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HomeMy WebLinkAboutResolution - 3279 - Agreement - TDHPT - Traffic Signal Equipment, 4 50Th Street Intersections - 01_11_1990Resolution #3279 January 11, 1990 Item #12 JWF:dw RFS0I IITTON 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 traffic signals on 50th Street at the respective inter- sections of said 50th Street with University Avenue, Indiana Avenue, Quaker Avenue, and Slide Road, 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 11th ATZT: __...._.. Ran to Boyd, City Se etary APPROVED AS TO CONTENT: David E. Woosley, Traffic Engyeer APPROVED AS TO FORM: J Wor h ullingim, Assistant ity Attorney day of January , 1990. B. C. MCMIN , MAYOR 0 EXHIBIT 1 LOCATIONS 50TH STREET AND UNIVERSITY AVENUE 50TH STREET AND INDIANA AVENUE 50TH STREET AND QUAKER AVENUE 50TH STREET AND SLIDE ROAD L Resolution #3279 STATE OF TEXAS COUNTY OF TRAVIS This Ate, dated this 11th day of January 1990 by and been 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 Q dimpm/Resolution, passed the 11 t tday of J an u a r 1990 , hereinafter called the "City," Party of the Second Part, is made to become effective when fully executed by both parties. WITNESSETH Wf3ERE'AS, the City has authorized the installation of traffic signal(s) by Ordinanoe/TAeselutlea.? passed on the 28th day of May , 19 81, at the location (s) shown oat EXHIBIT 1, attached hereto and made a part hereof; and MEPEAS, the State under the provisions of Title 43, Texas Administrative Code, Section 25.5, has authority to install traffic signals on non -freeway locations within cities of over 50,000 pcpulation, and on non -highway routes in cities with less than 50,000 population when the installation(s) is(are) eligible for reimbursement from Federal Aid funds; and WEig2F.A.S, the State wishes to cooperate with the City in the installation of the traffic signal(s) at the location(s) shown on EXHIBIT 1; AGREEMENT NOW, therefore, in consideration of the premises and of the mutual covenants and agreermits of the parties hereto to be by then respectively kept and performeid, as hereinafter set forth, it is agreed as follows: 1. This Agreement shall apply to all highway traffic signal installations approved by both the State and the City, the City's approval being indicated by signature of the Mayor on the plan ACTT ('TRAFFIC S124AL -TYPE F) 1-4 08-89 ;made title sheet for such installation. -fir.— ,atc,��s. 2. The State will furnish the necessary funds for the actual construction, pyre -glaiapAl- specifications, install said highway traffic signal (s) and supervise construction. 3. 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. 4. The City will operate and maintain the highway traffic signals) at their expense upon completion of the installation(s) by the State. 5. The City will pay all power costs for operating the signal(s), including all paler necessary for installation and testing of the signals prior to ocapletion of the installation by the State. 7. the City will return arry and all parts of said highway traffic signal installations) 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. ACEERINr ('ETC S3)242%L - F) 2-4 08-89 8. The City will be responsible for the police enforcement required for securing cbedienoe to the highway traffic signal(s). 9. In the event the signal(s) installed in accordance with this Agreement became or are removed for any reason, this Agreement shall terminate. 10. To the extent permitted by law, the City shall indImmufy and save harmless the State, its agents or employees, fresn 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 and employees under this Agreement. 11. The State will not incur any financial obligation to.the-City as a result of this Agreement. AGMEMJr (Z MTC S13MAL - TYPE Fj 3-4 08-89 IN T SZnVNY WKWWF, the parties hereto have caused these presents to be executed in triplicate on the dates shown hereinbelow. ENnecuted on behalf of the City, this Lltb day of Janijary 19,o. d By./! .� . City Ser-r otary', Mayor APPROVED AS TO CONTENT: David E. Woosley, P:E., City Traffic Engineer APPROVED AS TO FORM: ,00AA&i orth Fullingim, istant City Attorney 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 Cc nmd.ssion under the authority of Minute order 82513. LATE: /-r+%J = 46 EXHIBIT 1 LOCATIONS 50TH STREET AND UNIVERSITY AVENUE 50TH STREET AND INDIANA AVENUE 50TH STREET AND QUAKER AVENUE 50TH STREET AND SLIDE ROAD EXHIBIT 1