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HomeMy WebLinkAboutO-1971-886 := 'to -- . . :. . . ORDINANCE NO. ~886 AN ORDINANCE P~OVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JULY 12, 1971, BE~EEN THE STATE OF TEXAS AND THE CITY OF LA PORTE, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT(S) AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF LA PORTE; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. That the certain agreement dated July 26, 1971, between the State of Texas and the City of La Porte, for the installation, construction, existence, use, operation, and maintenance of certain highway traffic signal(s) at the loca- tion(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of La Porte, be and the same is hereby approved, and H. Carlos Smith, Mayor, is hereby authorized to execute said agreement on behalf of the City of La Porte, and to transmit the same to the State of Texas for appropriate action. Section 2. The fact that the improvements contemplated under the above mentioned agreement are needed, creates an emergency which for the immediate preservation of the public peace, health, safety, and general welfare requires that this Ordinance take effect from and after its passage, and it is accordingly so ordained. Section 3. Passed and approved, this the 26th day of July, A.D. 1971. ~" ...... ":- C'. ,.I' ~~ ::Ti?l~~;~ H. ar os Sm~t I Mayor . -:; :.... .. ...I'!""~ .~ .:/ f? " ~ ..,r. .... . . .',. . e LAW OFFICES KNOX w. ASKINS 122 S, BROADWAY P. 0, BOX 1218 LA PORTE, TEXAS 77571 GREENF"IELD 1-1886 June 28, 1971 Hon. Mayor and City Commissioners City of La Porte P.O. Box 1115 La Porte, Texas 77571 Re: Agreement with Texas Highway Department for Traffic Signals at New Highway 146 at South Avenue J Gentlemen: I have made the necessary corrections and additions to the contract documents submitted by letter of June 23, 1971, by the Texas Highway Department, referen.ce the above. The ordinance is for the approval of the signing of the contract. It is not necessary to use the resolution, nor is it neces- sary to use the City Attorney's Certificate as to the resolution, since the resolution is not being used. If the Commission approves this action, it should evidence it approval by passing the ordinance, which authorizes the mayor and city clerk to execute the agreements on behalf of the City. The copy of the agreement, which will be returned to the City by the State after execution by appropriate state officers, should be attached to the ordinance in the ordi- nance book. A copy of the title sheet tracing should also be retained in the City's records. ~e;:r~ Knox W. Askins KWA/fh Encl. I --' .... ;4:'"1 ~ , ~ ~. ~. ~."" i e COMMISSION , DEWITT C, GREER, CHAIRMAN HERBERT C, PETRY, JR, CHARLES E. SIMONS . STATE HIGHWAY ENGINEER J. C, DINGWALL TEXAS HIGHWAY DEPARTMENT P. O. Box 1386 Houston; Texas 77001 October 26, 1971 Traffic Signal - Agreement Harri s County Control 389-5 SH 146: Intersection South Avenue J . (Fairmont Parkway) Hon. H. Carlos Smith Mayor, City of La Porte P. O. Box 1115 La Porte, Texas 77571 Dear Sir: _e_ IN REPLY REFER TO FILE NO, ../ l Attached is a copy of the completed Agreement (Traffic Signal - TypelA) executed between the State and the City of La Porte to cover the State installation of a traffic signal at the subject location. This is for your information and files. Attachment Yours very truly, W. E. Carmichael District Engineer District No. 12 ,L':~'f. ~ ~,:: .! ,~ ~~. .. . .. :-- -. \t- I. e - STATE OF TEXAS I X COUNTY OF TRAVIS This AGREEMENT, made this 26th , July , 19 71 day of by and between the State of Texas, hereinafter called the "State", Party of the First Part; and the City of IA PORTE HARRIS County, .' Ordinance Texas, acting by and through its duly authorized officers under an ~~~.M~HH passed the 26th , hereinafter called the , 1971 July day of "City", Party of the Second Part: ]i!1l!