R2011-060 - 2011-06-13BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Traffic Signal Assumption Agreement by and between the
City of Pearland and the State of Texas, a copy of which is attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest Traffic Signal Assumption Agreement with the State of
Texas.
ATTEST:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A TRAFFIC SIGNAL ASSUMPTION AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION.
PASSED, APPROVED and ADOPTED this the 13 day of June, A.D., 2011.
orn CRLdi
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011-60
TOM REID
MAYOR
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR CITY TO ASSUME OPERATION
AND MAINTENANCE OF EXISTING SIGNALS
WHEN ANNEXED BY CITY OVER 50,000 POPULATION
OR CITY GROWS TO OVER 50,000 POPULATION
THIS AGREEMENT, dated this /0 day of ^e 201/ 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 1 3 day of June 201 1 hereinafter
called the "City," party of the second part, is made to become effective when fully executed
by both parties.
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WITNESSETH
Exhibit "A"
Resolution No. R2011 -60
WHEREAS, there are highway traffic signals at the locations shown on Exhibit 1
Locations, attached hereto and made a part hereof, said highway traffic signals having
been installed, operated, and maintained by the State at a time when said locations were
not within the corporate limits of a City of 50,000 population or over; and
WHEREAS, said traffic signal locations are now within the corporate limits of a City of
50,000 population or over; and
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 (based
upon the most recent Federal Census); and
WHEREAS, the City has requested the State to leave the highway traffic signals in place
at the locations shown on EXHIBIT 1, and has authorized the continued existence, use,
operation, and maintenance of the highway traffic signals by Resolution passed on the
day of ?u,e /3 20
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, it is agreed as follows:
AGREEMENT
Article 1. The State shall leave the highway traffic signals in place at the locations
shown on Exhibit 1 Locations.
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Article 2. For the traffic signal locations listed on Exhibit 1 as non freeway locations:
The City shall operate and maintain the traffic signals at its expense.
The City shall pay all power costs for operating the traffic signals.
The City shall be the responsible authority for making changes in the design
and operation of the traffic signals as it may deem necessary and advisable
to promote the safe, convenient and orderly movement of traffic.
The City shall return any and all parts of said highway traffic signal
installations to the State should they be removed by the City for any reason
other than for installation on a State or Federal numbered highway route at a
location approved by the State.
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.
Article 3. For the traffic signal locations listed on Exhibit 1 as freeway locations:
The State shall operate and maintain the traffic signals at its expense.
The State shall pay all power costs for operating the traffic signals.
The City shall exercise no control whatsoever over the operation,
maintenance, use, or existence of the freeway traffic signals without written
authority from the Texas Department of Transportation.
The State shall have the authority to make such changes in the design and
operation of the highway traffic signals as it may deem necessary and
advisable to promote the safe, convenient, and orderly movement of traffic.
Article 4. General conditions for all locations shown on Exhibit 1.
The City shall be responsible for the police enforcement required for securing
obedience to the highway traffic signals.
In the event any of the traffic signal installations covered by this Agreement
become unnecessary or are removed for any reason, the terms of this
Agreement shall no longer apply to the traffic signal(s) that are removed
The State shall not incur any financial obligation to the City as a result of this
Agreement.
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.
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 invalid, illegal, or
unenforceable provision had never been contained herein.
Article 5. 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:
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City:
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
State:
District Engineer
Texas Department of Transportation
P.O. Box 1386
Houston, TX 77251 -1386
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.
Article 6. The state auditor may conduct an audit or investigation of any entity receiving
funds from the state directly under the contract or indirectly through a subcontract under
the contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
Article 7. At the request of the State, the Local Government shall submit any information
required by the State in the format directed by the State
Article 8. This Agreement constitutes the sole and only agreement between the parties
hereto and supersedes any prior understandings or written or oral agreements associated
with the City's assumption.of the operation and maintence of the traffic signals identified in
Exhibit 1.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in duplicate on the dates shown below.
