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Home My WebLink AboutOrdinance - 1359-1953 - Providing For Existence, Use, Operation, Maintenance Of Highway Traffic Signals. - 04/09/1953I 0~-09-(..953 ORDINANCE NO. 1J5~ {Agreement attache ereto) AN ORDINANCE PROVIDING FOR THE EII81'ENCE, USE, OPERATION, AND MAINI'ENANCE J OF HIGHWAY TRAFFIC SIGNALS AT THE :mr.ERSECTIONS SHOWN ON EiliiBIT NO. 11 ATTACHED BERm'O AND MADE A PARr HEREOF, IN TBE CITY OF •••••••••••• ~l!~~qq~ •••••••••••• 1 TEXAS, AND AurHO:RIZING THE MAYOR OF THE CITY TO ED!X)lJ.I'E1 AND THE CITY SlroRm'ARY TO AFFIX THE CORPO:RATE SEAL AND ATTEel' THE SAME, A CERI'AIN COlfl'RA.CT BP1l'WEEN TliE CITY AND THE 8l'ATE OF TEXAS PROVIDING FOR TBE EIISI'ENCE, US!, OPERATION, AND MA.IN'l"ENANCE OF SAID BJ:GB.WAY T.RAFFIC SIGNALS; FOR PAYMENT BY THE CITY OF THE COSI' OF OPERATING AND MA.IN!'AINING THE HIGHWAY TRAFFIC SIGNALS AND ALL OF THE POWER coer FOR OPE:RATDlG SAID HIG:&WAY TMFFIC SIGl'lAIS; FOR BFJrURN TO THE EJrATE OF ANY AND ALL PARI'S OF SAID TBAFFIC SIGNAL INSrAL- LA.TIONS RI!MOVED BY THE CITY; AND DECLARING AN EM!!Rll!!NCY AND PROVIDING THAT TRIS ORDINANCE SBALI. BE EF.F.roTIVE FROM AND AFrER ITS PASSAGE. WBEREAB, the public convenience, safety,· and necessity of the City and the people of• the City require that the highway traffic signals be operated and maintained <:) at the intersections· shown on Exhibit No. 11 attached hereto and made a part hereof, since the intersections would constitute a danger and serious incouYenience to the public 1f unprotected J and WBEBEAS, the State of Tems has installed, operated, and 111B.1ntained highway traffic signals at its own expense at the intersections shown on Exhibit No. 1, attached hereto and made a part hereof, prior to the time said intersections vere within the corporate 11mits of the City; and ' WBEREAB 1 said intersections are now within the corporate ltmits of the CitTJ and WHEREAS, it is not the policy of the State ot Teme to install, operate, or maintain hishwaT traffic sisnals inside the corporate limits of cities of 5,000 Ordinance (Traffic Signal -Type 3) -1- 0 0 popu1ation and over (Latest Federal Census); and Wl!ERI:AS, the Cit7 baa requested the State o~ Tema to leave the higbwar tratt1o signals in place at the intersections shown on El:h1bit lfo. 11 attached hereto and mde a part hereof, and the State ot Teas has wade it ll:novn to the-Ci t7 that it will leave said hi~ traffic signals in place provided the Cit7 will: (1) operate aD4 ma1ntail1 the sisnals, (2) Pf17 all power costs tor operating the sf.snals, and (3) rvturn ~ 8Jld all parts of said traffic s1snal installations to the State o~ Texas should the7 be re.oved b7 the Citr for aQT reason other than for installation on a State or Federal nuabered hisJnlaT route at a location approved b~ the State of Texas. Bect1on 1. That since the public cODTen1ence, aafetr, and necessitT of the C1t7 and the people of the Cit7 require it, the hishft1' traffic sipla shown on El:b1b1t lfo. 11 at'tached. hereto an4 made a part hereof, s:ba.ll l"'m!in in place. Section 2. That the Cit7 will operate and •mta1n the s1snals .. Section 3. That the Citr will par the cost ot the }lower tor opel'lt.tine the sisoala. Seotion 4. That the Cit7 Yill return &nJ IU'.I4 all parts ot aa14 tratf1c sisnal 1natallat1ona to tbe Stat' ot Tezas should the7 be removed b7 the Cit7 tor IUl1' rM&on other than tor 1nstallation on a State or Fed.e:nal mmbered htshv&T route at a location approved b7 the State of Te:ms. Section 5. That the MaJor be an4 is hereb7 authorized to execute tor and O.nU.nance (!l':ratf'1o S1SD&]. • Tne 3) Revised 12-23-52 0 on behalf' of the Cit;r an agJ.'Mant ~ contract with the State of To:aa 1n accordance v1 th and. for the pu:rpoae of e&rr71:Da out the tel'llS and proTiaiona of this ord.inance in the fora attached. hereto, -.de a :part hereof, am •med "EI:hibit B." The Cit;r Sec:retar.r ia he:reb7 di:rected to atteet the asreasnt and. oontmct a:n4 to atf'i:l: the proper seal of the Cit7 thereto. Section 6. That the M&Tor of the Cit;r haT!Dg requested 1n vritiiis that this orttnance take effect fortlrwith, an4 there beiJl& 1n fact an a.rpnc;r am imperative public necessit;r that the proT18ion8 ccnta1necl herein be carriect out P:rall.PtlT an4 with expedition, and that the oontmct af'oreaid ahall be tmecliate.Q' made, executed, and. deliTered to the en4 that the p1"0T1a1ona oontainetl herein be carried out pro'lllptl;r and. with expedition, the readiDB of this or41Jance on three aeveral 4a;ra ia hereb7 41spe:rured vi th, an4 the 888 shall be in full force an4 effect froB an4 after ita paaaage .. AND IT IS SO ORDERED. On motion of Commissioner Davis , seconded by Com.mis-----------------sioner ___ T_h_ama_s _____ 1 the foregoing Ordinance was a-pproved and passed on this the 9th day of April , 19531 by the following vote: _ _,.;. ______ _ Commissioners voting "YEA": Davis,Thanas & Mayor Tripp Commissioners voting uNA yu: None AT~T· r . ,_. ~/.1 &---.... .._. _____ ...,. Uve a owe';~cretary-T'reasurer 0 0 0 COONTY OF I, ••••••••••• ~ii!'"