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R81-36 12-14-81 RESOLUTION NO. R81-36 A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREE- MENT DATED DECEMBER 14, 1981, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTE- NANCE OF HIGHWAY SIGNAL PROJECT 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 December 14, 1981, between the State of Texas and the City of Pearland, for the installa- tion, construction, existence, use, operation, and maintenance of certain highway traffic signal at the location shown on EXHIBIT t, attached here- to and made a part hereof, in the City of Pearland, be and the same is hereby approved, and Tom Reid, Mayor, 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~in a regular city Council meeting. PASSED, APPROVED AND ADOPTED this ./ day o A. D., 1981. CITY OF PEARLAND, ~S Tom Reid, Mayor ATTEST: APPROVED AS TO FORM: City ~rney ' TELEPHONE (713) 485-2411 POST OFFICE 'BOX 1157 PEARLAND. TEXAS 77581 December 15, 1981 Mr. Omer F. Poorman District Engineer, District No. 12 State Dept. of Highways and Public Trans. P. O. Box 1386 Houston, Texas 77001 Re: Brazoria County Project C-976-2-41, Control 976-2~?Milepost 6.78, IPE 976, FM 518: Intersection Sherwood Drive in'Pearland Dear Mr. Poorman: We are enclosing the following documents on the above project: (1) Title Sheet Tracing signed by the Mayor; (2) The Official Action - four certified copies of Resolution No. R81-36, along with the City Secretary's Certificate; (3) The Agreement"- original and three copies which have been signed by the proper officials: Please let me_.know if there is anything else we need to do regarding this project. -~ ~ - ..... Dorothy~ L. Coo -. City Secretary ' -.~ DLC. tj v Encl. ~ Form No. 1074 ~ ' A Re'v. 7-72 CITY SECRETARY' S CERTI FI CATE STATE OF TEXAS COUNTY OF Brazoria I, Dorothy L. Cook , the duly appointed, qualified and acting city secretary of the City of Pearl and , Texas, hereby certify that the foregoing pages constitute a true and correct copy of an Resolution )~B]~a(J~[abK duly passed by the City Council at a meeting held on December 14, , A. D., 19 81 , at 7:30 o'clock p.M. TO certify which, witness my han..d and seal of the City of Pearland Texas, this /~/ day of -~(~"/<~_~j , 19 .~.}, at Pearland , Texas. Pearland , Texas EXRIBIT 1 ~OCaT~OS (S) F.M. §t8 at Sherwood Street in Pearland AG~k'MENT (TRAFFIC SIGNAL - TYPE IA) , 10-79-764, I)-iST 4-4 IN TESTI!MONY WHEREOF, the parties ~ereto have caused these presents to be executed in triplicate om the dates shown hereinbelow. Executed on behalf of the City, this day of December 19, 81 ATTEST: ~~ Secretary fo~City Mayor THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating amd/or carrying out the orders, established policies, or work programs heretofore approved and au- thorized by the State Highway and Public Transportation Cv~..ission: Executed on behalf of the State, this day oi 19, ' By; Chief Engineer of Safety and Maintenance Operations APPROVED AS TO FO~M: RECOMHENDED FOR APPROVAL: Generj~/'A~torne~ for the City District Engineer Engineer of Traffic AGREm~lqT (TRAFFIC SIGNAL - TYPE IA) 10-79-764. D-18T i shown on the plans and described in the specifications. 3. The CiHy will exercise ~o control whatsoever over the operation, maintenance, use, or existence of the highway traffic signal~ without written authority from the State Department of Highways azxl Public Trans- portation. 4. The State shall have the authority to make such changes in the design and operatiom of the highway traffic sigr~lX~ as it may dee~ 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 sigualX~. 6. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreements and/or Contracts between the C~ty and the State, this Agreement shall take precedence over the other Agreements and/or Contracts. AG~IEI4EIqT ('i'IL4.FFIC SIClqAL - ~PE ~) 1~79-764, D-18T COUNTY OF ~RAV~$ ~is AG~T, da:ed chis 14 day of December , 19 81 , by and be~een the S~ate of Te~s, herei~fter called the "State," Par~y of the First Parc; and :he C~ty of Pearland , Brazoria County, Te~s, acting by a Resolution ~d through its duly authorized critters under a~XMXt~~ p~s~d the ]4 ~y of Decem0er , 19 81, harei~fter called the "C~cy," P~y of the Second Part, is ~de to b~c~e effective ~ f~ly ~ecuCed by boC~ W ITNESSETH W~, the City has authorized the installati~, operation, and Res01ut~0n of highway traffic sig~l~by ~~~ passed on the 1 4 day of December ., 19 ~ at thl~ location%~l sh~ on E~IBIT 1, attached hereto amd ~de a part hereof; AGREEMEN% NOW, T~O~, in c~stdera~!on of the premises and of the~tual cove~nCs and agre~ents of the parties hereto robe by ~em respectively kep~ and perfo~ed, as hereinafter sec forth, tC is agreed as foll~s: 1. ~e State will furnish ~he mecessary funds for the actual prepare plans and specifications, ~nstall said highway traffic signal~, super- vise const~cti~,:and up~ c~plet~on of construction, will fu~sh the p~er and operate and mintain said htg~ay traffic 2. ~e City hereby consents to the consolation of the h~g~ay trafftc s~l~ sho~ on ~IBIT 1 by the approval of the location and manner of const~c~ton as AOP~EF~T (TP, A~FI~ SIO~ -. TYPE ]~) 10-79-764, D-iST 1-4 .*1 E Op W yC COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR A. SAM WALDROP CHAIRMAN AND PUBLIC TRANSPORTATION M. G GOODE ROBERT H. DEDMAN P. O. Box 1386 JOHN R. BUTLER, JR. Houston , Texas 77001 November 16, 1981 IN REPLY REFER TO Traffic Signal Agreement FILE NO DAE Brazoria County Project C-178-2-50 Control 178-2 Milepost 13.65 IPE 860 SH 35: Intersection John Lizer-Magnolia Road in Pearland Brazoria County Project C-976-2-41 Control 976-2 Milepost 6.78 IPE 976 FM 518: Intersection Sherwood Drive in Pearland Hon. Tom Reid Mayor, City of Pearland P. 0. Box 1157 Pearland, Texas 77581 Dear Sir: A municipal signal agreement was previously sent to your office for the installation of a full-actuated signal at the intersection of John Lizer- Magnolia Road. The agreement was executed contingent upon the City of Pearland completing some realignment work and the State revising the proposed traffic signal installation. Attached for your information are two copies of the revised construction plans and the original title sheet tracing. We would appreciate your signa- ture, in black ink, on the title sheet. The above-mentioned project plans will replace those previously attached to the agreement. We have also received approval to install a fixed-time signal at the intersection of Sherwood Drive. This proposed signal will be interconnected with the existing traffic signals along FM 518. The City's approval is also needed before construction can proceed on this location. Attached for your consideration are four copies of the State' s standard Traffic Signal Agreement Page 2 November 16, 1981 agreement (Traffic Signal -Type 1A) , the accompanying ordinance, City Secretary' s Certificate, a print of the project plans, and the original title sheet tracing. If plans and documents are acceptable, please return the following to this office: 1. Title Sheet Tracing - Signed in black ink by the Mayor 2. Official Action - Original and three copies of the Ordinance and City Secretary's Certificate 3. Agreement - Original and three copies signed by the proper officials. One copy of the Agreement with supporting documents will be returned to you upon completion by the State. If you have any questions concerning these installations , please contact us. This project is tentatively scheduled for the February letting. Yours very truly Cr1-042:::2 Omer F. Poorman District Engineer District No. 12