THE CITY OF PEARLAND
Executed on behalf of the City by:
By
Typed or Printed Name and Title Bill Eisen
City Manager
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for t e purpose and effect of activating and /or carrying out the orders,
esta isJyed polic' ork programs heretofore approved and authorized by the Texas
Tran orta ion n. r
P o
a
s
miss
Contract No
Date June 13, 2011
By I X Date G( /i
Houston District Engineer
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TRAFFIC CONTROL SIGNALS
EXHIBIT 1 LOCATIONS
FREEWAY LOCATIONS
1. State Highway 288 at Farm -to- Market Road 518
2. State Highway 288 at Farm -to- Market Road 2234
Contract No
NON FREEWAY LOCATIONS
3. State Highway 35 at Cole's Flea Market
4. State Highway 35 at County Road 128 (Hastings Cannon Road)
5., State Highway 35 at Dixie Farm Road
6. State Highway 35 at FM 518
7. State Highway 35 at John Lizer Road County Road 388 (Magnolia Street)
8. State Highway 35 at Knapp Road
9. State Highway 35 at McHard Road
10. State Highway 35 at Oiler Drive County Road 101 (Bailey Road)
11. State Highway 35 at Orange
12. State Highway 35 at Pearland High School Road
13. State Highway 35 at Wal -Mart Entrance
14. State Highway 35 at Walnut Street
15.Farm -to- Market Road 518 at County Road 89 (Old Chocolate Bayou Road)
16.Farm -to- Market Road 518 at County Road 90 (Hooks Road)
17.Farm -to- Market Road 518 at County Road 93 (Miller Ranch Road)
18. Farm -to- Market Road 518 at County Road 94 East
19.Farm -to- Market Road 518 at County Road 94 West (Smith Ranch Road)
20.Farm -to- Market Road 518 at Dixie Farm Road
21. Farm -to- Market Road 518 at East Walnut Street/Barry Rose Road
22.Farm -to- Market Road 518 at Farm -to- Market Road 865 (Cullen Boulevard)
23. Farm -to- Market Road 518 at Farm -to- Market Road 1128 (Manvel Road) /Reid Road
24. Farm -to- Market Road 518 at Harkey Road /O'Day Road
25.Farm -to- Market Road 518 at Liberty Drive /Country Club Drive
26, Farm -to- Market Road 518 at McLean Road /Halbert/Walnut Drive
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BEACONS
ROADSIDE (FREEWAY)— Advance Warning
(Not Applicable)
ROADSIDE (NON- FREEWAY) Advance Warning
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27. Farm -to- Market Road 518 at McLean Road /Halbert/Walnut Drive
28. Farm -to- Market Road 518 at Mykawa Road
29. Farm -to- Market Road 518 at North Galveston Avenue
30. Farm -to- Market Road 518 at Old Alvin Road
31. Farm -to- Market Road 518 at Pearland Parkway
32. Farm -to- Market Road 518 at Pine Hollow Drive
33. Farm -to- Market Road 518 at Sherwood Drive
34. Farm -to- Market Road 518 at Wal -Mart Entrance
35. Farm -to- Market Road 518 at Sunrise Boulevard /Smith Road
36. Farm -to- Market Road 518 at Wal -Mart Entrance
37. Farm -to- Market Road 518 at Westminster Street
38. Farm -to- Market Road 518 at Winding Road /Sunset Meadow Drive
39. Farm -to- Market Road 518 at Woodcreek Drive
40. Farm -to- Market Road 518 at Woody Road /Corrigan Drive
41. Farm -to- Market Road 518 at Yost Boulevard /Shadycrest Drive
42. Farm -to- Market Road 865 at County Road 106 (Brookside Road)
43. Farm -to- Market Road 865 at County Road 403 (Hughes Ranch Road)
44. Farm -to- Market Road 1128 at County Road 91 (Daugherty Road)
45. Farm -to- Market Road 1128 at County Road 101 (Bailey Road)
46. Farm -to- Market Road 1128 at Magnolia Road
47. Farm -to- Market Road 2234 at Business Center Drive
48. Farm -to- Market Road 2234 at Kirby Drive
49. Farm -to- Market Road 2234 at Old Aldine Road /Kingsley Drive
50. Farm -to- Market Road 2234 at Reflection Bay
51. Farm -to- Market Road 2234 at Trinity Bay
52. Farm -to- Market Road 865 at Hawk Road
53. Farm -to- Market Road 865 at Freedom Drive
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ROADSIDE (NON- FREEWAY) School Zone
Contract No
54. Farm -to- Market Road 1128 at County Road 101 /Bailey Road (Northbound)
55. Farm -to- Market Road 2234 at Kirby Drive (Eastbound)
56. Farm -to- Market Road 2234 at Kirby Drive (Westbound)
State Highway 35
57. Northbound between Dixie Farm Road and Oiler Drive/ Bailey Road
58. Southbound between John Lizer Rd. /Magnolia Street and Pearland High School Rd.
Farm -to- Market Road 518
59. Eastbound between Grand Boulevard and North Galveston Street
60. Westbound between Halbert Drive /McLean Road and Woody Road /Corrigan Drive
61. Eastbound between Grand Boulevard and North Galveston Street
62. Eastbound between North Galveston Street and Old Alvin Road
63. Westbound between Walnut /Barry Rose and Old Alvin Road
64. Westbound between Old Alvin Road and North Galveston Street
Farm -to- Market Road 1128
65.Southbound between Farm -to- Market Road 518 and County Rd. 91 /Daugherty Rd.
/Fite Rd.
66.Southbound between Road 91 /Daugherty Rd. /Fite Rd. and Rogers Middle School
Entrance
67. Northbound south of Berry Miller Junior High School Entrance
68. Northbound between County Road 101 (Bailey Road) and Massey Ranch
Elementary School Entrance
69.Southbound near W. Lea Lane /County Road 844
Farm -to- Market Road 2234
70. Eastbound between Reflection Bay and Kirby Drive
71. Westbound between Business Center Drive and Kirby Drive
OVERHEAD (NON- FREEWAY) Intersection Control Beacon
72. Farm -to- Market Road 518 at County Road 109 (Garden Road)
73. Farm -to- Market Road 518 at Grand Boulevard
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