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Ordinance No. 2,467la ORDINANCE NO. 2467 80501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PLACEMENT OF FUNDS IN ESCROW FOR THE TRAFFIC SIGNAL IMPROVEMENT PROGRAM AND PROVIDING FOR THE 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 hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an escrow agreement with the State Department of Highways and Public Transportation for the placement of funds in escrow for the Traffic Signal Improvement Program. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That 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 1st day of May , 1978. tl axaolvmo MMETT 0. HUTTO, Mayor ATTEST: l- EILEEN P. HALL, City Cler APPROVED: SCOTT BOUNDS, City Attorney 80501 -1a E X H I B I T "A" I ESCROW AGREDIENT STATE OF TEXAS X COUNTY OF TRAVIS X H1 -lb OS OOPS M - Harris County THIS AGREEMENT, 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, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State ", Party of the Second Part, made to become effective when fully executed by both parties: W I T N E S S E T H WHEREAS, Section 219 of the Federal -Aid Highway Act provides aid to projects for the construction, reconstruction, and improvement of any off- system road, including, but not limited to, the correction of safety hazards, the replacement of bridges, the elimination of high - hazard locations and roadside obstacles; and WHEREAS, State funds are not eligible for expenditure on the project; and WHEREAS, Federal regulations require construction of such projects to be the responsibility of the State highway agency; and WHEREAS, the State and City each have indicated intention to proceed with the project; and WHEREAS, the State Highway and Public Transportation Commission has established Departmental policy and requires that for projects not a part of the State Highway System or the Federal -Aid System, funds required to match available Federal aid will usually be provided from sources other 1. 8P11-1c than the State and such funds will be in the amount of 30% of the total estimated cost of the project including preliminary engineering, construction, construction engineering and contingencies and must be placed in escrow prior to commencement of project development; and WHEREAS, the City desires certain work as approved in the Statewide Highway Safety Improvement Program (Federal- Section 219) in accordance with the attached list marked "Exhibit A ". A G R E E M E N T NOW THEREFORE, it is agreed that the State will provide for said work 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 Forty Nine Thousand Eight Hundred and No /100 Dollars ($49,800.00), which is 30% of the total estimated cost of the project including preliminary engineering, construction, con- struction engineering and contingencies. If, during project development or construction or upon completion of the project, it is determined that this amount is not sufficient to fulfill the City's responsibility, the City will, upon request of the State, supplement this amount by an amount equal to the City's full estimated cost less the amount previously paid. In the event the amount as paid by the City is more than the City's re- sponsibility, the excess amount will be returned to the City. In the event the City desires to abandon the project prior to letting a contract for construction, the City's responsibility for charges incurred for preliminary - engineering will be deducted from the amount held in escrow and the remainder will be returned to the City. 2. 