HomeMy WebLinkAboutResolution No. 2011-10 RESOLUTION NO. R2011-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE, AND THE CITY SECRETARY TO
ATTEST, AN AGREEMENT FOR THE INSTALLATION OF
A TRAFFIC SIGNAL AT FM 518 AND WEST
BLVD/STONES CREEK TERRACE BETWEEN THE CITY
AND TEXAS DEPARTMENT OF TRANSPORTATION.
� * * * *
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, an agreement for the installation of a traffic signal at
the intersection of FM 518 and West Boulevard/Stones Creek Terrace, by and between the City
and the Texas Department of Transportation, in substantially the same form as attached hereto as
Exhibit"A" and made part hereof for all purposes.
Section 2. That the Mayor is hereby authorized the sign the approved construction
plans for the new traffic signal.
Section 3. That this Resolution shall take effect immediately upon its passage.
PASSED,APPROVED AND ADOPTED this 18th day of April,2011.
David J.H. S ith
Mayor
ATTEST: F R���O
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�Melinda Welsh, TRMC * *
City Secretary sj.
,9�F OF 'if�.�Q�
EXHIBIT A Contract No
STATE OF TEXAS §
COUNTY OF GALVESTON §
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, maintenance of highway traffic
signals by resolution on Anril 18 , 2011 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 specifications.
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 I
EXHIBIT A 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 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 U.S. mail, postage prepaid, addressed to such party at
the following respective addresses:
City: State:
The Honorable David J. H. Smith � Delvin L. Dennis, P.E., District Enqineer
Mavor, Citv of Friendswood Texas Department of Transportation
910 S. Friendswood Drive P.O. Box 1386
Friendswood, Texas 77546-4856 Houston, Texas 77251-1386
Traffic-Traffic TEA2 Page 2 of 4 Revised 05/02/2008
Traffic Signal —Type I
EXHIBIT A 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 und3er 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 herein below.
THE CITY OF FRIENDSWOOD
Executed on behalf of the City by:
By 1 ' J Date 4/18/11
Da ' . H. S i
Mayor o� pR�Ely�s
ATTEST: ` o0
!1����-.��--, ���SZQ�� � � O
Melinda Welsh, TRMC * *
City Secretary s� p`�
,4�F OF ���
THE STATE OF TEXAS
Executed for the E ecutive Director and approved for the Texas Transportation Commission for
the purposes an t of activating and/or carrying out the orders, established policies or work
prog eret o�e pp ed and authorized by the Texas Transportation Com issi n.
'` ��'/G l I
By � �', Date
Houston District Engineer
Traffic-Traffic_TEA2 Page 3 of 4 Revised 05/02/2008
Traffic Signal —Type I
EXHIBIT A Contract No
EXHIBIT 1 — LOCATION
FM 518 at West Boulevard /Stone Creek Terrace
In Friendswood
Traffic-Traffic_TEA2 Page 4 of 4 Revised 05/02/2008
Traffic Signal —Type I
STATE OF TEXAS §
COUNTY OF GALVESTON §
I, Melinda Welsh, the duly appointed, qualified and acting City Secretary of the City of
Friendswood, Texas, hereby certify that the foregoing pages constitute a true and correct copy of
a resolution duly passed by the City Council at a meeting held on April 18
,
2011, A.D. at � o'clock�M.
To certify which, witness my hand and seal of the City of Friendswood, Texas, this 21 day of_
April , 2011, at Friendswood, Texas.
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City Secretary of Friendswood, Texas
Traffic-Traffic_TEA37 Page 1 of 1 Revised 09/18/2006
City Secretary's Certificate