Ordinance No. 5,309890727 -2
ORDINANCE N0. 5309
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH THE STATE OF TEXAS FOR THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF A CONTINUOUS HIGHWAY
ILLUMINATION SYSTEM WITHIN THE CITY OF BAYTOWN; 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 authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an agreement with
the State of Texas for the construction, maintenance and
operation of a continuous highway illumination system within the
City of Baytown. 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 and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 27th day of July,
1989.
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
ANDALL B. STRONG, Ci ttorney
C:1:15:4
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEM WITHIN MUNICIPALITY
(100% Blanket)
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT dated this
day of , 19 , by and
between the State of Texas, hereinafter referred to as the "State ", party of the
first part, and the City of
County,
Texas, acting by and through its duly authorized officers under an ordinance or reso-
lution passed the day of , 19 , hereinafter called the
"City," party of the second part is made to become effective when fully executed by
both parties.
W I T N E S S E T H
WHEREAS, the City has requested the State to contribute financial aid in the
construction, maintenance and operation of a highway illumination system on freeways
and expressways as defined in Highway Commission Minute Order 82420. Within the
City, said illumination system hereinafter referred to as the "illumination system"
is to consist of continuous lighting to be built in sections as financed and
designated by the State Highway and Public Transportation Commission; and
WHEREAS, the Engineer - Director, acting for and in behalf of the State Highway and
Public Transportation Commission, has made it known to the City that the State will
construct said highway illumination system, conditioned that the City, as provided in
Highway Commission Minute Order No. 82420, will maintain and operate said illumina-
tion system.
1 -5
EF IDIT A
Form 1074
12 -84
2. MAINTENANCE AND OPERATION RESPONSIBILITIES
a. The City hereby agrees to furnish at its expense the electrical energy
required for proper operation of the illumination system, such electrical energy to
be provided at points on the illumination system as designated by the State. The
City further agrees to maintain and operate the illumination system in an efficient
and sightly condition, including the furnishing of all equipment and labor and making
any replacements which may become necessary, without cost to the State.
b. The City will assume maintenance and operation on a date to correspond with
the date construction of the illumination system is completed and accepted by the
State. The City hereby agrees to furnish at its expense the electrical energy con-
sumed by the system during the period of trial operation prior to acceptance by the
State. If the illumination system is constructed by sections, this provision shall
apply to each such separately constructed section.
C. The City will obtain written approval of the Engineer- Director before making
any changes in the design and /or operation of the illumination system as designed and
constructed by the State or before the removal of any part of the installation except
for the purpose of replacement where identical or accepted equivalent equipment to
that originally installed is used.
3. GENERAL
a. This Agreement shall remain in force for a period of two years from the date
that maintenance and operation responsibilities are first assumed by the City and
shall be automatically renewed for two year periods unless modified by mutual
agreement of both parties.
3 -5 Form 1074
12 -84
of
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City
on the day of
Public Transportation on the
19
ATTEST:
, 19 and the State Department of Highways and
day of
CITY OF
N I� -
(Title of igning 0 ficial)
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
Commission:
APPROVED:
By.
Engineer- Director
DATE:
5 -5 Form 1074
12 -84
EXHIBIT "D"
Description of Landlord'
I. LANDLORD AGREES TO FURNISH AN:
1. Landlord shall provide a r
one - thousand nine hundred
($1,900.00) toward the cor
interior of the demised pi
with attached Exhibit "A ".
1�
II. TENANT AGREES TO PROVIDE, PAY FOR, MAINTAIN, AND
INSTALL THE FOLLOWING:
1. All construction and improvement costs in excess
of the above stipulated construction allowance;
2. Any and all other requirements necessary to
open the premises for the business herein
authorized;
3. All trade fixtures or any other equipment
necessary for the conduct of Tenant's business.
INITIAL
GUARANI Y
[L1AR11tf1'Y OF MZZ Weed December 13, 1989 I-jy and between
Sparta Brook Realty Cora., 11621 1-10 East, Suite 115, Houston, TX 77029,
Lessor, and The City of Baytown, 11821 1-10 East, Suite 260, flouston, TX 77029,
Lessee.
