(A) Provision of signals. Since the public convenience, safety and necessity require it, a highway traffic signal be constructed and provided at the intersection of U.S. Highway 80 (Church Street) and State Highway 155 (Tyler Street) in the city.
(1981 Code, § 14.10)
(B) Authorization to state. The state is hereby authorized to construct the highway traffic signal project at the location and in the manner shown on the plans.
(1981 Code, § 14.11)
(C) State’s nonliability for damages. Nothing in this schedule shall be construed as to require the state to assume or pay any direct, incidental or consequential damages to adjoining, abutting or other property or business or to any tenants occupying adjoining, abutting or other property caused by, incidental to or in any way connected with the passage and enforcement of this schedule and/or by the installation, the construction, the existence, the use, operation and/or the maintenance of the highway traffic signal project authorized herein, or to defend any suit or suits which may be brought against the state by any party or parties for the recovery of the damages.
(1981 Code, § 14.12)
(D) Damages paid by city. For and in consideration of the mutual covenants herein contained, the city does hereby agree that all damages and claims for damages, including damages to adjoining, abutting or other property, if any there be, arising out of, incident to or in any way connected with the installation, the construction, the use, operation and/or the existence of the highway traffic signal project and/or the maintenance thereof, shall be adjusted and paid solely by the city, and the city shall and does hereby agree to hold harmless the state against any and all claims, demands and causes of action for recovery of any and all the damages arising out of the installation, the construction, the use, operation and/or the existence of the highway traffic signal project and/or the maintenance thereof, and agrees to assume the defense of any and all suits brought for the recovery of all the alleged damages, and shall intervene and make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writing by the state so to do, wholly relieve the state from defending the same, and hereby agrees to hold the state harmless as to court costs, attorney’s fees and all expenses in connection with the suits, and hereby assumes and agrees to pay all judgements recovered against the state by reason of the construction, the installation, the use, operation and/or the existence of the highway traffic signal project and/or the maintenance thereof.
(1981 Code, § 14.13)
(E) Changes to signals. No changes are to be made in the type of signal or design or operation without written authority by the State Highway Engineer.
(1981 Code, § 14.14)
(F) Authorization to Mayor. The Mayor be and is hereby authorized to execute for and on behalf of the city an agreement and contract with the state in accordance with and for the purpose of carrying out the terms and provisions of this schedule. The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the city thereto.
(1981 Code, § 14.15)
(G) Construction of signal. The state be and is hereby authorized, as agent of the city, to construct the highway traffic signal project at the location and in the manner as shown in the approved plans.
(1981 Code, § 14.16)
(Ord. passed 6-29-1953)