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Home My WebLink AboutResolution - 3025 - Agreement - TDHPT - Traffic Signals, W Brownfield Rd At W Loop 289 - 01_26_1989Resolution #3025 January 26, 1989 JWF:dw RESOLUTION 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 agreement to be entered into by and between the City of Lubbock and the Texas State Department of Highways and Public Transportation concerning the installation and maintenance of three highway traffic signals at the West Brownfield Highway intersection with Loop 289, the Loop 289 intersection with 34th Street, and the Loop 289 intersection with North Quaker Avenue, attached herewith, which 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 26th day of January , 1989. c ' C. McM N , MAYOR Randtte Boyd, City Secreta APPROVED AS TO CONTENT: David E. Woosley, Traffic Engineer APPR VED AS TO FORM: Jorth Fullingim, Assistant . C Attorney THE STATE OF TEXAS THE COUNTY OF TRAVIS AGREEMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN MUNICIPALITY This AGREEMENT, made by and through the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State", and the City of LUBBOCK , hereinafter called the "City", acting by and through its duly authorized officers as evidenced by an Ordinance/ Resolution No. 3025 , passed the 26thday of Jan. 19 89 hereinafter incorporated by reference. W I T N E S S E T H WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State, the City has authorized the State to maintain certain highways within the City; and WHEREAS, from time to time the City requests the State to install highway traffic signals on such highways; and WHEREAS, on the 27th day of May, 1987, the State Highway and Public Transportation Commission passed Commission Minute Order No. 85777 adopting rules codified under Title 43, Texas Administrator Code (TAC) Section 25.5 authorizing the State to install, operate and maintain highway traffic signals on: (a) highway routes not designated as full control of access inside the corporate limits of cities, having a population less than 50,000 (latest Federal Census); and (b) highways designated as full control of access in all cities; and WSBREAS, the City has a population of overt 4MMWe 50,000 population according to the latest Federal Census; and WHEREAS, the City requests and agrees to be responsible for all expenses incurred for furnishing power to, and maintaining and operating highway traffic signals within the City. 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: Agreement (Traffic Signal Type-M) (City Maintenance) Page 1 of 4 06/88 1. This Agreement shall apply to all existing highway traffic signal systems shown on EXHIBIT I. 2. This Agreement shall also apply to all highway traffic signal installations and/or modernizations approved by both the State and the City, the City's approval being indicated by signature of the Mayor on the plan title sheet. 3. The State will furnish the necessary funds for the actual construction, prepare.plans and specifications, install and/or- modernize said highway traffic signal(s) and supervise construction. 4. The City hereby consents to the construction of the highway traffic signal(s) by the approval of the location and manner of construction as shown on plans and described in specifications. 5. The City will operate and maintain the highway traffic signal(s) at their expense upon completion of the installation(s) by the State. 6. The City will pay all power costs for operating the highway traffic signal(s), including all power necessary for installation and testing of the highway traffic signals prior to completion of the installation by the State. 7. The City will obtain approval of the State Department of Highways and Public Transportation before making any changes in the design of operation and timing of the highway traffic signal(s) or before removing any part of the installation(s). 8. The City will return any and all parts of said.state 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. 9. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 10. In the event the highway traffic signal(s) installed in accordance with this Agreement become unnecessary or are removed for any reason, this Agreement on those signals shall terminate. 11. To the extent permitted by law, the City shall indemnify and save harmless the State, its agents, officers or employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence of any neglect in the performance, or failure of performance of the City, its agents, officers and employees under this Agreement. 12. The State will not incur any financial obligation to the City as a result of this Agreement. Agreement (Traffic Signal Type-M) (City Maintenance) Page 2 of 4 06/68 13. A. This agreement may be terminated by any of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State upon thirty (30) days written notice to the City for failure of the City to provide adequate maintenance and operation services for those highway " -traffic signal installations which the City has agreed to maintain and operate. (3) By the City upon one hundred and twenty (120) days written notice to the State. B. in the event this agreement is terminated by any of the above conditions, the power, and maintenance.and operation of the highway traffic signal systems shall become the responsibility of the State. Any state owned equipment being held by the City shall be promptly returned to the State upon termination of this agreement. Agreement (Traffic Signal Type-M) (City Maintenance) Page 3 of 4 06/88 IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. THE CITY OF LUBBOCK BY: ../,// An ec ' B. C. McMinn Typed Name Mayor Title January 26, 1989 Date T: ity Secrgtary Appr ved as to con ent. David E. Woosley, Trafficngineer Apprq4d 'prh to form: ' J. th Yullingim, Asst. CitflAttorney THE STATE OF TEXAS Executed for the State Engineer Director and approved for the State Highway and Public Trans- portation Commission under the authority of Minute Order 82513 and Administrative Order 32-87, for the purpose and effect of activating and/or carrying out the orders, establishing policies or work programs here- tofore approved and authorized by the State Highway and Public Transportation Commission. BY: ignature Gary K. Trietsch; P,.E. -. Traffic Operatio_ns,. Engineer D t 5 b Agreement (Traffic Signal Type-M) (City Maintenance) Page 4 of 4 06/88 "EXHIBIT I LOCATIONS PROJECT NO. MC 0380-01-039 - U.S. 62-82, WEST BROWNFIELD HIGHWAY INTERSECTION.. WITH LOOP 289. PROJECT NO. MC 0783-02-048 - LOOP 289 INTERSECTION WITH 34TH STREET PROTECT NO. MC 0783-02-049 - LOOP 289 INTERSECTION WITH N. QUAKER AVENUE 09 s f Jew Resms-n! 46r i4rm t s't to 6rM ST My" S' Para rH + 1;17 —1,." 62 - RIMst :oT. st PAS is St 1ST ST 2 St sr mr n-vp sr 221yo ST sr 4 P 72ND It PN T 23RD 24TH 25 rm S T S T ~ 24T#4 — 2 1 lb 1 �4 LOOP 289 EAST AND WEST 621* 2?1 FRONTAGE ROADS WITH 82 r" sr T 34TH STREET ST Park LUBBOCK, LUBBOCK COUNTY TH I I Itl t 1\\� MS�'(�Q JS /N 09� Rk' � w1k trm!,Efw I!Mflf ST U.S. 62-82 (BROWNFIELD HWY.) % WITH EAST AND WEST FRONTAGE ROADS 82 OF LOOP 289 2 LUBBOCK, LUBBOCK COUNTY 60#' 1-6 Ilk FAP 0. Ar s vr,.r z a I I I _TsT rA rf 31 .15 ST m INTERSECTION OF LOOP 289 28 EAST AND WEST FRONTAGE ROADS WITH NORTH QUAKER AVENUE LUBBOCK, LUBBOCK COUNTY ro s r ew S7 VrCh fp 62 j 6r I rAl. L14 116 A 26 7.1 Its—