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KYLE AND WALKER I liENRY C. KYLE ALBERT M. WALKER H.C_KYLE,m ATTORNEYS AT LAw ....._P..___~..,~~""MW<r East Side of Square SAN MARGaS, TEXAS July 6, 1967 City Council City of San Marcos City Hall San Marcos, Texas Attention: Mrs. Worrell Dr. Craddock and Gentlemen: Judge Ben A. Copass and I are very seriously concerned as to the apparent absence of legal authority for the placement of traffic-control devices at the various street intersections within our city. This absence was brought to mind most pain- fully by the recent necessity of dismissing a charge of dis- regarding one of such signals. I Said charge had been filed in the Corporation Court. The facts were certain. The defendent entered an intersection after the yellow light had begun to flash. He failed to clear the intersection before the red light began to flash. Thus, he was patently guilty of a violation of Section 33 of Article 670ld of the State Statutes and Section 36 (b) of the San Marcos Ordinance located in Volume 11, pages 364-396, of the Council Minutes. Why then was dismissal effected? Simply and painfully because the particular traffic-control at this particular inter- section was erected without legal authority. At the time of the erection, said intersection was a part of U. S. Highway 81. It is now a part of State Highway Loop 82. Section 30 (b) of Article 670ld reads as follows: "No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the State Highway Department except by the latter's permission." I I am informed by the local representative of the State Highway Department that never at any time has his bureau author- ized the erection or maintenance of the particular signal light in question. By pure surmise, therefore, it would seem that the light was erected by City of San Marcos personnel. As to authority, very possibly the Commission or Council of that day ~