8 )l -1d I ?: TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown hereinbelow. Executed on behalf of the City this day of , 1978. CITY OF BAYTOWN Party of the First Part By: Mayor ATTEST: City Clerk 3. STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of activating and/ or carrying-out the orders, establish_ policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: Executed on behalf of the State this day of , 1978. By: Asst. Engineer - Director under authority of Commission Minute Order 70104 Recommended for execution: State) Director, Finance BAYTOWN STATEWIDE - HIGHWAY SAFETY IMPROVEMENT PROGRAM PRIORITY REPORT BY DISTRICT NON - INTERSTATE HIGH. ACCIDENT-.-...-- MAR 10r 1976 6 - - - - -----------•••••••••••••••••• r••• w•-w••••.•• r••••••••••. �•• w••••••••• �••• r••••••• ��••• w�•• r�••••• �� •�wr�ww•r••••••••w••••••ww••�A p_ S SThD S SAFETY D DIST U UNIQUE C CITY NAME - - . TYPE PRESENT TOTAL CO3T.•_._ N N0,•.,, NQ, .• • Np,r......_ - _._.._. _ .__ 00 P PR10 I IKPRVM • •• N NUMBER A -..__ - . S OF AVERAGE OF O OF OF OF TYPE•OF WORK 40, I INDX C COUNTY H HIGHWAYS R RDWY ADT IMPROVEMENTS F FATL -INJR. PODS - .•...•••....• . .............••••••••..... r r•••...•.....•..••••.•••w• r.•... r. •�•�....•••�.w.r.••.•••w••.w•w. w.�.. w.r.�..w• *w.w.r. •.••�•� - 19 4 4,60 1 12.102 8 81066 B BAYTOWN M MAJ• B BOB SMITH 2NDV 170700 320.000 a a 17 INSTALL NEW TRAFFIC SIGNAL -_ _ URB 33 2 2,72 1 12 -102 9 91078 B BAYTOWN M MAJ• P PRUETT 2 2NDV 8rb00 27.000. 1 14 26 IMPROVE OR MODERNIZE SIGNALS HARRIS M MIN• W WILLIAM I INTS t t3 YEAR M ) 422.37_•12.102 6 61086_BAYTOWN - - MAJ• M MAROIO._.- . .2NDV_,- iar20C 25.000 9 9 _ 38-- jMPRQVE_pR__MOOERNIZE.S.jyN1iL$ - - H HARRIS M MIN- N N MAIN I INTS ( (3 - URB �48 2 2,12.12.102 8 81694 B BAYTOWN_ M MAJ• S STEWART. - -_ 2NDV_-___16.r_i00 22x000 _ _ 7 _ lo- INSYALL_NEW_TRAFfIC_SIGNAL _ HARRIS - - -- _ _ _ __MIN• N N MAIN - -- INTS -.. _.._--- - -•I3_YEARi3)) _...._ _. U URB 50 2 2,10 1 12.102 8 81096 B BAYTOWN _ _ -MAJw J JAMES 2DIV10rS00 4 48 -_ jMPRQVE.. OR, MODERNIZE..SIGNALS_-- HARRIS M MIN• N N MAIN INTS .— _ -- -- -- -- --•_ -- - -- i3 _YEAR S)) —_ —_._ _. -- - -.._. _.-- _-- _ -•_ -_ - _ __ _____.... - - -• - -• _ _..._ _ URB - -- -- - - - 52 2 2,06_12.102.- 6 61104-- B BA.Y.TOMN N NAJ•_MINES. W WILT_ 2NDV- 1'3a.20.Q._» $5..000 7 7___ _ 39.- _-IPPRDVE_.OR MODERNIZE -31 ALS HARRIS M MIN• N N_. MAIN---INTS ( (3 _YEAR($))- - - -- --- - - -- -- ...-- URB -- - - - - - -- _ _ - -- -- - -� - -- - 54 2 2,05 1 12 -102 8 81103 B BAYTOWN M MAJw C CEDAR RAY 2NDV 200000 20x000 S S 36 IMPROVE OR MODERNIZE SIGNALS MIN• N N MAIN.- - -- INTS.. ___ _ 0 0- YEAR(3)1 .-HARRIS M OS 000S(1) Harris County ESCROW AGREEMENT STATE OF TEXAS X X COUNTY OF TRAVIS X THIS AGREEMENT, 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, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State", Party of the Second Part, made to become effective when fully executed by both parties: WITNESSETH WHEREAS, Section 219 of the Federal-Aid Highway Act provides aid to projects for the construction, reconstruction, and improvement of any off- system road, including, but not limited to, the correction of safety hazards, the replacement of bridges, the elimination of high-hazard locations and roadside obstacles; and WHEREAS, State funds are not eligible for expenditure on the project; and WHEREAS, Federal regulations require construction of such projects to be the responsibility of the State highway agency; and WHEREAS, the State and City each have indicated intention to proceed with the project; and WHEREAS, the State Highway and Public Transportation Commission has established Departmental policy and requires that for projects not a part of the State Highway System or the Federal-Aid System, funds required to match available Federal aid will usually be provided from sources other 1. than the State and such funds will be in the amount of 30% of the total estimated cost of the project including preliminary