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Home My WebLink AboutOrdinances (O-71-29)-07/13/1971 VOLUME f PAGE~ ORDINANCE NO. 0 - 7/- ;:. 9 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED 7- I 3 - 7/ BETWEEN THE STATE OF TEXAS AND THE CITY OF COLLEYVILLE , 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 OF COLLEYVILLE '; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVlLLE SECTION 1. That the certain agreement dated '7 -I S - 7/ between the State of Texas and the City of C6LU:. Y VI L L E , for the installation, con- struction, existence, use, operation, and maintenance of certain highway traffic signa1(s) at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Colleyvll1e , be and the same is hereby approved, and rfl.A,'\) Ie l. w It \ T 11/, I (Lt.' is hereby authorized to execute said agreement on behalf of the City of COlleYV111e , 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 limnediate 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. PASSED: /-./'''),.'1/ , /' ';' --I ? - ~7/ APPROVED: ATTEST: / I C-'~)iJ '~7-/ ;?:/~" Mayor 9-~";", i: If'Mlhi Secretary City €'rert- APPROVED AS TO FORM: /~ , j! /, ,- ~~/ 'ty Attorney /;{d:- '--V--LffCl-"/~' ORDINANCE (TRAFFIC SIGNAL) 1-1 4-60-762 D-18 VOL L1vrE ]'[: "'P " ,.-. 11" ~ . ..a...1..LI.ll V STATE OF TEXAS l COUNTY OF TRAVIS l This AGREEMENT, made this j 3 day of JULL( , 19 '7 / by and between the State of Texas, hereinafter called the "State", Party of the First Part; and the City of Collevville " Tarrant County, Texas, acting by and through its duly authorized officers under an Ordinance Re.sl'llutioft. passed the I '3 day of J U L<( 19 7 , hereinafter called the , , "City", Party of the Second Part: Rl1:.li!.e..e.!1:1! WHEREAS, the City has authorized the installation, operation, and Ordinance 1 ? maintenance of highway traffic signal(s) by RRKHXaXXHXX passed on the ~ day of J V L '( , 19 -1' , at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City: ~QB!!.t!!B1: 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 State will furnish the necessary funds for the actual con- struction, prepare plans and specifications, install said highway traffic signa1(s), supervise construction, and upon completion of construction, will operate and maintain said highway traffic signa1(s). ,,...-- AGREEMENT (TRAFFIC SIGNAL - TYPE lA) 1-70-764, n-18T File 18.126-1 1-5 ~ J.t ~ 2. The State will reimburse the City for the cost of the electrical energy used in operating the highway traffic signal(s) as measured by means of a meter installed to serve the highway traffic signal(s), or as determined by same method other than a meter which is mutually acceptable to all parties concerned. The State's payment for the electrical energy shall be based on the minimum unit rate charged the City under the City's contract with the power agency supplying electrical energy to the City. In the event the electrical energy is supplied through a municipally owned electrical power generation system, the State's payment for the electrical energy shall be based on the minimum unit rate appearing in the City's commercial rate structure. The City will forward the State two copies of its existing contract with the power agency for electrical energy, and thereafter as the existing or governing control is terminated and new contracts are executed. All requests for payment for electrical energy shall be properly certified and submitted by the City to the District Engineer of the State High- way Department at Fort Worth ,Texas. Such requests for payment shall be in accordance with forms prescribed by the State and shall be submitted at not less than monthly intervals. The City will maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this contract. When requested by the State the City will permit and assist in an audit by an auditor of the State Highway Department of this record or any other records of the City which pertain to the costs of electrical energy as covered by the terms of this agreement. AGREEMENT (TRAFFIC SIGNAL - lYPE lA) 1-70-764, D-18T File 18.126-2 2..5 VOLUME ff ---PAGE 7 --- 3. 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 construction as shown on plans and described in specifications attached hereto, marked EXHIBIT 2, and made a part hereof. 4. 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. 5. 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 advisable to promote the safe, convenient, and orderly movement of traffic. 6. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 7. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreemenmand/or Contracts between the City and the State, this Agreement shall take precedence over the other Agreements and/or Contracts. AGREEMENT (TRAFFIC SIGNAL - TYPE lA) 1-70-764, D-18T File 18.126-3 - 3-5 ...-.--;- VOLUME .Jt PAGE 5' IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: ~ <i t(, < ~ 4-bu ~ ecretary for City By 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 Commission: B gineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: ~ ~~~;/? Distr ct Eng1neer Assistant Attorney General /( / ~ -"?/ ,<:{/f Ci?1./ Engineer of Traffic ~ AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) 1-70-764, D-18T File 18.12{)-4 4-5 - l' . \ , , ----- V. ,,-j T -,: F' ll"~.-.:, 7/./ ~, ,I ~- l~, 9 '--,"" ,~_ i.'j1.'.,",. I EXHIBIT 1 LOCATION(S) ~~(:JPO,S't!=-D ....5/~A/~L L (:Jc~r/ON '...- AGREEMENT (TRAFFIC SIGlW. - TYPE lA) 1-70-764, D-18T File 18.126-5 5-5 :_~.,. CITY SECRETARY'S CERTIFICATE STATE OF TEXAS COUNT\i'ARRANT I, jArJlCE Sle LA/ /'l/Z. j) , the duly appointed, qualified and acting City Secretary of the City ofCol1eyvl11e Texas, hereby certify that the foregoing pages constitute a true and Ordinance correct copy of an Resolution duly passed by the City Council at a meeting held on I ~ .j U U( \ 9"1 , o'clock P M. 7' ~ <, ,A.D., at . ...>'-' To certify which, witness my hand and seal of the City of Colleyvl11e J V L-Y , Texas, this ;3:5 day of 19....lL, at (~oLL~y\J I LLE , Texas. ~<",X .J~-k- C ty Secretary of the City f Co lleyvf.l1e , Texas. _.- -.... : /0