Res 2262 12/19/1978RESOLUTION NO. 4G
RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY
OF WICHITA FALLS AND DAYTON-HUDSON COtPANY, INC.
CONCERNING A TRAFFIC SIGNAL AT THE INTERSECTION
OF ELLIOTT STREET AND KEMP BOULEVARD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
That certain agreement, a copy of which is attached hereto,
between the City of Wichita Falls and Dayton-Hudson Company, Inc. ,
owner of Target Stores, providing for the construction, main-
tenance and operation of a traffic signal at the intersection
of Elliott Street and Kemp Boulevard, is hereby approved, and
the City Manager is authorized to execute the same for the City
of Wichita Falls.
PASSED AND APPROVED this the 19th day of December, 1978 .
M A Y O R
ATTEST:
City Clerk
AGREEMENT FOR CONSTRUC'T'ION,
MAINTENANCE AND OPERATIONION Oh
A TRAFFIC SIGNAL AT THE INTERSECTION
OF ELLIOTT STREET AT KEMP BOULEVARD
STATE OF TEXAS
COUNTY OF WICHITA
This agreement made this day of 19theTargetStores, a di.vi.3ion of Da by and betweenDayton-Hudson, a Minnesota corporation, hereinafterreferredtoasthe "Company", party of the first part, and the City of Wichita Falls, WichitaCounty, Texas, hereinafter referred to as the "City", party of the second part, acting byandthroughitsdulyauthorizedofficersunderaresolutionpassedthe _day of
WITNESSETH:
WHEREAS, Company has requested the City to construct, maintain, and operate a trafficsignalattheintersectionofElliottStreetandKempBoulevard, a description of which is •shown on EXHIBIT 1, attached hereto and made a part hereof, and hereinafter referred toasthe 'Intersection", and
WHEREAS, Company has made it known to the City that they desire to develop property onElliottStreetthatwillgeneratesufficienttraffictojustifytheoperationofatrafficsignalattheintersection, and
WHEREAS, the City has made it. known to Company that the City has developed a Transport-ation Plan and a listing of construction priorities that would dictate inlpaovements at otherintersectionspriortotheimprovementsdesiredattheintersectionthusct"P ying the desiredCompanyimprovementforaperiodofthreetofiveyears, and
WHEREAS, the Traffic Engineer, acting for and in behalf of the City Manager of the City,has made- it known to Company that the City will construct,- maintain, and operate a traffic •signal at the intersection, subject to the conditions and provisions stated herein, as providedforinResolutionNo,
WH EREAS, Company has made it known to the City that Company vould finance the construc-tion of a traffic signal at the intersection so that Company would be assured of cothecommencement ordinahnencementoftheirbusinessoperation
tion necessary to accommodate traffic olum s generated
operational
by ai d business operation.
ntersec-
NOW, THEREFORE, in consideration of the permises and of the mutual convenants andagreementsofthepartiesheretotobebythemrespectivelykeptandperformedasherein-after set forth, it is agreed as I:bilows:
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A. Project Authorization
The Company has requested and consented to finance the purchase of all traffic signalequipmentfortheintersection, and the City in constructing, maintaining, and operating thetrafficsignalizedintersectiondoessoatthespecialinstanceandrequestoftheCompany.
B. Definitions
The term "traffic signal equipment" as used herein shall corwtitute: (1) the trafficsignalcontroller - a six phase unit, (2) the traffic signal pate aiva t.rrrhrl_e a, (3) the trafficsignalheadassemblies, lame, and lenses, (4) traffic signal v le mast arms,the con-duit, multi-conductor cra'1; single wire,
5)
items of materials and parts insiallednfour the operation Hof t:he'ltzratraffic signal.
C.
miscellaneous
C. Construction lfesponsibi.lit:ies
The City will prepare or provide for the plans and spociti.catiens, ,advertise for bidsfortrafficsignalequipment, and provide for the construction.
All cost of construction except the cost of traffic signal equipment, will be bornebythe -City.
D. Installation, Maintenance and Operation Responsibilities
The Company hereby agrees to reimburse the City for the cost of all traffic signalequipmentinstalledbycityattheintersection.
The City hereby agrees to purchase necessary traffic signal equipment as shown onEstimatedCostSheet" identified:, as EXHIIBIT 2 attached heretoandtoinstall, operate, and maintain said equipment,
and made apart hereof,
The City will forward to the Company an itemized list and cost of ,all traffic signalequipmentinstalledattheintersectiontosupportitsclaimtotheCompanyforreimburse-ment.
E. Payment
All request by the City to Company for payment shall be .rrocer?ted by the City to Company. The City will maintain a system of records''neeessarydtorrsu -port and establish the eligibility,' of all claims for payment under the terms of this contract.
Company shall review and pay to City the total certified cost tar traffic signal equip-ment installed within 15 days of receipt of City's billing.
F. General
It is understood that:
1. The Company will not assume any implied or explicit contrui over the operation of thetrafficsignalbyacceptingthisagreementtofinancethepurchaseoftrafffr, signal equipmentfortheintersection.
2. The City will retain all ownership privileges of traffic signal equipment purchased underthisagreementandwilloperateandmaintaintheequipmentunderthestazrar.cis and appli-cable laws and codes of the State and City.
IN WITNESS WHEREOF, the parties have hereunto affixed their s'! naiiares, the CityofWichitaFalls, Texas on the day of
Company, 19 and the Dayton-HudsonInc.lne on the clay of is
City of Wichita Falls
Gerald
City Manager
ATTEST:
Wilma. J. Thomas
City Clerk
Approved As to Form:
lI. P. Hodge, Jr.
City Attorney
Dayton Iluaison, Col ip any, Inc.
A'"1'ES'T': B y
Approved As To Form:
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COST ESTIMATE
Elliot Street - Kemp Blvd,
ITEM UESC 13IF'T'ION UNIT
QiJr"irr'Clrl`Y COST TOTAL
1 6 Phase Controller
1 0,650,8,650.00
2 Detector
F' 100. 600.00
3 Signal SA-1
255. 510.00
4 Signal SA-2
2 255. 510.00
5 Signal SA-e3
2 290. 580.00
6 Signal SA-4
2 330, 660.00
7 Signal SA-5
2 185. 370.00
8 Signal Pole 40' mast arm 2 1, 800,3,600.00
9 Signal pole 151' mast arm
750,1, 500.00
10 hole foundations
4 125. 500.00
11 2" HM conduit
300'113. C 339.00
12 1" PVC conduit
900' 53. C 477.00
13 12 CO signal cable
200'330. M 66.00UU
14 6 CO signal cable
1.00'200, M 20.00
15 2 Cols detector cable 1500' 145. M 218.00
16 4 CO signal cable
I00t 125, M 50.00
Sub-Total 1.8,650.00
J.0°;'; Contingencies 1,865.00
TOTAL $20, 515.00
AHIBITt