Ord. 0632 07-13-92ORDINANCE NO. 632
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,
OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC
SIGNALS/ILLUMINATION 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.
NOW 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,
attached hereto and made a part hereof, in the City of Pearland, be
and the same is hereby approved, and the City Manager is hereby
authorized 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
accordingly so ordained.
PASSED and APPROVED on First and Only Reading this the //3
day of , A. D., 1992.
ATTEST:
PAT JONES, J Y SECRETARY
APPRQVED AS TO FORM:
LESTER RORICK, CITY ATTORNEY
cZ4V
. V. C NGER, YOR
Cot j of p@ailland
P. O. Box 2068 • Pearland. Texas 77588-2068. 485-2411
July 14, 1992
Mr. Milton M. Dietert, P.E.
District Engineer
District No. 12
Texas Department of Transportation
P. O. Box 1386
Houston, Texas 77251-1386
Re:
Brazoria County
Project MC 976-2-66
Control 0976-02-066
FM 518 - at Sunset Meadows/Winding Way
in Pearland
Dear Mr. Dietert:
The City Council of the City of Pearland passed Ordinance 632 at
its regular meeting of July 13, 1992. Certified copies of this
ordinance, in triplicate, as well as three original signed agree-
ments and the title sheet tracing which has been signed by Mayor
Coppinger are being returned to you.
We trust that you will find everything in order and appreciate.
the cooperation we have come to rely upon from your department.
Thank you.
Sincerely yours,
Pat Jones
City Secretary
pi
Enclosures
Printed on Recycled Paper
STATE OF TEXAS
COUNTY OF TRAVIS
This AGREEMENT,
19_92, by and
between the State of Texas, hereinafter called the "State," Party of the
First Part; and the City of Pearland
County,
Texas, acting by and through its duly authorized officers under an
Ordinance/BOSMIXItdMM, passed the 13 day of JULY , 19 92,
hereinafter called the "City," Party of the Second Part, is made to
become effective
AGREEMENT FOR STATE TO INSTALL,
OPERATE AND MAINTAIN
INDIVIDUAL SIGNALS IN CITY
UNDER 50,000 OR FREEWAY SIGNALS
IN CITY OVER 50,000 POPULATION
§
dated this 13 day of JULY
Brazoria
by both parties.
WITNESSETH
WHEREAS, the City has authorized the installation, operation, and
maintenance of highway traffic signal(g) by Ordinance/ggleaXMC, passed
on the 13 day of my , 19 92, at the locationO 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
" 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(g) at the location(K) shown in EXHIBIT 1.
when fully executed
1 of 3
AGREEMENT (TRAFFIC SIGNAL - TYPE I)
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 State will furnish the necessary funds for the actual
construction, prepare plans and specifications, install said highway
traffic signal(Z), supervise construction, and upon completion of
construction, will furnish the power and operate and maintain said
highway traffic signal(a).
2. The City hereby consents to the construction of the highway
traffic signal(x) 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(x4 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(X) 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 signalp00.
6. In the event the signal(a) 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.
2 of 3 11-91<
AGREEMENT (TRAFFIC SIGNAL - TYPE I)
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the dates shown hereinbelow.
ATTEST:
Secretary City
Executed on behalf of the City, this
14 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:
Traffic Operations Engineer
DATE:
3 of 3
AGREEMENT (TRAFFIC SIGNAL - TYPE I)
EXHIBIT 1
EXHIBIT 1
LOCATIONS
FM 518 at Sunset Meadows/
Winding Way in Pearland