Ordinance No. 5,593 Published In: THE BAYTOWN SUN 900809-1
Tuesday, August 14, 1990
Wednesday, August 15, 1990
ORDINANCE NO. 5593
AN ORDINANCE AUTHORIZING THE INSTALLATION OF TRAFFIC-
CONTROL SIGNALS AT THE INTERSECTION OF ROBERT LANIER
DRIVE (LOOP 201) WITH NORTH PRUETT STREET; PROVIDING FOR
AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF
BAYTOWN FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,
USE, OPERATION , AND MAINTENANCE OF HIGHWAY SIGNAL
PROJECTS AT THAT LOCATION IN THE CITY OF BAYTOWN;
PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; REPEALING
THE DESIGNATION OF N. PRUETT STREET AT ROBERT LANIER
DRIVE (LOOP 201) AS A STOP INTERSECTION; AUTHORIZING
REMOVAL OF SAID SIGNS; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED AND N0/100 ( $200 . 00 )
DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, TEX.REV.CIV.STAT. art. 6701d provides that local
authorities in their respective jurisdiction may place and
maintain any traffic-control device upon any highway under their
jurisdiction as they may deem necessary , taking into
consideration the usual traffic flow of the streets or highways
within their jurisdiction. Said governing body may determine
that various local traffic-control devices are necessary and
shall direct said appropriate devices be erected by the passage
of an ordinance, which shall be effective when appropriate signs
giving notice thereof are erected at such intersection or other
place or part of the street or highway; and
WHEREAS, article 6701d further provides that no local
authority shall erect or maintain any traffic-control device at
any location so as to require the traffic on any State highway,
including Farm-to-Market or Ranch-to-Market roads, to stop or
yield before entering or crossing any intersecting highway unless
such device is erected and maintained by virtue or an agreement
entered into between such local authority and the State
Department of Highways and Public Transportation; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That on the basis of an engineering and traffic
study heretofore made as authorized by the provisions of
TEX.REV. CIV. STAT. art. 6701d, traffic control signals are
authorized to be placed at the intersection of Robert Lanier
Drive (Loop 201) with North Pruett Street.
Section 2: That an agreement between the .State of Texas and
the City of Baytown, for the installation , construction ,
existence, use, operation, and maintenance of certain highway
traffic signals at the intersection of Robert Lanier Drive (Loop
201) with North Pruett Street in the City of Baytown, attached
hereto as Exhibit "A, " be and the same is hereby, and the Mayor
of the City of Baytown is hereby authorized to execute said
900809-1a
agreement on behalf of the City of Baytown, and transmit the same
to the State of Texas for appropriate action.
Section 3 : That the designation of North Pruett Street at
Robert Lanier Drive (Loop 201) as a stop intersection is hereby
repealed, effective upon installation of the above-described
traffic control signals.
Section 4: The Director of Planning and Traffic is hereby
authorized to cause the removal of such stop signs.
Section 5 : All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 6 : If any provisions , section , exception ,
subsection, paragraph , sentence , clause or phrase of this
ordinance or the application of same to any person or set of
circumstances , shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 7: It shall be unlawful for a driver of a vehicle
to disobey the instructions of the signals placed in accordance
with the provisions of this ordinance , unless at the time
otherwise directed by a police officer.
Section 8: Any person who shall violate any provision of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine of not less than One and
No/100 ($1. 00) Dollar nor more than Two Hundred and No/ 100
($200 . 00) Dollars except minors who have passed their 14th
birthday but have not reached their 17th birthday shall be
punished by a fine of not more than One Hundred and No/ 100
($100.00) Dollars.
Section 9: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council . The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 9th day of August,
1990.
'EMETT O. HUTTO, Mayor
900808-1b
ATTESS�-
EI!,EEN P..;,4IALL, City Clerk
RANDALL B. STRONG, C1 Attorney
C:1:51:2
EXHIBIT Z
LOCATIONS
Loop 201 at Pruett in Baytown
EXHIBIT 1
s of TEXAS §
COMM OF TRAVIS §
AGM922M POR 7M
Il�IIA MM, CMUMMI ACID CIF
'IIiUM S GNATS MIIMN N IICEPAL
This ACC, made by and through the State of Texas, acting by and
through the State Department of Highways and Public Transportation,
hereinafter called the "State", and the City of Baytown ,
called the "City", actiM by and through its duly authorized
officers as evidenced by an Ordinance/2J67=tt=No. , passed the
day of , 19 , incorporated by reference.
