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Res 755 1/11/1968RESOLUTION NO. h WHEREAS, traffic signals are presently in operation at the intersections of Eighteenth - Austin, Kell - Jacksboro Highway formerly Virginia) and Kell - East Scott Street; and, WHEREAS, these traffic signals were jointly installed by the Texas Highway Department and the City of Wichita Falls under the terms of an agreement dated September 24, 1962, in order to provide a temporary route, designated Spur 231, from East Scott (US-287) to Broad - Holliday Streets (US-287 Freeway) ; and, WHEREAS, this agreement called for the automatic termination of the Spur 231 designation and the removal of the signal controllers owned by the Texas Highway Department upon the completion of the US-287 Freeway from the Jacksboro Highway (US-281) to Clay County; and, WHEREAS, the Texas Highway Department is now willing to leave this equipment in place and permit its continued use at the above intersections. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: The City of Wichita Falls desires traffic signals to remain in operation at the intersections of Eighteenth - Austin, Kell - Jacksboro Highway and Kell - East Scott Street; the agreements, copies of which are attached hereto, for the continued use, operation and maintenance of existing traffic signal controllers which are the property of the Texas Highway Department are hereby approved, and the Mayor is authorized to execute them for the City of Wichita Falls. PASSED AND APPROVED this the lLh day of January, 1968. M • Y O R ATTEST: City Clerk STATE Or TEXAS COUTTZ 01:1 Thin ACRiLNT, rsc1e t.13 e dry of by and betveen the State of Tcas Lcieineftar ce,lied the "State," Party of the First Part; and the City of UichCe County, Ordi=nee Texas, acting by and through its duly antLoilzed efficcys enter d the 11- r- olutIoA Pa'sed day of ,A , heralnafter called the "Clty," Party Of the Second Part : UITNI: SSETU : WEREAS, Csere are hit treaic signal controllers an-J associated parts in place at the locations sho-,:in on LY,J.IIIM 3 , attached hereto and Lade a pare hereof, said highway traffic signals having been installed, by the State; and UPULFAS, said locations arc :71thil the corporate lioits of the City; and IMPEAS, it is not the policy of the State to install, operate, or nair,- taln highway trafac signals Inside the corporate linits of cities of 5,000 popu- lation and over (latest Federal Cf.rsus) , uzcept on erpreasway type of construction; and UHLRUAS, the City has requested the State. to leave the hlgh-, ey traffic signal controllers end aesociated parts in place at the loc 'Acns ihe.m on EXHIBIT 1 and has authorised the continv-d existence, use, opowatio 1, and ra:Intenance AD2cli-a.nce. of the highroy traffic signal controllers and associated parts by Pc,-;olut-lon p"sed on the /dey of 19 ( : 3-f0-804- D-18 ACREE3.2Ta (uArac s WIZ!" - TYPE 3A) 12-6-67) 1-4 AP 2:' E E L T r T NOW, thnrefore, in considc.ration of the promises and of the Entunl covc',- nants and agreents of the portion hed::-.1to to be by theTa roETectively kept and perfored, so hereinnIter set forth, it is agz6ed as fo1lo.7.7s: 1. The State will leav th.). hip traffic signal controllers and associnted parts in pnlce at the locntionG ehcca on EMBIT 1. The plans for the higlaiay traffic signal installations ere attached hereto, ma.,c1.:ed EXHIBIT 2, and nade a part hereof. 2. The City will opete end vzintain the signal controllers and associated parts. 3. The City. uill pay all parer ts for operating the signal controllers and associated parts. 4. The City •ill obtain written opproval of the State 1Ii3hway Engineer before waking any changes in the design of operation ynd tinin2; of the signal con- trollers. and associated parts or before re ovine any pert of the installations. 