Ord. 1265 04-24-06ORDINANCE NO. L (oS
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED
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 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 ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND
Section 1.
That the certain agreement dated Apri 1 24, 2006 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 location(s)
shown on Exhibit 1, attached hereto and made a part hereof, in the City
of Pearland , be and the same is hereby approved, and
Bill El sen, City Manager 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 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 Ordinance take effect immediately
from and after its passage, and it is accordingly so ordained.
APPROVED AS TO FORM:
City Attorney
TRF-TRF_TEA31
ORDINANCE (Traffic Signal/Lighting)
PASSED: April 24, 2006
APPROVED: Apri 2 , 2006
,.,)
Mayor
Page 1 of 2 Revised 9/21/05
STATE OF TEXAS
COUNTY OF TRAVIS §
Contract No
Resolution 2006-52 & Ordinance 1265
4/24/06
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 Apr; j 21-1 , 20 06
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 State will furnish the necessary funds for the actual construction, prepare
plans and specifications, install said highway traffic signals, 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.
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Traffic Signal - Type I
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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 Dr.
Pearland, Texas 77581-5416
State:
Mr. Gary K. Trietsch, P.E.
Texas Department of Transportation
P. O. Box 1386
Houston. Texas 77251-1386
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Traffic Signal - Type I
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Revised 9/21/05
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. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
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 April 24, 2006
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.
By
Hous ;yT.is riot Engineer
Date
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Traffic Signal - Type I
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Contract No
EXHIBIT 1 — LOCATIONS
FM 518 at Pine Hollow Drive
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Traffic Signal - Type I
Page 4 of 4 Revised 9/21/05
EXHIBIT 1
FM 518 at Pine Hollow Drive
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Resolution (Traffic Signal/Lighting)
Page 2 of 2 Rev. 9/21/05
STATE OF TEXAS
COUNTY OF BRAZORIA §
I, Young Lorfi ng , 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 April 24th
, 20 06 , A.D. at 7:30 o'clock P M
To certify which, witness my hand and seal of the City of Pearland
Texas, this 24th day of April , 20
at Pearland , Texas.
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City Secretary's Certificate
Page 1 of 1 Revised 9/21/05
RESOLUTION colr 5:1�
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
Pearland
SECTION 1.
That the certain agreement dated Apr} ( .94/ , .204. 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 location(s) shown on EXHIBIT 1, attached
hereto and made a part hereof, in the City of Pearland , be
and the same is hereby approved, and ;// £f sen / C -i h?eivaefr-- is
hereby authorized to execute said contract on behalf of said city and-Lo transmit
the same to the State of Texas for appropriate action.
SECTION 2.
That this Resolution shall take effect immediately upon its passage.
ATTEST:
APPRED AS TO FORM:
City Attorney
ADOPTED:
APPROVED:
Tom Reid, Mayor
TRF-TRF_TEA34
Resolution (Traffic Signal/Lighting)
Page 1 of 2 Rev. 9/21/05
EXH!B!T 1
FM 518 at Pine Hollow Drive
TRF-TRF_TEA31
ORDINANCE (Traffic Signal/Lighting)
Page 2 of 2 Revised 9/21/05