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HomeMy WebLinkAbout398 04-13-1971ORDINANCE NO. 398 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED April 13, 1971 BETWEEN THE STATE OF TEXAS AND THE CITY OF EULESS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION (,W) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MAIDE A PART HEREOF, IN THE CITY OF EULESS ; PROVIDING FOR THE EXECUTION OP 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 April 13, 1971, between the State of Texas and the City of Euless , for the installation, con- struction, existence, use, operation, and maintenance of certain highway traffic signal( #) at the locationVo shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Euless , be and the same is hereby approved, and Mayor A. C. Krause 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 Ordi- nance take effect immediately from and after its passage, and it is accordingly so ordained. ATTEST: Secretary City giRxk APPR hD AS TO FORM: ty :; Attorney ORDI °;A :CE (TRAFFIC SIGNAL) PASSED April 13, 1971 APPROVED: April 13, 1971 1 -1 Mayor ITEM VII Council Minutes April 13, 1971 4- e0 -7o2 D -18 wI„ -STATE OF TEXAS X COUNTY OF TRAVIS X This AGREEMENT, made this 13th day of Apri1 19 71 , 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 Jrdi ae passed es u aar the 13th day of Apr i1 19 71 hereinafter called the "City," Party of the Second Part: W I T N S S E T H: WHEREAS, the City has authorized the installation of highway traffic signal(4) by Ordinance passed on the 13th day of April 19 71 , 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: NOW, therefore, in consideration of the premises and of the mutual cove- nants 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($), and super- vise construction. 2. The City hereby consents to the construction of the highway traffic signal(h) shown on EXHIBIT 1 by the approval of the location and manner of construc- tion as shown on .plans and described in specifications attached hereto, marked AGREEMENT (TRAFFIC SIGNAL.- EXPRESSWAY TYPE E-lA) 4 -60 -767 1 -4 . D -18 EXHIBIT 2, and made a part hereof. 3. The City will operate and maintain the highway traffic signal(61 upon completion of the installation(0) by the State. 4. The City will pay all power costs for operating the signal(/i). S. The City will obtain written approval of the State Highway Engineer before making any changes in the design of operation and timing of the signal(i) or before removing any part of the installation($). 6. The City will return any and all parts of said highway traffic signal installation(r/) 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. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(h). 8. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreements and /or Contracts between the City and the State, this Agreement shall take precedence over the other Agreements and /or Contracts. AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -lA) 2 -4 n 4 -60 -767 D -18 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: Secretary for City APPROVED AS TO FORM: Attorneys for the City Assistant Attorney General ,rte By I—z Mayor THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway Commission: Chief jVgineer of Maint ance Operations AUTHORITY FOR EXECUTPON MINUTE ORDER NO 60394 RECOMMENDED FOR APPROVAL: AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E-lA) 3 -4 0 90j- District Engineer Engineer-of-Traffic 4 -60 -767 D -18 E) Tail 1 LOCATION(S) CI J A .gam Inn NL m PKQ]?U.5F.E) LOCATIUN OF 1I n TRAFFIC SIGNAL AGREEMENT (TRAFFIC SIGNAL EXPRESSWAY TYPE E-1A) 4-60-767 4-4 D-18