HomeMy WebLinkAboutOrd 418 Agreement with State of Texas regarding highway signals and lightingTOWN OF WESTLAKE
ORDINANCE NO. 418
AN ORDINANCE APPROVING THE AGREEMENT DATED MAY 13, 2002,
BETWEEN THE STATE OF TEXAS AND THE TOWN OF WESTLAKE, FOR
THE BLANKET COVERAGE OF VARIOUS PROJECTS COVERING THE
INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND
MAINTENANCE OF HIGHWAY SIGNALS/LIGHTING IN THE TOWN OF
WESTLAKE; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT:
SECTION 1: That the certain agreement dated May 13, 2002,
between the State of Texas and the Town of Westlake, for the blanket coverage of various
projects covering the installation, construction, existence, use, operation, and
maintenance of certain highway traffic signals/lighting in the Town of Westlake be, and
the same is hereby approved; and that the Town Manager Trent Petty is hereby
authorized to execute said agreement on behalf of the Town of Westlake, 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 THIS 13" DAY OF MAY, 2002.
G� ,
ATTEST: Scott Bradley, Mayor
Trent Petty, Town>M ger
AGREEMENT FOR STATE TO INSTALL,
OPERATE AND MAINTAIN ALL
SIGNALS IN TOWN UNDER 50,000
OR ALL FREEWAY SIGNAL IN TOWN
OVER 50,000 POPULATION
(BLANKET AGREEMENT)
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT, dated this 13`" day of May, 2002, by and between the State of
Texas, acting by and through the Texas Department ofTransponarion, hereinafter called the
"State," Party of the First Part; and the Town of Westlake, Tarrant County,
Texas, acting`by and through its duly authorized officers under an Ordinance passed the 13"' day
of May 2002, hereinafter called the "Town," Darty of the Second Part, is made to become
effective when fully executed by both parties.
WITNESSETH
WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the Town
and the State, the State has been authorized to maintain certain highway routes within the Town;
and
WHEREAS, from time to time the Town has requested the State to install traffic signals on
certain highways within the Town; and
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 towns and on other highway routes in towns of less than 50,000 population (latest
Federal Census); and
WHEREAS, the Town has a population of less than 50,000 population according to the
latest Federal Census.
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AGREEMENT (TRAFFIC SIGNAL — TYPE B) 7-00
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. This Agreement shall apply to all highway traffic signal installations approved by both
the State and the Town, the Town's approval being indicated by signature of the Town Manager
on the plan title sheet for such installation. Highway traffic signal installations made a part of this
Agreement shall contain on the title sheet the following statement:
"The Town hereby consents to the construction of this highway traffic signal as to
location and manner of construction as indicated on these pians, said installation
being a part of "(Agreement Traffic Signal Type B), dated May 13, 2002."
2. 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).
3. The Town hereby consents to the construction of the highway traffic signal(s) by the
approval of the location and manner of construction as shown on plans and described in
specifications.
4. The Town 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.
5. 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 B) 7-00
6. The Town will be responsible for the police enforcement required for securing obedience
to the highway traffic signal(s).
7. In the event the signal(s) installed in accordance with this Agreement become unnecessary
or are removed for any reason, this Agreement shall terminate.
8. The State will not incur any financial obligation to the Town as a result of this Agreement.
9. Should the Town annex areas that have traffic signal(s) in place on highway routes, the
State agrees to leave the signal(s) in place and will continue to maintain and operate them in
accordance with this Agreement.
10. The State will retain ownership of all materials and equipment furnished and installed
under this Agreement.
It. 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 Town.
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
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: Director of Transportation Operations
P. O. Box 6868
Fort Worth, Texas 76115
WOT&I
AGREEMENT (TRAFFIC SIGNAL — TYPE B) 7-00
Town. Trent Petty, Town Manager
Town of Westlake
3 Village Circle, Suite 207
Westlake, Texas 76262
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 B) 7-00
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
in duplicate on the dates shown hereinbelow.
ATTEST:
TOWN OF WESTLAKE
Town Manager
C
t
DATE
Executed on behalf of the Town, this
13 1h day of May, 2002.
