HomeMy WebLinkAbout140 03-28-1961ORDINANCE NO. 140
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED
MARCH 28, 1961 BETWEEN THE STATE OF TEXAS AND THE CITY OF EULESS,
FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION,
AID MAINTENANCE OF HIGHWAY SIGNAL PROJECT (S) SHOWN ON EXHIBIT
1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF EULESS;
PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULE7S:
SECTION 1. That the certain agreement dated March 28, 1961
between the State of Texas and the City of Euless, for the
installation, construction, existence, use, operation, and
maintenance of certain highway traffic signal(s) at the loca-
tion. (s) shown on EXHIBIT 1, attached hereto and made a part
hereof, in the City of Euless, be and the same hereby approved,
and Ernest Millican, Jr, is hereby authorized to execute said
agreement on behalf of the City of Euless, 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 passate, and it is accord-
ingly so ordained.
ATTEST:
` SECRETARY
City
Clerk
APPROVED AS TO FORM:
City Attorney
ORDINANCE ( TRAFFIC SIGNAL)
PASSED: .
APPROVED:
STATE OF TEXAS
COUNTY OF TaAVIS
This AGREEMENT, made this 28th day of March, 1961, by and
between the State of Texas, hereinafter called the "State ", Party
of the First Part; and the City of Euless, Tarrant, County, Texas,
acting by and through its duly authorized officers under an Ord-
inance passed the 28th day of March, 1961, hereinafter called
the "City ", Party of the Second Part:
W I T N E S S E T H:
IIVHEREAS, the City has authorized the installation of high-
way traffic signal(s) by Ordinance passed on the 28th day of March,
1961, at the location (s) shown on EXHIBIT 1, attached hereto and
made a part hereof, in the City:
A G R E E M E N T
NOIN, therefore, in consideration of the premised 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 high-
way traffic signal, 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 high-
way traffic signal (s) shown on EXHIBIT 1 by the approval of the
location and manner of construction as shown on plans and described
in specifications attached hereto, marked EXHIBIT 2, ADID MADE A
part hereof.
3. The City will exercise no control whatsoever over the
operation, maintenance, use, or existence of the highway traffic
signal without written authority from the State Highway Engineer.
4. The State shall have the authority to make such changes
in the design and operation of the highway traffic signal 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 hi 'Thway traffic signal.
6. In the event the terms of this Agreement are in conflict
with the provisions of any other existing Agreement and /or
Contracts between the City and the State, this Agreement shall take
precedence over the other Agreements and /or Contracts.
IN TESTIMONY '.IHFREOF, the parties hereto have caused these
presents to be executed in triplicate on the day above stated.
ATTEST:
i
ed,ret ryi For City Ma
APPROVED AS TO FORM:
eneral Attorneys for the City
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of activa-
ting and /or carrying out the orders,
established policies, or work pro -
graMs heretofore approved and
authorized by the State Highway
Commission:
By
Chief Engineer of Mainten-
ance Operations
RECOMMENDED FOR APPROVAL:
District Engineer
Assistant Attorney General Engineer of Traf is