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HomeMy WebLinkAboutRES 86-46RESOLUTION NO.86-46 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,SETTING FORTH ITS INTENT TO APPROVE THE INTERGOVERNMENTAL AGREE— MENT BETWEEN THE COUNTY OF MARICOPA AND THE CITY OF APACHE JUNCTION FOR THE INSTALLATION OF TRAFFIC SIGNALS AT BROADWAY AVENUE AND MERIDIAN DRIVE, AND AUTHORIZING THE EXPENDITURE OF $15,000 FOR THE CITY'S SHARE OF CON— STRUCTION COSTS AND APPROVAL OF PAYMENT OF MONTHLY ELECTRICAL CHARGES FOR SAID INSTALLATION. WHEREAS the City believes i t is in the best interest for the public safety and welfare to construct traffic signals in the location of Broadway Avenue and Meridian Drive;and WHEREAS Maricopa County has tendered an intergovernmental agreement with the City's share for construction costs to be $15,000 with the City of Apache Junction incurring monthly electrical charges when traffic signal is activated; NOW,THEREFORE,BE IT RESOLVED that the City of Apache Junction,Arizona, approve and accept the construction intergovernmental agreement between the County of Maricopa and the City of Apache Junction, PASSED this 6th day of January 19 87 ,by the Mayor and City Council of the City of Apache Junction,Arizona. SIGNED AND ATTESTED TO THIS 7TH DAY OF JANUARY •19 87 • ATTEST: Kathleen Connelly,City Cler APPROVED AS TO FORM: rr\t, .AUdiAAL;, Alex and ity Attorney Norman S.Hill,Mayor INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND CITY OF APACHE JUNCTION THIS AGREEMENT, entered into this day of 19_, pursuant to Arizona Revised Statutes Sections 11-951 through 11-954, by and between Maricopa COUNTY, a political subdivision of the State of Arizona, hereinafter referred to as "COUNTY" and the'CITY of Apache Junction, a municipal corporation, hereinafter referred to as "CITY." WHEREAS, for the safety, protection and convenience of the traveling public, it is necessary and desirable that an Agreement be entered into for the construction, operation and maintenance of -a -traffic signal system at the intersection of Broadway Road and Meridian Road; and WHEREAS, the parties hereto desire to cooperate in the operation and management of the signal system in the manner hereinafter stated; and WHEREAS, the CITY has authority to enter into this Agreement pursuant to Arizona Revised Statutes Section 9-240 and WHEREAS, the COUNTY has authority to enter into this agreement pursuant to Arizona Revised Statutes Sections 11-251 and 18-201 et seq., NOW, THEREFORE, in consideration of the convenants hereinafter set forth, the parties agree as follows: 1.The COUNTY shall: a.Prepare all drawings and specifications necessary for installation of said improvement. b .Make the installation of the above ground portions of the said improvement and furnish material, labor and equipment to the value of one-half signalization costs. c.Operate and provide routine maintenance on the aforementioned improvement until such time, by mutual 2.The CITY shall: a.Reimburse the Maricopa COUNTY Highway Department in materials,traffic signal equipment or money for said improvements, with costs not to exceed $15,000 or one-half the cost of installation whichever is less.Payment to be sent 30 days of notification of project completion (signal turn -on). -b.Furnish and pay monthly electrical charges for the traffic signal and luminaires. c.In future major CITY initiated construction projects on the COUNTY system at this Intersection the project plan shall include all details for the relocation and/or modification of any or all signal and/or illumination equipment, and such plans shall be submitted to the COUNTY for its approval.All costs of such work shall be at the CITY's expense. 3.The COUNTY agrees to indemnify, save harmless and defend the CITY from all suits, actions or claims of any character brought against the CITY because of any injury or damage to any person or property caused by the COUNTY in any of its activities or performance under this contract. The CITY agrees to indemnify, save harmless and defend the COUNTY from all suits, actions or claims of any character brought against the COUNTY because of any injury or damage to any person or property caused by the CITY in any of its activities or performance under this Agreement. written agreement, it is no longer necessary or desirable, or until relieved of responsibility by annexation. d.Permit the CITY or its authorized agent to inspect all equipment installed on the CITY right-of-way. e.Furnish all labor, tools and construction equipment necessary to replace damaged or defective materials and apparatus, and when deemed necessary and with the approval of the CITY, install additional apparatus as may be required on the CITY right-of-way. f.Provide sufficient funds each year necessary for the complete maintenance of the said installation. g.Keep detailed maintenance records. h.In the event of any future COUNTY initiated construction projects involving the above -referenced intersection, the project plans shall include all details for the relocation and/or modification of any or all signal and/or illumination equipment within the CITY and such plans shall be submitted to the CITY for approval.All costs of this work shall be at the COUNTY's expense. i.Any proposed modifications of traffic signals and/or highway lighting located on the CITY street shall be based on and supported by traffic studies. All proposed modifications shall be submitted to the CITY for approval. J.Assume full responsibility for the installation of temporary traffic control devices, public safety and convenience during construction of this facility. k.COUNTY funds for the construction, maintenance and operation of this traffic signal shall come from budgeted Highway Department revenues.All major materials will be purchased through competitive bidding. 4.It is understood by both parties hereto 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 COUNTY,unless annexed by the CITY. 5.This Agreement shall become effective as of the date it is filed with the Maricopa COUNTY Recorder pursuant to Arizona Revised Statutes Section 11-952, and remain in full force and effect until one of the parties terminates the agreement.Termination shall be made by giving the other party written notice no less than thirty days prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement f-this day of , 19_. MARICOPA COUNTY BOARD OF SUPERVISORS CITY OF APACHE JUNCTION By By Chairman, Board of Supervisors CITY Manager ATTEST:ATTEST: By By Clerk, Board of Supervisors CITY Clerk The foregoing Agreement has been reviewed by the undersigned Attorneys who have determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona. DATED this day of , 19 . CITY Attorney DATED this day of , 19 . Deputy uOutax Attorney