HomeMy WebLinkAboutRES 88-220 A
NO
2�7
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute
a blanket agreement with the State Department of Highways and
Public Transportation for the operation and maintenance of
signals on controlled access highways, substantially in the form
attached hereto as Exhibit "A. "
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the Z day of �.� 1 988.
Mayor -
THE STATE OF TEXAS I
THE COUNTY OF TRAVIS 1
AGREEMENT FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF
TRAFFIC SIGNALS WITHIN MUNICIPALITY
This AGREEMENT, made by and through the State of Texas, acting
by and through the State Department of Highways and Public
Transportation, hereinafter called the "State" , and the City of
hereinafter called the "City" , acting by and
through its duly authorized officers as evidenced by an Ordinance/
Resolution No. , passed the day of , 19_,
hereinafter incorporated by reference.
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 City has authorized the State to
maintain certain highways within the City; and
WHEREAS, from time to time the City requests the State to install
highway traffic signals on such highways; and
WHEREAS, on the 27th day of May, 1987 , the State Highway and
Public Transportation Commission passed Commission Minute Order No.
85777 adopting rules codified under Title 43 , Texas Administrator
Code (TAC) Section 25.5 authorizing the State to install, operate
and maintain highway traffic signals on: (a) highway routes not
designated as full control of- access inside the corporate limits of
cities, having a population less than 50 ,000 ( latest Federal Census ) ;
and (b) highways designated as full control of access in all cities ;
and
S, the City has a population of over/less than 50 , 000
population according to the latest Federal Census; and
WHEREAS, the City requests and agrees to be responsible for all
expenses incurred for furnishing power to, and maintaining and
operating highway traffic signals within the City.
A G R E E M E N T
NON, ?HERE1rORE, 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:
Agreement (Traffic Signal Type!) ( City Maintenance)
EXHIBIT "A" 06/88
1 . This -Agreement shall apply to all existing highway traffic
signal systems shown on EXHIBIT I .
2 . This Agreement shall also apply to all highway traffic signal
installations and/or modernizations approved by both the State and
the City, the City' s approval being indicated by signature of the
on the plan title sheet.
3 . The State will furnish the necessary funds for the actual
construction, prepare plans and specifications, install and/or
modernize said highway traffic signal( s ) and supervise construction.
4 . 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.
5. The City will operate and maintain the highway traffic
signal(s) at their expense upon completion of the installation( s )
by the State.
6. The City will pay all power costs for operating the highway
traffic signal(s) , including all power necessary for installation
and testing of the highway traffic signals prior to completion of
the installation by the State.
7 . The City will obtain approval of the State Department of
Highways and Public Transportation before making any changes in the
design of operation and timing of the highway traffic signal( s) or
before removing any part of the installation(s) .
8 . The .City will return any and all parts of said state 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.
9. The City will be responsible for the police enforcement
required for securing obedience to the highway traffic signal(s ) .
10 . In the event the highway traffic signal(s) installed in
accordance with this Agreement become unnecessary or are removed
for any reason, this Agreement on those signals shall terminate.
11 . To the extent permitted by law, the City shall indemnify
and save harmless the State, its agents, officers or employees, from
all suits , actions or claims and from all liability and damages for
any and all injuries or damages sustained by any person or property
in consequence of any neglect in the performance, or failure of
performance of the City, its agents, officers and employees under
this Agreement.
12. The State will not incur any financial obligation to the City
as a result of this Agreement.
Agreement (Traffic Signal Type-M) (City Maintenance)
Pago 2 of 4 06/88
r
13 . A. This agreement may be terminated by any of the
following conditions :
(1 ) By mutual agreement and consent of both parties .
(2) By the State upon thirty ( 30 ) days written notice to
the City for failure of the City to provide adequate
maintenance and operation services for those highway
traffic signal installations which the City° has agreed
to maintain and operate.
(3 ) By the City upon one hundred and twenty (120 ) days
written notice to the State.
B. In the event this agreement is terminated by any of
the above conditions, the power, and maintenance and
operation of the highway traffic signal systems shall
become the responsibility of the State. Any state owned
equipment being held by the City shall be promptly
returned to the State upon termination of this
agreement.
Agreement (Traffic Signal Type-M) (City Maintenance)
Page 3 of 4 06/88
IN WITNESS WHEREOF, the State and the City have signed duplicate
counterparts of the agreement.
THE CITY OF THE STATE OF TEXAS
BY: Executed for the State Engineer
Director and approved for the
State Highway and Public Trans-
Typed Name portation Commission under the
authority of Minute Order 82513
and Administrative Order 32-87 ,
Title for the purpose and effect of
activating and/or carrying out
the orders, establishing
Date policies or work programs here-
tofore approved and authorized
by the State Highway and Public
Transportation Commission .
ATTEST: BY:
Signature _
City Secretary Bob G. Hodge, Chief Engineer
of Safety & Maintenance
Operations
Date
Agreement (Traffic Signal Type-M) (City Maintenance-)
Rage 4 of 4 06/88
EXHIBIT I
LOCATIONS
CITY OF BEAUMONT
IH 10 frontage roads at Gulf Street
IH 10 frontage roads at 11th Street
IH 10 frontage roads at Harrison Street
IH 10 frontage roads at North Street
IH 10 frontage roads at Calder Avenue
IH 10 west frontage road at Laurel Street
IH 10 frontage roads at US 90 ( College Street)
IH 10 frontage roads at Washington Boulevard
US 69 _frontage roads at Dowlen Road
US 69 frontage roads at Lucas Drive
US 69 frontage roads at Delaware Street
US 69 frontage roads at SH 124
US 69 frontage roads at Spur 380 (M. L. King Parkway)
Agreement (Traffic Signal-Type M) (City Maintenance)