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Home My WebLink AboutRES 80-24RESOLUTION NO.80-24 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, TO ENTER INTO INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE MAINTENANCE OF HIGHWAYS U.S. 60 AND S.R. 88 AND AUTHO RIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT: WHEREAS, there is a need to provide regular routine maintenance along and within the major highway transportation corridors of the City of Apache Junction. WHEREAS, the City is determined to provide safe transportation corri- dors to the citizens of Apache Junction and the general public. WHEREAS, the City desires to enhance its image, to reflect its pride in the community. WHEREAS, the attached agreement reflects joint participation by the City and State to achieve the aforementioned. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Apache Junction, that the City enter into an Intergovernmental Maintenance Agreement with -the State of Arizona acting by and through the Arizona Department of Transportation to be effective on being filed with the Secretary of State; BE IT FURTHER RESOLVED, that the City Manager of Apache Junction is authorized, empowered and directed to execute said agreement on behalf of the City. PASSED this 20th day of August 1980 by the Mayor and City Council of the City of Apache JunctigmArizona. ATTEST: City Clerk APPROVED AS TO FORM: Attorney Mayor/4 -441:4 c c INTERGOVERNMENTAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT, entered into pursuant to Arizona Revised Statutes, Section 11-951 through 11-954, as amended, by and between the STATE OF ARIZONA, acting by and through the ARIZONA DEPARTMENT OF TRANSPORTATION, hereinafter called "STATE", and the CITY OF APACHE JUNCTION, a municipal corpora- tion hereinafter called "CITY". WHEREAS, the STATE is empowered by Arizona Revised Statutes Section 28-108 to enter into this Agreement and the Director of the Arizona Department of Transportation has delegated to the undersigned his authorization to execute this Agreement on behalf of the STATE; WHEREAS, the CITY is empowered by Arizona Revised Statutes Section 9-672, to enter into this Agreement, and acting by and through its duly elected governing body, has by that certain resolution attached hereto and incorporated herein as Exhibit "A" resolved to enter into this Agreement and has authorized the undersigned as its representative to execute the same on behalf of said CITY. Attached to this Agreement and incorporated herein by reference as Exhibit "B" is a copy of the written determina- tion of the appropriate attorney that the CITY is authorized under the law of this State to enter into this Agreement and that it is in proper form. WHEREAS, it is to the mutual benefit of the STATE and the CITY to enter into an agreement covering the maintenance of these certain State Highways known as U. S. 60 and S. R. 88 which are State Highways of the STATE OF ARIZONA and which traverse the said CITY OF APACHE JUNCTION over those certain streets which form the necessary and convenient links for the connection of sections of the aforesaid State Highways and for carrying of such State Highways through said CITY, as more particularly set forth upon the map attached hereto and marked Exhibit "C", and by reference made a part hereof. NOW, THEREFORE, in consideration of the mutual covenants hereinafter to be kept by all parties, it is mutually agreed as follows: 1.The CITY shall set aside sufficient funds to accomplish the maintenance responsibilities set forth in this agreement. 2.The STATE shall set aside sufficient funds to accomplish the maintenance and betterment respon- sibilities within the CITY as set forth by this agreement. 2 3.That the STATE, acting by and through its Department of Transportation shall, except as otherwise expressly provided in this agreement, have jurisdiction and control over and be res- ponsible for the maintenance and any needed betterments of the highways as delineated upon the map attached hereto and marked Exhibit "C", said jurisdiction, control and responsibility to include: a .Betterment of reconstruction of roadway, curbs, sidewalks, medians and channelization. b.Bridges and drainage. C.Guardrails and fences. d.Transportation permits, such as overweight, overwidth, and over- height as prescribed by law. e.Routine maintenance of roadway, median and curb. f.Permits for highway right of way encroachments and use. g.Removal of snow, sand, rock and other debris caused by slides or other causes. h.Traffic control devices, including approved crosswalks, signs, striping and curb marking (except street name). 