Ord. 1070 07-22-02ORDINANCE NO. 1070
AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AGREEMENT
BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR
THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION
AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT
THE INTERSECTION OF FM 2234 AND KIRBY DRIVE, IN THE CITY OF
PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. The certain agreement between the State of Texas and the City of
Pearland, for the installation, construction, existence, use, operation and maintenance
of certain highway traffic signals/lighting at the intersection of FM 2234 and Kirby
Drive, in the City of Pearland, attached as Exhibit "A," be and the same is hereby
approved, and the City Manager or his designee is hereby authorized to execute said
agreement on behalf of the City of Pearland, and to transmit the same to the State of
Texas for appropriate action.
Section 2. The Council finds and determines that the need to install, operate,
and maintain traffic signals on state highways in the City inures to the benefit of the
public and, therefore, bears directly upon the health, safety and welfare of the
citizenry; 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.
Ordinance No. 1070
Section 3. This Ordinance shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Pearland and it
is accordingly so ordained.
PASSED and APPROVED this the 22 day of July
ATTEST:
APPROVED AS TO FORM:
cRRIN M. COKER
CITY ATTORNEY
, A.D., 2002.
TO
tit
MAYOR
Exhibit "A"
Ordinance No. 1070
AGREEMENT FOR THE 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 ,-" day of 7 & tR , 20 4'2-,
by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the "State," Party of the First Part; and the City of
Pearland
Brazoria County, Texas, acting by
and through its duly authorized officers under an Ordinance/Re o1u i, passed the 22. �` 9day of
L
, 20 2, 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(s) by Ordinanceac, passed on the 2.2 '17day of
, 20 C' z, at the location(s) 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
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AGREEMENT (TRAFFIC SIGNAL — TYPE I)MOD 7-00
WHEREAS, the City has a population of over/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(s) at the location(s) shown in EXHIBIT 1.
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 City will prepare plans and specifications, and install said highway traffic signal(s).
The Texas Department of Transportation will furnish the controller(s) and steel strain poles,
supervise construction and, upon completion of construction, will furnish the power and operate
and maintain said highway traffic signal(s).
2. 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 the plans
and described in the specification.
3. 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 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(s) as it may deem necessary and advisable to promote the safe,
convenient, and orderly movement of traffic.
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AGREEMENT (TRAFFIC SIGNAL — TYPE I)MOD 7-00
5. The City will be responsible for the police enforcement required for securing obedience
to the highway traffic signal(s).
6. In the event the signal(s) installed in accordance with this Agreement become
unnecessary or are removed for any reason, this Agreement shall terminate.
7. The State will not incur any financial obligation to the City as a result of this Agreement.
8. The State will retain ownership of all materials and equipment furnished and installed
under this Agreement.
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.
10. This Agreement may be terminated by any of the following conditions:
11.
(a)
(b)
By mutual consent and agreement of the parties hereto.
In the event the population of the City exceeds 50,000, in accordance with the
latest Federal Census.
Termination of this Agreement shall extinguish all rights, obligations, and liabilities of
the parties hereto.
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.
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
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AGREEMENT (TRAFFIC SIGNAL — TYPE I)MOD 7-00
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.
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:
State: Mr. Gary K. Trietsch, P.E., District Engineer
Texas Department of Transportation
P. O. Box 1386
Houston, Texas 77251-1386
City: The Honorable Tom Reid
Mayor, City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
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.
14. 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.
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AGREEMENT (TRAFFIC SIGNAL — TYPE I)MOD 7-00
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in
duplicate on the dates shown hereinbelow.
ATTEST:
Sec
Executed on behalf of the City, this
22 day of July , 20 02
By:
•
' ay — City Manager
THE STATE OF TEXAS
Executed by 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.
APPROVED:
� is rict Engk r
Houston
Date:
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District
AGREEMENT (TRAFFIC SIGNAL — TYPE I)MOD 7-00
EXHIBIT 1
LOCATION(S)
IN PEARLAND
FM 2234 AT KIRBY DRIVE
EXHIBIT 1