engineering, construction, construction engineering and contingencies and must be placed in escrow prior to commencement of project development; and WHEREAS, the City desires certain work as approved in the Statewide Highway Safety Improvement Program (Federal-Section 219) in accordance with the attached list marked "Exhibit A". AGREEMENT NOW THEREFORE, it is agreed that the State will provide for said work 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 Forty Nine Thousand Eight Hundred and No/l00 Dollars ($49,800.00) , which is 30% of the total estimated cost of the project including preliminary engineering, construction, con- struction engineering and contingencies. If, during project development or construction or upon completion of the project, it is determined that this amount is not sufficient to fulfill the City's responsibility, the City will, upon request of the State, supplement this amount by an amount equal to the City's full estimated cost less the amount previously paid. In the event the amount as paid by the City is more than the City's re- sponsibility, the excess amount will be returned to the City. In the event the City desires to abandon the project prior to letting a contract for construction, the City's responsibility for charges incurred for preliminary engineering will be deducted from the amount held in escrow and the remainder will be returned to the City. 2. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown hereinbelow. Executed on behalf of the City this /02 day of 1978. CITY OF BAYTOWN STATE OF TEXAS Par of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By: 0 Party of the Second Part ayor Certified as being executed for the purpose and effect of activating and/ or carrying out the orders, establish ATTEST: policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: 29.4449 Executed on behalf of the State this City Clerk A;,Z day of `MG, 1978. By: Asst. Engineer-Director under authority of Commission Minute Order 70104 Recommended for execution: State) Direcor, Finance 0%1 3 BAYTOWN STATEWIDE HIGHWAY SAFETY IMPROVEMENT PROGRAM MAR 10, 1978 PRIORITY REPORT BY DISTRICT NON.INTERSTATE HIGH ACCIDENT---- ----- _______ STWD SAFETY DIST UNIQUE CITY NAME ___ . STREETS TYPE PRESENT TOTAL COST _ _ NO, . N0. NO.__ .-___ _______ PRIG IMPRVM -. NUMBER AND/OR OF AVERAGE OF OF OF OF TYPE' OF WORK ND. INDX COUNTY HIGHWAYS RDWY ADT IMPROVEMENTS FATL INJR P00S _ . r 19 4,60 12.102 81066 BAYTOWN MAJ. BOB SMITH 2NDV 171700 320,000 4 17 INSTALL NEW TRAFFIC SIGNAL HARRIS_. ..__ -_ -_- -.-__ _ MIN. N MAIN INTS 1__YEAR(8))_--. URB 33 2,72 12.102 81078 BAYTOWN MAJ. PRUETT 2NDV 8.60027,000 14 26 IMPROVE OR MODERNIZE SIGNALS HARRIS MIN• WILLIAM INTS 3 YEAR(S)) URB.. 42 2,37 12.102 81086 BAYTOWN MAJ. HAROLD .-_ 2NDV18,200 25000 9 38 -IMPROVE_OR MODERNIZE_g-IyNA.L$ HARRIS MIN. N MAIN INTS 3 YEAR(S)) URB 48___ 2,12 12.102 81094_-BAYTOWN MAJ. STEWART 2NDV 16,700 22,000 7 19 _INSTALL NEW_.TRAFF-IC_SIGNAL HARRIS- .. -- - MIN. N MAIN INTS _____ URB 50. 2,10 12.102 81096 .__BAYTOWN- __-MAJ. JAMES 2DIV10,500 _-_27,000 7• - 48 IMPROVE_OR_ MODERNIZE.SIGNAL3___-_ HARRIS M N. N MAIN INTS 3_YEAR(S)) .__ -- .- -- URB 5.2 2.0612.10281104BA.YTOWN MAJ. HINES WIL' 2NDV 15,200..._ 2500.0 7____ _ 39._-IPRQVE__OR_MODERNIZE-SZCNALS HARRIS MjN. N MAIN -- INTS 3__YEAR($))- - -- - -- - - 54 2.05 12.102 81103 BAYTOWN MAJ. CEDAR BAY 2NDV 20.000 20,000 S 36 IMPROVE OR MODERNIZE SIGNALS HARRIS __.--------.--_..-___-__MIN. N MAIN INTS_-- 3..YEAR(9)L._ .___-_-_ URB. HARRIS INTS 2 YEAR(S)) WIDEN TRAVELWAY URB IWPRV HORIZ AND/OR VERT ALIGN FR, BROOKSTON TO SIMS BAYOU.--- 5 - -_- . HARRIS INTS 3 YEAR(S)) WIDEN TRAVELWAY URB IMPRV HORIZ AND/OR VERT ALIGN FR, CLEARSPINGS- TO-OAIRY.ASMi-QRD .ON MEMORIAL,. APPROX. 1 _MIS PAGE. S.------ - --