R2004-146 09-13-04RESOLUTION NO. R2004-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF FM 518 AND YOST ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and the
Texas Department of Transportation, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Texas Department of Transportation for
traffic signal improvements at the intersection of FM 518 and Yost Road.
PASSED, APPROVED and ADOPTED this the 13th day of September ,
A.D., 2004.
ATTEST:
G LO~I~G, ~'RM/~/ ~
ECRETARY --
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
T'~::)'Er"~E I D
MAYOR
STATE OF TEXAS
COUNTY OF TRAVIS
Contract No
Exhibit "A"
Resolution No. R2004-146
AGREEMENT FOR STATE TO INSTALL
OPERATE, AND MAINTAIN
INDIVIDUAL SIGNALS IN CITY
UNDER 50,000 OR FREEWAY SIGNALS
IN CITY OVER 50,000 POPULATION
THIS AGREEMENT is made by and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the "State", and the City of
Pearland , Texas, acting by and through its duly authorized officers
hereinafter called the "City," is made to become effective when fully executed by both
parties.
WITNESSETH
WHEREAS, Transportation Code {}221.002 authorizes the State and the City to agree to
provide for the location, relocation, improvement, control, supervision and regulation of
state highways within the City; and
WHEREAS, the City has authorized the installation, operation, and maintenance of
highway traffic signals by ordinance or resolution adopted on September 13 ,20 04
at the locations shown on Exhibit 1 - Locations, attached hereto and made a part hereof;
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 State wishes to cooperate with the City in the installation of traffic signals
at the locations shown in Exhibit 1 - Locations.
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:
AGREEMENT
Article 1. The City will furnish the necessary funds for the actual construction, prepare
plans and specifications, and install said highway traffic signals. The State will furnish the
signal controller, supervise construction and, upon completion of construction, will furnish
the power and operate and maintain said highway traffic signals.
Article 2. The City hereby consents to the construction of the highway traffic signals
shown on Exhibit 1 - Locations by the approval of the location and manner of construction
as shown on the plans and described in the specification.
Article 3. The City will exercise no control whatsoever over the operation, maintenance,
use, or existence of the highway traffic signals without written authority from the Texas
Department of Transportation.
TRF -TEA2
Traffic Signal - Type I (MOD)
Page 1 of 4
Revised 6/20/03
Contract No
Article 4. The State shall have the authority to make such changes in the design and
operation of the highway traffic signals as it may deem necessary and advisable to
promote the safe, convenient, and orderly movement of traffic.
Article 5. The City will be responsible for the police enforcement required for securing
obedience to the highway traffic signals.
Article 6. In the event the signals installed in accordance with this Agreement become
unnecessary or are removed for any reason, this Agreement shall terminate.
Article 7. The State will not incur any financial obligation to the City as a result of this
Agreement.
Article 8. The State will retain ownership of all materials and equipment furnished and
installed under this Agreement.
Article 9. The City acknowledges that it is not an agent, servant, or employee of the State
and thus, is responsible for its own acts and deeds and for those of its agents or
employees during the performance of the work defined in this Agreement.
Article 10. This Agreement may be terminated by any of the following conditions:
(a) By mutual consent and agreement of the parties hereto.
(b) In the event the population of the City exceeds 50,000, in accordance with the latest
Federal Census.
(c) By the State, if the State finds termination to be in the public interest.
Termination of this Agreement shall extinguish all rights, obligations, and liabilities of
the parties hereto.
Article 11. Any changes in the provisions of this Agreement or obligations of the parties
hereto shall be enacted by a written amendment executed by both the State and the City.
Article 12. In case one or more of the provisions contained in this Agreement shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions hereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
Article 13. All notices to either party by the other required under this Agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such
party at the following respective addresses:
City:
The Honorable Tom Reid
Mayor, City of Pearland
3519 Liberty Drive
Pearland~ Texas 77581
State:
Mr. Gary K. Trietsch~ P. E. District Engineer
Texas Department of Transportation
P. O. Box 1386
Houston~ Texas 77251-1386
TRF -TEA2
Traffic Signal - Type I (MOD)
Page 2 of 4
Revised 6/20/03
Contract No
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise 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 14. The state auditor may conduct an audit or investigation of any entity receiving
funds from the state directly under the contract or indirectly through a subcontract under
the contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds.
Article 15. This Agreement constitutes the sole and only agreement between the parties
hereto and supersedes any prior understandings or written or oral agreements respecting
the within subject matter.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
in duplicate on the dates shown hereinbelow.
THE CITY OF PEARLAND
Executed on behalf of the City by:
Date
September 13, 2004
Typed or Printed Name and Title Bill Eisen, City Manager
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the Texas
Transportation Commission.
.~ Hous~"Distri~t E3qineer '
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Traffic Signal - Type I (MOD)
Page 3 of 4
Revised 6/20/03
Contract No
EXHIBIT 1 - LOCATIONS
FM 518 AT YOST BOULEVARD-SHADYCREST DRIVE
IN PEARLAND
TRF -TEA2
Traffic Signal - Type I (MOD)
Page 4 of 4
Revised 6/20/03
SEP $0~04 ~:~ N~.O04 P.02
RESOLUTION NO. R2004.14R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF FM ,518 AND YOST ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and the
Texas Department of Transportation, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Texas Department of Transportation for
traffic signal improvements at the intersection of FM 518 and Yost Road.
PASSED, APPROVED and ADOPTED this the 13th day of September ,
A.D., 2004.
ATTEST:
I~'S ECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
MAYOR
STATE OF TEXAS §
COUNTY OF BRAZORIA §
I, Younq Lorfinq , the duly appointed, qualified and acting
City Secretary of the City of Pearland , Texas, hereby
certify that the foregoing pages constitute a true and correct copy of an
ordinance/resolution duly passed by the City Council at a meeting held
on Se_~tember 13 ,20 04 , A.D. at 7:30 o'clock P M
To certify which, witness my hand and seal of the City of
Texas, this 15th day of September ,20 04 ,
at Pearland , Texas.
Pearland
~d
, Texas
TRF - TEA37
City Secretary's Certificate
Page 1 of 1
Revised 9/9/03
Texas Department of Transportation
P.O. BOX 1386•HOUSTON,TEXAS 77251-1386• (713)802-5000
August 16, 2004
CONTACT:TRF ENG
Highway Traffic Signal Agreement
Brazoria County
Control 976-2
FM 518 at Yost Boulevard-Shadycrest Drive
The Honorable Tom Reid
Mayor, City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Dear Mayor Reid:
We have reviewed plans prepared by the City of Pearland's consultants to install a full-actuated
signal with safety lighting at the subject intersection. We must have the City's approval before
work can begin on the traffic signal installation.
Attached for your consideration are three copies of the revised State's standard Agreement
(Traffic Signal-Type I)MOD, the accompanying Ordinance, and City Secretary's Certificate. If
documents are acceptable,please execute and return the following to this office.
1. Official Action - Two originals of the Ordinance and City Secretary's
Certificate.
2. Agreement - Two originals signed by the proper officials.
An Equal Opportunity Employer
•
The Honorable Tom Reid
August 16, 2004
Page 2
One copy of the Agreement with supporting documents will be returned to you upon completion
by the State. If you have any questions, please contact Mr. Clarence Pampell at (713) 802-5837
or Mr. Ben Bartos at(713) 802-5850.
Sincerely,
eE.
Stuart C. Corder, P.E.
District Traffic Engineer
Houston District
BB:bb
Attachments
cc: Mr. Clarence Pampell
Mr. Ben Bartos
Mr. Lawrence J. Heckathorn,P.E.
Mr. Leonard E. Polk, P.E.
Ar Texas Department of Transportation
P.O. BOX 1386•HOUSTON,TEXAS 77251-1386• (713)802-5000
October 4, 2004
CONTACT:TRF ENG
Completed Highway Traffic Signal Agreement
Brazoria County
Control 976-2
FM 518 at Yost Boulevard-Shadycrest Drive
Mr. Alan R. Mueller
Deputy City Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
Dear Mr. Mueller:
Attached for your records is a copy of the completed Traffic Signal Agreement executed
to cover the City's installation and State's operation and maintenance of a traffic signal at the
subject location.
If you have any questions concerning the operation of this signal, please contact
Mr. Doug Vanover at 713-802-5661.
Sincerely,
Sally G. Wegmann, P.E.
Director of Transportation Operations
Houston District
BB:bb
Attachments
cc: Mr. Doug Vanover
Ms. Sally G. Wegmann, P.E.
Mr. Clarence Pampell
Mr. Ben Bartos
An Equal Opportunity Employer