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HomeMy WebLinkAboutResolution No. 2008-88RESOLUTION NO. R2008-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, RESPECTIVELY, AN "AGREEMENT FOR STATE TO INSTALL OPERATE, AND MAINTAIN INDIVIDUAL SIGNALS IN CITY UNDER 50,000" WITH THE STATE OF TEXAS -TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF THE FLASHING BEACON TRAFFIC SIGNAL ON FM 528 AT WHITAKER; AMENDING RESOLUTION NO. R2007-27, PASSED AND APPROVED THE 10TH DAY OF SEPTEMBER, 2007; AND RESOLUTION NO. R2008-03, PASSED AND APPROVED THE 14TH DAY OF JANUARY, 2008. WHEREAS, the State of Texas, acting through the Texas Department of Transportation is scheduled to being work on a project that includes the installation of a mast arm -mounted flashing beacon traffic signal on FM 528 at Whitaker; and WHEREAS, the City of Friendswood has requested that the State allow the City to participate as outlined in Resolution No. R2007-27 and Resolution No. R2008-03; and WHEREAS, the State is amenable to this request and will proceed once the City has executed an "Agreement for State to install, operate, and maintain, individual signals in City under 50,000"; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That the Mayor and City Secretary be, and they are hereby, authorized and directed to execute and attest, respectively, the "Agreement for State to install, operate, and maintain, individual signals in City under 50,000" with the State of Texas — TXDOT in substantially the same form as the agreement attached hereto as Exhibit "A" and made a part hereof for all purposes. B Section 2. That this resolution shall take effect immediately upon its passage. PASSED, APPROVED AND RESOLVED on this 17th day of November, 2008. �VflidJ. H. Smith Mayor F c D loris McKenzie, TRMC City Secretary R2008-88 2 Exhibit A (R2008-88) Contract No STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR STATE TO INSTALL OPERATE, AND MAINTAIN INDIVIDUAL SIGNALS IN CITY UNDER 50,000 OR FREEWAY SIGNALS IN CITY OVER 50,000 POPULATION THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Friendswood , Texas, acting by and through its duly authorized officers hereinafter called the "City," is made to become effective when fully executed by both parties. WITNESSETH WHEREAS, Transportation Code §221.002 authorizes the State and the City to agree to provide for the location, relocation, improvement, control, supervision and regulation of state highways within the City; and WHEREAS, the City has authorized the installation, operation, and maintenance of highway traffic signals by ordinance or resolution adopted on November 17 , 2008 at the locations shown on Exhibit 1 - Locations, 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 State wishes to cooperate with the City in the installation of traffic signals at the locations shown in Exhibit 1 - Locations. 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: AGREEMENT Article 1. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signals, supervise construction and, upon completion of construction, will furnish the power and operate and maintain said highway traffic signals. Article 2. The City hereby consents to the construction of the highway traffic signals shown on Exhibit 1 - Locations by the approval of the location and manner of construction as shown on the plans and described in the specification. Article 3. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of the highway traffic signals without written authority from the Texas Department of Transportation. Traffic -Traffic TEA2 Page 1 of 4 Revised 05/02/2008 Traffic Signal - Type 1 Contract No Article 4. 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 5. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signals. Article 6. In the event the signals installed in accordance with this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate. Article 7. The State will not incur any financial obligation to the City as a result of this Agreement. Article 8. The State will retain ownership of all materials and equipment furnished and installed under this Agreement. Article 9. 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 10. This Agreement may be terminated by any of the following conditions: (a) By mutual consent and agreement of the parties hereto. (b) In the event the population of the City exceeds 50,000, in accordance with the latest Federal Census. (c) By the State, if the State finds termination to be in the public interest. Termination of this Agreement shall extinguish all rights, obligations, and liabilities of the parties hereto. Article 11. 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. Article 12. 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 13. 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 14. 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: City: The Honorable David J. H. Smith Mayor, City of Friendswood 910 South Friendswood Drive Friendswood, Texas 77546-4856 State: Delvin L. Dennis, P.E., District Engineer P. 0. Box 1386 Houston Texas 77251-1386 Traffic-Traffic_TEA2 Page 2 of 4 Revised 05/02/2008 Traffic Signal - Type I Contract No 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 15. 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 16. This Agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown hereinbelow. THE CITY OF FRIENDSWOOD Executed o beh If of the City by: By Date 11/17/08 Typed or Printed Name and Title David J.H. Smith Mayor THE STATE OF TEXAS Executed for the E cutive Director and approved for the Texas Transportation Co ission for the ose and effect of activating and/or carrying out the orders, est blis polic' r w rograms heretofore approved and authorized by the Texas Tra portati ssion. By Date District Engineer Traffic-Traffic_TEA2 Page 3 of 4 Revised 05/02/2008 Traffic Signal - Type I EXHIBIT 1 FM 528 at Whitaker Drive Traffic—Traffic_TEA31 Page 2 of 2 Revised 09/18/2006 ORDINANCE (Traffic Signal/Lighting)