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Ord. 0615 04-22-91ORDINANCE NO.615 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREE- MENT DATED APRIL 22, 1991, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CON- STRUCTION, 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 EMERGEN- CY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: SECTION 1. That the certain agreement dated April 22, 1991 between the State of Texas and the City of Pearland, for the tallation, construction, existence, use, operation, and main- tenance 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 ap- proved and the Mayor is hereby authorized to execute said agree- aent on behalf of the City of Pearland, and to transmit the same to the State of Texas for appropriate action. SECTION a. The fact that the improvements contemplated under the above mentioned agreement are needed, creates an emer- gency 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, APPROVED, and ADOPTED on first and only reading pursuant to Section 3.10 of the City Charter this c Lc_' day of A. D., 1991. V. COP' T'GER, ' YOR ,TTEST: LESTER RORICK, CITY ATTORNEY STATE OF TEAS § COUNTY OF TRAVIS This AGREEMENT, dated this o22.; day of 19 %V by and between - V the State of Terns, hereinafter called the "State," Party of the First Part; and the City of Pearland" `, 'Brazoria" Oamty, Texas, acting by and throughits' iiyiiutharized officers *under iiiiordininceth3epitut497, passed the ca,day of 19 2 lieteunaiter:called theS "City;"'Party of the Seccad Part, is made`to beocme effective '4 en`fully executed by both parties. WYTNE S`STeri Wi,S, the City "has auYliorizecl the' installation; operation, and maintenance of highway traffic signal,(fl by Ordinance/ t/W:4w, passed on the day loction(A) shun on EDIT 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 mutes in cities of less than 50,000ulation (latest Federal Census); and WHERMS, the City has a pnrnlation of over/less than 50,000 population according to the latest Federal Census; and WHEREAS, the State wishies to cooperate with the City in the installation of traffic signal4ty at the location(0) sham in ElH IRST 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: AGFEEMENT (TRAFFIC &GAL - TYPE 1) 1-3 08-89 IN TfSTIMVY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the dates shown hereinbelaa. ATTEST: tt Executed on behalf of the City, this 02 day of 19 9 / . THE STATE OF TECAS 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 State Highway and Public Transportation Commission under the authority of Minute Order 82513. APPROVED: By: DATE: Traffic Operations Engineer AC3REMnir (TRAFFIC S imt, - TYPE n 3-3 08-89 EXHIBIT 1 LOCATIONS SH 35 at Pearland High School in Pearland 1 EXHIBIT 1 • STATE OF TEXAS COUNTY OF BRAZORIA , 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/i0$0AiiOA duly passed by the City Council at a meeting held on 19//, at 7;30 o'clock / M. ecoLi , A.D., To certify which, witness my hand and seal of the City of Pearland , Texas, this 02_3 day of , 1922, at Pearland , Texas. r City Secretary the City of Pearland , Texas COMMISSION RAY STOKER, JR., CHAIRMAN ROBERT H. DEDMAN WAYNE B. DUDDLESTEN STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P.O. BOX 1386 HOUSTON, TEXAS 77151-1386 (713) 8694871 May 23, 1991 Highway Traffic Signals - Completed Agreement Brazoria County Control 0178-02 SH 35 at Pearland High School in Pearland Hon. Vic Coppinger Mayor, City of Pearland P.O. Box 2068 Pearland, Texas 77588-2068 Dear Mayor Coppinger: Attached for your records is Signal Agreement executed to operation and maintenance of location. a copy of cover the a traffic ENGINEER -DIRECTOR ARNOLD W. OLIVER, P.E. CONTACT: DDE-TD ' MAY 2 4 lolmo) 1991 CITY of PEARLAND CITY SECRETARY'S OFFICE the completed Traffic State installation, signal at the subject If you have any questions concerning the operation of this signal, please contact Mr. Steve Levine, P.E., of this office at (713)869-4571. Sincerely, I John C. Holzwarth, P.E. —District Design Engineer District No. 12 WPE/MM:tp Attachments cc: Mr. Steven Z. Levine, P.E. w/attach An Equal Opportunity Employer COMMISSION ROBERT H. DEDMAN, CHAIRMAN RAY STOKER, JR. WAYNE B. DUDDLESTEN STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P.O. BOX 1386 HOUSTON, TEXAS 77251-1386 (713) 869.4571 April 15, 1991 Highway Traffic Signal Agreement Brazoria County Control 0178-02 SH 35 - at Pearland High School in Pearland Hon. Vic Coppinger Mayor, City of Pearland P. 0. Box 2068 Pearland, Texas 77588-2068 ENGINEER -DIRECTOR ARNOLD W. OLIVER, P.E. CONTACT: ligglaTIED APR 1 9 1991 CITY of PEARLAND CITY SECRETARY'S OFFICE DDE-TD Dear Mayor Coppinger: A study was recently completed at the subject location and it was found that traffic conditions warrant the installation of a full -actuated traffic signal with safety lighting and special advance warning signs with flashers. We must have the City's approval before construction can proceed. Attached for your consideration are four copies of the State's Standard Agreement (Traffic Signal - Type I), the accompanying Ordinance, City Secretary's Certificate, and a print of the project plans. If plans and documents are acceptable, please execute and return the following to this office. 1. Official Action - Four originals of the Ordinance and City Secretary's Certificate. 2. Agreement - Four originals signed by the proper officials. Highway Traffic Signal Agreement April 15, 1991 Page 2 One copy of the Agreement with supporting documents will be returned to you upon completion by the State. The project plans are for your information and files. If you have any questions, please contact Mr. Clarence Pampell of this office at 713-869-4571, extension 408. Sincerely, Cr -7 I.z`G 17E- , Milton M. Dietert, P.E. District Engineer District No. 12 Attachment cc: Clarence Pampell