Ordinance No. 6,685930708 -2
ORDINANCE NO.'6685
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
• EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION,
EXISTENCE, USE, OPERATION AND MAINTENANCE OF A HIGHWAY
TRAFFIC SIGNAL AT THE LOCATION SHOWN ON EXHIBIT "1,"
ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF
BAYTOWN, TEXAS; 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 installation, construction, existence, use,
operation and maintenance of a highway traffic signal at the
location shown on' Exhibit 111," attached hereto and made a part
hereof, in the City of Baytown, Texas. 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 8th day of July,
1993.
PETE C. ALFARO, Mayor
ATTEST:
2 1
EILEEN F. HALL, City Clerk
ACID RAMIREZ, SR. City Attorney
• ftaU— iln- &-"WMdTAT&dvd
AORZZNMNT FOR
CITY TO ASfidM OPERATION
AND XILXNTENANCE OF
EXISTING SIGNALS WMW ANNEXED
• BY CITY OV 50,000- ObVOLATION
OR CITY GROWS TO OVER
50,000 POPULATION
THE STATE OF TEXAS S
S
COUNTY OF HARRIS, S
AND $
COUNTY OF CHAMBERS $
This AGREEMENT, dated this A_ day of , 19 L3,
by and between the State of Texas, hereinafter all the "State,"
Party of the First Part; and the City of Baytown, Harris and
Chambers Counties, Texas, acting by and through its duly authorized
officers under an Ordinance passed the 8th day of July, 1993,
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 8 8 S T H
WHEREAS, there is one highway traffic signal in place at the
location shown on' Exhibit "1," attached hereto and made a part
hereof, said highway traffic signal having been installed,
operated, and maintained by the State at a time when said location
was not within the corporate limits of a City of 50,000 population
or over; and
WHEREAS, said location is now within the corporate limits of
a City of 50,000 population or over; and
WHEREAS, the State under the provisions of Title 43, Texas
Administrative Code, Section 25.5, has authority to install,
operate and maintain traffic signals on freeway type highways in
all cities and on other highway routes in cities of less than
50,000 population (latest Federal census); and
WHEREAS, the City has requested the State to leave the highway
traffic signal in place at the location shown on Exhibit 111" and
has authorized the continued existence, use, operation, and
maintenance of the highway traffic signal by Ordinance passed on
the 8th day of July, 1993.
A 0 R R 3 X 3 N T
• NOW THEREFORE, in consideration of the premises and of the
mutual covenants and agreements of the parties hereto to be by them
R
respectively kept and performed, as hereinafter set forth, it is
agreed as follows: EXHIBIT A
1. The State will leave the highway traffic signal in place at
the location shown on Exhibit "1."
2. For locations listed on Exhibit "1" as non - freeway locations:
2.1 The City will operate and 'maintain the signal at their
expense.
2.2 The City will pay all power costs for operating the
signal.
2.3 The City shall be the responsible authority to make
changes in the design and operation of the highway
traffic signal as it may deem necessary and advisable to
promote the safe, convenient and orderly movement of
traffic.
2.4 The City will return any and all parts of said highway
traffic signal installation(s) to the State should it 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.
2.5 To the extent permitted by law, the City shall indemnify
and save harmless the State, its agents 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 and employees under this Agreement.
3. For locations listed on Exhibit "1" as freeway locations:
3.1 The State will operate and maintain the signal at their
expense,
3.2 The State will pay all power costs for operating the
signal.
3.3 The City will exercise no control whatsoever over the
operation, maintenance, use, or existence of the highway
traffic signal without written authority from the Texas
Department of Transportation.
3.4 The State shall have the authority to make such changes
in the design and operation of the highway traffic signal
as it may deem necessary and advisable to promote the
safe, convenient, and orderly movement of traffic.
2
4. General conditions for the location shown on Exhibit 111."
4.1 The City will be responsible for the police enforcement
required for securing obedience to the highway traffic
• signal.
4.2 In the event the signal installation covered by this
agreement becomes unnecessary or is removed for any
reason, this agreement shall terminate.
4.3 The State will not incur any financial obligation to the
City as a result of this agreement.
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in duplicate on the dates shown
hereinbelow.
Attest:
'z
Eileen P. Hall, City Clerk
k j#M-@ WWSTArE*Pd
Executed on behal of the City, this
,L day of , 19 Q�
Pete C. Al aro, Mayor
THE STATE OF TEXAS
Certified a being executed for the
purpose and effect of activating
and /or carrying out the orders,
established policies, work programs
heretofore approved and authorized
by the Texas Transportation
Commission under the authority of
Minute Order 100002.
Approved:
By
Traffic Operations Engineer
Date:
3