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Ordinance No. 1,289ORDINANCE NO. 1259 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED OCTOBER 26, 1972, BETWEEN THE STATE OF TEXAS AND THE CITY OF BAYTOWN, TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF A HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF BAYTOWN; PROVIDING FOR THE EXECU- TION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the certain agreement dated October 26, 1972 between the State of Texas and the City of Baytown, for the installation, construction, existence, use, operation, and maintenance of a certain highway traffic signal at the location shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Baytown, be and the same is hereby approved, and C. GLEN WALKER, Mayor, is hereby authorized to execute said agreement on behalf of the City of Baytown, 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 pre- servation 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. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, on this 26th day of October, 1972. X-6 _.� is C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk B _We Z ELINDA BINGHAM, Deputy Ci Clerk APPROVED: NEEL RICH RDSO ity Attorney r1E *Kn Y STATE U� lr,luu � 1 COUNTY OF TtAVIS Z This AGREEMENT, made this 26th day of October , 19 72 , by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of Y,_ Y'i OW i , FARRIC County, Texas, acting by and through its duly authorized officers under anj 56 nl passed the 26th day of October , 19 72 , hereinafter called the "City," Party of the Second Part: W I T N E S S E T H WHEREAS, the City has authorized the installation of highway traffic signal(s) by Ordinance passed on the 26th day of October , 19 72 at the location(s) 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- pants and agreements of the parties hereto to be by them reApectively 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(s), and super- vise construction. 2. 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 construc- tion as sho-v'n on plans and described in specifications attached hereto, marked AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -lA) 4 -60 -767 1 -r D -18 EXHIBIT 2, and made a part her.eo`. 3. The City will operate and maintain the highway traffic signals) upon completion of the installation(s) by the State. lX/4*19� 5. The City will obtain written approval of the State Highway Engineer before making any changes in the design of operation and timing of the signal(s) or before removing any part of the installation(s). 6. The City will return any and all parts of said highway traffic signal installation(s) to the State should it (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. 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 terrm.s 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. AGREDENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E--W 4--60 -767 2--4 D -18 IN TES TMO ?�Y WIw2EGF, t.'�e ~ties hereto 's _ave caused these presents to be executed in triplicate on the day above stated. ATTEST: /s/ Belinda Bi naham- _ -- Secretary for City (Deputy) APPROVED AS TO FORM: /s/ Neel Richardson General Attorneys for the City Assistant Attorney General By Ls/ C. Glen Walker _ 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 pro - grams heretofore approved and authorized by the State Highway Commission: Chief Engineer of Maintenance Operations RECOMMENDED FOR APPROVAL: Date District Engineer Date Engineer of Traffic Date AGREEMENT (TRAFFIC SIGNAL -- EXPRESSWAY TYPE E--1A) 4 -60 -757 3--4 D -18 `�HIBIT 1 LJCAT !ON (S) SPUR 330: Intersection with San Jacinto Street in the Cty of Baytown AGREEMENT (TRAFFIC SIGNAL - EXPRESS4+IAY TYPE E -lA) 4 -60-767 4 -4 D -18