!~r::i.~ .Ifl'~ •••••••••••••••••••••••• , the du.lJ" appointed, qualified and acting City Secretary of the City of ••••• ~~Q~qq~ ••••••••••••••••• , Texas, hereb7 certif1 tbat the foregoi.Jl8 pages constitute a true and correct copy ot an ordinance dul1' passed b7 the CitT Council at a meeting held on the ••• 9t:Jl, •• da7 ot •••• /v?rM •••••••••••••••• ~., A.D. 1.9. 53., at .1:~0.. o • clock, •• P ......... M. To certify which, witness m:r hand and official seal of the City ot •••• , ].}lj>pppj{. •••• ~ •••••••••• , Te:xas, this the •• 9th. • da;y at •• April. •••••••••••• A.. D. 19 • .SJ., at ••••••••••• ~wclc •.•••••••• , Te:z:as • ......... p~/.q',./k.e .... CitT aef.!f~ of the Cit7 ot ••••••••• t~~p~~~ ••••.•••• , Texas OrdinanCe (T.raf'1"1c Sienal -Ttpe 3) ) 0 ...... _.... ~rr NO.1 LOCATION OF :ntr:I!Rfm?TIONS Intersection of U.S. Highway No. 62 (Idalou Road) and F. M. Highway No. 40 (Acuff Road) in Northeast part of Lubbock Ordinance (Tmftic SisoaJ. -Tne 3) Exhibit Bo. 1 l ' STATE OF TEXAS COUNTY OF TRAVIS This .AGREJIMENT, made this u . • • • • JtJ •••••• day' ot •• ·~ ••••••• , 19~~, by and between the State of Texas, hereinafter called the "State," Party of the i Lubbock Lubbock C :t F rst Pert; and the City of •••••••••••••••••••••••••••• , •··•••••••••••••••• oun y, Texas, acting by and through its duly authorized officers under an ordinance passed the .. ~'!iA ......... day ofAP.t:~~ •••••••• 1 19. ?.~ 1 hereina:rter called the "Cit;y," Party of' the Second Part: V:tTliESSETH: WJIEREAS, there are big~ traffic sianaJ.s in place at the intersections shown on Exhibit No. 2, attached hereto and made a part hereof, said trattic signals having been installed, operated, and maintained by the State at a time when said Q intersections were not within the corporate limite of' the City; and 0 WHEREAS, said intersections are now within the corporate limits of' the City; and WHEREAS, it is nat the policy of the State to install, operate, or main- tain highway tratf'ic s:tenals inside the corporate 11m1ts of cities of 5,000 population and over (Latest Federal Census)_; and WHEREAS, the City has requested the State to leave the h18hva.;r traffic signals in place at the intersections shown on Exhibit No. 2, attached hereto and made a part hereof, and the State has m.a.de known to the Cit;y that it will leave said highwq traffic sienals in place provided the City will: (1) operate and maintain the sienal.s, (2) pa;y all power costs 'for operating the signals, and (3) Agreement (Traf'fic Signal -Type 3) -1-EXlliBIT B Revised 12-23-52 0 return any and all parte of said traffic sJenal 1netal1ations to the State shcr..ll.d the7 be removed b7 the Cit7 for any reason other than for installation on a State or J'ederal numbered hJehYa7 route at a location approved b7 the State. AGREEMENT: NOW, therefore, in consideration of the premises and of the mutual covenants and agreements ot the parties hereto to be by-them respectivell' kept and performed, as hereinafter eet forth, it is agreed as :follows: 1. That the State will leave the hJehYa7 traffic sJenals in place at the intersections shown on EXhibit No. 2 attached hereto and made a part hereof. 2. That the City will operate and maintain the s1gna.ls • • 3· That the City will pay the cost of the power f'or operating the signals. 4. That the City will return any and all parts of said traffic s1gnal installations to the State should they be removed b7 the City-for any rea~on other than for installation on a State or Federal: numbered hJehway :route at a location approved by the State. 5. That in the event the tezms or this agreement are in conflict with the provisions o:f ~ other existing agreement and/or contract between the City and the state, this asreement shall take precedence over the other agreement and/or contract. All other provisions of said existing agreements and/or contracts not in conflict with this agreement shall remain in f'ull force and e.ftect. Agreement (Traffic S18nal • Type 3) 0 IN TESTIMONY WHEREOF, the parties hereto bave caused these presents to be executed in triplicate on the day above stated. ATTEST: /)b//4~ APPROVED AS TO FORM: General Attorneys tor the City Assistant Attorney General Revised 9 .. 51 THE STATE OF TEXAS Certified as bei.Dg executed tor the purpose and ettect of activating and/or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by tbe State Higbw~ Commissio : Chief' Engineer ot Construction and Maintenance RECOMMENDED FOR APPROVAL: ???-~· ~~ Supervising Traffic Engineer -:2:&-a~ Engineer, Traffic Services Agreement (Traffic Signal -Type 3) ... 3. ' . ·'" EmiBIT NO. 2 LOOATION OF lltl'ERSJOOTIONS U.S. Highway No. 62 (Idalou Road) a.nd F. M. Highway No. 40 (Acuff Road) in Northeast Lubbock Asreement (Traffic Sienal -'me 3) Exbibit No. 2