The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 2003-16 �R_�_ �� Title: An ordinance authorizing a contract with the State of Texas for the installation of traffic signals & lights in the City-FM 2351 at Woodland Trail Dr.- Royal Court. ORDINANCE NO. 2003-16 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED, AUGUST 18, 2003, BETWEEN THE STATE OF TEXAS AND THE CITY OF FRIENDSWOOD, TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS AND LIGHTING AT THE LOCATIONS SHOWN ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF FRIENDSWOOD; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; DECLARING AN EMERGENCY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. * * * * * * * * * * BE IT ORDAINED BY THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the certain agreement dated, Au�ust 18, 2003 between the State of Texas and the City of Friendswood ("City"), for the installation, construction, existence, use, operation and maintenance of certain highway traffic signals and lighting at the locations shown on Exhibit "A" attached hereto and incorporated herein by this reference in the City{the "Agreement"), be and the same is hereby approved. Section 2. That the Mayor is hereby authorized to execute the Agreement on behalf of the City and to transmit the Agreement to the State of Texas for appropriate action. Section 3. That the improvements which are the subject of the Agreement are needed, the absence of which creates an emergency for which the immediate preservation of the public peace, health, safety, and general welfare requires that this Ordinance take effect immediately from and after its passage, and it is accordingly so ordained. Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith are,to the extent of such inconsistency or conflict, hereby repealed. Section 5. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of Ord2003-16 r,....� ... � �, the City of Friendswood, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. PASSED, APPROVED AND ADOPTED first and final reading this 8"' day of September 2003. � CITY OF FRIENDSWOOD, TEXAS � � � Kimball W. Brizendine Mayor ATTEST: � � � Deloris McKenzie, TRMC City Secretary MOTION: COUNCILMEMBER: TRACY GOZA 2ND: COUNCILMEMBER: JERRY ERICSSON APPROVED: UNANIMOiJ5LY Ord2003-16 AGREEMENT FOR THE STATE TO INSTALL, OPERATE,AND MAINTAIN INDIVIDUAL SIGNALS IN CITY UNDER 50,000 OR FREEWAY SIGNALS IN CITY OVER 50,000 POPULATION STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT, dated this 18th day of Au ust, 20 03 , 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 Friendswood , Galveston County, Texas, acting by and through its duly authorized officers under an Ordinance/Resolution,passed the 18th day of Au u�, 2003, 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 of highway traffic signal(s) by Ordinance/Resolution, passed on the 18th day of Au�ust , 20 03 , at the location(s) shown on EXHIBIT 1, 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,�00 population (latest Federal Census); and 1 of 5 AGREEMENT (TRAFFIC SIGNAL—TYPE I) 7-00 WHEREAS, the City has a population of�er/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 traffic signal(s) at the location(s) shown in EXHIBIT 1. AGREEMENT 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: 1. The State will furnish the necessary funds for the actual canstruction, prepare plans and specifications, install said highway traffic signal(s), supervise construction and, upon completion of construction, will furnish the power and operate and maintain said highway traffic signal(s). 2. The City hereby consents to the construction of the highway traffic signal(s) shown on EXHIBIT 1 by the approval of the location and manner of construction as shown on the plans and described in the specification. 3. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of the highway traffic signal(s)without written authority from the Texas Department of Transportation. 4. The State shall have the authority to make such changes in the design and operation of the highway traffic signal(s) as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 2of5 AGREEMENT (TRAFFIC SIGNAL—TYPE I) 7-00 5. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 6. In the event the signal(s) 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. 8. The State will retain ownership of all materials and equipment furnished and installed under this Agreement. 9. The City acknowledges that it is not an agent, servant, or employee of the State and thus, is responsible far its own acts and deeds and for those of its agents ar employees during the performance of the work defined in this Agreement. 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. Termination of this Agreement shall extinguish all rights, obligations, and liabilities of the parties hereto. 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. 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 ar unenforceability 3 of 5 AGREEMENT (TRAFFIC SIGNAL—TYPE � � '7-pp �.� , � shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenfarceable provision had never been contained herein. 13 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: State: Mr. Gary K. Trietsch, P.E., District Engineer Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 City: The Honorable Kimball W. Brizendine Mayor, City of Friendswood 910 S. Friendswood Drive� Friendswood, Texas 77546-4856 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. 14. 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. 4 of 5 AGREEMENT (TRAFFIC SIGI�TAL—TYPE I} 7-00� IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown hereinbelow. Exec��zted on behalf of the City, this 18th day of August , 20 03 . ATTEST: \ . � — ' $�,; � . Secretary for City Mayor THE STATE OF TEXAS Executed by and approved for the Texas Transportation commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. APPROVED: ,� � v�.-.. T \� BY� < --�.��_� . �A �-.�„� �c � District Engineer Houston District � l �� o�._,_l�s�� J� ��(�(� � Date: 5 of 5 AGREEMENT (TRAFFIC SIGNAL—TYPE I) 7-00 �... � , , EXHIBIT I LOCATION FM 2351 AT WOODLAND TRAIL DRIVE/ROYAL COURT GALVESTON COUNTY, TEXAS o�.�oo�-i6 STATE OF TEXAS § § COUNTY OF GALVESTON § I, Delores McKenzie,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 an ardinance duly passed by the City Council at a meeting held on the 18th day of Au ust, 2003, A.D., at seven o'clock P.M. To certify which, witness my hand and seal of the City of Friendswood, Texas, this 22nd day of_septeml�er, 2003, at Friendswood, Texas. ,�` V�if 4 Delores McKenzie, T C Ciiy Secretary City of Friendswood, Texas Ord260Cr16