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Home My WebLink AboutResolution - 1454B - Agreement - TDHPT - Traffic Signal Maintenance, US87 & Harvard St - 08/25/1983JWF:da RESOLUTION 1454-B - 8/25/83 RESOLUTION 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 U.S. Highway 87 and Harvard Street; 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 U.S. Highway 87 and Harvard Street, 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 Au t , 1983. ALHENRY, MAYOR —ATTEST: Evelyn Ga ga, City S c t -Treasurer APPROVE AS TO CONTENT: Z Larry Hof an, Dire of Traffic and Transportation APPROVED AS TO FORM: t � J. th Fullingim, Assistant City Attorney c � STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION 1454-B - 8/25/83 (7 -Tv ;CPRE T ARY-TREASURED This AGREEMENT, dated this 25th day of August , 1983 , by and between the State of Texas, hereinafter called the "State", Party of the First Part; and the City of LUBBOCK 11 LUBBOCK County, Texas, acting by and through its duly authorizes officers under an CViKkh YResolution, 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 temporary highway traffic signal(s) by -0tdi AZ§e/Resolution, passed on the 25th day of August , 19 83 , at the locations 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 respec- tively 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 signals, and supervise construction, and upon completion of construction, operate and maintain said highway traffic signals. 2. The City hereby consents to the construction of the temporary highway traffic signals shown on EXHIBIT 1 by the approval of thQ AGREEMENT (TRAFFIC SIGNAL - TYPE E-2 MODIFIED) 3-83 r location and manner of construction as shown on the plans and described in the specifications. 3. The State will pay all power costs for operating the signals. 4. The City will exercise no control whatsoever over th-e operation, maintenance, use, or existence of said highway traffic signals without written authority from the State Department of Highways and Public Transportation. 5. The State shall have the authority to make such changes in the design and operation of the highway traffic signals as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic during construction of Interstate Highway 27. 6. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signals. 7. When the signals installed in accordance with this Agreement become unnecessary and are removed, this agreement shall terminate. 8. 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 construc- tion of such project. Furthermore, it is not the intent of this AGREEMENT (TRAFFIC SIGNAL - TYPE E-2 MODIFIED) 3-83 2-4 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' contractor unless the State itself would be liable for such injury or damage. 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 maintenance 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 partici- pation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. 9. The Department will not incur any financial obligation to the City as a result of this agreement. AGREEMENT (TRAFFIC SIGNAL - TYPE E-2 MODIFIED) 3-83 3-4 r 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 25th day of August 19 83 ATTEST: ecretary for C±W By . A HENRY, ayor Evelyn Gaffga ` STATE OF TEXAS APPRO ID AS TO CONTENT: )v Larry Hof n, Di f Traffic and Transport tion APPROVEDS TO FORM: e -- J. Wor ullingim, Asst. City At 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 Commission: APPROVED: By CI ilf Engineer of safeVy and Toraintenance 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 District En neer AGREEMENT (TRAFFIC SIGNAL - TYPE E-2 MODIFIED) 4-4 3-83 v 0 14 F-4 CO 44 = 4j E-4 -H cc r co Er. (L -E- 44 0 0 41 0 PL 4J -H 41 cq C14 1 1 $4 C iP4 4J 41 C: a C4 H E- iz44 En 0 14 F-4 CO 44 = 4j E-4 -H cc r co Er. (L -E- 44 0 0 41 0 PL 4J -H 41 cq $4 C 4J 4J 41 C: a C4 H E- i JWF:da RESOLUTION 1454-8 - 8/25/83 RESOLUTION 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 U.S. Highway 87 and Harvard Street; 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 U.S. Highway 87 and Harvard Street, 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 Augq5t , 1983. AL HENRY, MAYOR ATTEST: jr Evelyn Gaffga, City S c t -Treasurer APPROVE AS TO CONTENT: Larry Hofpfian, Dire6W&`of Traffic and Transportation APPROVED AS TO FORM: M J. Worth Fullingim, Assistant Ciy Attorney STATE OF TEXAS COUNTY OF LUBBOCK RESOLUTIOn 1454-B - 8/25/83 II 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 oa&AxwxkRe/resolution No. 1454-B duly passed by the City Council at a meeting held on 25th 3 August A*Do,qa at f0:1g o'clock A. M. To certify which, witness my hand and seal of the Cit of LUBBOCK City , Texas, this 25th day of August , at LUBBOCK Texas. City Se retary o e ity o LUBBOCK jss . Texas