5. The City will return oay and all parts of said highway traffic signal controllers and associated parts to the State should they he removed by the City for any reason other than for installation en a State or Federal nutercd highway route at a location approved by the State. 6. In the event the terns of this Agreccnt are in conflict with the provisions of any other cnasting Agreements and/or Contracts between the City and the State, this /0:cement shall take precedence over the other Agrcenents and/or Contracts. 3-60-804 Rev. 7-24-64 Amluzlaa (TKAITIC SIGNAL - TYPE 3A) D-18 12-6-67) 2-4 r . IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: j)-;,/,)944) -----'2-71-") 4_,,,,,:y-, - -7-",:.—M'ZZ---1..-----74) Secretary for ity T 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 Highgay Commission: BY Chief Engineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: y- f ;7 General Attorneys for the City District Engineer 77 7 / s I- Assistant Attorney General Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL - TYPE 3A)3-60-804 D-18 3-4 12--6-61) r STATE OY! TY.AS COUNTY Or TP.A.VIS X This LCTIEHiiar, :;,41.a thia ,,:2 day of .1.... ./.,7 ....c.,, , 19 , by and between the State of To7,e , heix.efter cMed th.(. " e," Ftarty of th First Part ; 7'.1cl thc City of ....yichr:71),fL y4N!, Ord.lnallc Texas, acting Ly and thronh its duly authccad office:s uncler au iteLolution passed 0 the day of A2 1 ',„., hc:rclnaftcr called els "City," Party of t1 Sccon.1 PaIT't: I I1XTFY, SSETH : vunrAs, ttc,'i,?o ti a hic:Nuny taffic s14,,n:1 cc,ntrollr.:T and ascociatcd parto it place at the locatica sh oa EnIflIT 1, attacItadt 1eto ;:A :=c1,1 a y.,-, t 'hereof, said hichy traCric aignnl caLltrolle c..,,d acaoclated parts having bncl irtallod, by the Statc; and wHraus, tho City h.es raciveste,,:: ti 4a State to lama the hiE.hway traffic signal controller End 41,7coaatel v.rta in. place at tile location shma on ErliaT 1 and has aut7i:::::d the continud o:listenec, use, ol::eration, clad nnintuAayme of the Crdlnanan highmy trffin ci:;11:1a1 coltrollsr tlid aeacciatod par by 11.c,ao1uon po. sed on the dy of1.1*....war,•..../..,......4*.4,.• 1/ 3-60-004 ACnEETENT (TMFIC SI(M - TYPZ 3A)D-18 1-4 12-6-67) r AC1'. EENENT : VOW, therefore, .1.. nonec, etlo of til .= prenises and of the nutual cove- wants and asrcets of the partieu hrete to te by t1:: ::1 repectively kcpt. c .c.i. perforLad, no hereinater Got forth, it c.:;reed us follows: 1. The Vtate vill lec th hiay traffic sisnal troller and associated parts in place at tha location shol . on EMIBIT 1. The plans for •the biCi=y traffic c4n.: 1 inotallat are attancd hereto„ car%ed EMILIT 2, and made a pare hcroof. 2. Thc City v:111 operate aa.:1 v.:.antain, the sisnal nonreller and associated parts. 3. Tho City vill pay all pe...1. no2tE; for nperatiKs t7.1a sifpal controller and associated pats. 4. T.L.f. City Y.S.I1 return c.:ly a.ad all rxts of sald I traffic signal controller cad associated part to tha State should t.t.,:v Lie 1:cvad ty the City for nny reacn otIK:r tb:-:.a for im:itallati,e,1 on a Snte or 1700.(ffal r.ttcrod Lictuny routo at a location approved by tha State. 5. In the ev •.nt the terco of Chia A3rest nre in co; ii iti the provision of any ott. r elatinr; / : ; a and/or Contracts been the City and the State, this tgrea.acat shall tar! precedence over the other Asreemontn and/or Contracts. 1 . 3-60-004 AT (T=T7c SIC - T13 3A) Rev. 7-24-64 1 D-18 12-6-L7) 2-4 1 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: JIL 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 pro- grams heretofore approved and authorized by the State Highway Commission: By Chief Engineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: r if General .Attorneys for the City District Engineer Assistant Attorney General Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL - TYPE 3A)3-60-804- D-18 3-4 12-G-67)