Ordinance No. 11,968ORDINANCE NO. 11,968
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 ADDITIONAL MOWING AND LITTER
CONTROL MAINTENANCE ON SPUR 330 AND STATE HIGHWAY 146;
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 additional mowing and litter
control maintenance on Spur 330 and State Highway 146. 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
City of Baytown this the 28`h day of June, 2012.
ATTEST:
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APPROVED AS
the City Council of the
H. DONCARLOS,
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Exhibit "A"
STATE OF TEXAS §
COUNTY OF TRAVIS §
AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT
WHEREAS, on the 4th day of April 1968, the Texas Department of Transportation,
the "State" and the City of Baytown, the "City" entered into a Municipal Maintenance
Agreement intended to cover and provide for State participation in the maintenance of
state routes within the City; and
WHEREAS, the State under the aforementioned Agreement, provides mowing and
litter clean up maintenance on 228 acres on certain states routes with in the City,
including SP 330, BS 146 and SH 146; and
WHEREAS, the State conducts this mowing and litter control maintenance through
its mowing and litter control contractors; and
WHEREAS, the City desires to perform additional mowing and /or litter control
maintenance on the aforementioned state routes; and
WHEREAS, the City and the State agree to amend the existing Municipal
Maintenance Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed, as
hereinafter set forth, the City and State do mutually agree to the amendment as follows:
CONTROLLED ACCESS HIGHWAYS
State's Duties
2. Reimburse the City for mowing and clean up litter within the outermost curbs of the
frontage roads and assist in performing these operations between the right of way
line and in the outermost curb or crown line of the frontage road in undeveloped
areas. Reimbursement shall be limited to 3 mowing cycles per year (in
approximately May, July and October), and up to 12 litter cycles per year (on a
monthly basis). The rates of reimbursement shall be bases on the average 2012
mowing and litter pick up cost for Harris County. The average cost for each cycle
was $37.00 /acre for mowing and $12.00 /acre for litter clean up. Reimbursement
may be further limited if the state adopts a statewide policy reducing the number of
mowing cycles to less than three per year or the number of litter clean up cycles to
less than 12 per year. If the States policy changes to further reduce the State's
mowing or litter clean up cycles, the State shall notify the City, in writing, within
sixty (60) days of this change. If the State fails to notify the City as required under
this paragraph, the State shall be responsible for payments to the City in
accordance with the previously agreed upon reimbursement schedule.
City's Duties
5. Mow and clean up litter within the outermost curbs of the frontage roads and assist
in performing these operations between the right of way line and in the outermost
curb or crown line of the frontage road in undeveloped areas for a minimum period
of five (5) years.
6. Submit invoices for mowing and litter clean cycles at intervals as established
above.
The City agrees that for mowing and litter clean up, if performed by employees of the City,
the City shall show proof of self- insurance. If mowing and /or litter clean -up is performed by
a contractor(s) selected by the City through its selection process; the City shall require the
contractor(s) to have in place, insurance as evidenced by the State's Certificate of
Insurance form. The City will also require any contractor(s) to agree to indemnify and
save harmless the state from all claims and liability due the contractor(s) material or
activities of itself, its agent, or employees, performed under agreement with city that are
caused or may result from error, omission, or negligent act. Prior to any mowing or litter
clean up by the City, such evidence of self- insurance or certificate of insurance shall be
provided to State.
Termination
This Amendment is expressly made subject to the rights granted to TxDOT to terminate
this Amendment without cause upon notice and to the rights granted to the City to
terminate this Amendment without cause upon notice after five (5) years, and upon the
exercise of any such right by either party, this Amendment will terminate. TxDOT or the
City may terminate this Amendment upon notice at any time for a violation of the terms of
this Amendment. The termination of this Amendment does not affect any other provisions
of the existing Municipal Maintenance Agreement between the parties. If the City has
entered into a contract with a third party to perform any services under this Amendment,
this Amendment will continue in effect until the current term of the contract has expired.
In all other respect, the Agreement shall remain in force and effect without change.
IN TESTIMONY WHEROF, the parties hereto have caused this amendment to be
executed in duplicate. The Amendment becomes effective when last executed. In all other
respects, the Municipal Maintenance Agreement shall remain in full force and effect
without change.
THE CITY OF BAYTOWN
By:
City Manager
Date:
THE STATE OF TEXAS
Executed for the Executive Director and
approved by the Texas Transportation
Commission for the purpose and effect of
activating and /or carrying out the orders
and established policies or work
programs heretofore approved and
authorized by the Texas Transportation
Commission.
Approved:
By:
Michael W. Alford, PE
Houston District Engineer,
Texas Department of Transportation
Attested by: Date:
City Secretary