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HomeMy WebLinkAbout380 07-14-1970ORDINANCE NO. 380 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JULY14,1970 BETWEEN THE STATE OF TEXAS AND THE CITY OF EULESS FOR THE INSTILLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY SIGNAL, PROJECT (S) AT THE LOCATION (S)SHOWN ON EXHIBTS ATTACHED HEREIN AND MADE 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 EULESS SECTION 1. That the certain agreement dated July 14, 1970, 1 between the State of Texas and the City of Euless for the installation, con- struction, existence, use, operation, and maintenance of certain highiNzy traffic signal(s) at the location(s) shown on EXHIBIT 1, attached hereto and made a art hereof, in the City of Euless , be and the same is :ere�Dy approved, and Mayor A. C. Krause is hereby authorized to execute said agreement on behalf of the City of Euless , and to trap s:n-4 t t. -e 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 preservatio:. of the public peace, health, safety, and general welfare requires that this Or4'i- nance take effect.immediately from and after its passage, and it is accordingly so ordained. PASSED: July 14, 1970 APPROVED: July 14, 1970 ATTEST: Mayor CZL% i'G�LL'(L/ Secretary City Ct *xk TO FORM: "'.-M akv City Altorney ORDINANCE (TRAFFIC SIGNAL) 1 -1 D -13 STATE OF TEXAS X COUNTY OF TRAVIS X This AGREEMENT, made this 14th day of July , "�. by and between the State of Texas, hereinafter called the "State ", Party of the First Part; and the City of Euless , Tarrant ocounty, Texas, acting by and through its duly authorized officers under an Ord` `` i1 4, c passed the loth day of July , 19 70 , hereinafter called t-e "City ", Party of the Second Part: W I T N E S S E T H: WHEREAS, the City has authorized the installation, operation, maintenance of highway traffic signal(s) by Ordinance passed on the R¢selratisn day of July , 19___ZO, at the location(s) shown on EXHIBIT 1, at:-c::ec hereto and made a part hereof, in the City: A G R E E M E N T: NOW, therefore, in consideration of the premises and of the L:utua l covenants and agreements of the parties hereto to be by them respectively and performed, as hereinafter set forth, it is agreed as follows: 1. The State will furnish the necessary funds for the actual co:- struction, prepare plans and specifications, install said highway traffic supervise construction, and upon completion of construction, will operate maintain said highway traffic signal(s). AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) File l-".121-1 1 -S 2. The State will reimburse the City for the cost of t;.e energy used in operating the highway traffic signal(s) as measurcu :; :.___._a of a meter installed to serve the highway traffic signal(s), or as some method other than a meter which is mutually acceptable to all concerned. The State's payment for the electrical energy shall be based o: tie minimum unit rate charged the City under the City's contract with tl:e -owes- agency supplying electrical energy to the City. In the event the electrical energy is supplied through a municipally owned electrical power generation system, the State's payment for the electrical energy shall be based on the minimum unit rate appearing in the City's commercial rate structure. The City will forward the State two copies of its existing co trac with the power agency for electrical energy, and thereafter as the exiszi: or governing control is terminated and new contracts are executed. All requests for payment for electrical energy shall be pro?crly certified and submitted by the City to the District Engineer of the State way Department at Fort Worth , Texas. Such requests for shall be in accordance with forms prescribed by the State and shall ba at not less than monthly intervals. The City will maintain a system of rec3 ds necessary to support and establish the eligibility of all claims for under the terms of this contract. When requested by the State the City wi:.l permit and assist in an audit by an auditor of the State Highway Depart:,^.e:.�- of this record or any other records of the City which pertain to the costs of electrical energy as covered by the terms of this agreement. AGREEMENT (TRAFFIC SIGNAL - TYPE IA) 2 -5 1 - /V --7 File 3. The City hereby consents to the construction of the n .;:.r.. is signal(s) shown on EXHIBIT 1 by the approval of the location and mar-nor c construction as shown on plans and described in specifications attaches marked EXHIBIT 2, and made a part hereof. 4. The City will exercise no control whatsoever over the opera ion, maintenance, use, or existence of the highway traffic signal(s) without written authority from the State Highway Engineer. S. The State shall have the authority to make such changes in z,.e 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 tra< ic. 6. The City will be responsible for the police enforcement requirad for securing obedience to the highway traffic signal(s). 7. In the event the terms of this Agreement are in conflict wiz:. provisions of any other existing Agreementsand /or Contracts between the iizy ana the State, this Agreement shall take precedence over the other Agreements an---/or Contracts. AGREEMENT (TRAFFIC SIGNAL - TYPE lA) 3-5 File 16.126 -3 IN TESTIMONY WHEREOF, the parties hereto have caused zhcse be executed in triplicate on the day above stated. ATTEST: Secretary for City VED TO FORM: al At orneys for the City Assistant Attorney General AGREEMENT (TRAFFIC SIGNAL - TYPE IA) 4 -5 By l7 (l !z2 Mayor THE STATE OF TEXAS Certified as being executed for and effect of activating and/or carry- out the orders, established po'iices, or work programs heretofore a-D7,roved ar_c authorized by the State Hi-:.way By Chief Engineer of :aiatenance Operations RECOMMENDED FOR APPROVAL: District En1i r, eer Engineer of Tragic 1 -70 -764:5 File 1S.126 - . . 4 ZY ,�7 -.Bl- I LOCATIONS) 7. M 11F .�� � ; � ; �`T_ , � / 4 fit. �''�`? � /� - LLE co cm /7 7' "IA L/ '77 ("iUFFIC SIGNAL - TypE IA) 5-5 The agreement concerning signalization at F.M. 157 and Harwood, which was executed by the Texas Highway Department, is on file in Council Exhibits folder for regular meeting held on July 14, 1970.