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R89-04 02-13-89RESOLUTION N0, R89-4 A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED FEBRUARY 13, 1989, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUC- TION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERET0 AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1. That the certain agreement dated February 13, 1989 between the State of Texas and the City of Pearland, for the installation, construction, existence, use, operation, of certain highway traffic signals/illumination at the on EXHIBIT 1, attached hereto and made a part hereof, and maintenance location shown in the City of Pearland, be and the same is hereby approved, hereby authorized to execute said agreement on Pearland, and to transmit the same to the appropriate action.' and Mayor Tom Reid is behalf of the City of State of Texas for SECTION 2. That this Resolution shall take effect on and after its passage on first and only reading this 18th day of February, A. D., 1989. 1989. PASSED, APPROVED and ADOPTED this 13th day of February, A. D., Mayor ATTEST: CityS~eeta~ry~~ APPROVED AS TO FORM: City Attorney TE Op, . P COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR ROBERT H.DEDMAN,CHAIRMAN AND PUBLIC TRANSPORTATION R.E.STOTZER,JR. JOHN R.BUTLER,JR. RAY STOKER,JR. P. 0. Box 1386 Houston, Texas 77251-1386 April 6, 1989 IN REPLY REFER TO DDE-TD Highway Traffic Signals - Completed Agreement Brazoria County Project MC 976-02-34 Control 0976-02-034 FM 518 at McLean in Pearland Hon. Tom Reid Mayor, City of Pearland P. 0. Box 2068 Pearland, Texas 77588-2068 Dear Mayor Reid: Attached for your records is a copy of the completed Traffic Signal Agreement executed to cover the State installation, operation and maintenance of traffic signals at the subject location. It is anticipated that this project will be let for contract in April 1989. If you have any questions concerning the operation of this signal, please contact Mr. Steve Levine of this office at (713) 869-4571. Sincerely, 7di John . Holzwarth, P.E. District Design Engineer District No. 12 HDJ/RLS:svn Attachments STATE OF TEXAS S COUNTY OF TRAVIS S This AGREEMENT, dated this 0 day of __, 19(1, by and between the State olf Texas, hereinafter called the "State," Party of the First Part; and the City of Pearland , Brazoria County, Texas, acting by Resolution and through its duly authorized officers under an IiliclaYai��� passed the /3 day of , 1911, 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 Resolution of highway traffic eignal(K) by Rxdar amerkamdcuriffx, passed on the /3 day of j ,, 19 n , at the location(Y) shown on EXHIBIT 1, attached hereto and made j1, a part hereof; WHEREAS, the State under the provisions of the Texas Register Title 43 TAC 23.5, 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 the traffic signal(I) at the location(X) shown in EXHIBIT 1: AGREEMENT NOW, THEREFORE, in consideration of the preaisesaand 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: AGREEMENT (TRAFFIC SIGNAL - TYPE I) 1-3 8-87 1 . The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signa101), supervise construction, and upon completion of construction, will furnish the power and operate and maintain said highway traffic signal0h). 2. The City hereby consents to the construction of the highway traffic signal(h) 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(%) without written authority from the State Department of Highways and Public Transportation. 4. The State shall have the authority to make such changes in the design and operation of the highway traffic ©ignal(K) 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(K). 6. In the event the signal(K) 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. AGREEMENT (TRAFFIC SIGNAL - TYPE I) 2-3 8-87 ,IN TESTIMONY vilipieftpF, the parties hereto have caav'4114) these presents to be executed in triplicate on the dates shown hereinbelow. Executed on behalf of the City, this/. day of pAa 19, 1T ATTEST: cz===—Nt111714?0 / By: Secrets for City Mayor 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 State Highway and Public Transportation Commission: APPROVED: By: a4.9) ",e.f..e.... .__Kee-- Traf Operations-Engineer DATE: • AGREEMENT (TRAFFIC SIGNAL. — TYPE I) 3-3 8-87 • (41111 EXHIBIT 1 Location FM 518 at McLean Road in Pearland Exhibit 1 7 RESOLUTION NO. R89-4 A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED FEBRUARY 13, 1989, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUC- TION, 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 PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1. That the certain agreement dated February 13, 1989 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 Mayor Tom Reid 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. That this Resolution shall take effect on and after its passage on first and only reading this 13th day of February, A. D. , 1989. PASSED, APPROVED and ADOPTED this 13th day of February, A. D., 1989. .:=== .7171-44 Mayor ATTEST: ,__ _ -- 2i#2,44-4L—. City Se etary APPROVED AS TO FORM: . er:(4_, 40:/5.e, , City Attorney STATE OF TEXAS COUNTY OF Brazoria I, K'i4 y , 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 Resolution copy of anlartimamcaftWAUXUN duly passed by the City Council at a meeting held on /3 , A.D., 19J , at 2=0d o'clock M. To certify which, witness my hand and seal of the City of Pearland Texas, this /y day of , 19 ,57, at Pearland Texa . Re 72for)(-0--g-- City ecre ary of the City of Pearland , Texas •