HomeMy WebLinkAboutOrdinance No. 94-01 ORDINANCE N0. 9�-1
AN ORDINANCE OF THE CITY OF FRIENDSWOOD , PROVIDING
- FOR THE APPOVAL OF THE AGREEMENT DATED FEBRUARY 21
199� BETWEEN THE STATE OF TE�AS AND THE CITY OF
• �RIENDSWOOD , FOR THE INSTALLATIQN, CONSTRUCTION,
' EXISTENCE, USE, OPERATION , AND MAINTENANCE OF
HIGH�IAY TRAFFIC SIGNALS/ILLUMINATION AT THE
' LOCATION(S) OF FM 518 AT CLEARVIEW AVENUE AN FM
528 AT BRIAR CREEK/FALCON RIDGE IN FRIENDSWOOD AS
SHOWK ON EXHIBIT 1 , ATTACHED HERETO AND MADE A PART
HEREOF , IN THE CITY OF FRIENDSWOOD; AND PROVIDTNG
FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING
AN EMERGENCY.
� � �E �C f f � � 1E f C f
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD , STATE OF TEXAS:
SECTION .1. That the certain agreement dated February
21 , 1994 between the State of Texas and the City of Friendsxood ,
for the installation, construction, existence , use , operation ,
and maintenance of certain highway traffic signals/illumination
at the location (s) 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 Evelyn Newman 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 .
�ECTION �. The fact that the improvements eontemplated
under the above mentionec� agreement are needed , creates an
emergency which for the immediate preservation of the public
peace , health , safety, and general walfare requires that this
Ordinance take effect immediately from and after its passage , and
it is aeeordingly so ordained .
PASSED AND APPROVED on first reading this 7th day of
February, 1994 .
PASSED, APPROVED AND ADOPTED on second and final
reading this 21st day of February, 199�+ .
� �O�i�Pl�--!�
Evely B. Newman
� Mayor
, s
Deloris McKei�z e , Rt�C
City Secretary
• STATE OF TEXAS
• COUNTY OF GALVESTON
I� Deloris McKenzie , the duly appointed, qualified
and ��g� city secretary of the City of FRIENDSWOOD ,
Texas, hereby certify that the foregoing pages constitute a true
and correct copy of an ordinancex���€�%��f��iM duly passed by the
City Council at a meeting held on Februarv 21 , A.D. ,
19 94, at 7:00 , o'clock �. M.
To certify which, witness my hand and seal of the City of
FRIENDSWOOD , Texas, this 21st day of
February � lg 94, at FRIENDSWOOD , Texas.
c
s
.
City Secretary of e City of
Deloris McKenzie, TRMC
FRIENDSWOOD , Texas
11-91
. ,' .. . . , ..... , , • • �. , .
ORD. 94-1
AGREEMENT FOR 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 21st day of February , 1g 94 , by and
between the State of Texas, 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/H��€t�%�if��4�, passed the 2lstday of February , 19�,
hereinafter called the "City, " Party of the Second Part, is made to
become effective when fully executed by both parties.
W I T N E S S E T H
WHEREAS, the City has authorized the installation, operation, and
maintenance of highway traffic signal (s) by Ordinance/H�f�€�tY�iif���4, passed
on the �� day of FPbr�,arr , 19�/�, 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 Y�ighways in all cities and on
other highway routes in cities of less than 50, 000 population (latest
Federal Census) ; and
WHEREAS, the City has a population of �e�.r/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 l.
1 of 3 11-91
AGREEMENT (TRAFFIC SIGNAL - TYPE I)
A G R E E M E N T
• 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
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 EXHIBIT 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.
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 sigrial (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 and financial obligation to the City as
a result of this Agreement.
2 of 3 11-91
AGREEMENT (TRAFFIC SIGNAL - TYPE I)
IN TESTIMONY 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
21st day of Februarv 19,g�.
ATTEST:
. � B �
Y�
Secre ary for ity ayo
Deloris McKenzie, TRMC Evelyn Newman
THE STATE OF TEXAS
Executed for the Executive Director and approved for
the Texas Transportation Commission under the Authority
o£ Minute Order 100002 and Administrative Circular 26-93,
for the purpose and effect of activating and/or carrying
out the orders, established policies or work programs
by the Texas Transportation Commission.
APPROVED:
y: ,��'^ry-�� � {���`�''`'�, ,P.E.
�Director, Traffic Operations Division
DATE• � �`� �
3 of 3 11-91
AGREEMENT (TRAFFIC SIGNAL - TYPE I)
EXHIBIT 1
IACATIONS
FM 518 AT CLEARVIEW AVENUE
FM 528 AT BRIAR CREEK/FALCON RIDGE
IN FRIEND5WOOD
EXHIBIT 1