Ordinance No. 10,827ORDINANCE NO. 10,827
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT WITH
THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE FURNISHING, INSTALLING, OPERATION,
AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-
WAY TO MONITOR COMPLIANCE WITH TRAFFIC CONTROL SIGNALS;
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
the City Manager to execute an Amendment to the Municipal Maintenance Agreement with the
State of Texas through the Texas Department of Transportation for the furnishing, installing,
operation, and maintenance of cameras on State highway rights-of-way to monitor compliance
with traffic control signals. A copy of said amendment is attached hereto as Exhibit "A," and
incorporated herein 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/f the City Council of the
City of Baytown this the 14th day of February, 2008.
PHEN H. DONCARLOS, Mayor
ATTEST:
KELVIN KMAUF, Interim CfiV Clerk
APPROVED AS TO FORM:
<a^w«.
ACIO RAMIREZ, SR.,(Oity Attorney
R:\Karen\Files\CiiyCouncil\Ordinances\2008\February l4\TxDOTAmeiidmenl4RedLightCamerasNROW.doc
EXHIBIT "A"
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THF FURNISHING, INSTALLING, OPERATION AND
W ITNESSETH
and roadways in the
City eXeCUt6d a Munidpal M**n«c. Agreement on September
AMENDMENT
ARTICLE 1. CONTRACT PERIOD
ARTICLE 2. TERMINATION
This amendment may be terminated by one of the following conditions-1) By mutual agreement of both parties-"unions.
MMA Amendment Panp 1 nf A Hage1of4 November 3, 2006
3) By either party upon thirty (30) days written notice to the other.
ARTICLE 3. COMPENSATION
No compensation shall be paid for this amendment.
ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City will use labor and supervisory personnel employed directly by the City or its contractor and use City owned or contactor owned machinery, equipment, and vehicles necessary for the work In the event that the City or its contractor does not have the machinery, equipment and rSS^^T^ ^ W°rk ^ maChlnery eqit d h'l be
B. No reimbursement shall be paid for any materials supplied by the City or its contractor C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to
reconstruction or alteration of the intersection shall be performed by the City at the City's
expense The State will work with the City to provide adequate notice of any planned work to allow for the necessary modification or removal.
°' ^ntnrnlachati.?K Or "5intenJ"M WOrk Performed bVtne City or its contractor requiring traffic control shall be performed in accordance with the Texas Manual on Uniform Traffic Control
LJ&VIC&S.
ARTICLE 5. INSPECTION OF WORK
A. The City or its contractor will furnish the State a complete set of design drawings and
installation plans for review. The installation plans shall include all electrical, electronics
signing, c.v.l and mechanical work pertaining to the camera monitoring equipment
B. The State reserves the right to inspect and request modification of any camera monitoring
equipment under th.s agreement both prior to and after installation. No installation may occur until the State has approved the proposed installation. V
C. The State reserves the right to inspect and approve the completed installation
D. The State will promptly notify the City or its contractor of any failure of materials, equipment or .nstaHation methods, and the City or its contractor will take such measures necessa^ to ob a^i acceptable systems components and installation procedures without delay.
ARTICLE 6. RESPONSIBILITIES OF THE PARTIES
The parties agree that neither party is an agent, servant, or employee of the other oartv and each
party agrees ,t is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. The State shall not be held responsible for the operation (or non-operation) of the camera monitoring equipment oTfor any effect it may have.
The City is responsible for any damage that may occur to state equipment during the installation
main enance or operation of the camera monitoring equipment. The City is responsible for
maintaining the camera monitoring equipment and related signing in good working order and keeping such equipment free from graffiti. 9 omer ana
ARTICLE 7. DE-ACTIVATION OF CAMERA MONITORING EQUIPMENT
The State reserves the right to disconnect and remove camera monitoring equipment from the traffic signals should any problem arise affecting the State. The State will notify the appro^riafe
MMA Amendment Page 2 of 4 November 3, 2006
SShi°fflC8fh0f ?■! de-activation of the camera monitoring equipment. Upon correction of the problem, the City may reconnect the camera monitoring equipment. orrectl0n 0T tne
ARTICLE 8. INSTALLATION REQUIREMENTS
ARTICLE 9. REPORTS
ofthe !£Effi££ Kent ""^'° "** ^ ^ With date
ARTICLE 10. REMEDIES
°f *****ter™ by the City sha" be 9rounds for termination of the
ARTICLE 11. INSURANCE
complete. If coverage ,s not maintained, all work on State right of way shall
ARTICLE 12. SUCCESSORS AND ASSIGNS
ARTICLE 13. LEGAL CONSTRUCTION
^SSSSSSiS id, illegal, or unenforceable provision had never been contained herein
MMA Amendment . page 3 of 4 November 3, 2006
ARTICLE 14. NOTICES
All notices to either party by the other required under this amendment shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following
resoective aririrpsspej-a
City:
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
State:
Texas Department of Transportation
Attn: District Engineer
P.O. Box 1386
Houston, TX 77251
All notices shall be deemed given on the date so delivered or so deposited in the mail unless otherw.se provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein.
ARTICLE 15. GOVERNING LAWS AND VENUE
This amendment shall be construed under and in accordance with the laws of the State of Texas K"8 ^ Q ^ *"** °bligati°nS Under thiS agreement must be *»ed? S
ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED
This amendment constitutes the sole and only agreement of the parties hereto and supersedes SZr 9S ^ Writt6n °r °ral 39reementS ^ th rti ^S ?SS!
ARTICLE 17. REVISIONS TO EXHIBIT A
5£ listed in Exhibit A may be made if submitted in writing by the Ci*and
WHEREOF, the State and the City have signed duplicate counterparts of this
THE CITY OF BAYTOWN
Executed on behalf of the City by:
Bv_ Date Garrison C. Brumback, City Manager "
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the IZSmfh ^T * ^^Z9 ""** Carrying out the orders> eslabliahed policresTwo programs heretofore approved and authorized by the Texas Transportation Commission.
District Engineer Date
MMA Amendment page 4 Of 4 November 3, 2006
Exhibit "A'
1. Southbound Hwy. 146 at N. Alexander Dr. (near Ferry Road)
2. Southbound Garth Rd. at Hwy. 146
3. Northbound Garth Rd. at I-10
4. Southbound Garth Rd. at I-10
. Southbound Business 146 at Wyoming St.
6. Northbound North Alexander at Hwy. 146
Exhibit "A." Page Solo