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Home My WebLink AboutResolution - 1583 - Agreement - TDHPT - Traffic Signal Maintenance, US 87 & 40Th St - 02_23_1984JWF:cl RESOLUTION RESOLUTION 1583 - 2/23/84 WHEREAS, the City Council finds it would be to the public interest, public safety, and public welfare of the citizens of the City of Lubbock for said City to enter into a traffic signal installation and maintenance agreement between said City and State Highway and Public Transportation Department of the State of Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an agreement for traffic signal installation and maintenance for intersection of U.S. 87 (Avenue A) with 40th Street in the City of Lubbock, Lubbock County, Texas said agreement being entered into by and between said City and the Texas State Department of Highways and Public Transportation, attached herewith which shall be spread upon the minutes of this City Council and as spread upon the minutes of this Council shall constitute and be a part of this resolu- tion as if fully copied herein in detail. Passed by the City Council this 2 rd day ATTEST: velyn Gaf fga,' City 56cr6t a -Treasurer APPROVED AS TO CONTENT: Larry Hofq�an, Dir'ecYoe-bf Traffic f� Transportation APPROVED AS TO FORM: RESO LUT10N 1583 - 2/23/84 a'sy� rip � +.hQWL�P, A G R E E M E N T TRAFFIC SIGNAL INSTALLATION INTERSECTION OF U.S. 87 (AVENUE A) WITH 40TH STREET LUBBOCK, LUBBOCK COUNTY STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, dated this 23rd day of February , 19 84 , 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 No. 1583 authorized officers under an 954JD~/Resolution, passed the 23rd day of FPhru,nry s 19 84 , 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, the City has authorized the installation of highway traffic signal(s) No. 1583 by X)nddxxxuoe/Resolution, passed on the 23rd day of February 19 84 at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof: 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 by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The State will furnish the necessary funds for the actual construction, and installation of said signal(s), and supervision of construction. 2. The City hereby consents to the construction of the highway traffic signal(s)_ shown on EXHIBIT 1 by the approval of the location and the manner of construction as shown on the plans, prepared by the City, and described in the specifications. 3. The City will operate and maintain the highway traffic signal(s) at City's expense upon completion and acceptance of the roadway construction by the State. 4. The City will pay all power costs for operating the signal(s). AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA) MODIFIED 8-83 Dist. 5 5. The City will obtain written approval of the State Department of Highways and Public Transportation before making any changes in the design of operation and timing of the signal(s) or before removing any part of the installation(s). 6. The City will return any and all parts of said highway traffic signal installation(s) to the State should it (they) be removed by the City for any reason other than for installation on a State or Federal numbered highway route at a location approved by the State. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 8. In the event the signal(s) installed in accordance with this Agreement become unnecessary or are removed for any reason this Agreement shall terminate. 9. Indemnification The City agrees to indemnify the State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any way connected with the installation, the construction, the existence, the use of such project and does hereby agree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall, if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing in this agreement shall be construed to place any liability on the City for personal injury arising out of the construction of such project. Furthermore, it is not the intent of this agreement to impose upon the City the liability for injury to person or property arising out of the construction of the project by the State's contractor unless the State itself would be liable for such injury or damage. AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA) MODIFIED 8-83 Dist. 5. 2-4 Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in any manner connected with the use of the project, and the City will save the State harmless from any damages arising from said main- tenance and/or use of said project. It is further understood and agreed between the parties hereto that the improvement of the project by the State is -for the sole purpose of providing the travelling public a more adequate travel facility snd shall never be the basis of any claim for State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of.any street project. 10. The department will not incur any financial obligation to the City as a result of this agreement. AGREEMENT (TRRAFFIC SIGNAL - TYPE E-lA) 3-4 8-83 Dist. 5 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 23rd day of February 19 84 ATTEST: By: Secretary or City EVELYN GAFFGA Larry Hof , Director APPROVED AS TO FORM: J. Wo Fullingim AssisVnt 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 Transportation programs heretofore approved and authorized by the State Highway and Public Transportation Commission: AGREEMENT (TRAFFIC SIGNAL - TYPE E-IA) APPROVED: ,.. day of Chief Engineer of Safety and Maintenance Operations 19 Executed and approved for the State Highway and Public Transportation Commission under ' Authority of Commission Minute 78501 and Administrative Order No. 29-81 RECOMMENDED FOR EXECUTION: District Engineer 4-4 2-82 �--� TECH x nrN !t > ! fit••' Jn+ TP :: !=K ��. . 4-1 far r•fµ7 -� M rN•R ,n+ 5300 t)w° .fi T i .� lt )P 289U -,' ,4 !T S } 11,E ! r v It Nrtw T It IT It it -SL It y • �� - - AM 14 IT moll �' M siN }flit + Cllfl �, K 1pTR T. 1� ST Lo CAT 1uN of PRoPosEd J.T% ST.CONSTRUCTION co (o -1- 3 TO I NTH 11 » w01w T ,NOT VMLl0 » •� aJY° ktR ONKCTiOM~ [lta, a=•• T. \v I MEN •fir_ aff�lrczsa..�l.f��.f••J� .� �� RON MEW�r� STATE OF TEXAS COUNTY OF LUBBOCK I, EVELYN GAFFGA , the duly appointed, qualified and acting city secretary of the City of Lubbock , Texas, hereby certify that the foregoing pages constitute a true and correct copy of an owd1womg/resolution No. 1583 duly passed by the City Council at a meeting held on February 73. 1 A.D. , 3xat 9:30 o'clock A. M. To certify which, witness my hand and seal of the City of Lubbock , Texas, this 23rd day of 1984 February , AMi, at Lubbock , Texas. City Secretary of t City of Lubbock, Texas jss