R-01-09-13-15F6 - 9/13/2001 RESOLUTION NO. R-01-09-13-15176
WHEREAS, Chapter 791 of the Texas Government Code, V.T. C.A. ,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an Agreement
for City to Assume Operation and Maintenance of Existing Signals When
Annexed by City over 50 , 000 Population or City Grows to Over 50, 000
Population ("Agreement") with the State of Texas, acting through the
Texas Department of Transportation, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City said Agreement, a copy of same being attached hereto
as Exhibit "A" and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 13th day of Sep er 2001 .
CR AA. S UKA, Mayor
T 9City of Round Rock, Texas
JO NE LAND, City Secretary
::ODMA\WORLDOX\0:\WDOX\RESOLUTZ\R10913F6.WPD/sc
AGREEMENT FOR
CITY TO ASSUME OPERATION
AND MAINTENANCE OF
EXISTING SIGNALS WHEN ANNEXED
BY CITY OVER 50,000 POPULATION
OR CITY GROWS TO OVER
50,000 POPULATION
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT, dated this day of ,20_, 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 ) mac
WnL1X49CN County,Texas, acting by and through its duly authorized
officers under an Ordinance/Resolution,passed the day of
20—,hereinafter called the"City,"party of the second part, is made to become effective when
fully executed by both parties.
WITNESSETH
WHEREAS, there is (are) (a)highway traffic signal(s) in place at the location(s) shown
on EXHIBIT 1, attached hereto and made a part hereof, said highway traffic signal(s)having
been installed, operated, and maintained by the State at a time when said location(s) was (were)
not within the corporate limits of a City of 50,000 population or over; and
WHEREAS, said location(s) is (are) now within the corporate limits of a City of 50,000
population or over; and
1 of 6
AGREEMENT (TRAFFIC SIGNAL–TYPE CA) 7-00
EXHIBIT
1 "All
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
WHEREAS,the City has requested the State to leave the highway traffic signal(s) in
place at the location(s) shown on EXHIBIT 1 and has authorized the continued existence, use,
operation, and maintenance of the highway traffic signal(s)by Ordinance/Resolution passed on
the day of 120_.
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 leave the highway traffic signal(s) in place at the location(s) shown on
EXHIBIT 1.
2. For location(s) listed on EXHIBIT 1 as non-freeway locations:
2.1. The City will operate and maintain the signal(s) at their expense.
2.2. The City will pay all power costs for operating the signal(s).
2.3. The City shall be the responsible authority to make 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.
2 of 6
AGREEMENT(TRAFFIC SIGNAL—TYPE CA) 7-00
2.4. The City will return any and all parts of said highway traffic signal installation(s)to the
State should it(they)be removed by the City for any reason other than for installation on a
State or Federal numbered highway route at a location approved by the State.
2.5. 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.
3. For location(s) listed on EXHIBIT 1 as freeway locations:
3.1. The State will operate and maintain the signal(s) at its expense.
3.2. The State will pay all power costs for operating the signal(s).
3.3. 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.
3.4. 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.
4. General conditions for all locations shown on EXHIBIT 1.
4.1. The City will be responsible for the police enforcement required for securing obedience
to the highway traffic signal(s).
4.2. In the event the signal installation(s) covered by this Agreement become unnecessaryor
is (are)removed for any reason,this Agreement shall terminate.
3 of 6
AGREEMENT(TRAFFIC SIGNAL—TYPE CA) 7-00
4.3. The State will not incur any financial obligation to the City as a result of this
Agreement.
4.4. 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.
4.5. 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.
4.6. 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: Texas Departwnt of Traiispertatim
PO Drawer 15426
Austin Texas 78761-5426
City: City of Rctuid Rack
221 East Main Street
Rar d Rpdc, Tb)w 78664
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.
4 of 6
AGREEMENT(TRAFFIC SIGNAL-TYPE CA) 7-00
4.7. 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.
f
5 of 6
AGREEMENT(TR.AFFIC SIGNAL—TYPE CA) 7-00
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
day of , 20_.
ATTEST:
By:
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:
By:
District Engineer
District
Date:
6 of 6
AGREEMENT (TRAFFIC SIGNAL—TYPE CA) 7-00
EXHIBIT I
Signalized intersections on State Highways located in the City of Round
Rock.
