Loading...
Ordinance No. 1,651ORDINANCE NO.1651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING AND DIRECTING THE MAYORANDCITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT KITH THE STATE OF TEXAS FOR THE SUM OF NINETY-FIVE THOUSAND ONE HUNDRED THIRTY-FOUR AND NO/100($95,134.00)DOLLARS AS THECITYOF BAYTOWN'S PORTION OF THE COSTS OF CONSTRUCTION OF CURB AND GUTTER,STORMSEWER WORK, AND INCIDENTAL ITEMS WITHIN THELIMITS FROM LOOP 201 TO GARTH ROAD ON SPUR 330AND PROVIDING FORTHE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1:That the City Council of the City of Baytown,Texas,hereby authorizes and directs the Mayor and City Clerk of the Cityof Baytown to execute and attest to a contract with the State of Texas forthe payment by the City of Baytown of Ninety-Five Thousand One Hundred Thirty-Four and No/100 ($95,134.00) Dollars for the costs of construction of curb and gutter,stormsewer work,and incidental items within the limits fromLoop 201 to Garth Road on Spur 330.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 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 22nd day of August ,1974. TOM GENTRY,Mayor ATTEST: ED?A OLIVER,City Clerk' APPROVED; NEEL'RICHARDSON,City Attorney EXHIBIT "A" C 508-7-14 Harris County STATE OF TEXAS I I COUNTY OF TRAVIS X THIS AGREEMENT,made this day of ,1974,by and between the City of Baytown,Texas,hereinafter called the "City", Party of the First Part,acting by and through its City Council and the State of Texas,hereinafter called the "State",Party of the Second Part, acting by and through its State Highway Commission. WHEREAS,the City desires the construction of curb and gutter,storm sewer work and incidental items within the limits from Loop 201 to Garth Road on Spur 330 and the Statewill,amongother things,provide for the construction of this work within these limits and the City will contribute a fixed amount of Ninety FiveThousandOne Hundred Thirty Four and No/100 Dollars ($95,134.00),in payment for their portion of this work,and WHEREAS,the City by the execution ofthis agreement agrees to the terms and conditions of State Highway Commission Minute No.68225,as it applies to the City,a copy of which is attachedhereto and marked "Exhibit A"and made a part of this agreement. NOW THEREFORE,it is understood that this proposed work will be con structedby the Stateand the City will transmit to the State with the return of this agreement,executed by the City,a warrant or check made payable to the State Treasurer,Account of TrustFund No.927 in the amount of Ninety Five Thousand One Hundred Thirty Four and No/100Dollars ($95,134.00).It is further understood that the State will construct 1. Only those items forthe City as requested and it is further understood that the contribution of Ninety Five Thousand One Hundred Thirty Four and No/100 Dollars ($95,134.00),by the City shall be a fixed amount for their share of the work.It is further understood thatthe City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minutes No.68225,as it applies to theCity,a copyof which is attached hereto and marked "Exhibit A"and made a part ofthis agreement. IN TESTIMONY WHEREOF,the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITYOF BAYTOWN Party of the First Part By: .Mayor ATTEST: By: City Clerk STATE OF TEXAS STATE HIGHWAY COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of activating and/or carrying outthe orders,es tablished policies,or work programs heretofore approved and authorized bythe State Highway Commission: By: Asst.State Highway Engineer under authority of Commission Minute 67022 Recommended for execution: (State)Director,Finance -2- WHEREAS,in HARRIS COUNTY,the City of Baytown has requested the extension of SPUR 330 from Loop 201 to Garth Road,a distance of approximately 0.8 mile;and WHEREAS,an analysis of the request indicates the proposed extension would be a desirable addition to the highway system; NOW,THEREFORE,the State Highway Engineer is directed to tender the following proposal to the City of Baytown for the development of such a project: Provided the City will: 1.Furnish all required right of way clear of obstructions with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2.Provide for the adjustment of utilities,the construction of curb and gutter where none now exists,storm sewers,drive ways and sidewalks,all as may be required,and agree to make such installations in accordance with governing policies and regulations of the Department. The Texas Highway Department will provide for the construction of grading,structures and surfacing within these limits,at an estimated cost of $593,600.00. Upon acceptance of the provisions of this Order by the appropri ate officials of the City of Baytown,IT IS ORDERED that a SPUR be and is hereby designated from the end of Spur 330,southeast to Garth Road,a distance of approximately 0.8 mile,and the State Highway Engineer is directed to enter into agreement with the City covering the detailsof the proposed improvements,to proceed with the engineering development of the project and after the City has fulfilled its responsibilities,proceed with construction as authorized herein in the most feasible and economical manner. It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may ele.ct.In the event the City desires the State to include its portion of the work in the State's construction contract,the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Baytown and if not accepted within 90 days of the date hereof,the action herein contained shall be automatically cancelled. Minute No.68225 November 20,1973 COPY •"EXHIBIT A"