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HomeMy WebLinkAboutOrdinance No. 91-31 � � � • � � � . � ", , � ' , t � O�2DINANCE NO. 91-31 AN ORDINANCE PROVIDING FOR THE APPR�VAL OF THE AGREEMENT DATED NOVEMBER 18, 1991 BETWEEN THE STAT�. OF TEXAS AND THE CITY OF FRIENDSWOOD, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATIQN 5HOWN ON EXHIBIT l, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF FRIENDSWOOD; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT: AND DECLARING AN EMERGENCY. * * * * * * * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD: Section 1. That the certain agreement dated November 4 , 1991 between the State of Texas and the City of Friendswood, for the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the locatian shown on EXHIBIT, 1, attached hereto and made a part hereof, in the City of Friendswood, be and the same is hereby approved, and Mayor Paul W. Schrader is hereby authorized to execute said agreement on behalf Qf 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 are needed, creates an emergency which for 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. PASSED AND APPROVED on first reading this 4th day of November, 1991. PASSED AND APPROVED on second and final reading this 18th day of November, 19�1. aul W. Sc rader Mayor ATT S '; � , i�elor�s �,rcher City Secretary � ^ , � i, • • , . , . EXHIBIT 1 LOCATIONS FM 518 AT CASTLEWOOD DRIVE IN FRIENDSWOOD EXHIBIT 1 � �. ' �� - ` � .� ' � � � . t srA� oF z�s � cxxn�� oF �vTS � Zhis AC�kZ�. dated this l�t h ��, o f Novembe r , 19 91 , by arxi between the State of Z�exi.s, called the "State,�� party of the First Part; and the City of Friendswood , GalYeston Q�tmtY, `I`e�s, actincJ by ar�d th�i its ch�1y at�rized offioezs �r an 4�is�noe/�����, Pas-se� the 1�h day of N��vembe r , 19 91 , herei naftpr called the "City," Party of the Seoarxi part, is m� to b�ie effective when fully executed by both parties. W I T N E S S E T H Fff�RFAS, the City has authorized the installation, operation, and ma��oe of higYnray traf f ic s ic�al(� bY Ord�n�ance������� P� °n the 18�h day of Novembe� 1991 , at the location(� shcx�m � ��IBIT 1� attac�Led heret.o and mac�e a part hPSeof; �AS� the State tmder t��e pravisions of Title 43, Texas Administrative Code, Sec.tiori 25.5, has authority to install, o�er'at�e ar�d maintain traffic signals o� freeway type hic�tZwaYs in all cities and on other hic��ray routes in cities of less than 50,000 population (latest Federal CensLLS) ; and �'�S, the City has a population of wer/less than 50,000 pc�xilation accordi� to the latrest Federal ��us; arxi �'AS� th�e State wishes to oo�erate with th�e City in the irzstallation of traffic sic�al¢� at the location(� shown in �-iIBIT 1: A G R E E M E N T NC7W, therefare, in c�aLSideratian of the p�ni.��es and of the autual ewenaztts a,nd of the paities h�r�to to be by th�n r�ectivelY kePt ar�d perfota�d, as set forth, it is agreed as follaws: pC� �TC SIQ�L - 'I'�E n 1-3 08-89 � �. � . ' . . < • . . . . • � 1. Zhe State w il l fi�rn i�h th� r�ecessaiy f t_u Y1s f o r the actua 1 �_icez, nr-�i�rp plans arr3 specifications, i_i�stall said hic�iway traffic �� sic�Zal(� , s��ervise �n�ction, and t�on cc��letion of corLStzl.iction, will furnish the pow�x� and c�erate and ma i rrt-a in said hig�nray traf f ic s ic�a_l� . 2. 'Ihe City h�x�y c�onsesrts to the �-tructian of the hic�iway traffic signal� srx�m on �-�IT 1 by the appr�nral of the locatiQn arr3 maiu�r- of �tic�n as shown � the plans ar�d dQSCribe�l in the s�ecifications. 3. �e City wi11 e��ise no oorttrol whatsoever aver the opPration, maintenarre, use, or existence of the hic�n�ray traffic signal� without written authority fran the State Depart�nt of Hic��,,rays and Public Trarisportatical. 4. �ve State shall have the authority to make such c�anqes in the design and operatioaz of the higiiway traffic signal(� as it may deesn r�sa_iy and advisable to pn�ot-�e the safe, c�rzvenierrt, arx� o�erly movement of traffic. 5. �e City will be responsible for the polic� enfor�nt Z�qui_red for ',, � securing obedience to the higt�ray traf f ic s ic�al(� . 6. In the event the signal(�$ irzstalled in aocon�ance with thi� Agreement ber,x�e tau�eoessary or are z�noved for any reason, this Agree�ne�t shal l tezminate. 7. Zhe State w:i11 not irx�� any financial abligation to the City as a result of this Ag�nent. P(�"�2� ('�?A�YZC SR�L - Z�E n 2-3 08-89 ) � � � � gT TESTpLNy ia��F, the paz�ties hPSeto have cau_�i thes�e p�r�ts to be e�ted in triplicate �n the dates shr.�m hQSeinbelaa. Fjceaited on b��a1f of the City, t'zis 1Rth �y of N��vember lg 91 ATI'F�!': � / . for City / Mayor De]�,ris Archer L Pau] W. Schrader 'Ii� STATE OF TEXA.S Certified as bei� execut.ed for the pur�se ar�d effect of activatirr� aixl/or c.anyir�g out the ordezs, established p�licies, or work progranzs heretofore approved and aut�orized by the State Hic�way ar�d Public Tz-arLSportation � �nission tmder the authority of Minute Order 82513. AFPF�7VID: BY� Traf fic �ioazs II�g' �' ,/2 -,C?��/ �ST �FFTC SIf.3�F�L — ZYP£ n 3-3 08-89