~~~~.I~ WHEREAS, the City has authorized the installation, operation, and Ordinance 26 maintenance of highway traffic signal(s) by ~ passed on the th day of July , 19 71 , at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City: A.Q!E~~~l!l 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. The State will furnish the necessary funds for the actual con- struction, prepare plans and specifications, install said highway traffic signal(s), supervise construction, and upon completion of construction, will operate and maintain said highway traffic signal(s). AGREEMENT (TRAFFIC SIGNAL - TYPE lA) 1-70-764, D-l8T File 18.126-1 1-5' . .... .:".~.. ~ ~ .". 1...- ,.; .. L . . '. - "\ ~ I ,. .. i L . e 01 -=='\ 2. The State will reimburse the City for the cost of the electrical energy used in operating the highway traffic signal(s) as measured by means of a meter installed to serve the highway traffic signal(s), or as determined by same method other than a meter which is mutually acceptable to all parties concez;ned. The State's payment for the electrical energy shall be based on the minimum unit rate charged the City under the City's contract with the power agency supplying electrical energy to the City. In the event the electrical energy is supplied through a municipally owned electrical power generation system, the State's payment for the electrical energy shall be based on the I minimum unit rate appearing in the City's commercial rate structure. The City will forward the State two copies of its existing contract with the power agency for electrical energy, and thereafter as the existing or governing control is terminated and new contracts are executed. All requests for payment for electrical energy shall be properly certified and submitted by the City to the District Engineer of the State High- 77034 way Department at p.o. Box 34458. Houston , Texsrf. Such requests for payment shall be in accordance with forms prescribed by the State and shall be submitted at not less than monthly intervals. The City will maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this contract. When requested by the State the City will permit and assist in an audit by an auditor of the State Highway Department of this record or any other records of the City which pertain to the costs of electrical energy as covered by the terms of this agreement. AGREEMENT (TRAFFIC SIGNAL - TYPE lA) 1-70-764, D-18T File 18.126-2 2,,' . . e. "l .. , ;.~~~ - \i .:' ~ " I ., .e e 3. The City hereby consents to the construction of the highway traffic signal(s) shown on EXHIBIT 1 by the approval of the location and manner of construction as shown on plans and described in specifications attached hereto, " marked EXHIBIT 2, and made a part hereof. 4. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of the highway traffic signal(s) without written authority from the State Highway Engineer. 5. The State shall have the authority to make such changes in the , design and operation of the highway traffic signal(s) as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 6. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signa1(s). 7. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreements and/or Contracts between the City and the State, this Agreement shall take precedence over the other Agreements and/or Contracts. AGREEMENT (TRAFFIC SIGNAL - TYPE lA) 1-70-764, n-18T File 18.126-3 3-5 . e' . ~..;:t. ~.