HomeMy WebLinkAbout1972-5RESOLUTION NO.
A RESOLUTION APPROVING THE AGREEMENT DATED Sep~mhmr ] 2; ] 972
BETWEEN THE STATE OF TEXAS AND THE CITY OF DENTON ,
FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND
MAINTENANCE OF A HIGHWAY SIGNAL PROJECT AT
and with U. S. 380
IN THE CITY OF DENTON , AND PROVIDING FOR THE EXECUTION
OF SAID AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON :
SECTION 1. That the certain agreement datedSepterab~r 12, 197~tween the
State of Texas and the City of Denton for th~ installation, con-
struction~ existence, use,~ operation and maintenance of certain highway
signal p~oJect located at LOOP 288 with F.M. 426 and ~lth U S 380
the City o~ Denton be, and the same is, hereby approved, and
that I J~mes..W. white is hereby authorized to execute said
agreement on behalf of the City of D~ntoD and to transport
the samet to the State of Texas for appropriate action.
PASSED' September 12, 1972
APPROVED: September 12, 1972
Mayor
ATTEST: i
Secretary
City
Clerk
APPROVED AS TO FORM:
STATE OF TEXAS ~ ~~
COUNTY OF TRAVIS ~ /~_ _ ~.__ ~
e ~_..This AGREEMENT, made this ....... 1.2..t.h ........... day of ...........
19 72 by and between the State of ~exas, hereinafter called the "State",Party
of the First Fart and the City of. Den. t.o.n. , Denton County,
Texas, acting by and through its duly authorized officers under a Resolution passed
the %~h. .day of . Septer~.e.r . 19..72 , hereinafter called the "City" Fatty
of the Second Fart:
WITNE S~E TH
LEREAS~ the City has authorized the installation of high.zay traffic
signals by Resolution passed on the . ~2th . . day of Septm/nber ,
19 72 ,at the intersection show~ on Exhibit No I attached hereto and made a part
hereof, in the City and
WHEREAS, the State has made it known to the City that it will (1)
furniph the necessary funds for the actual construction, (2) Prepare plans and
specifications, (3) install said highway traffic signals, and (4) supervise con-
struction, provided the City will: (1) consent to the installations in accordance
with the plans, specifications, and location of said highway traffic signals, (2)
operate and maintain the signals, (3) pay all p~er costs for operating the signals,
4) Obtain %rritten approval of the State Highway Engineer before making any changes
in the design of operstion and timing of the signals or before removin~ any part of
the installations, (5) return any and all parts of said highway traffic signal
stallatioms to the State should they be removed by the City f6r any reason other
than for installation on a State or Federal numbered highway route at a lo~atfon
approved by the State, and (6) be responsible for the police enforcement required
for securing obedience to the Highway traffic signals
AGREEMENT'
Now, therefore, in consideration of the premises and of the mutual
convenants 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 construc-
tion, prepared plans and specifications, install said h~hway traffic signals, and
supervise construction
2. The Gity will operate and maintain the highway traffic signals upon
completion of the installations by the State
3. The City will pay all power costs for operating the signals
4. The City will obtain written approval of the State Highway Engineer
before making any changes in the design of operation and timing of the signals or
before removing any part of the installations
5 The City will return any and all parts of said highway traffic
signal installations to the State should 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.
2)
6 The City will be responsible for the police enforcement required for
securing obedience to the highway traffic signals
7 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 All other provisions of said existing Agreements and/or Contracts not
in conflict with this Agreement shall remain in full force and effect
3)
I~ TEST~MONY WHEREOF, the parties hereto have caused these presents
to be executed in triplicate on the day above stated
ATTEST:
Secretary for City City Manager
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'
By
Chief Engineer of Maintenance Operations
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL'
General AttOrneys for the qi y District Engineer
Assistant Attorney General Engineer of Traffic
4)