WITNESSETH
idREFEAS, by virtue of a Mmicipal Maintenance Agreement entered into by
the City and the State, the City has authorized the State to maintain certain
highways within the City; and
MMMAS, from time to time the City requests the State to install highway
traffic signals cn such highways; and
i+IIAS, cn the 27th day of May, 1987, the State Highway and Public
Transportation oaamissiah passed Oamaissicn Minute Order No. 85777 adopting
rules codified =Ier Title 43, Texas A&Anistrative Code, Section 25.5,
authorizing the State to install, operate and maintain highway traffic signals
on: (a) highway routes not designated as full control of access inside the
corporate limits of cities, haviM a population less than 50,000 (latest
Federal Census) ; and (b) highways designated as full control of access in all
cities; and
. , the City has a popilation of over/less than 50,000 population
aocording to the latest Federal Cmnsus; and
AGRMOJP M' AMC SMAL - TYPE M) 1-5 08-89
�Ii�1T A
WHEREAS,, the City requests and agrees to be responsible for all expenses
incurred for furnidUng power to, and maintaining and operating highway
traffic signals within the City.
AGREEMENT
NOW, therefore, in consideration of the premises and of the mztual
covenants and g 3 of the parties hereto to be by them respectively kept
and performed, as hereinafter set forth, it is agreed as follows:
1. This Agreement shall apply to all existing highway traffic signal
systems shown on EXHIBIT 1.
2. 7his Agreement shall also apply to all highway traffic signal
installations and/or modernizations approved by both the State and City, the
City's approval being indicated by signature of the Mayor
on the plan title sheet.
3. The State will furnish the neoessary funds for the actual
construction, prepare plans and specifications, install and,/or mxdernice said
highway traffic signal(s) and supervise construction.
4. The City hereby consents to the constriction of the highway traffic
signal(s) by the approval of the location and manner of construction as shown
on plans and described in specifications.
5. The City will operate and maintain the highway traffic signal(s) at
their expense upon comQletion of the installation(s) by the State.
6. The City will pay all power costs for operating the highway traffic
signal(s), including all power necessary for installation and testing of the
highway traffic signal(s) prior to ampletion of the by the
State.
7. The City will obtain approval of the State Department of Highways and
AGFEDMTr ('IIMMC SIII1AL - TYPE M) 2-5 08-89
Public Iran partation before making any changes in the design of operation and
timing of the Z'ligtady traffic signal(s) or before removing any part of the
installation(s) .
8. The City will return any and all parts of said state highway traffic
signal allation(s) to the State should it (they) be removed by the City
for any reason other than for bwtallation on a state or Federal Numbered
highway route at a location approved by the State.
9. The City will be responsible for the police enforoenent required for
securing obedience to the highway traffic sign al(s) .
10. In the event the highway traffic signal(s) installed in accordance
with this Agreement become or are removed for any reason, this
Agreement on those signals shall terminate.
ii. To the extent permitted by law, the City shall indemnify and save
harmless the State, its agents, officers or employees, from all suits, actions
or claims and from all liability and damages for any and all injuries or
damages sustained by any person or property in consequence of any neglect in
the performance, or failure of performance of the City, its agents, officers
and employees undler this Agreement.
12. The State will not incur any financial obligation to the City as a
result of this Agreement.
13. A. Mis Agreement may be terminated by any of the following
oonditias:
(1) By wbual agreement and omsent of both parties.
(2) By the State upon thirty (30) days written notice to the City
for failure of the City to provide adequate maintenance and
operation services for those highway traffic signal
AGMM MUM SaL - TYFE 1Q 3-5 08-89
installatian(s) which the City has agreed to maintain and
operate.
(3) By the City upon one hundred and twenty (120) days written.
notice to the State.
B. In the event this agreement is terminated by any of the above
cm ditiaLs, the power, and and operation of the
highway traffic signal system(s) shall beoane the responsibility
of the State. Any state owned equipment being held by the City
shall be prc eptly returned to the State upon termination of this
Agreement.
AGRM4Mr MUMC SAL - ZEE M) 4-5 08-89
IN WITNESS WWWF, the State and the City have signed duplicate
counterparts of the agreement.
mm CITY OF Baytown UM BATE OF TE W
BY: Certified as being executed for the purpose
and effect of activating and/or carrying out
the orders, established policies, or work
r ped Name progrea heretofore approved and authorized by
the State High%my and Public Transportation
Omni ion under the authority of Minute Omer
Title 82513.
Date
APFFOVID:
ATTEST• By:
Traffic Operations Engineer
City Secretary
DATE:
ALMEBO1T ETC SD21L - TYFE ?Q 5-5 08-89