LOCATION TYPE OF SIGNAL
SIGNALS
1. BI 35 @ ANDERSON AVE NON-CONTROLLED ACCESS
2. BI 35 @ BOWMAN ROAD NON-CONTROLLED ACCESS
3. BI 35 @ US 79 NON-CONTROLLED ACCESS
4. US 79 @ SUNRISE DR NON-CONTROLLED ACCESS
5. US 79 @ GEORGETOWN ST NON-CONTROLLED ACCESS
6. BI 35 @ FM 620 NON-CONTROLLED ACCESS
7. BI 35 @ LOGAN ST NON-CONTROLLED ACCESS
8. BI 35 @ GATTIS SCHOOL RD NON-CONTROLLED ACCESS
9. US 79 @ STADIUM ENTRANCE NON-CONTROLLED ACCESS
10. US 79 @ HARRELL PARKWAY NON-CONTROLLED ACCESS
11. FM 1460 @ OLD SETTLERS BLVD NON-CONTROLLED ACCESS
12. FM 1460 @ BOWMAN RD NON-CONTROLLED ACCESS
13. US 79 @ EGGER AVE NON-CONTROLLED ACCESS
14. US 79 @ CR 122 NON-CONTROLLED ACCESS
15. US 79 @ FM 1460 NON-CONTROLLED ACCESS
16. FM 620 @ DEEPWOOD DR NON-CONTROLLED ACCESS
17. FM 620 @LAKE CREEK DR NON-CONTROLLED ACCESS
18. FM 620 @ OAKLANDS DR NON-CONTROLLED ACCESS
19. FM 620 @CHISHOLM TRAIL NON-CONTROLLED ACCESS
20. FM 1325 @ PARKER DR NON-CONTROLLED ACCESS
21. FM 1325 @ LA FRONTERA BLVD NON-CONTROLLED ACCESS
SCHOOL ZONES
22. FM 620 @ ROUND ROCK HIGH SCHOOL NON-CONTROLLED ACCESS
23. BI 35 @ SOUTH SET NON-CONTROLLED ACCESS
24. BI 35 @ NORTH SET NON-CONTROLLED ACCESS
BEACONS
25, SAM BASS RAILROAD ADVANCE CONTROLLED ACCESS
EXHIBIT 1 -LOCATION 4- 7-00
TRAFFIC SIGNAL-TYPE R
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TRAFFIC SIGNALS
DATE: September 7, 2001
SUBJECT: City Council Meeting—September 13, 2001
ITEM: 15.F.6. Consider a resolution authorizing the Mayor to execute an Agreement
for City to Assume Operation and Maintenance of Existing Signals
When Annexed by City Over 50,000 Population or City Grows to Over
50,000 Population with the Texas Department of Transportation. This
agreement provides for the transfer of the responsibility for non-
controlled access highway traffic signal devices from TxDOT to the City
of Round Rock. The transfer of responsibility should occur around
October 1, 2001.
Resource: Jim Nuse, Director of Public Works
Tom Word, Chief Traffic Engineer
History: The State has a policy, which requires a City to install, maintain, and operate all
traffic signals located on non-controlled access highways within the City when the
population of the City exceeds 50,000 by the latest Federal Census. This agreement
provides for the transfer of the responsibility for non-controlled access highway
traffic signal devices from TxDOT to the City of Round Rock. We anticipate the
transfer of responsibility to occur on October 1, 2001. The State will allow cities to
maintain and operate traffic signals on controlled access highways, which will be
covered by a separate agreement.
Funding:
Cost: $105,000
Source of funds: Operating Budget for Traffic Signals
Outside Resources: N/A
Impact: The transfer of responsibility covered by this agreement will add 20 traffic signals, 3
school zones, and one advance railroad-warning beacon to the City's maintenance
responsibility. The City currently maintains traffic signals at 9 intersections.
Benefit: The City will now control the timing of the traffic signals, which will allow us more
flexibility to develop traffic signal progressions on our arterials.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
(ORIGINAL
AGREEMENT FOR
CITY TO ASSUME OPERATION
AND MAINTENANCE OF
EXISTING SIGNALS WHEN ANNEXED
BY CITY OVER 50,000 POPULATION
OR CITY GROWS TO OVER
50,000 POPULATION
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT, dated this 3 day of , 20ol, 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 FOID FCCK
w.LIAKqai County, Texas, acting by and through its duly authorized
officers under an Ordinance/Resolution, passed the 13 day of
2001, hereinafter called the "City," party of the second part, is made to become effective when
fully executed by both parties.
WITNESSETH
WHEREAS,there is (are) (a) highway traffic signal(s) in place at the location(s) shown
on EXHIBIT 1, attached hereto and made a part hereof, said highway traffic signal(s) having
been installed, operated, and maintained by the State at a time when said location(s) was (were)
not within the corporate limits of a City of 50,000 population or over; and
WHEREAS, said location(s) is (are) now within the corporate limits of a City of 50,000
population or over; and
1 of 6
AGREEMENT (TRAFFIC SIGNAL—TYPE CA) 7-00
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
WHEREAS,the City has requested the State to leave the highway traffic signal(s) in
place at the location(s) shown on EXHIBIT 1 and has authorized the continued existence,use,
operation, and maintenance of the highway traffic signal(s) by Ordinance/Resolution passed on
the day of , 200/.
