Ordinance No. 6,269920625 -1
ORDINANCE NO. 6269
• 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 INSTALLATION, OPERATION
AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN THE CITY OF
BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
40
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 installation, operation and
maintenance of traffic signals 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 25th day of June,
1992.
/; � 0 41 Z'44�11
BOBBY/e#/'. CR DILLS, Mayor
ATTEST:
ET-E ET-EEN P. , C ty Clerk
4%.Ole'L "�
G ACIO RAMIREZ, , City Attorney
C:1:13:1
• STATE OF TEXAS
COUNTY OF TRAVIS §
40
AGREEMENT FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF
TRAFFIC SIGNALS WITHIN MUNICIPALITY
This AGREEMENT, made by and through the State of Texas, acting by and
through Texas Department of Transportation, hereinafter called the "State ",
and the City of Baytown . hereinafter called the "City ", acting by
and through its duly authorized officers as evidenced by an
Ordinance /Resolution No. , passed the day of
19 , hereinafter incorporated by reference.
W I T N E S S E T H
IF
WHEREAS, on the 27th day of May, 1987, the State Highway and Public
Transportation Commission passed Commission Minute Order No. 85777 adopting
rules codified under Title 43, Texas Administrative 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, having a population less than 50,000
(latest Federal Census); and (b) highways designated as full control of
access in all cities; and
WHEREAS, the City has a population of over 50,000 population according
to the latest Federal Census; and
WHEREAS, the City requests and agrees to be responsible for all
expenses incurred for furnishing power to, and maintaining and operating
highway traffic signals within the City.
AGREEMENT (TRAFFIC SIGNAL -TYPE M)MOD Page 1 08 -89
EXHIBIT A
• A G R E E M E N T
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. This Agreement shall apply to all existing highway traffic
signals shown on EXHIBIT 1, approved by both the State and City, the City's
approval being indicated by signature of Mayor, on the plan title sheet.
2. The State will furnish the necessary funds for the actual
construction, prepare plans and specifications, install and /or modernize
said highway traffic signal(s) and supervise construction.
3. The City hereby consents to the construction of the highway
traffic signal(s) by the approval of the location and manner of
construction as shown on plans and described in specifications.
4. The City will operate and maintain the highway traffic signal(s)
at their expense upon completion of the installation(s) by the State.
5. 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 completion of the
installation by the State.
6. The City will obtain approval of the Texas Department of
Transportation before making any changes in the design of operation and
timing of the highway traffic signal(s) or before removing any part of the
installation(s).
7. The City will return any and all parts of said state highway
traffic signal installation(s) to the State should it (they) be removed by
the City for any reason other than for installation on a State or Federal
• Numbered highway route at a location approved by the State.
AGREEMEMT (TRAFFIC SIGNAL -TYPE M)MOD Page 2 08_89
• 8. The City will be responsible for the police enforcement required
•
for securing obedience to the highway traffic signal(s).
9. In the event the highway traffic signal(s) installed in
accordance with this Agreement become unnecessary or are removed for any
reason, this Agreement on those signals shall terminate.
10. 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 under this Agreement.
11. The State will not incur any financial obligation to the City as
a result of this Agreement.
12. A. This Agreement may be terminated by any of the following
conditions:
(1) By mutual agreement and consent 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
installation(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 conditions, the power, and maintenance and operation
AGREEMENT (TRAFFIC SIGNAL -TYPE M)MOD Page 3 08 -89
• of the highway traffic signal system(s) shall become the
•
responsibility of the State. Any state owned equipment
being held by the City shall be promptly returned to the
State upon termination of this agreement.
(TRAFFIC SIGNAL -TYPE M)MOD Page 4 08 -89
•IN WITNESS WHEREOF, the State and the City have signed duplicate
counterparts of the agreement.
r 1
U
THE CITY OF
BY:
Typed Name
Title
Date
ATTEST:
City Secretary
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 Texas Department
of Transportation Commission under
the authority of Minute Order
100002.
APPROVED:
By:
Traffic Operations Engineer
Date:
AGREEMENT (TRAFFIC SIGNAL -TYPE M)MOD Page 5 08 -89
•
LI
STATE OF TEXAS
COUNTY OF HARRIS
I,
, 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 ordinance4*::: duly passed by the
City Council at a meeting held on
19_, at o'clock M.
