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Home My WebLink AboutO-1989-1668 . . ORDINANCE NO. 1668 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED SEPTEMBER 11, 1989, BETWEEN THE STATE OF TEXAS AND THE CITY OF LA PORTE, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF LA PORTE, TEXAS; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the certain agreement dated September 11, 1989, between the State of Texas and the City of La Porte, Texas, for the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the location(s) shown on Exhibit 1, attached hereto and made a part hereof, in the City of La Porte, be and the same is hereby approved and the Mayor is hereby authorized to execute said agreement on behalf of the City of La Porte, and to transmit the same to the State of Texas for appropriate action. SectioU-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. PASSED AND APPROVED this the 11th day of September, 1989. CITY OF LA PORTE ATTEST: Cherie Black, City Secretary . . ORDINANCE 1668, Page 2 APPROVED: Knox W. Askins, City Attorney . . STATE OF TEXAS COUNTY OF H~rri~ I. . the duly appointed. qualified and acting city secretary of the City of La Porte Texas. hereby certify that the foregoing pages constitute a true and correct copy of an ordinance/~duly passed by the City Council at a meeting held on , A.D., 19___, at o'clock M. To certify which, witness my hand and seal of the City of La Porte Texas, this day of ,19 . at La Porte , Texas. City Secretary of the City of La Porte , Texas A G R E E MEN T NOW, therefore, in c~ideration of the premises and o~he 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(s). 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 ! i . e 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 T.., 'Pn-r~ H:'Ir"';~ County, Texas, acting by and through its duly authorized officers under an Ordinance/~, passed the _ day of , 19_, hereinafter called the "City," Party of the Second Part, is made to become effective when fully executed by both parties. WIT N E SSE T H WHEREAS, there is (are) (a) highway traffic sign~l(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/~ passed on the of , 19 day AGREEMENT (TRAFFIC SIGNAL - TYPE G) 1-4 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 day of 19, ATTEST: By: Secretary for City Kayor 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: Traffic Operations Engineer DATE: ' AGREEMENT (TRAFFIC SIGNAL - TYPE G) 4-4 6-87 .-' I " . . liability and damages for any and all injuries or damages susta~ned 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 I ; SH 146 SH 146 SH 146 SH 225 SH 225 SH 225 SH 225 SH 225 LP 410 LP 410 LP 410 LP 410 LP 410 LP 410 LP 410 LP 410 SP 501 EXHIBIT 1 LOCATION @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ . EXHIBIT 1 LOCATIONS BARBOURS CUT SPENCER HWY/LP 410 FAIRMONT PKWY MILLER CUT-OFF SENS EB ADV. SPRR WB ADV. SPRR EB OHMSTEAD PLT. 8th 4th BROADWAY/MAIN SB "B" STREET "c" STREET "G" STREET NB "H" STREET FAIRMONT PKWY SB SHADY RIVER e METER NUMBER TYPE W 40-003-072 W 73-032-312 S 49-442-503 GE 73-807-569 S 46-515-612 RAILROAD POWER RAILROAD POWER UNKNOWN W 68-829-331 W 73-106-170 W 57-337-121 W 66-328-172 W 64-205-714 W 62-157-201 GE 74-549-709 S 60-820-533 SDHPT POWER, SIGNAL SIGNAL SIGNAL SIGNAL SIGNAL FLASHER FLASHER FLASHER SIGNAL SIGNAL SIGNAL SCHOOL SIGNAL SIGNAL SCHOOL SIGNAL SCHOOL