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HomeMy WebLinkAboutR-483-12-83RESOLUTION NO. 483-12-83(R) A RESOLUTION OF THE CITY COUNCIL, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ALLEN AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION REGARDING THE INSTALLATION, OPERATION, AND MAINTENANCE OF A TRAFFIC SIGNAL WITHIN THE CITY OF ALLEN. WHEREAS, the City of Allen is desirous of having a traffic signal installed at the intersection of State Highway 5 and Bethay Road; and, WHEREAS, the City of Allen has requested that the State Department of Highways and Public Transportation make such an installation; and, WHEREAS, in accordance with Texas State Highway Commission Minute Order 70179, the State Department of Highways and Public Transportation has the authority to install, operate and maintain traffic signals in cities of 15,000 population or less, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, Section 1. The Mayor of the City of Allen is hereby authorized to execute an agreement between the City of Allen and the State Department of Highways and Public Transportation setting out the terms and conditions for the installation, operation and maintenance of a traffic signal at the inter- section of State Highway 5 and Bethany Road within the City of Allen, Texas. Section 2. The City Secretary is directed to provide a certified copy of this Resolution as an attachment to the executed agreements. PASSED AND APPROVED THIS THE 15TH DAY OF DECEMBER, 1983. APPROVED: B. Pierson, MAYOR ATTEST: Marty Hendrix, 61 TY SECRETARY Attachment to Resolution No. 483-12-83(R) STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, dated this 20th day of December , 19 83, by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of Allen , Collin County, Texas, acting by and through its duly authorized officers under an Ordinance/Resolution, passed 1 hereinafter called the "City," Part of the the 15thday of December 9 83. � Y� Y 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 a Municipal Maintenance Agreement entered into by the City and the State, the State has been authorized to maintain certain highway routes within the City; and WHEREAS, from time to time the City has requested the State to install traffic signals on certain highways within the City; and WHEREAS, the State under the provisions of Minute Order 70179, dated July 31, a 1975, has authority to install, maintain and operate traffic signals when requested to do so in cities of 15,000 population or less according to the lastest Federal Census; and WHEREAS, the City has a population of less than 15,000 according to the latest Federal Census; 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: :y AGREEMENT (TRAFFIC SIGNAL - TYPE 8) 2-82 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 of the City of Allen, Texas on the plan title sheet for such installation. Highway traffic signal installations made a part of this agreement shall contain on the title sheet the following statement: "The City hereby consents to the construction of this highway traffic signal as to location and manner of construction as indicated ' on these` plans, said installation being a part of "Agreement (Traffic Signal - Type B), dated December 20, 1983 ." 2. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signal(s), supervise construction, and upon completion of construction, will furnish the power and operate and maintain said highway traffic signal(s). 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 exercise no control whatsoever over the operation, maintenance, use or existence of the highway traffic signal(s) 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 signal(s) as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 6. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 7. In the event the signal(s) installed in accordance with this Agreement become unnecessary or are removed for any reason, this agreement shall terminate. AGREEMENT (TRAFFIC SIGNAL - TYPE B) 2-82 A Attachment to Resolution NO. 483-12-83(R) 8. Indemnification The City agrees to endemnify 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 tindemnify 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. ' 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. go 9. The department will not incur any financial obligation to the city as a result of this agreement. AGREEMENT (TRAFFIC SIGNAL - TYPE E) 3-4 2-82 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 20th day of December 19 83 C ATTEST: MBy: Secretary foCit6 of Allen, Texal Mayor of Allen, Texas Marty Hendrix M. B. Pierson AGREEMENT (TRAFFIC SIGNAL - TYPE B) STATE OF TEXAS 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: day of 19 Chief Engineer of Safety and Maintenance Operations i 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 Engineer 4-4 2-82