R-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.
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9. The department will not incur any financial obligation to the city as a
result of this agreement.
AGREEMENT (TRAFFIC SIGNAL - TYPE E)
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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
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