Ord. 0634 07-27-92Texas Department of Transportation
P.O. BOX 1386 • HOUSTON, TEXAS 77251-1386 • (713) 869-4571
August 17, 1992
Highway Traffic Signals - Completed Agreement
Brazoria County
Project M 178-2-61
Control 0178-02-061
SH 35 at Entrance to Wal-Mart
Store in Pearland
Hon. Vic Coppinger
Mayor, City of Pearland
P. O. Box 2068
Pearland, Texas 77588-2068
Dear Mayor Coppinger:
Attached for your records
Signal Agreement executed
the State's operation and
subject location.
SZL-TE
is a copy of the completed Traffic
to cover the City's installation, and
maintenance of traffic signals at the
If you have any questions concerning the operation of this
signal, please contact Mr. Doug Vanover of this office at
(713)869-4571.
WPE/BJB:dns
Attachments
cc: Mr. Doug Vanover w/attach
Sincerely,
teven Z. ine, P.E.
Acting Director of
Transportation Operations
District NI. 12
PEARLANfl.
CITY SECRETARY'S
eAn Equal Opportunity Employe
•
STATE OF TEXAS
COUNTY OF TRAVIS
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, dated this
27
day of JULY , 19 92 ,
by and between the State of Texas, 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 27 day
of JULY , 19 92 , 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 27 day of JULY, 1992 , at the location(s) shown on
EXHIBIT 1, attached hereto and made a part hereof;
WHEREAS, the State under the provisions of Title 44 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 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.
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AGREEMENT (TRAFFIC SIGNAL - TYPE I)MOD
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 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). The State will furnish the necessary major materials for
the actual construction, review plans and specifications, supervise
construction, and upon satisfactory 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.
5. 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
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 City will not incur any financial obligation to the State
as a result of this agreement.
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AGREEMENT (TRAFFIC SIGNAL - TYPE I)MOD
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
pg day of JULY , 19 92
CITY MANAGER
THE STATE OF TEXAS
Certified as being executed 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 under
the authority of Minute Order 100002.
APPROVED:
By:
Trafficerations Engine
DATE: 8 /O -f2
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AGREEMENT (TRAFFIC SIGNAL - TYPE I)MOD
EXHIBIT 1
LOCATIONS
SH 35 at Entrance to Wa1-Mart
Store in Pearland
EXHIBIT 1
ORDINANCE NO. 634
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT
BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR
THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERA-
TION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNS/ILLUMINA-
TION AT THE LOCATION 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 BECAUSE THE NEED OF IMMEDIATE
INSTALLATION BEARS DIRECTLY ON THE SAFETY OF THE
TRAVELING PUBLIC 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 between the State of
Texas and the City of Pearland, for the installation, construction,
existence, use, operation, and maintenance of certain highway
traffic signals/illumination at the location shown on Exhibit 1, be
and the same is hereby approved. The City Manager is hereby autho-
rized to execute, and the City Secretary to attest, 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,
which for 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 accord-
ingly so ordained.
PASSED and APPROVED on First and Only Reading this the cZ 7
day of y , A. D., 1992.
C. V. COPP
MAYOR
ATTEST:
PAT JONES
CITY SECi*ETARY
LESTER G. RORICK
CITY ATTORNEY