Res 2016-161/approving an agreement with the Texas Department of Transportation (TxDOT) providing for the City to maintain and operate traffic signals on state roadways with a reimbursement amount to the City of $149,232.96

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Contract No. 14-6SMM5001 STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY THIS AGREEMENT is made by and through the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," and the City of San Marcos , hereinafter call the "City," acting by and through its duly authorized officers, as evidenced by Resolution/Ordinance No. 2016-161 , executed on November 15. 2016 , hereinafter acknowledged by reference. WITNESSETH WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State on the 6th day of February, 1978,State has been authorized to maintain certain highway routes within the City; and WHEREAS, from time to time the City requests the State to install traffic signals on certain highways within the City; and WHEREAS, in accordance with Texas Administrative Code: Title 43 Texas Administrative Code Section 25.5, on the 27th day of May, 1987, the State Highway and Public Transportation Commission, now the Texas Transportation Commission, passed Commission Minute Order No. 85777, authorizing the State to install, operate, and maintain traffic signals on: (a) highway routes not designated as full control of access inside the corporate limits of cities, having a population less than 50,000 (latest Federal Census); and (b) highways designated as full control of access in all cities; and WHEREAS, the City has a population of less than 50,000 population according to the latest Federal Census (2010); and WHEREAS, the City requests the State to assume the installation, operation, and maintenance responsibilities of the signalized intersections as shown in EXHIBIT 1, attached hereto and made a part of this Agreement; and WHEREAS, the City agrees to maintain and operate the signalized intersections with the State reimbursing the City for all maintenance and operations costs at a flat rate per location as shown on EXHIBIT 3, attached hereto and made a part of this Agreement; and 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: Traffic-Traffic_TEA6 Page 1 of 4 Rev. 05/02/2008 Supplemental- Cost-Traffic Signal - Type R