CC Resolution No. 687 1106
RESOLUTION NO. 687
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION FOR THE SURVEY, INSPECTION,
APPRAISAL, AND INVENTORY OF BRIDGES ON PUBLIC ROADS AND
STREETS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1 : That the City Council of the City of Baytown
hereby approves the agreement with the State Department of
Highways and Public Transportation and authorizes and directs
the Mayor and City Clerk of the City of Baytown to execute
and attest to said agreement . A copy of said agreement is
attached hereto , marked Exhibit "A, " and made a part hereof
for all intents and purposes .
Section 2 : This resolution shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this 28th day of
June 1979.
`/!?1fJ
4ETTT O. 3HUTT , Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
-�� R�-
SCOTT BOUNDS, City Attorney
1107
E X H I B I T "A"
1108
AGREEMENT FOR THE STATE TO SURVEY , INSPECT, APPRAISi:
AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS
THIS AGREEMENT, made this day of 19 by and
between the State Department of—R ghways anU—P—uE c Transportation,
Party of .the First Part, hereinafter called the "Department", and
a local government , or governmen--
taTTagency or entity;Partyy oche Second Part , acting by and through
its and by virtue of the authority shown on Exhib-
it attached ereto an made a part hereof.
W I T N E S S E T If
WHEREAS, the Party of the Second Part is owner of certain bridges
on public roads and streets within its jurisdiction; and
WHEREAS, Title 23, United States Cede as amended by the Surface
Transportation Act of 1978 , requires that,-an inventory , inspection and
appraisal be completed of all highway bridges on public roads and
streets; and
WHEREAS, it is incumbent upon the Department to assure accomplish-
ment of this work.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of mutual
covenants and agreements of the parties hereto to be by them respec-
tively kept and performed, as hereinafter set forth_ , it is agreed-as
follows:
1. The Party of the Second Part hereby grants permission to the
Department or its contracted Consultant, to perform on-site surveys
and inspections of bridges under its jurisdiction for the purpose of
developing inventory and appraisal information and data, and further
agrees to furnish available information and data concerning such
bridges, to the Department .
2 . All of the above described informat-ion and data shall be the
property of the Department. However, such information and data will
be provided to the Party of the Second Part upon request.
Attachment 1
1109
-2-
3 . Nothing herein is intended to change the respective respon-
sibilities under the laws of this State of the parties hereto. It
is expressly understood that the Department' s responsibility shall
be limited to the reasonably prompt conveyance of information and
data described in 2 above to the Party of the Second Part. Respon-
sibility for deciding upon the imposition of load restriction, clo-
sure, repair or other such action , shall remain that of the Party of
the Second Part.
IN TESTIMONY WHEREOF, the parties hereto have caused these pre-
sent to be executed in duplicate on the day above stated .
PARTY OF THE FIRST PART: PARTY OF THE SECOND PART:
DISTRICT ENGINEER, STATE DEPART-
MENT OF HIGHWAYS AND PUBLIC
THANISPORTATION
Name of GovEinmeTI-0 orZ;oev1e n-
mental Agency of Entity
By _ _
District�ng neer
District No. By: — —
Title of Executing__6Tric aT_
4101
AGREEMENT FOR THE STATE TO SURVEY , INSPECT, APPRAISE
AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS
THIS AGREEMENT , made this 28th day of June 1979 , by and
between the State Department of Highways and Public Transportation ,
Party of the First Part , hereinafter called the "Department" , and
the City of Baytown a local government , or governmen
tam—agency or entity, Party of the Second Part , acting by and through
its Mayor and by virtue of the authority shown on Exhib-
it attached hereto and made a part hereof.
WITNESSETH
WHEREAS, the Party of the Second Part is owner of certain bridges
on public roads and streets within its jurisdiction ; and
WHEREAS, Title 23, United States Code as amended by the Surface
Transportation Act of 1978 , requires that an inventory , inspection and
appraisal be completed of all highway bridges on public roads and
streets ; and
WHEREAS, it is incumbent upon the Department to assure accomplish-
ment of this work.
AGREEMENT
NOW, THEREFORE , in consideration of the premises and of mutual
covenants and agreements of the parties hereto to be by them respec-
tively kept and performed, as hereinafter set forth, it is agreed .as
follows :
1 . The Party of the Second Part hereby grants permission to the
Department or its contracted Consultant , to perform on-site surveys
and inspections of bridges under its jurisdiction for the purpose of
developing inventory and appraisal information and data , and further
agrees to furnish available information and data concerning such
bridges , to the Department .
2 . All of the above described information and data shall be the
property of the Department . However , such information and data will
be provided to the Party of the Second Part upon request.
Attachment 1
1
1010
i 4
2-
3 . Nothing herein is intended to change the respective respon-
sibilities under the laws of this State of the parties hereto. It
is expressly understood that the Department ' s responsibility shall
be limited to the reasonably prompt conveyance of information and
data described in 2 above to the Party of the Second Part . Respon-
sibility for deciding upon the imposition of load restriction, clo-
sure, repair or other such action , shall remain that of the Party of
the Second Part .
IN TESTIMONY WHEREOF, the parties hereto have caused these pre-
sent to be executed in duplicate on the day above stated .
PARTY OF THE FIRST PART: PARTY OF THE SECOND PART:
DISTRICT ENGINEER, STATE DEPART-
MENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION r.rTV F RpymnW1\J
Name of Government , or uoevern-
mental Agency of Entity
L:c$C::;?Bl
istrict rngin
41_II,_District No . /L By: i a-/-e,i27-4e1,1
Emmett 0. Hutto, Mayor
Title of Executing O TET1