Res 1988-058 - Laserfiche WebLink

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101 STATE OF TEXAS COUNTY OF HAYS This AGREEMENT, dated this ~ day of May, 1988, by and between the State of Texas, hereinafter called the "state", and the Ci ty of San Marcos, Hays County, Texas, acting by and through its duly authorized officers under Resolution, passed the -L day of May , 1988, hereinafter called the "City" is to become effective when fully executed by both parties. WITNESSETH WHEREAS, there are highway traffic signals in place at the locations shown on EXHIBIT 1, attached hereto and made a part hereof, said highway traffic signals having been installed by the City and/or the State, and now being operated and maintained by 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 with a population of less than 50,000 according to the latest Federal Census; and, WHEREAS, the city has requested the State assume the maintenance and operation of the highway traffic signals now in place at the locations shown on EXHIBIT 1 and has authorized the continued existence, use, operation, and maintenance of the highway traffic signals by Resolution passed on the 9 day of May 1988. 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 City will leave the highway traffic signals in place at the locations shown on EXHIBIT 1. 2. The City will exercise no control whatsoever over the operation, maintenance, use or existence of the highway traffic signal without written authority from the State Department of Highways and Public Transportation. 3. The State will operate and maintain the signals at their expense and will pay all power costs for operating the signals. 4. The State shall have the authority to make such changes in the design and operation of the highway traffic signal as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 5. The State will return any and all parts of said highway traffic signal which have been installed by the City should they be removed by the State for any reason other than for State use with City approval in an installation on a State or Federal numbered highway route at a location within the City. 6. The State will retain ownership of all material furnished and installed by the State. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal. 8. In the event the signal installations covered by this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate.