HomeMy WebLinkAboutResolution - 1094 - Agreement - State Of Texas - Urban Traffic Operations Program - 05/13/1982SMH:da
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RESOLUTION 1094 - 5/13/82
SEE: Resolution 6/25/70
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF LUBBOCK AND THE STATE OF TEXAS.
WHEREAS, by virtue of Municipal Construction and Maintenance Agreements
dated the 17th day of July, 1970 and the 18th day of March, 1974, entered into
by the City and the State, and in accordance with Minute Order 65187 dated the
5th day of August, 1971, an Urban Traffic Operations Program to Increase Capa-
city and Safety was subsequently completed to modernize certain traffic signals
and install an electronic traffic control system; and
WHEREAS, the equipment is past its expected life, fully depreciated and
continued operation of the electronic traffic control system has been deter-
mined impractical, excessively expensive and functionally obsolete; NOW THERE-
FORE,
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
between the City of Lubbock and the State of Texas, 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 13th
ATTEST:
Evelyn Gafga, City Secre a Treasurer
APPROVED AS -TO CONTENT:
day of
B. H. McDaniel, Traffic Engineering Director
APPROVED AS TO FORM:
'/fi)'
a6r.)
Susan M. Horton, Assistant City Attorney
1982.
}�Y
RESOLUTION 1094 — 5/13/82
SEE: Resolution 6/25/70
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
This AGREEMENT, dated this lgth day of May , 19a2_, 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 Ordinance/Resolution passed the
25th day of June , 19 70 , 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, by virtue of Municipal Construction and Maintenance Agreements
dated the 17th day of July 1970 and the 18th day of March, 1974, entered into
by the City and the State, and in accordance with Minute Order 65187 dated the
5th day of August, 1971, an.Urban Traffic Operations program to Increase Capacity
and Safety was subsequently completed to modernize certain traffic signals and
install an electronic traffic control system; and
WHEREAS, the equipment is past its expected life, fully depreciated and
continued operation of the electronic traffic control system has been determined
impractical, excessively expensive and functionally obsolete.
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 respectively kept and performed as
hereinafter set forth, it is agreed as follows:
I. This Agreement voids the previous Agreements dated the 17th day of July,
1970 and the 18th day of March, 1974, relating to the electronic traffic
control system.
2. The City is hereby authorized to dispose of the electronic traffic control
system by open -market sales or any other method of any and/or all parts of
the system.
3. The City hereby agrees that any proceeds and/or benefits received from the
sale of any and/or all parts of the system shall be utilized to purchase
additional traffic signal equipment as needed by the City. No proceeds
shall be returned to the State.
4. The City agrees to indemnify the State against any and all damages and
claim for damages as a result of the removal of part or all of the elec-
tronic traffic control system or for the malfunctioning or failure of
operation of any equipment from which said electronic traffic control
components have been removed.
5. In the event this Agreement shall become in conflict with any future
Agreement with the City, this Agreement shall terminate.
6. The State will not incur any financial obligations to the City as a
result of this Agreement.
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 13thday of May
ATTEST:
Evelyn Ga ga, City c �tv
Treasurer
APPROVED AS TO CONTENT:
B. H. McDaniel
Traffic Engineering Director.
ALAN HENRY, YOR PRO
APPROVED AS TO FORM:
Ito.
Susan M. Horton
Assistant City Attorney
STATE OF TEXAS
1982 .
Certified as being executed for the purpose
andjeffect 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:
day of , 1982.
Chief Engineer of Safety & Maintenance Operation
Executed and approved for the State Highway
and Public Transportation Commission under
Authority of Commission Minute and
Administrative Order No..
RECOMMENDED FOR EXECUTION:
District Engineer