HomeMy WebLinkAbout1984-10-01-R I
RESOLUTION # "-
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
OF THE CITY OF BATESVILLE, ARKANSAS , TO EXECUTE AN AGREEMENT WITH
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT WHEREBY
THE CITY OF BATESVILLE SHALL MAINTAIN ELECTRICAL TRAFFIC CONTROL
DEVICES AT THE INTERSECTIONS OF HIGHWAY #167 AND HIGHWAY #14 AND
HIGHWAY #167 AND HIGHWAY #25; AND FOR OTHER PURPOSES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE ,
ARKANSAS AS FOLLOWS:
Section 1: That the City Council of the City of Batesville,
Arkansas, hereby authorizes the Mayor and City Clerk of the City
of Batesville, Arkansas, to execute an agreement with The Arkansas
State Highway and Transportation Department whereby the City
agrees to maintain. certain Electrical Traffic Control Devices at
the intersections of Highway #167 and Highway #14 and Highway #167
and Highway #25 and whereby the State agrees to hold the City,
its agents, employees and officers free and harmless from any
and all damages or claims which may arise directly or indirectly
out of said agreement.
Section 2: That a copy of said agreement is attached hereto,
marked EXHIBIT "A" and made apart hereof as though fully set out
herein word for word.
I
ADOPTED this
day of Cb �✓ 1984.
APPROVED:
im Shirre 1 , Mayor
ATTEST:
tom/� 1•" /�"ll )
Larry Wil iams, City Clerk
i
I
AGREEMENT
This agreement made this 3 g.,�_ day of October, 1984 , by and
between the Arkansas State Highway and Transportation Department,
acting by and through authority vested in it by the State of
Arkansas and the Arkansas State Highway Commission, hereinafter
called STATE, and the City of Batesville, Arkansas hereinafter
called CITY, witnesseth:
1. That both the CITY and the STATE agree and stipulate
that they are authorized and have the capacity to enter into
this agreement.
2 . That the STATE anticipates that it will and intends to
install electrical traffic control devices at the intersection
of Highway 167 - Highway 14 - Highway 25 . After said installation
Cand construction by the STATE, the CITY agrees to provide under-
ground electrical power to the controllers for said traffic
control devices and to maintain said traffic control devices
installed by the STATE at said intersections at no cost to the
STATE. Said maintenance by the CITY shall be routine, day-to-
day maintenance consisting of furnishing electrical power,
changing bulbs and other like routine maintenance. The CITY
shall not in any way be responsible for any constructional main-
tenance or replacement of the system whether said maintenance
is required due to damage or obsolescence of the system.
3 . No modification to the traffic control device installa-
tion or changes in the controller dial settings, cycle length,
and operation of the traffic control device will be made without
approval from the STATE.
4. In as much as said traffic control devices are located
outside of the corporate limits of the CITY, the STATE shall
notify the CITY of any electrical or bulb failure.
5. The STATE covenants and agrees that it will hold the
CITY, its agents, employees or officers, free and harmless from
any and all damage or claims or court action arising directly
or indirectly due to this agreement or the CITY'S obligations
hereunder and whether said damage, claims or court action is a
result of acts or the failure to act on the part of the CITY or
its agents.
IN WITNESS WHEREOF, the CITY and the STATE, by their respec-
tive authorized agents, have set their hands and seals the day
and the year first above written, this agreement being executed
in duplicate form.
(W Arkansas S ate Highway and Transporation Department
BY:
Attest:
1 K . 10
City of Batesville
BY:
m Sherri 1, Mayor
Attest:
Larry Williams, City Clerk