HomeMy WebLinkAboutOrdinance No. 98-08 ORDINANCE N0. 98-8
A ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING
FOR THE APPROVAL OF THE AGREEMENT DATED APRIL 20, 1998,
BETWEEN THE STATE OF TEXAS AND THE CITY OF FRIENDSWOOD, FOR
THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION
AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNAL/LIGHTING AT THE
LOCATION(S) SHOWN ON EXHIBIT 1, F.M. 518 AND SHADOWBEND,
ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF
FRIENDSWOOD; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT.
* * * * * * * * * * * * *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF
TEXAS:
Section 1. That the certain agreement dated April 20, 1998 (Exhibit "A")
between the State of Texas and the City of Friendswood, for the
installation, construction, existence, use, operation and maintenance of
certain highway traffic signals/lighting at the location(s) shown on Exhibit
l, attached hereto and made a part hereof, in the City of Friendswood, be
and the same is hereby approved, and the Mayor is hereby authorized to
execute said agreement on behalf of the City of Friendswood and to transmit
the same to the State of Texas for appropriate action.
Section 2. The fact that the improvements contemplated under the above
mentioned agreement, attached hereto as Exhibit "A�� are needed, creates an
emergency for which the immediate preservation of the public peace, health,
safety, and general welfare require that this Ordinance take effective
immediately from and after its passage, and it is accordingly so ordained.
PASSED, APPROVED on first reading this 6th day of ApY'll , 1998.
PASSED, APPROVED, AND ADOPTED on second and final reading this 20th day
of April ,1998.
i�.�c-'v
Mayor Harold L. Whitake
City of Friendswood
ATTEST:
. �
Deloris McKenzie, TR
City of Friendswood
P?otion: T�Tel Austin
2nd: Kitten Na�ecate
Anproved: Unanimously
098.8/LST03
. � , � ' � '
EXHIBIT "A"
� 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 2 0 t h day of Ap r i 1 ,
19 9 8 , 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
2 0 th day of Apr i 1 , 19 9 8, hereinafter called the "City," Party of the
Second Part, is made to become effective when fully executed by both parties.
WITNESSETH
VVF�REAS, the City has authorized the installation, operation, and maintenance of
highway traffic signal(s)by Ordinance/Resolution, passed on the 2 0 thday of
Ap r i 1 , 19 9 8 at the location(s) shown on EX�-IIBIT 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 50,000 population (latest
Federal Census); and
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AGREEMENT (TRAFFIC SIGNAL - TYPE I) 8-96
� W�-�EREAS, the City has a population of over/less than 50,000 population according to
the latest Federal Census; and
WI�REAS, 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 TI�REFORE, 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 construction, 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
EX��IT 1 by the approval of the location and manner of construction as shown on the plans and
described in the specifications.
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.
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AGREEMENT (TRAFFIC SIGNAL- TYPE I) 8-96
" 5. The City will be responsible for the police enforcement required for securing obedience to
the highway traf�ic 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 for its own acts and deeds and for those of its agents or employees during the
performance of the work defined in this Agreement.
10. This agreement may be ternunated 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 or unenforceability
shall not affect any other provisions hereof and this Agreement shall be construed as if such
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AGREEMENT (TRAFFIC SIGNAL - TYPE I) 8-96
invalid, illegal, or unenforceable 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 Harold Whitaker
Mayor, City of Friendswood
910 South Friendswood Drive
Friendswood, Texas 77546
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.
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AGREEMENT (TRAFFIC SIGNAL - TYPE I) 8-96
� IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in
duplicate on the dates shown hereinbelow.
Executed on behalf of the City, this
20thdayof A ril , 1998 .
ATTEST:
� �
. .
By:
S cretary for City ayor
THE STATE OF TEXAS
Executed for the Executive Director and approved
for the Texas Transportation Commission under the
Authority of Minute Order 100002 and Stand Alone
Manual Notice 9b-3, for the purpose and effect of
activating and/or carrying out the orders, established
policies or work programs by the Texas
Transportation Commission.
APPROVED:
ByC��""��. Zc-�..��,..r�_ V?4 �
For District Engineer
Houston District
Date: �//'�/98
-���
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AGREEMENT (TRAFFIC SIGNAL - TYPE I) 8-96
Motion: ^�.A.
2nd: K.H.
A./U
' EXHIBIT 1
LOCATIONS
FM 518 at Shadowbend Avenue in Friendswood
EX�IIBIT 1
STATE OF TEXAS
COUNTY OF GALVESTON
I� Deloris 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 ordinance/resolution duly passed
by the City Council at a meeting held on Apr i 1 2 0, , 19 9 8 , A.D., at
7 : 0 0 o'clock P M.
To certify which, witness my hand and seal of the City of Friendswood , Texas,
this 21 S t�iay of Ap r i 1 , 19 9 8 , at Friendswood , Texas.
C
. �
City Secretary of the City of
Friendswood , Texas
CITY SECRETARY'S CERTIFICATE 1-1 1-95