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HomeMy WebLinkAbout517 04-12-1977ORDINANCE NO. 517 AN ORDINANCE APPROVING THE AGREEMENT DATED April 12, 1977 BETWEEN THE STATE OF TEXAS AND THE CITY OF EULESS , FOR THE BLANKET COVERAGE OF VARIOUS PROJECTS COVERING THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT(S) TN THE CITY OF EULESS PROVIDING FOR THE EXECUTION 0F 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 12, 1977 between the State of Texas and the City of Euless, for the BLANKET COVERAGE OF VARIOUS PROJECTS covering the installation, construction, existence, use, operation, and maintenance of certain highway traffic signal(s) in the City of Euless be is, , and the same s, hereby approve?; and that the Mayor y is '.:ereby authorized to execute said agreement on behalf of the City of Euless and to transmit the same to the State of Texas for appropri- ate action. SECTION 2. The fact that the improventants; :_(.,nteMpl.ated under the ab;,ve ir-eritioned agreeme-i-it 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 inaned.ately from and after its passage, and It is accordingly so ordained. ATTEST: PASSED; April 12, 1977 APPROVED: April 12, 1977 N,ayor Secretary City Clerk 7�,4 TO FORM; 1 City Attorney ORDINANCE ('TRAFFIC SIGNAT AGRF.EMI NT 'LxiPi. h; FFE0VA.Y TYPE B) 10 -76 RECEIVED D -1.8 1 -1 MAY 11 1977 HIGHWAY DESIGN DIVISION D -8 F 11 STATE OF TEXAS I COUNTY OF TRAVIS I This AGREEMENT, dated this 12th day of April 19 77 , by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of Luless , Tarrant County, Texas, acting by and through its duly authorized officers under an Ordinance/ Resolution, passed the 12th day of April , 19 J7, hereinafter called the "City," Party of the Second Part, made to become effective when fully executed by both parties. W I T N E S S E T H: WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State, the City has authorized the State to maintain certain highways within the City which consist in part of the freeway type highway; and WHEREAS, from time to time the City requests the State to install traffic signals on such highways; and WHEREAS, the State under the provisions of Minute Order 70179, dated July 31, 1975, has authority to install traffic signals in cities of over 15,000 population on freeway type highways; and WHEREAS, the City has a population of over 15,000 according to the latest Federal Census. A G R E E M E N T: 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: AGREEMENT (TRAFFIC SIGNAL FREEWAY - TYPE B) 1 -4 11 -75 -700 R E C E I V E a)-18T MAY 11 1977 HIGHWAY DESIGN DIVISION 0 -6 F 11 1. This Agreement shall apply to all highway traffic signal instal- lations approved by both the State and the City, the City's approval being indicated by signature of the Mayor 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 City hereby consents to the construction of this Highway Traffic Signal as to location and manner of construction as indicated on these plans, said installation being a part of "Agreement (Traffic Signal Freeway - Type B) ", dated 4 -12 -77 ." 2. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signal(s), and supervise construction. 3. The City 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 City will operate and maintain the highway traffic signal(s) upon completion of the installation(s) by the State. 5. The City will pay all power costs for operating the signal(s), inclu- ding all power necessary for installation and testing of the signals prior to completion of the installation by the State. 6. The City will obtain written approval of the State Department of Highways and Public Transportation before making any changes in the design of AGREEMENT (TRAFFIC SIGNAL FREEWAY - TYPE B) 11 -75 -700 D -18T 2 -4 operation and timing of the signal(s) or before removing any part of the installation(s). 7. 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. 8. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 9. 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 FREEWAY -TYPE B) 3 -4 11 -75 -700 D- 18T IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the dates shown hereinbelow. Executed on behalf of the City this 12th day of April ,19 77 ATTEST: By: Secretary for the Ci tf Mayor THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, establishing policies, or work programs heretofore approved and au- thorized by the State Highway and Public Transportation Commission: Executed on beha V of the State this t�—_37'01 day of L,L_rJ,S.°, ,197. By; W6 Engineer` of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: J, PJ4�4L Attorney for the City J. R. Ston&,4District Engineer Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL FREEWAY - TYPE B) 4 -4 11 -75 -700 D- 18T