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HomeMy WebLinkAboutResolution - 1454A - Agreement - TDHPT - Traffic Signal Maintenance, N Loop 289 & US87 - 08/25/1983JWF:da RFSnI I ITTnN RESOLUTION 1454-A - 8/25/83 WHEREAS, the public safety and welfare requires that the City of Lubbock (herein called "City") agree and cooperate with the Department of Highways and Public Transportation of the State..of Texas (herein called "State") with respect to the installation and maintenance of a system of traffic signals at North Loop 289 and U.S. Highway 87; 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 an agreement between City and State with respect to the installation and maintenance of a system of traffic signals at North Loop 289 and U.S. Highway 87, 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 25th day of ATTEST: Evelyn Gaf ga, rity S r -Treasurer APPROVED AS TO CONTENT: 41X� )/ Larry HoffmaV Director- o affic.and Transportati n -� APPROVED AS TO FORM: i vv J W rth Fullingim, Assistant C' y Attorney August eo . 1983. RESOLUTION 1454-A - 8/25/83 A� STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, dated this 25th day of August , 19 83 . 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 Qoddmrm/Resolution, passed the 25th day of August , 19 83 , 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) by Ovd&cm/Resolution, passed on the 25th day of August , 19 83 , 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, prepare plans and specifications, install said highway traffic signal(s), and supervise 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 manner of construction as shown on the plans 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 8-82 Dist. 5 w e.s „ , r r � �. •4 S. The City will obtain written aproval 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 accordancee 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 -1A) 2-82 2-4 w � r 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 and 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 (TRAFFIC SIGNAL - TYPE E -1A) 2-82 3-4 z ' 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 25thday of August 19 83 ATTEST: By: Secretary for City, ALAN ENRY, M 4yor EVELYN GAFFGA APPROVED AS TO CONTENT: STATE OF TEXAS Certified as being executed for the purpose 4wf Y, and effect of activating and/or carrying out Larry Hoff , Direc f Traffic and the orders, established policies, or work Transportation programs heretofore approved and authorized by the State Highway and Public Transportation APPROVED AS TO FORM: Commission: J. WorfhlFullingim, Asst. City rney AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA) 4-4 APPROVED: T ay of Chip Engineer of Safety and Maintenance Operations 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: - B), e4l Ae District ineer 2-82 I-1 to 3 117th 31. K-4 - -1to Q BLUEFIELD STREET 121D8. a \ . 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Intersection of Loop 289 and the Frontage ST E i r- WITH ro i a • I6T Roads of resent U.S. 87 present ' nTN !r. > COMMERCE : le > N DTX T < < i IBTN ST l )0 uea0 R 1-7 arnc my" BT. < < 19TH ST < < mem C[3 19T 2 .0 BTN !T. 2 J p O RUMMEN i L 211IT U3T ; 4 215 T. ( NYOJ O� KES 2ND < INA WEBER , OJE T, 1 '" 84 2 RD ST WMCN SE 2380 f. MAEONB SRO X NA N NTN T NS ro s LE e R` 9TIIU0 9 > 1[LD 4 H W` 24TH M W 21 MAM.�,^r 26TH Sr. STN ST W� ' MICRON [LEN. 26TH T M 1 R R� 2 TX < G ] - ; < 8TH ST 2e1N ST = W e DUNBAR 06 • y A <A1P O 28TH T. ,A - HIGH Z ExerX u 0 21TN M 9TR w N~ ut0 TM LEY. 9fN T E 26TH AT C a > EUM. ` DIST ST. /� i < JR. NUTCIIIMNIBN 31ST E.3OTN 8r a DA4 30TH O: i NO ST 33R0 ST _ 33R0 T. u T11 T �J FORT WOW AND 3! " • ' I LUBBOCK 34TH Sr. DENVER DEPOTS 34TH ST. X < N [CEM. I i SSTM T. >6TNi T 35TH.,SE ' .Y Sr 37TH N PRY i CCMET[RY 6 O i JWF:da RFSnI I ITTnm RESOLUTION 1454-A - 8/25/83 WHEREAS, the public safety and welfare requires that the City of Lubbock (herein called "City") agree and cooperate with the Department of Highways and Public Transportation of the State.of Texas (herein called "State") with respect to the installation and maintenance of a system of traffic signals at North Loop 289 and U.S. Highway 87; 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 an agreement between City and State with respect to the installation and maintenance of a system of traffic signals at North Loop 289 and U.S. Highway 879 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 25th day of ATTEST: Evelyn Gaf ga, City S r -Treasurer APPROVED AS TO CONTENT: Larry Hoffma Director of"[taffic and Transpor.tati n APPROVED AS TO FORM: J. Worth Fullingim, Assistant City Attorney I August ,J . 1983. US!OURItlg 1454-A 0{4/8 III iii li�! II I STATE SRP TEXAS °i COUM tOr I: 9VEL ! GA A, , the duly appointed,.qualified and acting city secretary of the City of - , Texas, hereby certify that the foregoing pages constitute a true and correct copy of an SikQkBaMe/resolution duly passed by the City Council at a meeting held on gth t A.D. , &W at Weis O'clock To certify which, witness my hand and seal of the City of , Texas, this 25th day of 1#ttst at Texas. 'City a et ry- o City o . Texas jss COMMISSION STATE DEPARTMENT OF HIGHWAYS ROBERT H. DEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION A. SAM WALDROP JOHN R. BUTLER, JR. P. 0. Box 771 Lubbock, Texas 79408-0771 August 8, 1983 Control 67-11 Intersection of U.S. 87 Frontage Roads With Loop 289 Intersection of U.S. 87, Avenue A, With Harvard Street Traffic Signal Agreements Mr. Larry Cunningham City Manager P. 0. Box 2000 Lubbock, Texas 79457 Dear Sir: ENGINEER -DIRECTOR MARK G. GOODE IN REPLY REFER TO FILE NO. Enclosed are an original and three copies each of Traffic Signal Agreements for the above identified intersections. The Agreement Type E-lA is for the installation of permanent fixed time traffic signals at the intersection of Loop 289 and the Frontage Roads of present U.S. 87. The Agreement Type E-2 Modified is for the installation of temporary fixed time signals at the intersection of U.S. 87 with Harvard Street. It is requested that these documents be processed along with the enclosed City . Secretary Certificate. The original and two copies should be returned to this office of each document. The third copy has been sent to you that you will have for your file a copy of these documents until a fully executed one is secured. As you will note a resolution or ordinance will need to be executed by the City. We request three.copies of that document be forwarded to this office. As soon as these agreements have been processed by'the State Department of Highways and Public Transporta- tion, a fully executed copy will be given to the City. Yours truly, Ben Alley District Engin By: orG . W. C..Powell Supervising Traffic Engineer District Five WCP : j ss Encl.