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Ordinance No. 1,924 6327 ORDINANCE NO. 1,92/1 AN ORDINANCE OF' 'rHE CITY COUNCIL, 017 THE CITY OF BAYTOWN , TEXAS , A139THORIZING AND DIRECTING, THE, MAYOR AND Ciry CI.,ERK OF THE CITY OF BAYTOWN TO FXECUTE AND ATTEST TO A CONTRACT WITH TliE STATE OF TEXAS FOR THE SUM OF S THREE THOUSAND ONE HUNDRED AND N01100 ($63 , 100 . 00) DOI.,LARS , INCI,UDING, CONTINGENCII`'S AND CONSTRUCTION ENGINEI�RING OF CONSTRUCTION OF (1RADING , STOR�wl SEWER, CEMENT STABI LJZED BASE , ASPHAL,'111C CONCRETE PAVENIENI' ANI) INCIDENTAL, ITEMS WITHIN THE 1JMITS FROM SPUR 330 TO CROW ROAD IN 13AYTOWN ON METROPOIJI'AN HIGHWAY NO. 56 (BAYWAY DRIVE) AND 13ROVIDING jw niE EFFECTIVE DATE HEREOF . BE IT ORDAIN,ED 13Y THE CITY COUNCII, OF THE CITY oi,, BAYTOWN, TEXAS : Section 1 : 'J'hat the City Couiiefl of -the City of BzaV town , To��,,xa,s , hereby and di,r(.�ryets the Mayor and City C'k,.,,rk of the C,ity of Baytown to exC)CLIte and attest to a contract with the State of Textts for th(,,,, payment by the City of Baytown of Sixty Three ThOUsand One Hundred and No/1,00 ($63 , 100. 00) Dollars for the costs of' construction of t,§,rading , storm sewer , (,-ementl st'abilized base , asphaltic conereL(,,s pavement and ine-i day ntal items within limits from 81:)uir, 330 to Crow Road in 13,aytown on �,,Jetropolitan Highway No. 56 (Bayway Drive) . A copy of said a,g,­i­(r?eii,iernt is attached ho,.wr(-Ao , m arked Exhibit "A, " and made a part hereof for al.l. intents and purposes . Section 2 : This ordinance shall, take effect from and after its passage b. the City C(,.)uncJ.'1 of the City of Baytown . INTRODUCED, READ zi,nd PASSE,J) by th(..,� affirmative �,) F the City Couno,�il or the City of Bayl:,own this 11. th dzay of December 1.975. T_0 CAI NTR Y I a y u Al"TES'I" : ,ff51J-,17,N P. HAL1,, City Clerk APPROVED: NEEE 7 IfARMON t i —1 City At ore, i EXHIB IT "A" M K012(1) 8012-12-1 Harris County STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT, made this llth day of December , 1975, 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 and Public Transportation Commission. WHEREAS, the City desires the construction of grading, storm sewer, cement stabilized base, asphaltic concrete pavement and incidental items within the liwits from Spur 330 to Crow Road in Baytown. on Metropolitan Highway No. 56 (Bayway Drive), which is solely the City's responsibility and the City has requested the , State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engi- neering. The estimated construction cost of this work is Sixty Three Thousand One Hundred and No/100 Dollars ($63,100.00) , in- cluding contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69360, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. I Ii f 1. _ NOW TIIERFFORE, it is understood that this proposed work will be constructed by the State and 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 Trust Fund No. 927 in the amount of Sixty Three Thousand One Hundred and No/100 Dollars ($63,100.00), to be used in paying for the proposed work required by the City in the City of Baytown. It is further under- stood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. MOW, If the State elects to receive bids and if upon receipt of bids by the Statc and/or the actual c.^onstructioi and/or unproved cl-anges in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69360, as it applies to the City, a copy of which is r attached hereto and marked "Exhibit A" and made a part of this ,+ agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF BAYTOWN STATE OF TEXAS Party of the First Part STATE HICII14AY AND PUBLIC TRANSPORTATION COMMISSION _ $y= Party of the Second Part Mayor Certified as being executed for the purpose and effect of activating and/ ATTEST: or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation City Clerk Commission: By: Asst. Engineer-Director under authority of Commission Minute 70104 Recommended for execution: (State) Director, Finance 3. WHEREAS, in HARRIS COUN' Y, the City of Baytown has requested assis- tance in reconstruction of grading, structures and surfacing on Bayway , Drive from Spur 330, south to 0.2 mile north of Crow Road, a distance of approximately 1 .9 miles; and WHEREAS, Bayway Drive is included in the Urban System; and WHEREAS, it is the desire of the Texas Highway Department to assist the City of Baytown in such work; .NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Baytown: Provided the City will : 1. Furnish all required right of way clear of obstructions with .acqui•sition 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 continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all in accordance with gov- ••erning policies and regulations of the Highway Department. 3. Maintain all of the work constructed as part of the project and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all is accordance with gov= erning policies and regulations of the Department. Subject to ,the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the Texas Highway Department will : 1. .Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and deter .mined to be eligible under the Relocation Assistance Program at an estimated cost of $1 ,000.00. 