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Home My WebLink About957 01-12-1988ORDINANCE NO. 957 AN ORDINANCE APPROVING THE AGREEMENT DATED 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) IN THE CITY OF Euless . PROVIDING FOR TILE 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 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, and the same is, hereby approved; and that Mayr.r Prn T,m (aann n_ W, 11<ar 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 appropri- ate 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 passage, and it is accordingly so ordained. ATTEST: i ecretary City L Clerk TO FORM 'r".� ty Attorney PASSED: 7anuary 19., 19RR (APPROVED: January 12._1/9/f88 Mayor ORDINANCE (MTFFIC SIGNAL AGREEMENT TYPE G) 1 -1 STATE OF TEXAS COUNTY OF Tarrant I, Kay Rainey , the duly appointed, qualified and acting city secretary of the City of Euless 9 Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance /resolution duly passed by the City Council at a meeting held on lanuary 12 , A.D., 19 88 , at 7:00 o'clock P_ M. To certify which, witness my hand and seal of the City of Euless Texas, this 12th day of January , 19 88 , at Euless , Texas. City Secretary of the, 2tty of Euless , Texas STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, dated this day of , 19_, 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 Ordinance /Resolution, passed the I7th day of jAnitary , 19_&g, hereinafter called the "City," Party of the Second Part, is made to become effective-when fully executed by both parties. W I T N E S S E T H 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 by the City and /or State and now being operated and maintained by the City; and WHEREAS, the State under the provisions of the Texas Register Title 43 TAC 25.5, has authority to install, operate and maintain traffic signals on freeway type high- ways in all cities and on other highway routes in cities of less than 50,000 popula- tion (latest Federal Census); and WHEREAS, the City has requested the State assume the maintenance and operation of the highway traffic signal(s) now 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 IJth day of January , 19 88 AGREEMENT (TRAFFIC SIGNAL - TYPE G) 1 -4 6 -87 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: 1. The City will leave the highway traffic signal(s) in place at the location(s) shown on EXHIBIT 1. The plans for the highway traffic signal instal- lation(s) are attached hereto, marked EXHIBIT 2, and made a part hereof. 2. The City will exercise no control whatsoever over the operation, main- tenance, use, or existence of the highway traffic signal(s) without written authority from the State Department of Highways and Public Transportation. 3. The State will operate and maintain the signal(s) at their expense and will pay all power costs for operating the signal(s). 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 advi- sable to promote the safe, convenient, and orderly movement of traffic. 5. The State will return any and all parts of said highway traffic signal installation(s) to the City should it(they) be removed by the State for any reason other than for State use with City approval in an installation on a State or Federal numbered highway route at a location within the City. 6. The State will retain ownership of all material furnished and installed by the State. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(a). 8. In the event the signal installation(s) convered by this Agreement become unnecessary or is(are) removed for any reason, this Agreement shall terminate. 9. To the extent permitted by law, the City shall indemnify and save harmless the State, its agents or employees, from all suits, actions or claims and from all AGREEMENT (TRAFFIC SIGNAL - TYPE G) 2 -4 6/87 liability and damages for any and all injuries or damages sustained by any person or property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement. 10. The State will not incur any financial obligation to the City as a result of this Agreement. AGREEMENT (TRAFFIC SIGNAL -TYPE G) 3-4 6 -87 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 12 L day of January 19, 88 ATTEST: Secretary for City, / Mayory (z 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 programs heretofore approved and authorized by the State Highway and Public Transportation Commission: APPROVED: By: � �- Chief Engineer of Sa ety and Maintenance Operations DATE: 2 - 25--M8 AGREEMENT (TRAFFIC SIGNAL - TYPE G) 4-4 6 -87 EXHIBIT I LOCATIONS V O CITYL %Ml _ >, o •_.A 3 ,s�uz s'{f.°-°- `*'� {�� it ..lnmc�O s� v�� °Y�� m ° M +, "_,.p -•: '`it.iS LL. - Y� w0^A_rti .R1WR "• N sotowoI! o.- t r �•°'. 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