4.That the CITY shall, except as otherwise expressly provided in this agreement have jurisdiction and control over routine maintenance of: 3 a.Sidewalks b.Sprinkling C .Electrical devices, including but not limited to traffic signals and inter- section lighting, will be covered by separate agreement and will be governed by that agreement. d.Street name signs. e.Routine sweeping and cleaning of roadway, curb and median. f.Parking signs. 5.That the CITY shall not allow snow, sand, rocks or other hazardous debris to be dozed or swept onto State Highways, except as might occur tempor- arily during normal maintenance of intersecting streets. 6.That the regulations as set forth on the "Authorized Position of Advertising Signs Along State Highway Right of Way" shall be adhered to as a minimum by the CITY.A copy of said regula- tions is attached hereto and marked Exhibit "D", and by reference made a part hereof. 7.That the CITY shall furnish adequate evidence of full liability and property damage insurance on all employees engaged in performing duties here- tofore agreed to on the State Highway right of way. The CITY will maintain the insurance for the period of this agreement.A copy of the policy is attached hereto and marked Exhibit "E" and by reference made a part hereof. 4 8.That the CITY will provide traffic control in accordance with the Arizona Department of Transportation Traffic Control Manual for Highway Construction and Maintenance during all maintenance operations by the CITY on the State Highway right of way. 9.Al]. work performed under the provisions of this agreement shall be performed in a manner satis- factory to the Department of Transportation. 10.It is understood that this Agreement will cancel and supersede any previous Agreements for street maintenance, and betterment on those State Highways which traverse within the boundaries of the CITY. 11.This Agreement shall be filed with the Secretary of State and shall become effective on the 1st day of January, 1980, but in no event prior to its being filed with the Secretary of State. 12.It is understood that this Agreement may be amended, or supplemented, by mutual consent of the parties hereto at any time with all other conditions set forth remaining in effect. 13.This Agreement shall remain in force and effect until midnight December 31, 1980, and shall there- after be automatically renewed for successive periods of one (1) year, unless either party shall give notice in writing to the other not less than one (1) month nor more than three (3) months prior to the initial expiration date, or of any renewal date hereof, cancelling said Agreement.In event of such notification and upon expiration of the term during which notice is given, this Agreement shall thereupon become of no further force and effect. 14.It is understood that upon the termination of this Agreement for any cause whatsoever, all properties which are the subject matter of this Agreement are declared to be property of the Arizona Department of Transportation. 15.Any disposal of properties subject to this Agree- ment shall be in a manner as otherwise prescribed by law concerning the disposal of public property. 16.All parties are hereby put on notice that this Agreement is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. 6 um, XI C ; I I H X S l'•CP•1 a 2 12' -Cf.MAX.21 7t I ICNJ Sign or Awning 1-F1"1,ZI 8'41 MA.Y.121.- Su n nr A.ntn4 17 Aelitor ftIxz PSILI:CD ft17.S •A r•rntt I .f Rvo.tr...1 for all entreat ol..• ev•rn•nillrt • tini •,ortrrr•TN• • •"d " •nJ •urntnAs •re r .(.r.to rurSte.urh•n 'ocelot,.for o n or,alor •J ......in..• 2.sio ..... n•lly‘o or•0110sced on •ov Intyrat•t•n r nl•hu•v rlehts r t Slin•on rrO nr.0.0,•,11 vIthin 01(4.1,:•v kb; i n urb•n &&&&&•rr pat-quad to•this s:•nd.rd. 3.stotne with vurds "Stre."tin...down",Cc.or slqro sinlior in 1`.(7 ,t or t..Inr tt 1.1 r•(( It • lan•on not pernitt•d. 4.Length*nf D ;no sn.1 mooing,•••y s.•r.• • Plow%except where Cit.or County orating proold•brut l•r 04010aora. 5.Illumfn•trd •1 Ana att•chrd to •.nulldin• facing th•R are pornItt•d • •shown. 6.An outdocr •dv•rtittn•p•rolt (11 1.4,quired for off prem.'s.Signs. 7.Ground supcor r d nr pOrt•hl•11(0n•sh•11 not b•pieced within any rlitht of way ..... 0,01.••0...05:v(0 •5 •005 I CEPARTME%T •T.;:..V.PCnitaiON Cr•T•Sa04 P"_ 1 puuu:str..i.a.A.rums ••., POR SIGHS AN1)Avytics ' Exhibit "D" r• 'wHOSONG ST 121 _IVINCSONE .:ST • Ivo CONCH()ST ; _vd_ TOOTHS .ST al I.a E.Tar a _ a 1 8 TEPEE 1 7 :s-I •-T L ,pAw„,DE ST !a l _n o g._____J .;;;SHIP _ROCK _SI ; .• I .24•1.,:••• 10 St !!„I a al ROLIwOuo_I ___ ____sr _1 •atr - a S I VOOHNISP,R0 '1." 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