Ord. 0673 07-11-94ORDINANCE NO. 673
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT
DATED JULY 11, 1994, BETWEEN THE STATE OF TEXAS AND THE
CITY OF PEARLAND, TEXAS, FOR THE INSTALLATION,
CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE
OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATION
SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART
HEREOF, IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR THE
EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED OF IMMEDIATE INSTALLATION BEARS DIRECTLY
AND, THEREFORE, INURES TO THE GENERAL HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1: That the certain agreement dated July 11, 1994,
between the State of Texas and the City of Pearland, Texas, for the
installation, construction, existence, use, operation, and
maintenance of certain highway traffic signals/illumination at the
location shown on Exhibit 1, attached hereto and made a part
hereof, in the City of Pearland, Texas, be and the same is hereby
approved,
agreement
and the Mayor is hereby authorized to execute said
on behalf of the City of Pearland, and to transmit the
same to the State of Texas for appropriate action.
SECTION 2: The City Council finds and determines that the
improvements contemplated under the above -mentioned agreement
constitute an immediate emergency affecting the public peace,
health, safety, and general welfare of the citizens of the City of
Pearland, Texas, and that this Ordinance shall be adopted as an
emergency measure, and that the rule requiring this Ordinance to be
read on two (2) separate occasions be, and the same is hereby
waived.
PASSED and APPROVED on its First and Only required reading
under Section 3.10 of the City Charter of the City of Pearland,
Texas, on this the 11 day of July, 1994.
ATTEST:
Pat ones, Cit' Secretary, TRMC
APPROVED AS TO FORM:
Interim City Attorney
�3
EXHIBIT 1
LOCATION
FM 518 at Grand Boulevard
in Pearland
AGREEMENT FOR STATE TO INSTALL,
OPERATE AND MAINTAIN
INDIVIDUAL SIGNALS IN CITY
UNDER 50,000 OR FREEWAY SIGNALS
IN CITY OVER 50,000 POPULATION
STATE OF TEXAS §
COUNTY OF TRAVIS §
This AGREEMENT, dated this 11 day of July , 1994 , by and
between the State of Texas, hereinafter called the "State," Party of the
First Part; and the City of Pearland
Brazoria
Texas, acting by and through its duly authorized officers under an
Ordinance/Rc3olution, passed the
11 day of July , 19.94
County,
hereinafter called the "City," Party of the Second Part, is made to
become effective when fully executed by both parties.
WITNESSETH
WHEREAS, the City has authorized the installation, operation, and
maintenance of highway traffic signal(3) by Ordinance/Rc3olution, passed
on the 11 day of July , 19 94, at the location (3) shown on EXHIBIT 1,
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 City has a population of ewer/less than 50,000
population according to the latest Federal Census; and
WHEREAS, the State wishes to cooperate with the City in the
installation of traffic signal(3) at the location4e4- shown in EXHIBIT 1.
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AGREEMENT (TRAFFIC SIGNAL - TYPE I)
AGREEMENT
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
construction, prepare plans and specifications, install said highway
traffic signal(3), supervise construction, and upon completion of
construction, will furnish the power and operate and maintain said
highway traffic signal(3).
2. The City hereby consents to the construction of the highway
traffic signal(3) shown on EXHIBIT 1 by the approval of the location and
manner of construction as shown on the plans and described in the
specifications.
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.
4. The State shall have the authority to make such changes in the
design and operation of the highway traffic signal(3) as it may deem
necessary and advisable to promote the safe, convenient, and orderly
movement of traffic.
5. The City will be responsible for the police enforcement required
for securing obedience to the highway traffic signal(3).
6. In the event the signal(3) installed in accordance with this
Agreement become unnecessary or are removed for any reason, this
Agreement shall terminate.
7. The State will not incur and financial obligation to the City as
a result of this Agreement.
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AGREEMENT (TRAFFIC SIGNAL TYPE I)
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in duplicate on the dates shown hereinbelow.
ATTEST:
Executed on behalf of the City, this
11 day of July 19,94
By: 6(//
Secretary f%. City
Pat Jones,
C. V. Coppinger
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission under the Authority of Minute
Order 100002 and Administrative Circular
26-93, for the purpose and effect of
activating and/or carrying out the orders,
established policies or work programs by
the Texas Transportation Commission.
APPROVED:
By: 5.41/7
Director,
Traffic Operatio s Division
DATE: 7-28 " 7
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AGREEMENT (TRAFFIC SIGNAL TYPE I)