1(M V7d.UMLr, cajsIl ;rt aOI4, receipt of which is hereby ad=dledged, the
undersigned Guarantor hereby urx:�orxiitionally and irrevocably guarantees the
full w-d faiti>.f'ul performance by 'Per'rarrt of all the tens, covenants aril
carxlitiais of tim above ref-erenred Lease, including, but not limited to, the
payment of all rant when maxi as the samxi became due. this Guaranty shall
rranain in full £oroa aril effect- - regardless of any amerdmant, inodification,
extension, calprani.se or release of any terur, ccrvenant or ootxliticui of ilia
Lease or any part thereto, as the case may be. The undersigned agrees to
indemnify iarklord against any and all liability, loss, costs, charges,
penalties, obligations, expenses, attorneys' fees, litigation, . juc3gen*j)ts,
damages, claims and dates of any )dx4 whatsoever in conrxaction with, arisirrf
out of or by reason oL- the assertim by IVxiant of any defense to its
obligations under the Vase or tlia assertion by Guarantor of any defense to its
obligations hereunder based on any action or inaction of Tenant. Guarantor
waives any right or claim of right to cause a marshalling of 'i'enant's assets to
proceed against Guarantor in any particular order arrd Guarantor agrees that any
payments or performance requixed to be made hereunder shall became due upon
deanar d in accordance with the term hereof immediately upon the happening of a
defeat under the Lease, whether or nut Guarantor has been given notion of such
default, and Guarantor hereby expressly waives and relinquishes ail -rights aril
remedies accorded by applicable law to guarantors, inolwJIM, but no limLted
to, rratice of demand, notion of default, any failure to pursue 'i�etsarit or its
property, any defense arising out of the absence, impairment or loss of any
right of reimbuzsezrY_-zt or subrogation azxi any defense arising by reason of any
defense of .L nant or by reason of the cessation or tlia liability of Ivnant of
any of the rights or r=ra dies reserved to Landlord pursuant to the provisions
of the said Lease, or by reason of stumary or other proceedlxgs against:
'nanant. If more than one person or entity is natured as Guarantor hereunder the
obligations of each shall be joint and several. This Guaranty shall expire
May 1, 1990.
Dated t-An day of
The City of Baytown by Emmett 0. Hutto
r •
09/28/02 THU 14:43 FAX 713 802 5900 TRAFFIC OPERATIONS Ii11004
09/25/02 09:54 FAX 7138025101 SIGNALS - 2ND FL Z 003/007
09/7.7i02 14:31 VAX 7138025188 TRANSPORTATION OPERATION Z 003/i 07
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATIONSYSOTEMF CWITHItiOMUNIGIPALITYUS HIGHWAY L`UMTNA7ION
100% Blanket)
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT dated this 28th day Of July 19 B9 . by and
between the State of, Texas, hereinafter referred to as 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 or reso-
lution passed the 27th day of July 19 89, hereinafter called the
City," party of the second part is made to become effective when fully executed by
both parties.
WITNESSETH
WHEREAS, the City has requested the State to contribute financial aid in the
construction. maintenance and operation of a highway illumination system on freeways
and expressways as defined In Highway Commission Minute Order 82420. Within the
City, said illumination system hereinafter referred to as the "illumination system"
is to consist of continuous lighting to be built in: sections as financed and
designated by the State Highway and Public Transportation Commission; and
WHEREAS, the Engineer-Director, acting for and in behalf of the State Highway and
Public Transportation Commission, has made it known to the City that the State will
construct said highway illumination system, conditioned that the City, as provided in
Highway Commission0iinute Order No. 82420, will maintain and operate said illumina-
tion system.
