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Ordinance No. 2,561la ORDINANCE NO. 2561 81012 -6 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED OCTOBER 12, 1978, BETWEEN THE STATE OF TEXAS AND THE CITY OF BAYTOWN, FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THE LOCATIONS IN THE CITY OF BAYTOWN, SHOWN IN THE AGREEMENT; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the certain agreement dated October 12, 1978, between the State of Texas and the City of Baytown, for the installation, operation, and maintenance of certain highway traffic signals at the locations in the City of Baytown, shown in the agreement, be and the same is hereby approved. A copy of said agreement is attached hereto marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown hereby authorizes and directs the Mayor and City Clerk to execute and attest to said agreement on behalf of the City of Baytown, and to transmit the same to the State of Texas for appropriate action. Section 3: This ordinance shall take effect from and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 12 day of October , 1978. i - • ATTEST: EILEEN P. HALL, City Clerk APPROVED: SCOTT BOUNDS, City Attorney E X H I B I T "A" 81012 -6a M f 81012 -6b STATE' OF 't KI(AS � COUNTY OF TRAVIS X This AGREF -MENT, dated this day of , 19 , by and. between the State of Texas, hereinafter called the "State," Party of the First Part; and (the City of Beybo --n _), Haxris County, Texas, acting by and through its duly authorized officers under an IS /Ordinance /.. ^' , passed the day of , 19 , hereinafter called the "City," Party of -the Second Part, made to become effective When fully executed by both parties. r-: • W I T N E S S E T H: WHEREAS, the City /Cwul�y has authorized the installation of highway traffic signal(s) by an _ /Ordinance/ , passed on the day of 19 , at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof. AGREEMENT 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 provide for the actual construction, prepare plans and specifications, install said highway traffic signal(s) and supervise 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 con- struction as shown on the plans and described in the specifications. AGREMENT (TRAFFIC SIGNAL - OrF SYSTEM SIAUFETY FUNDS) 1 -4 11 -75 -1000 D-18 M M 81012 -6c 3. The City/r will operate and maintain tine highway traffic signal(s) upon completion of the installation(s) by the State. 4. The City /Getaxft -fit will pay all power costs for operating the signal(s). 5. The City /Gawnt7 will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 6. The City / agrees to enter into an escrow agreement to cover all expenses not reimbursed from Federal Funds that are incurred in a highway traffic signal installation not on a street designated b}r the Commission as•aar, t of a State System. •This-escrow agreement will be required prior to expending State Funds. 7. In the event the terms of this Agreement are in conflict with the pro- visions of any other existing agreements and /or contracts between the City /may and the State, this Agreement shall take precedence over the other agreements a.Id /or contracts. AGREEMENT (TW -.FIC SIGNAL - OFF SYSTEM SAFETY FUNDS) 2 -4 11 -75 -1000 D -18 �. . 81012 -6d IN TESTIMONY WIMEOF, the pnrt Iwi her4LO luive enut;ed Lhese presents to be executed in triplicate on the dates shmm hereinbelara. Executed on behalf of the City / tyw, this -day of ,19 ATTEST: By: Secretary for City - County Clerk Mayor - Gaimtcy APPROVED AS 'I0 FORM: General Attorneys for the City Be..Mt7 t- 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 and Public Transporta- tion Co=ission: Executed on behalf of the State, this day of ,19 By: Chief Engineer of Maintenance Operations REMMEN'DED FOR APPROVAL: AGRER4ENT (TRAFFIC SICN -AL - OFF SYSTEM SAFETY FUNDS) 3 -k District Engineer Engineer of Traffic 11 -75 -1000 D -18 81012 -6e EXHIBIT 1 ' LOCt1TIO11 (S) ' in Baytovyn at Intersections-of: Bob sm mth at North main Pruett at William' Harold%at Tdorth Main Stewart -at North'Main 'James at North Main• Hines - - Will iam .at . North Main Cedar Bayou at North Main _.. S ' i 1 l i • i - 1 s, S , ACHREMC•.M -1• SUNAL - OFF SYS'M SAFENY FUNDS) 11 -75 -1000 D -t8 4-4 STATE 01, TEXAS I COUNTY OF TRAVIS This AGREEMENT, dated this I a day of OC-f o be r- 19 78 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/ ailatirgivn, passed the / R day of v , 19 hereinafter called the "City," ry, / -eeun'y 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, the City/Gewopy has authorized the installation of highway traffic signal(s) by an Ordinance/ passed an the !Ja day of eU 197?, at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof. 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 provide for the actual construction, prepare plans and 5;p :r_ifications, install said highway traffic signal(s) and supervise construction. 2. The City/r hereby consents to the construction of the highway traffic signal(s) shown on EXHIBIT 1 by the approval of the location and manner of con- struction as shown on the plans and described in the specifications. AGREEMENT (TRAFFIC SIGNAL - OFF SYSTEM SAFETY FUNDS)11-75-1000 D-18 1-4 3. The City/ will operate and maintain the highway traffic signal(s) upon completion of the installation(s) by the State. 4. The City/GoaveWp will pay all power costs for operating the signal(s). 5. The City/GYmpt17 will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s) . 6. The City/VOMM, agrees to enter into an escrow agreement to cover all expenses not reimbursed from Federal Funds that are incurred in a highway traffic signal installation not on a street designated tay the Commission as part of: a State System. This escrow agreement will be required prior to expending State Funds. 7. In the event the terms of this Agreement are in conflict with the pro- visions of any other existing agreements and/or contracts between the City/ oy and the State, this Agreement shall take precedence over the other agreements and/or contracts. I } 1 tXX I i Ti] t I I' t it AGRE 1Ec;T (TRAFFIC SIGNAL - OFF SYSTEM SAFETY FUNDS)11-75-1000 D-18 2-4 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to he executed in triplicate on the dates shown hereinbelow. Executed on behalf of th ity/ Je twit , this /3 day of 19 7_' ATTEST: 7 Secretary for City - County Clerk Mayor - -Geoar lg• 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 and Public Transporta- tion Commission: Executed Bp behal •f the S ate, this " ay of 1978 . 1111111111115111. By. Ai& _.:01110 _ Chit/Engineer of Maintenance Operations APPROVED AS TO FORM: NDED FOR APPROV : General Attorneys for the City District Engineer Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL - OFF SYSTEM SAFETY FUNDS) 11-75-1000 D-18 3-4 411 EXHIBIT 1 LOCATION(S) In Baytown at Intersections of: Bob Smith at North Main Pruett at William Harold at North Main Stewart at North Main James at North Main Hines - William at North Main Cedar Bayou at North Main t. i.; rl i1 i I 1Iii AGREEMENT (TRAFFIC SICNAL - OFF SYSTEM SAFETY FUNDS) 11-75-1000 D-18 4-4 Form No. 1074 Rev. 7-72 CITY SECRETARY'S CERTIFICATE STATE OF TEXAS COUNTY OF Harris the duly appointed, qualified and acting city secretary of the City of Baytown Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance fe toe4* duly passed by the City Council at a meeting held on &J A. D. , 19 2k, at jp , 30 o'clock IP M. To certify which, witness my hand and seal of the City of Baytown Texas, this 3 day of 19 77 , at Baytown Texas. ity Secretary of the City of Baytown Texas 6