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Ord. 0089 1963-08-23ORDINANCE NO. g AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED ;Z 3.(9 (i 3 BETWEEN THE SPATE OF TEXAS AND THE CITY OF AND q FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS) AT THE LocATIoNtmg SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEAR A D ; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ART AND SECTION 1. That the certain agreement dated 0 , A3,00 between the State of Texas and the City of WARI.ANW , for the installation, con- struction, existence, use, operation, and maintenance of certain highway traffic signalli) at the location*) shown on EXHIBIT 1, attached hereto and made a part hereof, in the Cyty, 26 PEARLAND , be and the same is hereby approved, and ?P ,C L is hereby authorized to execute said agreement on behalf of the City of v PEx , 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: City Secretary Clerk APPROVED AS TO FORM: S)0--LA 4/(44)); City Attorney PASSED: APPROVED: aC7r Mayor ORDINANCE (TRAFFIC SIGNAL) 1-1 4-60-762 D-18 STATE OF TEXAS COUNTY OF TRAVIS i I This AGREEMENT, made this ,� ±� day of �, 19G, , by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of �� � County, Texas, acting by and through its duly authorized officers under an Ordinance passed $�selu�ion the ��_ day of �, 19"�, hereinafter called the "City," Party of the Second Part: W I T N E S S E T H: 0 WHEREAS, the City has authorized the installation of highway traffic signal(�9 by Ordinance passed on the '� 6 � �� day of �, 19�, Resolution at the location(�) 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 g3rties 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�), �uper- vise construction, and upon completion of construction, will furnish the power and operate and maintain said highway traffic signal�4. 2. The City hereby consents to the construction of the highway traffic signal��shown on EXIfIBIT 1 by the approval of the lo�ation and manner of construc- AGREII�IENT (TRAF'FIC SIGNAL - TYPE lA) 1-4 4-60-764 D-18 tion as shown on plans an� described in specifications attached hereto, marked EXHIBIT 2, and made a part hereof. 3. The City will exercise no control whatsoever over the operation, m�intenance, use, or existence of the highway traffic signal(�) 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�) 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�). 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 1A) 2-4 4-60-764 D-18 IN TESTIMONY WI-IEREOF, the p3rties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: i" c ` .�-! ' �,/,��� C�� : /���� Secreta for City �� APPROVED AS TO FORM: General Attorneys for the City Assistant Attorney General AGREEMENT (TRAFFIC SIGNAL - TYPE lA) gy V c ' L.'�, � ��_�cir- Mayor THE SPATE 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 Engineer of Maintenance Operations RECOMMENDED FOR APPROVAL: District Engineer Engineer of Traffic 3-4 4-60-764 D-18 EXHIBIT 1 LOCATI ON (�`j Z74$�3i'Cr�btlOri : �t;. ��: �?"ni.s ::t:^�wt� aflttt 3$'a'ia',�139 Ro+ed An 'P�ar7.a�, �asa�la �at,y lwtM AGREEMENT (TRAFFIC SIGNAL - TYPE lA) 4-4 4-60-764 D-18 Form No. 1074 CIN ATTORNEY'S CERTIFICATE STATE OF TEXAS Q � COUNN OF �� :'� � �'�� Q I, _� . �,�1.¢{9 City Attorney for the City of �;;:;,;:.� , Texas, do hereby certify that the City Charter of the City of i-,.:;i:#>stili authorizes the City Council to approve the executton of contracts by means of a resolution, and that the attached contract between said City and the State of Texas, dated (x ,�( �/9 (?�, approved by Resolution passed �� �� 1��� and executed —� ` by �, �, � L �yp� ti ����/ ts valid and binding on soid City in so ��.x far as its approval and execution is concerned. 2�� y ttorney City of "�''fl''F,.��f!? Form Nc. 1074 STATE OF TEXAS COUNTY OF �.=°nF=<.i�T�k I, � Q 1"VI.C'. C-X-�IX �1�1/�_ , the duly appointed, qualified and acting city secretary of the City of 't�'�T�.;,RS� 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 �,°� 3 A. D., 19 6� , at c, � UC� o'clock � M. ' To certify which, witness my hand and seal of the City of t-• �� r,t;�? Texas, this �� day of >'�/� pl,(. , 196�, at i� .!�i;i,e�flu , Texas. � ,C� . �. �11�° � �ct �< L i� ty Secretary of the City of P�1�3€I!�??J , Texas