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<br /> 91 <br /> RESOLUTION 1989-66R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS RESCINDING RESOLUTION 1988-58R <br /> ADOPTED MAY 9, 1988, AUTHORIZING THE CONTINUED <br /> EXISTENCE, USE, OPERATION, AND MAINTENANCE OF <br /> CERTAIN HIGHWAY TRAFFIC SIGNALS LOCATED IN SAID <br /> CITY, REQUESTING THE STATE OF TEXAS TO ASSUME FULL <br /> RESPONSIBILITY FOR THE MAINTENANCE AND OPERATION OF <br /> SUCH TRAFFIC SIGNALS, APPROVING THE TERMS AND <br /> CONDITIONS OF A MUNICIPAL MAINTENANCE AGREEMENT <br /> BETWEEN SAID CITY AND THE STATE OF TEXAS FOR <br /> OPERATION AND MAINTENANCE OF SUCH TRAFFIC SIGNALS, <br /> AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, <br /> AND DECLARING AN EFFECTIVE DATE. <br /> WHEREAS, there are certain highway traffic signals in <br />the City of San Marcos which were installed by the City <br />and/or the State of Texas and are now being operated and <br />maintained by the City; and, <br /> WHEREAS, the State under the provisions of Title 43, <br />Texas Administrative Code, Section 25.5, as amended, has <br />authority to install, operate and maintain traffic signals on <br />freeway- type highways in all cities and on other highway <br />routes in cities with a population of less than 50,000 <br />according to the latest Federal Census; and, <br /> WHEREAS, the City has a population of less thàn 50,000 <br />according to the latest Federal Census; and, <br /> WHEREAS, upon the City's request and upon its <br />authorization of the continued existence, use, operation, and <br />maintenance of said highway traffic signals, the State will <br />assume the maintenance and operation of said highway traffic <br />signals; now therefore, <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS: <br /> Part I. That Resolution 1988-58R adopted May 9, 1988 is <br />hereby rescinded, and said Resolution and the Municipal <br />Maintenance Agreement attached thereto and made a part <br />thereof shall be of no further force and effect. <br /> Part 2. That the City of San Marcos does hereby <br />authorize the continued existence, use, operation, and <br />maintenance of certain highway traffic signals located in <br />said City, the locations of which are as set forth in Exhibit <br />1 to that certain proposed Municipal Maintenance Agreement, a <br />copy of said Agreement being attached hereto and made a part <br />hereof for all purposes, and does hereby further request the <br />State of Texas to assume all responsibility for the <br />maintenance and operation of such traffic signals. <br /> Part 3. That the terms and conditions of that <br />Municipal Maintenance Agreement between the City of San <br />Marcos and the State of Texas for operation and maintenance <br />of certain traffic signals located in said City, a copy of <br />said Agreement being attached hereto and made a part hereof <br />for all purposes, are hereby approved. <br /> Part 4. That the Mayor of the City of San Marcos, <br />Kathy M. Morris, be, and she is hereby authorized to execute <br />said Agreement on behalf of said City. <br /> Part 5. That this Resolution shall be in full force <br />and effect from and after its passage. <br /> ADOPTED this 24 July , 1989. <br /> . ~ri~ <br />~~~ <br />anis K. Womack <br />City Secretary <br />