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HomeMy WebLinkAboutResolution 2001-047 RESOLUTION NO. 2001-047 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The attached Agreement with the State of Texas be, and is hereby, approved. "" ¿. The Mayor is authorized to execute said Agreement as the act and deed of the City. PASSED AND APPROVED this 2ih day of August, 2001. APPROVED: ,.~' T ¡'l.e' APPROVED AS TO FORM AND LEGALITY: / Re~McEntire, City Attorney ii, Ii ,7 ¿/\~ I/~ ~Æ· ...~"\ J ,! / ~ --_u_ ( ,,/'1'- /~ APPROVED AS TO CONTENT: ( ,+-. , ...., .!;I;:·~~- \ (" t ) \ Mike èùrtis,'P.E.·, Public Works Director AGREEMENT FOR CITY TO ASSUME OPERATION AND MAINTENANCE OF EXISTING SIGNALS WHEN ANNEXED BY CITY OVER 50,000 POPULATION OR CITY GROWS TO OVER 50,000 POPULATION >1"""'''..... /("''0- i ~,~::) >ô) /(S\ t,~~::!J Ir~ )~;::; (j STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT, dated this ~L day of þ.. u ~ l-Ù)+ 2001, by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," party of the first part; and the City of North Richland Hills Tarrant County, Texas, actin!] by and through its duly authorized officers under an Ordinance/Resolution, passed the ;)1 day of AU4u>0 2001, hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties. WHEREAS, there are highway traffic signals in place at the locations shown on EXHIBIT 1, attached hereto and made a part hereof; said highway traffic signals having been installed, operated, and maintained by the State at a time when said locations were not within the corporate limits of a City of 50,000 population or over; and WHEREAS, said locations are now within the corporate limits of a City of 50,000 population or over; and WHEREAS, the State under the provisions of Title 43, Texas Administrative Code, Section 25.5, has authority to install, operate and maintain traffic signals on freeway type highways in all cities and on other highway routes in cities of less than 50,000 population (latest Federal Census); and Agreement (Traffic Signals) Page 1 of 5 WHEREAS, the City has requested the State to leave the highway traffic signals in place at the locations shown on EXHIBIT I and has authorized the continued existence, use, operation, and maintenance of the highway traffic signals by Ordinance/ Resolution passed on the ~l day of PI v tf ~-\: ,2001. AGREEMENT 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: 1. The State will leave the highway traffic signals in place at the locations shown on EXHIBIT 1. 2. For locations listed on EXHIBIT 1 as non-freeway locations: 2.1. The City will operate and maintain the signals at their expense, 2.2. The City will pay all power costs for operating the signals. 2.3. The City shall be the responsible authority to make 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. 2.4. The City will return any and all parts of said highway traffic signal installations to the State should 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, 2.5. The City acknowledges that it is not an agent, servant, or employee of the State, and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. Agreement (Traffic Signals) Page 2 of 5 3. For location(s) listed on EXHIBIT 1 as freeway locations: 3.1. The State will operate and maintain the signals at its expense. 3.2. The State will pay all power costs for operating the signals. 3.3. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of the highway traffic signals without written authority from the Texas Department of Transportation. 3.4. 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. 4. General conditions for all locations shown on EXHIBIT 1. 4.1. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signals. 4.2. In the event the signal installations covered by this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate. 4.3. The State will not incur any fiinancial obligation to the City as a result of this Agreement. 