Ordinance No. 5,149v
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ORDINANCE NO. 5149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE.MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
FOR THE BRIDGE CROSSING AT SPUR 55 TO CEDAR CROSSING;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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 approves an agreement with the State Department of
Highways and Public Transportation for the.bridge crossing at
Spur 55 Bridge to Cedar Crossing, and authorizes and directs the
Mayor and City Clerk of the City of Baytown to execute and attest
to said agreement. 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 immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ
City Council of the
November, 1988.
and PASSED by the affirmative vote of the
City of Baytown, this the 22nd day of
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ATTEST:
EILEE;Ni •15-. HALL, City Clerk
'RANDALL B. STRONG, City orney
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Harris and Chambers Counties
Control 3187 -1 &2
Spur 55: Attachment of a 12 -inch Water
Line and a 6 -inch Sewer Line to
Cedar Bayou Bridge
® CIE STATE OF TEXAS H
COUNTY OF TRAVIS H
THIS AGREEMENT, made on the dates shown hereinafter, by and between the
State of Texas, acting by and through the State Highway and Public
Transportation Commission, hereinafter called the "State ", and The City of
Baytown, Texas, a corporation hereinafter called the "City ", acting by and
through its , and by virtue of the authority
shown on Exhibit D attached hereto and made a part hereof.
W I T N E S S E T H
WHEREAS, the State is owner of a bridge on Spur 55 over Cedar Bayou in
Harris and Chambers Counties, Texas, and the City desires to use the bridge for
the purpose of installing, attaching thereto and supporting a 12 -inch water
® line and a 6 -inch sewer line; and
WHEREAS, it would be difficult and costly for the City to carry its
facilities on an independent structure; and
WHEREAS, the bridge is capable of supporting the load imposed by the
attachment when carried as indicated on Exhibit A, attached hereto.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of mutual covenants
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 hereby grants to the City the right, privilege and authority
to install and operate one 12 -inch water line and one 6 -inch sewer line on the
Spur 55 bridge over Cedar Bayou in Harris and Chambers Counties, Texas as shown
on Exhibit A which is attached hereto and made a part hereof.
2. The City shall, at its own expense, provide the necessary conduit,
fittings, brackets, plates, and /or other materials for the installation. All
labor, tools, equipment and incidental items shall be furnished by the City,
which shall assume the entire cost of the work authorized hereunder.
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EXHIBIT A
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3. Any future relocation of the line due to highway construction or
reconstruction will be made without cost to the State.
4. The City agrees to provide for the maintenance of its facilities on the
bridge. The City also agrees to install and maintain its facilities so as not
to inconvenience or interfere with highway traffic and will comply with
® governing laws and Texas State Department of Highways and Public Transportation
regulations and policies. Traffic control will be in accordance with the Texas
Manual on Uniform Traffic Control Devices for Streets and Highways. The City
will notify the State at least 48 hours prior to beginning the attachment work
or prior to performing maintenance on it in order that inspection may be
arranged if warranted. Should the City fail to maintain its facilities in a
condition acceptable to the State, the State, after notifying the City, will
perform the maintenance and bill the City for the cost or take other
appropriate action to ensure the safety and convenience of the traveling
public.
5. It is expressly understood that the State does not purport hereby to
grant any right, title, or easement in or upon this highway; it is further
understood that the State may require the City, at the entire cost of the City,
to temporarily or permanently remove any installation made by virtue of this
agreement, subject to the provisions of governing laws, by giving written
notice, when such removal is necessary to repair, construct, reconstruct,
and /or make changes in said bridge, provided reasonable time shall be allowed
the City to secure the materials and make necessary changes. It is understood
and agreed, however, that in the event of the abandonment by the State or the
destruction of all or a part of said bridge by flood, fire, or other causes,
the State shall be under no obligation to furnish any facilities to the City
under this agreement.
6. The City agrees to pay all damages accruing to the State, by reason of
injuries to the right of way, roadbed, pavement and /or bridge owned by the
State, when such damages are caused by the installation, existence, use, and /or
maintenance of, or removal of the City's facilities from the property of the
State. The City also agrees to indemnify and save harmless the State from any
and all claims, demands, actions, or causes of action, due to damage to
property or injury to or death of persons arising from or growing out of or in
any manner connected with the installation, existence, use of, maintenance or
or removal of said facilities and does hereby agree to indemnify the State
against all court costs, attorney fees and all expenses in connection with
suits for damage and shall, if so requested in writing, assist or relieve the
State from defending any such suits brought against it.
7. This agreement is to continue in force for as long as the City, its
successors or assignees maintain and operate said conduit attached to said
bridge, in actual use or in reserve for future use, unless terminated sooner
pursuant to terms of this agreement.
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,EXHIBIT .�
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate on the dates below state.
THE CITY OF BAYTOWN
By:
Title:
Date:
L�
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 Transportation Colanission:
By:
Luis Ybanez, P.E.
Bridge Engineer
Date:
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HISIT A
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