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HomeMy WebLinkAboutRES 80-05RESOLUTION NO. 80-5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, TO ENTER INTO INTERGOVERNMENTAL MAINTENANCE AGREEMENT WITH THE STATE OF ARIZONA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; WHEREAS, the Mayor and Common Council of the City of Apache Junction find that the within Resolution is in the interest of the City of Apache Junction, NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the City of Apache Junction, that the City enter into a Intergovernmental Maintenance Agreement with the State of Arizona acting by and through the Arizona Department of Transportation to be effective on the 1st day of March,' 1980, but in no-event prior to being filed with the Secretary of State; BE IT FURTHER RESOLVED that the Mayor of the City of Apache Junction is authorized to execute said agreement on behalf of the City. PASSED AND ADOPTED by the Mayor and Common Council of the City of Apache Junction this 0 ,..)V 7 day ofo o4.v 4..,1980. ATTEST: e CITY CLERK APPROVED AS TO FORM: MAINTENANCE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMF'‘,T,entered into pursuant to Arizona Revised Statutes, Sectio- 11-951 througl,1-954, as amended, by and between the STATE OF ARIZONA, ac by and through the ARIZONA DEPARTMENT OF TRANSPORTATION, hereinafter called "STATE", and the CITY OF APACHE JUNCTION, 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 gov- erning 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; WHEREAS, for the safety and protection of the traveling public, it is necessary and desirable that certain operations and maintenance activities be provided on the State Highway System in the CITY.This work shall include, Sheet 1 but not be limited to the operation and maintenance of traffic signals and/or highway lighting at the following locations: US 60 and Ironwood Road 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 and be responsible for all electrical energ7 cr:ts to operate the traffic signals anu, r highway lighting. 2.The Srf.I.E shall set aside sufficient funds and be responsible for operations and maintenance exept electrical energy cost; the responsibility of the STATE includes moil: ly telephone charges for traffic signal interconnect circuits when utilized. 3.Any new insta.-tion or any betterment shall be based on a traffic engineering study, and the mutual involvements shall be negotiable. 4.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. 5.HIS AGREEMENT shall remain in force and effect until midn4,June 30, 1980, and shall thereafter 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 ex- piration 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. 6.It is understood that this Agreement will cancel and supersede any previous Agreements for installation, maintenance, and betterment of traffic signals and/or highway lighting on those State Highways which traverse within the boundaries of the CITY. Sheet 2 7.It is understood that the list of location(s) set forth in this Agreement may be added to, or have deletions made, by Letter Addendum Ex- hibit "C", with all other conditions set forth remaining in effect. 8.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. 9, Any a_3posal of propertis ,rubject to this Agreement shall be inc. manner as otherwise prescribed i.-.w concerning the disposal of public property. 10. This Agreement shall be filed with L. Secretary of State and shall become effective on the 1st day of Feb ry, 1980, but in no event prior to its being filed with the Secretary of State. 11. Attached to this Agreement anci ••.corporated herein by reference is Exhibit "B" which is a copy of the written determination of the appropriate attorney that the CITY is authorized under the laws of this State to enter into this Agreement and that it is in proper form. STATE OF ARIZONA ARIZONA DEPARTMENT OF TRANSPORTATION ATTEST: City Clerk Date: BY: Date: Chief Deputy State Engineer CITY OF APACHE JUNCTION By: Title: Date: Sheet 3 EXHIBIT "C" LETTER ADDENDUM In accordance with paragraph 7 of the Agreement for the operation and maintenance of traffic signals and/or highway lighting between the STATE OF ARIZONA and the CITY OF APACHE JUNCTION consummated on it I_ agreed by both parties that tilt. following intrset9 n(s) b added to, or deleted from, the existing list of intersections tk„ aL verated and maintat“ed as set forth i n said Agreement. IRONWOOD DRIVE AND U.S. 60, 80, 89 ATTEST: City Clerk Date Signed: STATE OF ARIZONA ARIZONA P-PARTMENT OF TRANSPORTATION By: Chief Deputy State Engineer CITY OF APACHE JUNCTION By: Title: