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R2004-194 11-22-04 RESOLUTION NO. R2004-194 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 STATE OF TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALSILIGHTING AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement by and between the City of Pearland and the State of Texas, for the installation, construction, existence, use, operation and maintenance of certain highway traffic signals/lighting, a copy of which is attached hereto as Exhibit "1" 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 an contract with the State of Texas for installation, construction, existence, use, operation and maintenance of certain highway traffic signals/lighting. Section 3. The fact that the improvements contemplated under the above mentioned agreement are needed, creates an emergency for which the immediate preservation of the public peace, health, safety, and general welfare requires that this Resolution take effect immediately from and after its passage, and it is accordingly so ordained. PASSED, APPROVED and ADOPTED this the 22nd day of November , TOM REID MAYOR RESOLUTION NO. R2004-194 ATTEST: TONG,Ii(,.Pi, ,/ Y SECRETARY ~C APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 STATE OF TEXAS COUNTY OF TRAVIS Contract No Exhibit "A" Resolution R2004-194 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 November 22; ,2004 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 and signal poles, 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, Ci,ty of Pearland 3519 Liberty Drive Pearland~ Texas 77581-5416 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 ' by: Date Typed or Printed Name and Title Tom Reid Mayor 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. ~-'~.~._.Date ~ z- - tO - o Houston District £nqineer TRF -TEA2 Traffic Signal - Type I (MOD) Page 3 of 4 Revised 6/20/03 Contract No EXHIBIT 1 - LOCATIONS FM 2234 (SHADOW CREEK PARKWAY) AT KINGSLEY DRIVE IN PEARLAND TRF -TEA2 Traffic Signal - Type I (MOD) Page 4 of 4 Revised 6/20/03 RESOLUTION NO. R2004-194 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 STATE OF TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement by and between the City of Pearland and the State of Texas, for the installation, construction, existence, use, operation and maintenance of certain highway traffic signals/lighting, a copy of which is attached hereto as Exhibit "1" 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 an contract with the State of Texas for installation, construction, existence, use, operation and maintenance of certain highway traffic signals/lighting. Section 3. The fact that the improvements contemplated under the above mentioned agreement are needed, creates an emergency for which the immediate preservation of the public peace, health, safety, and general welfare requires that this Resolution take effect immediately from and after its passage, and it is accordingly so ordained. PASSED, APPROVED and ADOPTED this the 22nd day of November A.D., 2004. TOM REID MAYOR RESOLUTION NO. R2004-194 ATTEST: ISHA CANNON-SCOT~T DEPUTY CITY SECRETARY APPROVED AS TO FORM: NGHIEM V. DOAN DEPUTY CITY ATTORNEY EXHIBIT FM 2234 (SHADOW CREEK PARKWAY) AT KINGSLEY DRIVE IN PEARLAND TRF - TEA31 ORDINANCE (Traffic Signal/Lighting) Page 2 of 2 Revised 9/9/03 STATE OF TEXAS § COUNTY OF BRAZORIA § Exhibit "A" Resolution R2004-194 I, Young Lorfi n.~ , 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 November 22, ,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 22nd .dayof at Peadand November ,20 04 , , Texas. Peadand , Texas TRF - TEA37 City Secretary's Certificate Page 1 of 1 Revised 9/9/03 STATE OF TEXAS § COUNTY OF BRAZORIA § • I, , 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 , 20 , A.D. at o'clock M To certify which,witness my hand and seal of the City of Pearland Texas, this day of , 20 , at Pearland , Texas. City Secretary of Pearland , Texas TRF -TEA37 Page 1 of 1 Revised 9/9/03 City Secretary's Certificate Contract No STATE OF TEXAS § j Exhibit "A" _ l COUNTY OF TRAVIS § Resolution R2004-194 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 , 20 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 and signal poles, 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 Page 1 of 4 Revised 6/20/03 Traffic Signal -Type I (MOD) 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: State: The Honorable Tom Reid Mr. Gary K. Trietsch, P. E., District Engineer - Mayor, City of Pearland Texas Department of Transportation 3519 Liberty Drive P. O. Box 1386 Pearland,Texas 77581-5416 Houston, Texas 77251-1386 TRF -TEA2 Page 2 of 4 Revised 6/20/03 Traffic Signal -Type I (MOD) 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: By Date Typed or Printed Name and Title 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. By Date Houston District Engineer TRF -TEA2 Page 3 of 4 Revised 6/20/03 Traffic Signal -Type I (MOD) Contract No EXHIBIT 1 - LOCATIONS FM 2234 (SHADOW CREEK PARKWAY) AT KINGSLEY DRIVE IN PEARLAND TRF -TEA2 Page 4 of 4 Revised 6/20/03 Traffic Signal -Type I (MOD)