R96-44 08-12-96
RESOLUTION NO. R96-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH THE STATE OF TEXAS, FOR THE INSTALLATION, CONSTRUC-
TION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF
HIGHWAY TRAFFIC SIGNALS/lLLUMINATION UPON FM 518 AT
McLEAN STREET AND UPON McLEAN STREET AT WALNUT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain agreement between the State of Texas and the City of
Pearland, for the installation, construction, existence, use, operation, and main-
tenance of certain highway traffic signals/illumination upon FM 518 at McLean Street
and upon McLean Street at Walnut, attached hereto as Exhibit" A" and incorporated
herein for all purposes, is hereby authorized and approved.
Section 2. The Mayor is hereby authorized to execute, and the City Secretary
to attest, Exhibit n A" and any counterparts thereof, and to transmit the same to the
State of Texas for appropriate action.
A. D., 1996.
PASSED, APPROVED and ADOPTED this the ~ day of ~
~ ~~~
TOM REID
MAYOR
ATTEST:
~BE~~{9y
CITY SECRETARY
1
RESOLUTION NO. R96-44
APPROVED AS TO FORM:
~M()~ Me CvJlo"~
AMY OTES McCULLOUGH
CITY A TIORNEY
2
STATE OF TEXAS
COUNTY OF BRAZORIA
I. ~jA- ~ . the duly appointed. qualified
actin city secretary of the City of PEARLAND
and
Texas, hereby certify that the foregoing pages constitute a true
and correct copy of an ordinance/resolution duly passed by the
~/02J
City Council at a meeting held
19!#. at 1:??o. O'CIOCk~.
on
, A.D.,
~
To certify which, witness my hand and seal of the City of
J~~
, Texas, thi s
, 19~ at
day of
PEARLAND
, Texas.
:4~/p (I.
PEARLAND
, Texas
Exhibit "A"
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 ~ day of ~ 19~, 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/Resolution, passed theN day of ~.,
1931, hereinafter called the "City," Party of the Second Part, lS
made to become effective when fully executed by both parties.
WIT N E SSE T H
WHEREAS, the City has authorized the installation, operation, and
maintenance of highway traffic signal(s) by Ordinance/Resolution,
passed on the/!tf;1;. day of ~ 19 qt, 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 non-freeway type highways in all
cities and on other non-highway routes in cities of less than 50,000
population (latest Federal Census); and
WHEREAS, the City has a population of 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.
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A G R E E MEN T
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 furnish the necessary funds for the actual
construction, prepare plans and specifications in accordance with the
Texas Department of Transportation, and install said highway traffic
signal(s)
2. The State will furnish the necessary maJor materials (steel
strain signal poles and controller) for the actual construction,
reVlew plans and specifications, supervise construction, and upon
satisfactory completion of construction, will furnish the power and
operate and maintain said highway traffic signal(s).
3. 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
specifications.
4. 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.
5. The State shall have the authority to make such changes ln 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.
6. The City will be responsible for the police enforcement
required for securing obedience to the highway traffic signal(s).
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AGREEMENT (TRAFFIC SIGNAL - TYPE I) MOD
1-95
7. In the event the signal(s) installed in accordance with this
Agreement become unnecessary or are removed for any reason, this
Agreement shall terminate.
8. The State will not lncur any financial obligation to the City
as a result of this Agreement.
9. The City will not incur any financial obligation to the State
as a result of this Agreement.
10. The State will retain ownership of all materials and
equipment furnished and installed under this Agreement.
11. The City acknowledges that it is not an agent, servapt, 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 ln this Agreement.
12. 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,
ln accordance with the latest Federal Census.
Termination of this Agreement shall extinguish all rights,obligations,
and liabilities of the parties hereto.
13. 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 .
14. In case one or more of the provlslons contained ln 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 hereto and this.
Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
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AGREEMENT (TRAFFIC SIGNAL - TYPE I)MOD.
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15. 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: 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 77581-5416
All notices shall be deemed glven 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.
16. 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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IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in duplicate on the dates shown hereinbelow.
ATTEST:
~~gtM
Executed on behalf of the City, this
I~ day of ~~ 19,1l.
By:
~11
Mayor
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 affect of
activating and/or carrying out the
orders, established policies,or work
programs by the Texas Transportation
Commission.
::~R~ W-~/
DistriC~gineer
Houston District
DATE:
f-./o-- 9t
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