Ord. 0865 1998-08-10ORDINANCE NO. 865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PROVIDING FOR THE APPROVAL OF THE 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 IN
THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID
AGREEMENT; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO ERECT TRAFFIC SIGNALS WITHIN THE CITY
INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE 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 between the State of Texas and the
City of Pearland, attached hereto as Exhibit A and incorporated herein for all purposes,
for the installation, construction, existence, use, operation and maintenance of certain
highway traffic signals/lighting at the location shown on Exhibit 1 to Exhibit A
attached hereto, in the City of Pearland, 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. Declaration of Emergency. The Council finds and determines that
the need to erect traffic signals within the City inures to the benefit of the travelling
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.
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ORDINANCE NO. 865
Section 3. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
PASSED and APPROVED on First and Only Reading this the r t►, day of
�Ilt Ck,, S I— , A.D., 1998.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
2
TOM REID
MAYOR
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 / sr day of 5
19 4)6, 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 the 10th day of
August
, 1998 , 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 Ordinance/Resolution, passed on the loth day of
August , 19 98, 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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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 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 specifications.
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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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:
(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.
Termination of this agreement shall extinguish all rights, obligations, and liabilities of the
parties hereto.
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.
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
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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 77581-5416
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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IN WITNESS 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
/Q day of
By:
US 197/
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 Stand Alone
Manual Notice 96-3, 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:
For District Enginee'�
Houston District
Date:
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