5 of 5
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
By: C,Z
Di trict Eng seer
Fort Worth
Date: 7 pZ
AGREEMENT (TRAFFIC SIGNAL — TYPE B) 7-00
istrict
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
418 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published were May 21,
2002.
A copy of the notice as published, clipped from the newspaper is attached hereto.
-S M2-4� 4 kj��-
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
COUNTY OF TARRANT
Pam Nolte
this 29th day of May, 2002, to certify which
witness my hand and seal of office.
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Notary Public, State of Texas
Printed Name of Notary
My commission expires r,
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TOWN OF WESTLAKE
ORDINANCE NO. 420
An ordinance adopting the
provisions of Article 9102,
t with the Town of
^lub
cecrurai carriers encuunteieu�entOii
by persons with disabilities;_."
ptanty ; <} b10 .. , 12,
SUM UIUS y
ed. All bid:
providing that this ordinance
shall be cumulative of all or-
dinances; providing a sever-
Tarrant Count 5.5% 45:
y
opened ant
abilityclause and providing
3exas�. 5.&/0 5971
Late will not be accept-
an effective date.
of the pool and the
E will pro
The Texas Workforce Commission released 61love
�I® NOTICE
and
PUBLIC NOTICE
The information was obtained from the workfoi
it 'newborn.
Statistics for the town of Westlake are unavail2
TOWN OF WESTLAKE
ides family,
uses paid.
1-800-792-
ORDINANCE NO. 419
An ordinance adopting the
°r!� [
Business! Lc fiJ
c Development Cor-
413 will enter into'a
REQUEST FOR
PROPOSALS
%N C
year 2000 edition of the Inter -
t with the T
v®
national Residential Building
Bank One has announced that it
Code in accordance with
Chapter 214G of the Local
SLE Sheph-
Government Code; providing
that this ordinance shall be
plans to Open a full-service branch
I on Keller-
i. No collar.
cumulative of .all ordinances;
at Keller Parkway and Keller -
y
providing a severability
clause and providing an ef-
Smithfield Road as part of an 1l-
fectivedate.
branch expansion in North .Texas,
company officials. said. The Keller
branch is scheduled to open toward
PUBLIC NOTICE
MEALS ON
s Volunteers.
TOWN OF WESTLAKE
the end of the year.
491-1141.
ORDINANCE NO. 418
Bank One opened a branch on
An ordinance approving the
Village Center Drive in Southlake
agreement dated May 13,
2002, between the State of
in the past few weeks.
Texas and the Town of West-
lake for the blanket cover-
age of various projects cov-
Two Keller residents were named
ermg the installation, con-
struction, existence, use, op-
to the Great 100 Nurses list by the
eration, and maintenance of
highway signals/lighting in
Texas Nurses Association. Ruth
the Town of Westlake;'pro-
viding for the execution of
Lucas is a reStOratiVe-Care, nurse at
said agreement; and declar-
Harris -Methodist Fort Worth
ing an emergency
hospital, and Sandy Salmon is a
PUBLIC NOTICE
EI® NOTICE BID I
EARING
TOWN OF WESTLAKE
ORDINANCE NO. 417
ADVERTISEMENT FOR ADVERT
BIDS
OF A
IING OF THE
DMIC
..M 1T
An ordinance of the Town of
WPStInko TPYAC... l:rpptinn
The Northwest Inde pendent The Northu
_..
t with the Town of
^lub
, nance'shali be cumulative of
bUU Klein hoar, tune iuu,
Plano, Texas 75074.
SUM UIUS y
ed. All bid:
to reimburse
p a!l ordinances; providing a
opened ant
7f the 1.4 million dol-
service for the con-
severability clause and pro-
viding an effective date.
Late will not be accept-
Owner, At
of the pool and the
ed. bids
ed. Alll bids will be publicly;
Constructio
�I® NOTICE
and phase 3 of the
opened and reviewed by the '
Owner, Architect and the
compietior
recommenc
oark.
:Construction Manager. Upon
sented to a
wn of Trophy ClubLEGALNOTPCE
completion of this review,
recommendations will be pre-
dependent
eonsideral
c Development Cor-
413 will enter into'a
REQUEST FOR
PROPOSALS
rented to the Northwest ln-
contracts i
t with the T
riananriont Cnhnnf h.c4.,,.a