~ C,\ .;;. ~ 1" 1__ f ..a. ;;; "" . ,IF i. , .. . . IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: CITY or LA PORTE, TEXAS ~'~ $I '. ~ ... . v~ .ity Clerk BY%&~~~ Mayor ~+ ~ THE STATE OF TEXAS "' -. .IT- i4:~ 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 th State Highway Commission: - ....... {~;;~d General Attorneys for the City B IO-~.n Ch ef gineer of Maintenance Date l","O.'TY ,.OR O&?llrfcM>JJPACCO,...L.I....aD UND.... II.NUT. ORD.Il" NO. 10118.. RECOMMENDED FOR APPROVAL: b dJiA",,/~d~A'~/ District Engineer tI' -..{-:' 7/ Date 777. r. ~~ Engineer of Traffic Date Assistant Attorney General AGREEMENT (TRAFFIC SIGNAL - TYPE lA) 1-70-764, D-l8T File l8.l2()-4 4-5 . f- t ~.. t :if'" ':'. . t' - ..... -", ',.. C I . . .- . . EXHIBIT 1 LOCATION(S) SH 146 and Avenue J AGREEMENT (TRAFFIC SIGNAL - 'lYPE lA) 5..5 e 1-70-764, D-18T File 18.126-5 .~ I,. . /- ...... ....- \ ... I , I . . .. ! ., \ Form No. 1074 .... STATE OF TEXAS COUNTY OF ..... I, Virginia Cline clerk appointed, qualified and acting citY:DSX!lttmt)xof the City of , the duly lA .... Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance ~ll[~ duly passed by the City Council at a meeting held on July 26th A. D., 191.L, at 7:00 o'clock P. M. To certify which, witness my hand and seal of the City of IA Ji(RI Texas, this day of July 27th 19~, at La ;Porte , Texas. > y ... "",:'- ~~ Clerk IA fOIlII , Texas , ~,.. ~ .,...., 'l . . - - INDEX TO SHEETS NO. DESCRIPTION I. T ifle Sheel 2. Esfllllale S Quonll/y 511./ 3. cDndl;/Dn D/ogrom 4. Plon'Loyoul 5. . Elevallon A-A 6. ,ElevollDn B-B 7. Phose SeqlltlnclI Dlo9'OIf! 8. Con. Iru(;II_ DllloJl. 9. Conlrol/II' FoundollDn DlllolI. 10. Loop Ollftlclor OtIIQII. 1/. P'lInur. Del.clo; D./ol/, /2. PI/II SDZ De/all. 13. SId. Hwy, D.pI. Sorr/cod.. PRO~ IMPRO\lEMENT \ . . TEXAS PLA TRAF S.H. 14 1 . - . -, T 7 OF HIGHW.AY DEPARTME PROPOSED IMPROVEMEf\ PROJECT No.M-389-5 HIGHWAY, NO. S.H .146 TEXAS STATE .PLANS HARRIS COUNTY T RAFFle S'.H. 146 a SIGNALS W/SAFETY LIGHTlf SOUTH AVE. J !(FAIRMONT r IN LA PORTE , ot",;.,. =:.. .., :". , i} r - I , . _..,-. ,-' .{ ~TMENT EMENT OAT 6-13-71 J46 PLANS PREPARED LETTING WORK STARTED WORK COMPLETED STATE FORCES GHTING ONT PKWY.) Approved Date MEwor, City of La Porte CORRECT DATE SUPV. TRA~FIC EHoGINEER r-' j . I ~ 1 RECOMMENDED FOR APPROVAL I ENGINEER OF ,TRAFFIC I . :..,'-;' ~-. \ . ; . \. APPROVED I CHIEF ENGINEER OF MAIN'rENANCE . OPERATlON-S Sheet L of 13" , . . ~'-~ ,'~ ..,~i of "..,-, 't' ..........-....-..L~... ~.." ~---""., .~ (,. .... ~ " . , " ". . WIIf/' ~/~.': ,.... . <' !. .' '. SEE GENERAL FILES FOR COMPLETE SET OF PLANS .. .' ~ :----.,.---.:,...:..:~ '--:. . - -'- .- ;?''''-;;::-' ~............,,-., _"'" . J..---< . ..-...........,... .,,~,..... .' ..'., ...._-~.~,- .: I. 2. 3. 4. 5. 6. 7- 8. 9. 10. II. 12, 13. INl)E~ TO SHEETS NQ DESCRIPTION PtJII 8DZ Oelol/. SId. Hwy,O.pt. Borrlcod.. T ifle Sheet Esl/moM a Quonll'y $11., CondliltJII Dlogrom Plon'Loyoul Elwol/Dn A-A Ele"ollDR B-B Phose Stlft/enee DJog,om C on. IrucllDII Oelall. CDnlroller Foundol/Dn Oelalls Loop Oelec/or Delolls Prtl8Sure Delficlo; Oeloll. PRO~ IMPROVEMENT TRAFFIC S.H. 146 a s s t ~ A -;. t , I , CHIEF ENGINEER OF MAINTENANCE OPERATlON-S Sheet of .: - APPROVED ENGINEER OF TRAFFIC A5.-., RECOMMENDED FOR APPROvAL CORRECT MaNor, Approved SUPV TRA:=FIC ENGINEER City of La Por DATE Date TEXAS STATE HIGHWAY DEPARTMENT PLANS OF PROPOSED IMPROVEMENT . PROJECT No.M-389-5 HARRIS COUNTY . HIGHWAY, NO. S.H.146 I LETTING WORK STARTED WORK COMPLETED PLANS PREPARED DATE 6-13-71 STATE FORCES .., ", \. It( , ,t .,.,. .