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1988-066-RES WHEREAS, the City of Paris is desirous of receiving assistance from the State Department of Highways RESOLUTION NO. 88-066 WHEREAS, the City of Paris is desirous of rece~v~ng assistance from the State Department of Highways and Public Transportation Division of the State of Texas in the installation, construction, use, operation and maintenance of traffic signals on highways, inside the City of Paris which meet State of Texas warrants; and, WHEREAS, in order to receive the assistance of the State Department of Highways and Public Transportation, it is necessary to enter into an intergovernmental agreement, a copy of which is attached hereto as Exhibit A, which should in all things be approved and which would be in the best interest of the City of Paris to execute; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL PARIS, That the Mayor of the City of Clifford, be, and he is hereby authorized execute Traffic Signal Agreement-Type B, shown on Exhibit A attached hereto. OF THE CITY Paris, Eric and directed in the form OF S. to as Passed and adopted this "m July, 198: Exi, s. &r.",oyor ATTEST: ~"tr.:\ \:\\~~J Mattie Cunn~ng am, Ci er ty Attorney STATE OF TEXAS 5 COUNTY OF TRAVIS 5 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 Paris Lamar County, Texas, acting by and through its duly authorized officers under an Ordinance/Resolution, 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. WITNESSETH WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State, the State has been authorized to maintain certain highway routes within the City; and WHEREAS, from time to time the City has requested the State to install traffic signals on certain highways within 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 highways in all cities and on other highway routes in cities of less than 50,000 population (latest Federal Census); and WHEREAS, the City has a population of over/less than 50,000 population according to the latest Federal Census; A G R E E MEN T 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: AGREEMENT (TRAFFlC SIGNAL - TYPE B) 6-87 1-4 EXHIBIT A 1. This Agreement shall apply to all highway traffic signal insLallations approved by both the State and the City, the City's approval being indicated by signature or the ~layor of Paris " on the plan title sheet for such installation. Highway traffic signal installations made a part of'this agreement shall contain on the title sheet the following statement: "The City hereby consents to the construction or this highway' traffic signal as to location and 8anner of construction a8 indicated on these plans, said installation being a part of "Agreement (Traffic Signal - Type B), dated " 2. The State will furnish the necessary funds for the actual construction, prepdre plans and specifications, install said highway traffic signal(s), supervise construction, ":,' upon complet'.on of construction, will furnish the power and operate and maintain said highway traffic signal(s). 3. The City hereby consents to the construction of the highway traffic signal(s) by the approval of the location and manner of construction as shown on plans and described in specifications. 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 Department of Highways and Public Transportation. 5. The State shall have the authority to make such changes in the design and operation of the highway traffic signal(a) 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). AGREEMENT (TRAFFIC SIGNAL - TYPE B) 6-87 2-4 7. In the event the signal(s) installed in accordance with this Agreeoent become unnece88ary or are removed for any reason, this Agreemen.tJ's.hap teroi:late. 8. The State will not incur any financial obligation to the City as a result of this Agreement. 9. Should the City annex areas that have traffic signal(o) in place on high- way routes, the State agrees to leave the signal(s) in place and will continue to maintain and operate them in accordance with this agreement. 3-4 AGREEMENT (TRAFFIC SIGNAL - TYPE B) 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 Mayor 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: Chief Engineer of Safety and Maintenance Operations DATE: AGREElIENT (TRAFFlC SIGNAL - TYPE B) 4-4 6-87 SiAE OF TEXAS CCU~1 TY OF ., , the duly a:~Jiil:2:, c~=~~f;ed a1d a::~ng city s2:re:cry c~ the City of T2X!5, hereby certify that the fore;."ing pages co~stitute a true and correct co~y or an ordinance!resolu:ion duly passed by the City Council at a ~eeting 1i=1~ :n ,I,.D., 19 at ol_clock M. :0 certify wn~cn, ~itness my hand and seal of the City of iexas, this day OT 19 , at , iexas. City Sacra:ary of tn! City of , iexas