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Ord. 0160 1968-06-13ORDINANCE NO. 160 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED 6/13/68 BETWEEN THE STATE OF TEXAS AND THE CITY OFt:t^3;fild. , FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT(S) AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OFc::.w:.!.w. ; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF P6Ar ttte. SECTION 1. That the certain agreement dated 6/13/68 between the State of Texas and the City of , for the installation, con- struction, existence, use, operation, and maintenance of certain highway traffic signal(s) at the location(s).:shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of f , be and the same is hereby approved, and II. 11-, t' -LeL' is hereby authorized to execute said agreement on behalf of the City of 'as`x°iti s% , 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: Clerk APPROVED AS TO FORM: City Attorney PASSED: APPROVED: 6/1P66 6/13/68 ORDINANCE (TRAFFIC SIGNAL) 1-1 4-60-762 D-18 STATE OF TEXAS Z COUNTY OF TRAVIS Z This AGREEMENT, made this 13 day of jr,r• , 19 68 by and between the State of Texas, hereinafter called the -"State," Party of the First Part; and the City of Pear3 and Braso °ia County, Texas, acting by and. through its duly authorized officers under an Ordinance passed Resolution the -, 1 day of June , 19 68 , hereinafter called the "City," Party 3f the Second Part: WITNESSETH WHEREAS, the City has authorized the installation"of highway traffic signal(s) by Ordinance passed on the Resolution_ 13 day of June. , 19 66 at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City: AGREEMENT: 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: 1m The State will furnish the necessary funds for the actual construction, prepare plans and specifications, installsaid highway traffic signal(s), super- vise 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 highway traffic signal(s) shown on EXHIBIT 1 by the approval of the location and manner of construc- AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) 1-4 4-60-764 D-18 tion as shown on plans and described in specifications attached hereto, marked EXHIBIT 2, and made a part hereof. 3. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of the highway traffic signal(s) 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(s) as it may deem necessary and advis- able 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 highway traffic signal(s). 6. 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 - TYPE 1A1 2-4 4-60-764 D-18 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: Secretary fo 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: By Chief Engineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: General Attorneys for the City District Engineer Assistant Attorney General Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) 3-4 4-60-764 D-18 EXHIBIT 1 LOCATION (S ) sit 518 :5,C•°C gv..4.11 6.? gel-vests:co, Ave0.4e Va the etty• Peowle,44 AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) 4-4 4-60-764 D-18 Form No.''1074 STATE OF TEXAS COUNTY OF Brazoria Dorothy L. Cook the duly appointed, qualified and acting city secretary of the City of Pe arlend 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 A. D., 19 68 , at 7:30 o'clock P. M. To certify which, witness my hand and seal of the City of Texas, this l3 June 13, 1968, Pearland day of June 19 68, at Pearland, , Texas. City Secretary of City of J . Pearland , Texas