HomeMy WebLinkAboutResolution - 1119 - Amend Agreement - State Of Texas - R#1094 Urban Traffic Operations Program - 06/10/1982JMS:mck
RESOLUTION 1119 - 6/10/82
Amends Reso. 1094
RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF LUBBOCK AND THE STATE OF TEXAS.
WHEREAS, it is necessary to amend Resolution 1094 passed by the City
Council on May 13, 1982, to add the correct Minute Order numbers and dates of
execution of the Municipal Construction and Maintenance Agreements referenced
therein; and
WHEREAS, by virtue of Municipal Construction and Maintenance Agreements
entered into by the City and the State and in accordance with Minute Order
63,291, dated January 29, 1970, Minute Order 66,209, dated May 1, 1972, and
Minute Order 68,373, dated January 29, 1974, an Urban Traffic Operations Pro-
gram to Increase Capacity and Safety was subsequently completed to modernize
certain traffic signals and install an electronic traffic control system; and
WHEREAS, the equipment is past its expected life, fully depreciated and
continued operation of the electronic traffic control system has been deter-
mined impractical, excessively expensive and functionally obsolete; NOW THERE-
FORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT THE Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an amended Agree-
ment in lieu of the Agreement executed pursuant to Resolution 1094 of May 13,
1982, and as substitute for that Agreement, between the City of Lubbock and the
State of Texas, which amended Agreement shall be the effective Agreement and
shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 10th day of 1982.
BILL McALISTER, MAYOR
AT EST:-,
EVelyn.Gaffga, ity SedGolrrreasurer
;APPROVED AS TO CONTENT:
i
B.H. McDaniel, Traffic Engineering Director
APPROVED AS TO FORM:
oAn M. Sherwin, Assistant City Attorney
Jam'"
Resolution No. 1119
Amending Resolution 1094, 5/13/82
See: Resolution of 6/25/70
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
This AGREEMENT, dated this loth day of June , 1982, by and
between the State of Texas, hereinafter called the "State", Party of the First
Part; and the City of Lubbock, Lubbock County, Texas, acting by and through its
duly authorized officers under an Ordinance/Resolution passed the loth day of
June , 1982, hereinafter called the "City", Party of the Second Part, is
made to become effective when fully executed by both parties.
W I T N E S S E T H:
WHEREAS, by virtue of Municipal Construction and Maintenance Agreements
entered into by the City and the State and in accordance with Minute Order 63,291,
dated January 29, 1970, Minute Order 66,209, dated May 1, 1972, and Minute
Order 68,373, dated January 29, 1974, an Urban Traffic Operations Program to
Increase Capacity and Safety was subsequently completed to modernize certain
traffic signals and install an electronic traffic control system; and
WHEREAS, the equipment is past its expected life, fully depreciated and
continued operation of the electronic traffic control system has been determined
impractical, excessively expensive and functionally obsolete.
A G R E E M E N T:
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be respectively kept and performed as
hereinafter set forth, it is agreed as follows:
1. This Agreement voids the previous Agreements dated the 17th day of July,
1970 and the 18th day of March, 1974, relating to the electronic traffic
control system.
2. The City is hereby authorized to dispose of the electronic traffic control
system by open -market sales or any other method of any and/or all parts
of the system.
3. The City hereby agrees that any proceeds and/or benefits received from the
sale of any and/or all parts of the system shall be utilized to purchase
additional traffic signal equipment as needed by the City. No proceeds
shall be returned to the State.
4. The City agrees to indemnify the State against any and all damages and
claim for damages as a result of the removal of part or all of the elec-
tronic traffic control system or for the malfunctioning or failure of
operation of any equipment from which said electronic traffic control
components have been removed.
5. In the event this Agreement shall become in conflict with any future
Agreement with the City, this Agreement shall terminate.
6. The State will not incur any financial obligations to the City as a result
of this Agreement.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the dates shown hereinbelow.
EXECUTED on behalf of the City, this 10th day,.of Ane1982,
� w -1
BILL cALISTER, MAYOR
ATTEST:
Evelyn Gaf ga, dity SeAet"rxAreasurer
APPROVED AS TO CONTENT:
B. H. McDaniel
Traffic Engineering Director
APPROVED AS TO FORM:
�;5an M. Sherwin
ssistant City Attorney
STATE OF TEXAS
Certified as being executed for the purpose
and effect of activating and/or carrying out
the orders, established policies, or work
programs heretofore approved and authorized
by the State Highway and Public Transportation
Commission.
APPROVED:
day of
, 1982.
Chief Engineer of Safety & Maintenance Operation
Executed and approved for the State Highway
and Public Transportation Commission under
Authority of Commission Minute 78,501.
RECOMMENDED FOR EXECUTION:
District Engineer