4.4. Any changes in the provisions of this Agreement or obligations of the parties hereto shall be enacted by a written amendment executed by both the State and the City. 4.5. In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision bad Agreement (Traffic Signals) Page 3 of 5 never been contained herein 4.6. All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation City: Director of Public Works 7301 Northeast Loop 820 North Richland Hills, Texas 7'6180 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 4.7. This Agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown below. Executed on behalf of the City, this _~ day of A l,..( Cf V-»1 ,2001. CITY OF NORTH RICHLAND HILLS, TEXAS AF'PROVED: ~t/~ ~D~~~~- Charles coma, Mayor ' Agreement (Traffic Signals) Page 4 of 5 ATTEST: Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission this day of , 2001. THE STATE OF TEXAS APPROVED: By: District Engineer District Agreement (Traffic Signals) Page 5 of 5 RESOLUTION NO. 2001-047 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The attached Agreement with the State of Texas be, and is hereby, approved. 2. The Mayor is authorized to execute said Agreement as the act and deed of the City. PASSED AND APPROVED this 2yth day of August, 2001. APPROVED: . ~ 1", ,; , , ;\ . " ì ~t ~,1. ~\ y~' 1 1¿~'-· Charles Scoma, M 'lor APPROVED AS TO FORM AND LEGALITY: II. ,~ q / .\ , "f'Y\ )'~ ·/¿;,·t~> .. -- /tJ Re~·McEntire, City Attorney APPROVED AS TO CONTENT: ¡ ,. (: +-, ," \,:,{\ ("l,' Mfke èùrtis,'P.E.", Public Works Director AGREEMENT FOR CITY TO ASSUME OPERATION AND MAINTENANCE OF EXISTING SIGNALS WHEN ANNEXED BY CITY OVER 50,000 POPULATION OR CITY GROWS TO OVER 50,000 POPULATION (F~ "::) ~ö~2 (~d) !ì':!.I " v';';' / ; STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT, dated this ~L day of p., u ~ l»)+ 2001, by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," party of the first part; and the City of North Richland Hills Tarrant County, Texas, actin~~ by and through its duly authorized officers under an Ordinance/Resolution, passed the ;:).1 day of AUtfu>9 2001, hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties. WHEREAS, there are highway traffic signals in place at the locations shown on EXHIBIT 1, attached hereto and made a part hereof; said highway traffic signals having been installed, operated, and maintained by the State at a time when said locations were not within the corporate limits of a City of 50,000 population or over; and WHEREAS, said locations are now within the corporate limits of a City of 50,000 population or over; and WHEREAS, the State under the provisions of Title 43, Texas Administrative Code, Section 25.5, has authority to install, operate and maintain traffic signals on freeway type highways in all cities and on other highway routes in cities of less than 50,000 population (latest Federal Census); and Agreement (Traffic Signals) Page 1 of 5 WHEREAS, the City has requested the State to leave the highway traffic signals in place at the locations shown on EXHIBIT I and has authorized the continued existence, use, operation, and maintenance of the highway traffic signals by Ordinance/ Resolution passed on the ;)./ day of 1; v tf ~-\: ,2001. AGREEMENT 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: 1. The State will leave the highway traffic signals in place at the locations shown on EXHIBIT 1. 2. For locations listed on EXHIBIT 1 as non-freeway locations: 2.1. The City will operate and maintain the signals at their expense. 2.2. The City will pay all power costs for operating the signals. 2.3. The City shall be the responsible authority to make 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. 2.4. The City will return any and all parts of said highway traffic signal installations to the State should 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. 2.5. The City acknowledges that it is not an agent, servant, or employee of the State, and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. Agreement (Traffic Signals) Page 2 of 5 3. For location(s) listed on EXHIBIT 1 as freeway locations: 3.1. The State will operate and maintain the signals at its expense. 3.2. The State will pay all power costs for operating the signals. 3,3. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of the highway traffic signals without written authority from the Texas Department of Transportation. 3.4. 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. 4. General conditions for all locations shown on EXHIBIT 1. 4.1. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signals. 4.2. In the event the signal installations covered by this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate. 4.3. The State will not incur any financial obligation to the City as a result of this Agreement. 4.4. Any changes in the provisions of this Agreement or obligations of the parties hereto shall be enacted by a written amendment executed by both the State and the City. 4.5. In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision bad Agreement (Traffic Signals) Page 3 of 5 never been contained herein 4.6. All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation City: Director of Public Works 7301 Northeast Loop 820 North Richland Hills, Texas 76180 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 4.7. This Agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown below. Executed on behalf of the City, this _ ~l day of A là ct l..0>1 ,2001. CITY OF NORTH RICHLAND HILLS, TEXAS AFJPROVED: "l)-~::~,-" Agreement (Traffic Signals) Page 4 of 5 ATTEST: f!E?2tu . (ù\dl~lA" ¿,' ~~""""'.-':'!IU ""'ø;- , "I» ø;- . ~ , * 1;../ \ ,~' :. ~ : Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission this day of ,2001. THE STATE OF TEXAS APPROVED: By: District Engineer District Agreement (Traffic Signals) Page 5 of 5 EXHIBIT 1 LOCA TIONS N. RICHLAND HILLS SIGNALS ON THE STATE SYSTEM (NON-FREEWAY) 1) SH 26 (Grapevine Hwy,) with Rufe Snow 2) SH 26 (Grapevine Hwy,) with Vance 3) SH 26 (Grapevine HViY) with GlenviewlBlaney 4) SH 26 (Grapevine Hwy.) with Road to the Mall (Formerly Edison) 5) SH 26 (Grapevine Bwy,) with Rodger Line 6) SH 26 (Grapevine Hwy.) with Strummer 7) SH 26 (Grapevine Hwy.) with Harwood (ex, signal sched, to be re-built-Letting Mar" 2001) 8) SH 26 (Grapevine Hwy,) \vith Emerald Hills Way 9) SH 26 (Grapevine Hwy,) with TCJC Nt Campus/NRH20 10) SH 26 (Grapevine Hwy,) with CardinaL/Cannon (Proposed Signal- City Contract) 11) FM 1938 (Davis Blvd,) with Maple\vood 12)FM 1938 (Davis Blvd.) with Lola and Harwood (ex. signal to be re-built-Letting Mar, 2001) 13) FM 1938 (Davis Blvd,) with Emerald Hills Way 14) FM 1938 (Davis Blvd.) with Bridge St. (prop. Signal to be installed by the City ofNRH) 15)FM 1938 (Davis Blvd.) with N. Richland Blvd./Mockingbird (new signal Letting Mar, 2001) 16) FM 1938 (Davis Blvd.) with College Circle 17)FM 1938 (Davis Blvd.) with NEd-Cities Blvd. 18) FM 1938 (Davis Blvd.) with Main Street 19) FN11938 (Davis Blvd,) with RumfÏeldJStames 20) FM 1938 (Davis Blvd.) with N. Tarrant Park-way 21) FM 1938 (Davis Blvd,) with FM 3029 (Precinct Line Rd,)(New signal Let Nov" 2000) 22)FM 3029 (Precinct Line Rd.) with N. Tarrant Parkway 23) FM 3029 (Precinct Line Rd,) with Glade Rd, (Sched. to Let Dec. 2001- problems with RR) 24) FM 3029 (Precinct Line Rd.) with Martin Rd. 25) FM 3029 (Precinct Line Rd,) with ~f.id-Cities 26) FM 3029 (precinct Line Rd.) Near Martin (School Zone Flashers N-B and S-B) 27)FM 1938 (Davis Blvd,) at Main Street (School Zone Flashers N-B and S-B) 28) SH 121-183 with Bedford Euless Rd,/Pier One FREE\VA Y (will continue to be maintained by TxDOT) 29) IH 820 (Ftg Rds) with SH 26 (Grapevine Hwy.) 30) IH 820 (Ftg Rds) with Holiday Lane 31) IH 820 (Ftg Rds) with Rufe Snow 32) IH 820 (W-B Ftg Rd) with Industrial (currently under contract - City Contract) 33) SH 26 (Grapevine Hwy.) with FM 1938 (Davis Blvd.)/Bedford Euless Rd.( TxDOT will continue to maintain due to close proximity to ill 820 and SH 26 - coordination) EXHIBIT 1