Form 107a
1-5 12-84
09/26/02 THU 14:43 FAX 713 802 5900 TRAFFIC OPERATIONS a 005
09/25/02 09:54 FAX 7U80251o1 y sioNALs - 2ND FL ®004/007
09/17/02 14:32 FAX 7138024.56 TRANSPORTATION O'PNRATION ooQipn7
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the 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- CONSTRUCTION RESPONSIBILITIES
a. The State will prepare or provide for the plans and specifications, adver-
tise for bids, let.the construction contract, or otherwise provide for the construc -
tion, and will supervise construction, reconstruction or betterment work as required
by said plans and specifications- As a project is developed to construction stage,
either as a unit or in ;increments, the State will submit plans and specifications of
the proposed work to the City and will secure the City's consent to construct the
lighting system prior to awarding the contract; said City consent to be signified by •
the signatures of duly authorized City officers in the spaces provided on the title
sheet of plans containing the following notation:
Attachment No, to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND
OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY, dated
The City-State construction, maintenance and operation responsibilities shall be
as heretofore agreed to, accepted, and specified in the Agreement to which these
plans are made a part-
b. All costs of constructing the illumination system will be borne by the
State, and the illumination system will remain the property of the State_
2 of 5 Form 1074
12-84
09/26/02 THU 14:44 FAX 713 802 5900 TRAFFIC OPERATIONS a 006
09/25/02 09:55 FAX 7138025101 SIGNALS - 2ND FL 005/007
09/17/02 14.3E FAX 71.39016186 TRANSPORTATLON OPERATION J005/007
i
2. MAINTENANCE `AND OPERATION RESPONSIBILITIES
a. The City hereby agrees to furnish at its expense the electrical energy
required for proper operation of the illumination system, such electrical energy to
be provided at points on the illumination system as designated by the State. The
City further agrees to maintain and operate the. illumination system in an efficient
and sightly condition, including the furnishing of all equipment and labor and making
any replacements which may become necessary, without cost to the State.
b. The City will assume maintenance and operation on a date to correspond with
the date construction of the illumination system 1s completed and accepted by the
State. The City hereby agrees to furnish at its expense the electrical energy con-
sumed by the system during the period of trial operation prior to acceptance by the
State. If the illumination system is constructed by sections, this provision shall ' •
apply to each such separately constructed section.
c. The City will obtain written approval of the Engineer-Director before making
any changes in the lesign and/or operation of the illumination system as designed and
constructed by the State or before the removal of any part of the installation except
for the purpose of replacement where identical or accepted equivalent equipment to
that originally installed is used-
3. GENERAL
a. This Agreement shall remain in force for a period of two years from the date
that maintenance and operation responsibilities are first assumed by the City and
shall be automatically renewed for two year periods unless modified by mutual
agreement of both parties.
3-5 Form 1074
12-84
09/26/02 THU 14:44 FAX 713 802 5900 TRAFFIC OPERATIONS 1 J007
09/25/02 09:55 FAX 7138025101 SIGNALS - 2ND FL a o00/o07
09/17/02 14:32 FAX 7138025189 TRAN5PoRTATION OPERATION Ej oo6/t,o7
b, The State will :not incur any financial obligation to the City as a result of
this Agreement.
c. This Agreement:may be terminated sixty (60) days' after the filing of a writ-
ten notice by either party of a desire for cancellation, The State reserves the
right to remove the illumination system upon cancellation of the Agreement.
d. If, at any time, the City does not maintain and operate the illumination
system in a satisfactory manner, the Statee reserves the right to either- arrange for
maintenance at the expense of the City or to remove the illumination system. Should
the illumination system be removed due to lack of maintenance, the City hereby agrees
to reimburse the State for the cost of removal_
4. INDEMNIFICATIO1
To the extent permiftted by law, &he City shall indemnify and save harmless the
State, its agents or employees, from all suits, actions or claims and from all liabi-
lity and damages for any and all injuries or damages sustained by any person or pro-
perty in consequence of any neglect in the performance, or failure of performance of
the City, its agents and employees under this Agreement.
4-5 Form 1074
12-84
09/26/02 THU 14:44 FAX 713 802 5900 TRAFFIC OPERATIONS 008
00/25/07 00:55 FAX 7138025101 SIGNALS - 2ND FL 2 007/007
09/17/02 14'32 FAa 7138025186 TRANSPORTATION OPERATION Eoo7/007
CF, the parties have thereunto affixed their signatures, the City
IN WITNESS WHERE
on the 28tb day of
of Ba town
19 89 and the State Department of Highways and
Public Transportation on the day of
19
ATTEST:
CITY OF Baytown
trY
iy 1 J 74274/,..e,..404°
T1t
Mayor
a pf S gnang, Official)
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
Commission:
APPROVED:
Traffic Operations Engineer
DATE: io- ,9-89
5-5 Form 1074
12-84
i