, A.D.,
To certify which, witness my hand and seal of the City of
Baytown , Texas, this
day of
, 19_, at Ba town , Texas.
City Secretary of the City of
Baytown , Texas
11 -91
STATE OF TEXAS §
COUNTY OF HARRIS §
AGREEMENT FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF
TRAFFIC SIGNALS WITHIN MUNICIPALITY
This AGREEMENT, made by and through the State of Texas, acting by and
through Texas Department of Transportation, hereinafter called the "State" ,
and the City of Baytown , herinafter called the "City", acting by
and through its duly authorized officers as evidenced by an
Ordinance/Resolution No. 6269 , passed the 25th day of June ,
1992, hereinafter incorporated by reference.
W I T N E S S E T H
WHEREAS, on the 27th day of May, 1987, the State Highway and Public
Tranportation Commission passed Commission Minute Order No. 85777 adopting
rules codified under Title 43, Texas Administrative 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, having a population less than 50, 000
(latest Federal Census) ; and (b) highways designated as full control of
access in all cities; and
WHEREAS, the City has a population of over 50, 000 population according
to the latest Federal Census; and
WHEREAS, the City requests and agrees to be responsible for all
expenses incurred for furnishing power to, and maintaining and operating
highway traffic signals within the City.
AGREEMENT (TRAFFIC SIGNAL-TYPE M)MOD Page 1 08-89
A G R E E M E N T
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. This Agreement shall apply to all existing highway traffic
signals shown on EXHIBIT 1, approved by both the State and City, the City's
approval being indicated by signature of Mayor on the plan title sheet.
2. The State will furnish the necessary funds for the actual
construction, prepare plans and specifications, install and/or modernize
said highway traffic signal (s) and supervise construction.
3. The City hereby consents to the construction of the highway
traffic signal(s) by the approval of the location and manner of
construction as shown on plans and described in specifications.
4. The City will operate and maintain the highway traffic signal(s)
at their expense upon completion of the installation(s) by the State.
5. 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 completion of the
installation by the State.
6. The City will obtain approval of the Texas Department of
Transportation before making any changes in the design of operation and
timing of the highway traffic signal (s) or before removing any part of the
installation(s) .
7. The City will return any and all parts of said state highway
traffic signal installation(s) to the State should it (they) be removed by
the City for any reason other than for installation on a State or Federal
Numbered highway route at a location approved by the State.
AGREEMEMT (TRAFFIC SIGNAL-TYPE M)MOD Page 2 08-89
8. The City will be responsible for the police enforcement required
for securing obedience to the highway traffic signal(s) .
9. In the event the highway traffic signal (s) installed in
accordance with this Agreement become unnecessary or are removed for any
reason, this Agreement on those signals shall terminate.
10. 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 under this Agreement.
11. The State will not incur any financial obligation to the City as
a result of this Agreement.
12. A. This Agreement may be terminated by any of the following
conditions:
(1) By mutual agreement and consent 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
installation(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 conditions, the power, and maintenance and operation
AGREEMEMT (TRAFFIC SIGNAL-TYPE M)MOD Page 3 08-89
of the highway traffic signal system(s) shall become the
responsibility of the State. Any state owned equipment
being held by the City shall be promptly returned to the
State upon termination of this agreement.
AGREEMEMT (TRAFFIC SIGNAL-TYPE M)MOD Page 4 08-89
IN WITNESS WHEREOF, the State and the City have signed duplicate
counterparts of the agreement.
THE CITY OF BAYTOWN THE STATE OF TEXAS
BY: Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
Bobby J. Credille established policies, or work
Typed Name programs heretofore approved and
authorized by the Texas Department
Mayor of Transportation Commission under
Title the authority of Minute Order
100002.
Date
APPROVED:
ATTEST: By:
Traffic Operations Engineer
City S cretary
Date:
AGREEMEMT (TRAFFIC SIGNAL-TYPE M)MOD Page 5 08-89
EXHIBIT 1
LOCATIONS
CITY OF BAYTOWN
SPUR 330 AT BAYWAY DRIVE
SPUR 330 AT BAKER ROAD
SPUR 330 AT ROLLINGBROOK
SPUR 330 AT AIRHART
SPUR 330 AT LOOP 201
EXHIBIT 1