Subject: 18995/Contract/State DOT/Signal Install-153 & 29(Dayton Blvd)
Date: Fri, 12 Apr 1991 12:08:00 -0500


                               RESOLUTION NO. 18995
                  
                  
                   A RESOLUTION AUTHORIZING THE ADMINISTRATOR
                   OF THE DEPARTMENT OF PUBLIC WORKS TO EXECUTE
                   A CONTRACT WITH THE DEPARTMENT OF
                   TRANSPORTATION OF THE STATE OF TENNESSEE
                   RELATIVE TO THE INSTALLATION OF A TRAFFIC
                   SIGNAL AT THE INTERSECTION OF STATE ROUTE
                   153 AND STATE ROUTE 29 (U.S. 27) (DAYTON
                   BOULEVARD) WITH BOY SCOUT ROAD.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, That the Administrator of the Department
       of Public Works be and is hereby authorized to execute a Contract 

       (a copy of which is attached hereto and incorporated herein by
       reference) with the Department of Transportation of the State of
       Tennessee relative to the installation of a traffic signal at the 

       intersection of State Route 153 and State Route 29 (U.S. 27)
       (Dayton Boulevard) with Boy Scout Road.
      
       ADOPTED:  April 23, 1991
      
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                                    CONTRACT
      
       	    	 This Contract, made and entered into on this _____ day
       of __________________, 1991, by and between the Department of
       Transportation of the State of Tennessee, hereinafter called
       "DEPARTMENT" and the City of Chattanooga, Tennessee, hereinafter
       called "LOCAL AGENCY".
      
       	    	 WHEREAS, the Local Agency desires to purchase, install,
       operate and maintain a highway traffic signal on a state route
       within its jurisdiction; and,
      
       	    	 WHEREAS, the Department has an interest in the traffic
       flow and safety on state routes and traffic flow is affected by
       installation of any highway traffic signal; and,
      
       	    	 WHEREAS, the Department is charged pursuant to T.C.A.
       A754-4-108 with assuring that traffic control devices in 
Tennessee
       conform with the Manual on Uniform Traffic Control Devices
       (MUTCD).
      
       	    	 NOW, THEREFORE, in consideration of the premises, the
       parties hereto agree as follows:
      
       	    	 1.   The Department authorizes the Local Agency to
       provide for the installation of a highway traffic signal at the
       location and of the type as follows:
      
       	    	      LOCATION	     	       	    	 TYPE
      
       	    SR 153 & SR 29(US 27)(Dayton          Three Phase Actuated
           Boulevard with Boy Scout Road,      (Expansible to Four 
Phase)
       	    Chattanooga, Hamilton County       	     Traffic Signal
      
       	    	 2.   It is understood that the Local Agency shall
       purchase and install said signal and thereafter operate, 
maintain,
       and guarantee that it, or some other governmental entity, will 
pay
       for electric current to the same, all without expense to the
       Department.
      
       	    	 3.   It is further understood by the Local Agency that
       should roadway or traffic conditions change such that the herein
       described traffic control device is no longer justified under the 

       provisions of the MUTCD, the Local Agency, after reasonable 
notice
       from the Department, hereby agrees to remove said device at no
       expense to the Department.
      
       	    	 4.   The Local Agency assumes responsibility for
       personal injury and property damage resulting from failure to
       properly install or operate or maintain or pay charges for
       electrical current to the highway traffic signal and the Local
       Agency further agrees to defend and hold harmless the Department, 

       its officers and employees, from any action at law or claim of 
any
       character brought for or on account of any such failure, subject
       to the limitations of the Tennessee Governmental Tort Liability
       Act, as amended.
      
       	    	 5.   The Local Agency agrees to accept this contract by
       lawful governmental action.
      
       	    	 IN WITNESS WHEREOF, the parties hereto have caused their
       duly authorized officials to execute this contract on the date
       above written.
      
       	    	      	   	     	  STATE OF TENNESSEE
       CITY OF CHATTANOOGA, TENNESSEE	  DEPARTMENT OF TRANSPORTATION
      
      
       BY:____________________________	  BY:____________________________
          Richard A. Kuci  	     	     Jimmy M. Evans
          Administrator, Department  	     Commissioner
       	    of Public Works
      
       CERTIFIED AS THE LEGAL OBLIGATION
       OF THE LOCAL AGENCY:	     	  APPROVED:
      
       _______________________________	  _______________________________
       Wm. Shelley Parker, Jr.	     	  Henry K. Buckner, Jr.
       Special Counsel	   	     	  Department Attorney