3. Provide for reconstruction of grading, structures and surfacing • at an estimated cost of $1 ,397,000.00, financing funds in the- amount of $317,000.00 as authorized in the Texas Highway De- partment 1974 Urban System Program and the remainder financed in increments as funds become available. Upon acceptance of the provisions of this Order by the appropri- -ate officials of the City of Baytown, IT IS ORDERED that Bayway Drive ex- tending from Spur 330, south to Crow Road, a distance of approximately ....2.0 miles, be and is hereby designated as a METROPOLITAN HIGHWAY and the State Highway Engineer is directed to proceed with the Relocation Assis- tance Program, to enter into agreement with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction as authorized herein in the most feasible and economical manner. Minute No. 69360 - Continued It is understood that the City may. discharge its construction obligations as outlined herein in any manner as they may elect. 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 iierein contained shall be automatically cancelled. Minute No. 6936o October 1., 1974 COPY "EXHIBIT A" M K012(1) 8012-12-1 Harris County STATE OF TEXAS X X COUNTY OF TRAVIS X THIS AGREEMENT, made this llth day of December , 1975, 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 and Public Transportation Co=fission. WHEREAS, the City desires the construction of grading, storm sewer, cement stabilized base, asphaltic concrete pavement and incidental items within the li-:.ts from Spur 330 Lo Crow Road in Baytown on Metropolitan Highway No. 56 (Bayway Drive), which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. *The State will 8 construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engi- neering. The estimated construction cost of this work is Sixty Three Thousand One Hundred and 1;of100 Dollars ($63,100.00) , in- cluding contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Co=fission ilinute No. 69360, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and 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 Trust Fund No. 927 in the amount of Sixty Three Thousand One Hundred and No/100 Dollars ($63,100.00), to be used in paying for the proposed work required by the City in the City of Baytown. It is further under- stood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual constructioi. and/or approved charges in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount w equal to the City`s full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69360, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and Made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF BAYTOWN STATE OF TEXAS Party of he First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION _ Party of the Second Part Mayor Certified as being executed for the purpose and effect of activating and/ ATTEST: or carrying out the orders, established policies, or work programs heretofore J approved and authorized by the State Highway and Pub c T ansportation !`C-Pc;��Cit Clerk Commissi n By: Asst Commis* er-17irector iindPr authority of Commission Minute 70104 Recommended for execution: Y�Se) Director, Finance 3. O��a WHEREAS, in HARRIS COUt1iY, }he City of Baytown has requested assis- tance in reconstruction of grading, structures and surfacing on Bayway - Drive from Spur 330, south to 0.2 mile north of Crow Road, a distance of approximately 1 .9 miles; and WHEREAS, Bayway Drive is included in the Urban System; and WHEREAS, it is the desire of the Texas Highway Department to assist the City of Baytown in such work; NOW, THEREFORE, the State Highway Engineer is directed to tender~ the following proposal to the City of Baytown: 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 continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all in accordance with gov- erning policies and regulations of the Highway Department. 3. Maintain all of the work constructed as part of the project and agree to regulate traffic, prohibit parking and Drevent encroachment on the right of way, all i6-ccordence with gov- erning policies and regulations of` the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the Texas Highway Department will : 1. Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and deter- mined to be eligible under the Relocation Assistance Program at an estimated cost of $1,000.00. 3. Provide for reconstruction of grading, structures and surfacing at an estimated cost of $1,397,000.00, financing funds in the- -amount of $317,000.00 as authorized in the Texas Highway De- partment 1974 Urban System Program and the remainder financed in increments as funds become available. Upon acceptance of the provisions of this Order by the appropri- -ate officials of the City of Baytown, IT IS ORDERED that Bayway Drive ex- tending from Spur 330, south to Crow Road, a distance of approximately ..__2.0 miles, be and is hereby designated as a METROPOLITAN HIGHWAY and the State Highway Engineer is directed to proceed with the Relocation Assis- tance Program, to enter into agreement with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction as authorized herein in the most feasible and economical manner. Minute No. 69360 - Continued It is understood that the City may discharge its construction -obligations as outlined herein in any manner as they may elect. 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 -most 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. 6936o October 1, 1974 COPY "EXHIBIT A"