HomeMy WebLinkAboutResolution - 2000-R0422 - TXDOT Traffic Signal At Brownfield Highway & Upland Avenue - 11/27/2000Resolution No. 2000-RO422
November 27, 2000
Item No. 17
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 for City to
assume operation and maintenance of the traffic signal at the intersection of Brownfield
Highway and Upland, between the City of Lubbock and Texas Department of
Transportation, and related documents. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 27th day of November _, 2400.
WINDY SITT AYOR
ATTEST:
City
APPROVED AS TO CONTENT:
JD. PIart, Jr.,' P` E
((iTraffic Engineer
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
Dh/Ccdocs/Traffic Signals TXDOT, Res.
November 6, 2000
Resolution No. 2000-RO422
November 27, 2000
Item No. 17
AGREEMENT FOR
CITY TO ASSUME OPERATION
AND MAINTENANCE OF
EXISTING SIGNALS WHEN ANNEXED
BY CITY OVER 50,000 POPIILATION
OR CITY GROWS TO OVER
50,000 POPULATION
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT, dated this 27th day of November , 2000, by
and between the State of Texas, acting by and through the Texas Department of Transportation,
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 27th day of November
20 00, hereinafter called the "City," party of the second part, is made to become effective when
fully executed by both parties.
WITNESSETH
WHEREAS, there is (are) (a) highway traffic signal(s) in place at the location(s) shown on
EXHIBIT 1, attached hereto and made a part hereof, said highway traffic signaI(s) having been
installed, operated, and maintained by the State at a time when said location(s) was (were) not
within the corporate limits of a City of 50,000 population or over; and
WHEREAS, said location(s) is (are) now within the corporate limits of a City of 50,000
population or over; and
WHEREAS, the State under the provisions of Title 43, Texas Administrative Code,
1 of 5
AGREEMENT (TRAFFIC SIGNAL - TYPE CA) 1-97
Section 25.5, has authority to install, operate and maintain traffic signals on freeway type
highways in all cities and on other highway routes in cities of less than 50,000 population (latest
Federal Census); and
WHEREAS, the City has requested the State to leave the highway traffic signal(s) in place
at the location(s) shown on EXHIBIT 1 and has authorized the continued existence, use,
operation, and maintenance of the highway traffic signal(s) by Ordinance/Resolution passed on the
27th day of November 120 00.
AGREEMENT
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:
The State will leave the highway traffic signal(s) in place at the location(s) shown on
IIC
2. For location(s) listed on EXHIBIT 1 as non -freeway locations:
2.1 The City will operate and maintain the signal(s) at their expense.
2.2 The City will pay all power costs for operating the signal(s).
2.3 The City shall be the responsible authority to make changes in the design and
operation of the highway traffic signal(s) as it may deem necessary and advisable to
promote the safe, convenient and orderly movement of traffic.
2.4 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
2 of 5
AGREEMENT (TRAFFIC SIGNAL - TYPE CA) 1-97
on a State or Federal numbered highway route at a location approved by the State.
2.5 The City acknowledges that it is not an agent, servant, or employee of the State,
and thus, is responsible for its own acts and deeds and for those of its agents or employees
during the performance of the work defined in this agreement.
3. For location(s) listed on EXHIBIT 1 as freeway locations:
3.1 The State will operate and maintain the signal(s) at its expense.
3.2 The State will pay all power costs for operating the signal(s).
3.3 The City will exercise no control whatsoever over the operation, maintenance, use,
or existence of the highway traffic signal(s) without written authority from the Texas
Department of Transportation.
3.4 The State shall have the authority to make such changes in the design and
operation of the highway traffic signal(s) as it may deem necessary and advisable to
promote the safe, convenient, and orderly movement of traffic.
4. General conditions for all locations shown on EXHIBIT 1.
4.1 The City will be responsible for the police enforcement required for securing
obedience to the highway traffic signal(s).
4.2 In the event the signal installation(s) covered by this Agreement become
unnecessary or is (are) removed for any reason, this Agreement shall terminate.
4.3 The State will not incur any financial obligation to the City as a result of this
Agreement.
4.4 Any changes in the provisions of this Agreement or obligations of the parties
3 of 5
AGREEMENT (TRAFFIC SIGNAL - TYPE CA) 1-97
hereto shall be enacted by a written amendment executed by both the State and the City.
4.5 In case one or more of the provisions contained in this Agreement shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions hereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
4.6 All notices to either party by the other required under this Agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such
party at the following respective addresses:
State: Carl Utley, P.E.
District Engineer
Texas Department of Transportation
P.O. Box 771
Lubbock, Texas 79408-0771
City: Jeryl D. Hart, Jr., P.E.
City Traffic Engineer
Traffic Engineering Department
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party hereto may change the above address by
sending written notice of such change to the other in the manner provided herein.
4.7 This Agreement constitutes the sole and only agreement between the parties hereto
and supersedes any prior understandings or written or oral agreements respecting the
within subject matter.
4 of 5
AGREEMENT (TR.AFFIC SIGNAL - TYPE CA) 1-97
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
in duplicate on the dates shown hereinbelow.
Executed on behalf of the City, this
27th day of November , 2000 .
ATTEST:
" 7
By:
Se�cretarV for City Mayor
THE STATE OF TEXAS
Executed for the Executive Director and approved
for the Texas Transportation Commission under the
Authority of Minute Order 100002 and Stand Alone
Manual Notice 96-6, for the purpose and effect of
activating and/or carrying out the orders, established
policies or work programs by the Texas
Transportation Commission.
APPROVED:
By:
District gineer
ZDistrict
Date: /Z,/,
5 of 5
AGREEMENT (TRAFFIC SIGNAL - TYPE CA) 1-97
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of
the agreement.
CITY OF LUBBOCK
APPROVED AS TO CONTENT:
- Q"' I - --i) " 4,�
Je . H , Jr., P.E.,
Cilry Traffic Engineer
APPROVED AS TO FORM:
--
Wil iam de Haas,
Competition and Contracts Manager/Attorney
Agreement (Traffic Signal -Type CA)
5-A
III'Me
(Date)
/jav,0')
(Date)
i 34Th
EXHIBIT 1
LOCATIONS
I
50TH
0P�'x�S 62
x.
66TH
UPLAND AND US 62 2 (BRONNFIELD HWY)
a
98TH
j
Jo
�114TH
LXMIT
Y
3
Resolution No. 2000-RO422
+--------------------------------------------- F--------------------------------------------- �---------- .--------------------