of _ J_ _uly , 19 72 ,
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 cove-
nants 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 construction,
prepare plans and specifications, install said highway traffic signal(s), and super-
vise construction,
2, 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 construe- -
Lion as shown on plans and described in specifications attached hereto, marked
AGREEMENT (TRAFFIC SIGNAL -- EXPRESSWAY TYPE E--1A) 4-60 -767
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EXHIBIT 2, and grade a part hereof.
3. The City will operate and maintain the highway traffic signal(s) upon
completion of the installation(s) by the State.
4. The City will pay all power costs for operating the signal(s).
S. The City will obtain written approval of the State Highway Engineer
before making any changes in the design of operation and timing of the signal(s) or
before removing any part of the installation(s).
6. The City will return any and all parts of said highway traffic signal
installation(s) to the State should it (they) be removed by the City for any reason
other than for installation on a State or Federal numbered highway route at a
location approved by the State.
7. The City will be responsible for the police enforcement required for
securing obedience to the highway traffic signal(s).
8. In the event the terms of this Agreement are in conflict with the
provisions of any other existing Agreements and /or Contracts between the City and
the State, this Agreement shall take precedence over the other Agreements and /or
Contracts.
AGREEMENT (TRAFFIC SIGNAL -- EXPRESSWAY TYPE E -IA) 4 -60 -767
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IN TE 21MONY W11REOF, the parties hereto have canoed these presents to
be executed in triplicate on the day above stated.
ATTEST:
Secretary for City
APPROVED AS TO FORM:
General Attorneys for the City
Assistant Attorney General
BY
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 pro-
grams heretofore approved and
authorized by the State highway
Commission:
0
Chief Engineer of Maintenance
Operations
RECOMMENDED FOR APPROVAL:
AGREEMENT (TRAFFIC SIGNAL -- EXPRESSWAY TYPE E -1A)
3 -4
District Engineer
Engineer of Traffic
4 -60 -767
D -18
LOCATION (S )
1. Spur 330 and San Jacinto Street
AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E--1A) 4 -60 -767
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