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O75-02ORDINANCE NO. 75-2 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED April 10, 1975 BETWEEN THE STATE OF TEXAS AND THE CITY OF KENNEDALE , FOR THE . INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT(S) AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF KENNEDALE ; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE SECTION 1. That the certain agreement dated April 10, 1975 between the State of Texas and the City of Kennedale , for the installation, con- struction, existence, use, operation, and maintenance of certain highway traffic signal(s) at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Kennedale , be and the same is hereby approved, and Mayor Norman T. Childres is hereby authorized to execute said agreement on behalf of the City of Kennedale , 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 preservation of the public peace, health, safety, and general welfare requires that this Ordi- nance take effect immediately from and after its passage, and it is accordingly so ordained. ATTEST: City Clerk APPROVED AS TO FORM: City ,Attorney ORDINANCE (TRAFFIC SIGNAL) PASSED: April 10, 1975 APPROVED: A r: l i o, , V' 765 N. P. Childres ?7, Mayor 4-60-762 D-18 1-1 STATE OF TEXAS COUNTY OF TRAVIS X This AGREEMENT, made this 10th day of April , 19 75 by and between the State of Texas, hereinafter called the "State", Party of the First Part; and the City of Kennedale Tarrant County, Texas, acting by and through its duly authorized officers under an passed the loth day of April "City", Party of the Second Part: W I T N E S S E T H: , 19 75 Ordinance hereinafter called the WHEREAS, the City has authorized the installation, operation, and maintenance of highway traffic signal(s) byllematuma Ordinance passed on the loth day of April 19 75 , at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City: AGREEMENT: 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: 1. The State will furnish the necessary funds for the actual con- struction, prepare plans and specifications, install said highway traffic signal(s), supervise construction, and upon completion of construction, will operate and maintain said highway traffic signal(s). 1-70-764, D-18T AGREEMENT (TRAFFIC SIGNAL TYPE 1A) File 18.126-1 1-5 2. The State will reimburse the City for the cost of the electrical energy used in operating the highway traffic signal(s) as measured by means of a meter installed to serve the highway traffic signal(s), or as determined by 1 some method other than a meter which is mutually acceptable to all parties concerned. The State's payment for the electrical energy shall be based on the minimum unit rate charged the City under the City's contract with the power agency supplying electrical energy to the City. In the event the electrical energy is supplied through a municipally owned electrical power generation system, the State's payment for the electrical energy shall be based on the minimum unit rate appearing in the City's commercial rate structure. The City will forward the State two copies of its existing contract with the power agency for electrical energy, and thereafter as the existing or governing control is terminated and new contracts are executed. All requests for payment for electrical energy shall be properly certified and submitted by the City to the District Engineer of the State High- way Department at Fort Worth , Texas. Such requests for payment shall be in accordance with forms prescribed by the State and shall be submitted at not less than monthly intervals. The City will maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this contract. When requested by the State the City will permit and assist in an audit by an auditor of the State Highway Department of this record or any other records of the City which pertain to the costs of electrical energy as covered by the terms of this agreement. 1-70-764, D-18T AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) File 18.126-2 2-5 3. 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 construction as shown on plans and described in specifications attached hereto, marked EXHIBIT 2, and made a part hereof. 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 Highway Engineer. 5. 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 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). 7. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreementsand/or Contracts between the City and the State, this Agreement shall take precedence over the other Agreements and/or Contracts. 1-70-764, D-18T AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) File 18.126-3 3.. 5 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: APPROVED AS TO FORM: General Attorneys for the City 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 ChieEngineer of Mai enance Operations 10. RECOMMENDED FOR APPROVAjL: District Engineer Assistant Attorney General Engineer of Traffic 1-70-764, D-18T AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) File 18.126-4 4-5 EXHIBIT 1 PROPOSED L ICATION OF 'TRAFFIC. SIGNALS (SCHOOL ADVANCE FLASHERS - KENNEDALE) Indian caate AVONDA warnrAW LAM( ORR 171.9 0.54 4.03 1605-2 ,w 1096 q ...... 1° LAKESIDE6, \f/il'il*Por tw 1_ ♦00 ter.;, •a^ IYOR r// ♦ 1 yl '�v �/.90 1060-3 Q0� 020 6341) 6.53 30 g4 5 6.30 n /3, 93 Fi' 1060-1 �20711 /. 50 2291-2 /11107 p0 0.94 7110•I HASLET N % 56 V a "ice FORT WORTH TARRANT NO,220 CROWLEY 1330-1 /.78 1094-2 1094 -3/ AGREEMENT (TRAFFIC SIGNAL - TYPE 1A) / WESTLAKE 6.35 SOUTHLAKE 1603-3 1709 " D �Beor C(Sd 1 , 1 36 BEDFORD .j 3 �f �a1 ° 364-1 O 121 by 11 13.0/ 94-2 TOLL ROAD 1060-2 /6.63 676 0-6 © 5 1330-2 9.64 1101-5 360 121 1-70-764, 0-18T File 18.126-5 5-5 CITY 'SECRETARY'S CERTIFICATE ,'STATE OF TEXAS COUNTY 'TARRANT Evelyn I. Templeton , the duly appointed, qualified and acting City Secretary of the City of Kennedale Texas, hereby certify that the foregoing pages constitute a true and Ordinance correct copy of an ibemnimtthon duly passed by the City Council at a meeting held on April 10, 1975 ,A.D., at 7130 o'clock P'M. To certify which, witness my hand and seal of the City of Kennedale 19 75 , at Kennedale , 'Texas; this .10 day of April , Texas, City Sretary of the ty of Kennedale , Texas.