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 leave the highway traffic signal(s) in place at the location(s) shown on
EXHIBIT 1.
2. For location(s) listed on EXHIBIT 1 as non-freeway locations:
2.1. The City will operate and maintain the signal(s) at their expense.
2.2. The City will pay all power costs for operating the signal(s).
2.3. The City shall be the responsible authority to make 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.
2of6
AGREEMENT (TRAFFIC SIGNAL—TYPE CA) 7-00
2.4. The City will return any and all parts of said highway traffic signal installation(s)to the
State should it(they)be removed by the City for any reason other than for installation on a
State or Federal numbered highway route at a location approved by the State.
2.5. 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.
3. For location(s) listed on EXHIBIT 1 as freeway locations:
3.1. The State will operate and maintain the signal(s) at its expense.
3.2. The State will pay all power costs for operating the signal(s).
3.3. 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.
3.4. 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.
4. General conditions for all locations shown on EXHIBIT 1.
4.1. The City will be responsible for the police enforcement required for securing obedience
to the highway traffic signal(s).
4.2. In the event the signal installation(s) covered by this Agreement become unnecessary or
is (are) removed for any reason,this Agreement shall terminate.
3 of 6
AGREEMENT(TRAFFIC SIGNAL—TYPE CA) 7-00
4.3. The State will not incur any financial obligation to the City as a result of this
Agreement.
4.4. 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.
4.5. 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.
4.6. 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: 'Texas Deparbnmt of Tra-isportaticn
Fn Drawer 15426
Austin Texas 78761-5426
City: City of Rax-d Rods
221 East Main Street
PcLrd Pcck, Texas 78664
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.
4 of 6
AGREEMENT (TRAFFIC SIGNAL—TYPE CA) 7-00
4.7. 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.
f.
5 of 6
AGREEMENT (TRAFFIC SIGNAL—TYPE CA) 7-00
1
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
day of 2001.
ATTEST:
Sec tat' CMayor
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
i approved and authorized by the Texas
Transportation Commission.
APPROVED:
By:
District Engineer
District
Date:
6of6
AGREEMENT (TRAFFIC SIGNAL—TYPE CA) 7-00
S
EXHIBIT 1
Signalized intersections on State Highways located in the City of Round
Rock.
LOCATION TYPE OF SIGNAL
SIGNALS
1. BI 35 @ ANDERSON AVE NON-CONTROLLED ACCESS
2. BI 35 @ BOWMAN ROAD NON-CONTROLLED ACCESS
3. BI 35 @ US 79 NON-CONTROLLED ACCESS
4. US 79 @ SUNRISE DR NON-CONTROLLED ACCESS
5. US 79 @ GEORGETOWN ST NON-CONTROLLED ACCESS
6. BI 35 @ FM 620 NON-CONTROLLED ACCESS
7. BI 35 @ LOGAN ST NON-CONTROLLED ACCESS
8. BI 35 @ GATTIS SCHOOL RD NON-CONTROLLED ACCESS
9. US 79 @ STADIUM ENTRANCE NON-CONTROLLED ACCESS
10. US 79 @ HARRELL PARKWAY NON-CONTROLLED ACCESS
11. FM 1460 @ OLD SETTLERS BLVD NON-CONTROLLED ACCESS
12. FM 1460 @ BOWMAN RD NON-CONTROLLED ACCESS
13. US 79 @ EGGER AVE NON-CONTROLLED ACCESS
14. US 79 @ CR 122 NON-CONTROLLED ACCESS
15. US 79 @ FM 1460 NON-CONTROLLED ACCESS
16. FM 620 @ DEEPWOOD DR NON-CONTROLLED ACCESS
17. FM 620 @LAKE CREEK DR NON-CONTROLLED ACCESS
18. FM 620 @ OAKLANDS DR NON-CONTROLLED ACCESS
19. FM 620 @CHISHOLM TRAIL NON-CONTROLLED ACCESS
20. FM 1325 @ PARKER DR NON-CONTROLLED ACCESS
21. FM 1325 @ LA FRONTERA BLVD NON-CONTROLLED ACCESS
SCHOOL ZONES
22. FM 620 @ ROUND ROCK HIGH SCHOOL NON-CONTROLLED ACCESS
23. BI 35 @ SOUTH SET NON-CONTROLLED ACCESS
24. BI 35 @ NORTH SET NON-CONTROLLED ACCESS
BEACONS
25. SAM BASS RAILROAD ADVANCE NON-CONTROLLED ACCESS
EXHIBIT 1 -LOCATION -1- 7-00
TRAFFIC SIGNAL-TYPE R