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Home My WebLink AboutReso 1969-5022F'o~m No- 342 Rev- 8-6~ RESOLUTION NO -> 5022 RES~?LUTION OF THE CITY COUNCIL OF THE CITY OF` CHULA VISTA APi'ROVIN~ AGREEMEN`T' BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY, FOR :MAINTENANCE OF TRAFFIC SIGNALS BETWEEN CHULA VISTA AND NATIONAL CITY AND AUTHORIZING THE MAYOR TO EXECU'T'E SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and the City of National City, a municipal corporation, for the maintenance of traffic signals between Chula Vista and National City dated the 14th day of January , 19 69 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE ~T FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City Presented by ~_v. Lan F. Cole, Director f Public Works Approved as to form by 4 `~ ~,~ ~'~ -. George D. ndberg, City Attorne~z AID~P"PED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTAS CALIFORNIA, this 14th day of _ January ~ 1969 by the following vote to-wit: AYES : Councilmen Scott. Sylvester, Hamilton McCorquodale McAllister NAPES : Coun~: i lmen None ABSENT: Councilmen None ayor of the City o hula Vista / ; ~_.Cyty Clerk STA'T'E OF CALIIF°ORNIA 1 COUNTY CF SAN DIEGO ss~ C:TY OF CHULA VISTA °~ ~, _, City Clerk of the City of Chula Vista, Californiaf DO HEREBY CERTIFY that the above is a Lull, true and correct copy of Resolution No. and that the same has not been. amended or repealed. DATED City Clerk _ \ TRAFFI^ SIl'^IAT '? ~~^'~'',~ r' L 1.• ~ l'~_Z!iLYli..~'r1_•1C... A G RE E i•~1E "I T THIS AGREEMENT, :Wade and entered into this 14th day of T January 1969, by and bet°.•,een. THE CITY GF CHULA VISTA, a munlclpal corroration, hereinafter called "Ci:u'_a Vista", and TI-IE CITY OF' NATIONAL CITY, a rlunicipal corporation., rereinafter called "National City"; V+' i T N E S S E H bvHEREAS, the parties hereto desire to provide for the main- tenance of certain approved tra.rfic control de-lices at intersections, as defined ir_ Section 365 of the Vehicle Code of the State of California, which are partially under the jurisdiction cf both of the parties heroto, and to arrange herein for the particular maintenance functior_s to be performzd and to specify the cost of such mair_tenar.ce. NO~d, THEREF OR.E, IT IS MUTUALLY AGREED by ar.d between. the parties hereto as follows: 1, SERVICES: A. Chula Vista will furnish and perforrl all routine . maintenance and inspection services necessary to keep the facilities covered by the terms of this agreement in satisfactory wor.cirg condition. Such services shall include the following: patrolling; emergency service; relamping; painting of standards and heads; necessary minor repairs and adjustments; and replacement for routine maintenance purposes of controller ecuipment, detectors, poles, heads enc. lamas. Chula 'ista shall supply ail r_ecossary spare ecrui meat, B, Chula Vista shall perform ail extraordinary main- teIlance Se"LV1Ce wh1C? Shall i nClLZde rr',_-'JiaCe:Tlci7t ar:d/or addition o~~ mayor equipment due to obsolescence, wear or inadequacy and repair due to exter.Sive ramage from any cause. C. Chula Vi st=_ small perform all :.ecessary repairs du to var_dalis:;l and coliisio.: damages . 2 . COSTS AidD CY~ARGES : A. P. flat monthly rate of TTao Dollars and ^~.irt~° Cents ($2.30) per signal read slali be charted for routine mainter,a_nce. Chula ~,Iista may adjust aaic me?ithly :,:~i_iz- tenance charge annually at the begi_r:I~inq of each fiscal year. Hou;ever, if Chula Vista olecLs to ac:just said. charges, it shall Ci ve National Cit-.~ ti,.irty (30l da~,-s written notice i =;dvanc~ of tr:~ of `ecti~~e gate of such adjustment. B. Extraordinary i:~air~tenance costs and costs ror r=~~~irs due to va.nda.lisr; or col' ?_sion uam.ac~s shall be as_esse:. as set f~rtr in Se,,tion 2 (C' . Surh cGSts sh~.li ?~e t:e aCtUc'.1 COStS Gf la'".Or, ^~?rtS anti:-'C~..,~- L'^l~_'.t L1S:=:.i aiic-~.' /~OY actually c',~?endeCi ___ E~ Ct: -art; CU? a~ instance. C. In the case of instail~=.tio._~ ir_ i ntersecti.ons =~yir.g partiall•~ ~Jitllii' t:_C• ~t~r'i_S~'_Ct~:~n C,~ eaCi: O~ t''le ',.iar`_'i heretG, t~iC r~P_YCet.t_:7.t p= COStS anc: ~~i_~3rQr'S Gil SUC.? .~ -1- installations to be borne by each of the parties shall be in the ratio that number of approaches under their respective jurisdiction bears to the total number of approaches entering each such i:-:terser_tion, Electrical energy charges on such installations shall be billed directly to Chula Vista by the sunnier and apportioned by Chula Vista in the manner hereinabove specified. D. Chula Vista shall bill quarterly for the portion of costs and charges allocable to National City for the preceding quarter under the terms of this agreement. Bills for extraordinary repairs and for vandalism and collision damage repairs shall sho:a an itemization of the costs of labor, parts and equipment expended in each particular instance. National City shall tender payment of said bills to the Finance Officer of the City of Chula Vista :within thirty (30) days after re- ceipt of saTM~e. , 3. INSTALLATIONS COVERED: A. The number and location of all signal installations covered by the terms of this agreement shall be as set forth in Exhibit "A" attached hereto and made a part hereof by reference. Said Exhibit "A" may be amended from time to time as deemed necessary er desirable by Chula Vista or Tational City, to adjust the number ar_d; or location of signal installations to be so covered, said amendment to be made in writing, signed by the Director of Public Works of the City of Chula Vista and the City Engineer of the City of National City. The terms cf this agreement shall riot be construed as establishing a basis of cor_tributior. toward tine costs of new installations at intersections not included in Exhibit "A" attached :-~ereto. B. Said Exhibit "A", and any and all a^~~erdments thereto. shall be as binding on the parties hereto as if fully set forth herein, provided, ho~~'ever, that said Exhibit "A" and any and all amendments thereto shall not be effective to charge any of the terms of this agreement except the number anal location of signal installations to be covered. 4. LIMITATIONS, DUPATION AND TERMINATION: A. No provision of this agreement shall be construed to relieve P.aticnal City from any liability imposed upon it by Statute or otheri~rise, for the maintenar.cc of its highways free from dangerous or defective conditions, and the City of Chula. Vista shall rot, by entering into this agreement, assume or be liable for any injuries or damages to persons or property arising from the use of said highways. The City of Chula Vista, its officers and empl~~yec's, shah not be .ieer;ec, to as~:.r~e un~a_iab~'_ity for inten'~i.cnal or negligent acts of National City or of any of its officers and employees, and the City of Dlational City sh~~.l?. in.deriniLy the City of Chula Vista and shall defend said City and its officers and en;yaloyees against any claim for damages resulting therefro~:~. -2- ~~ B. No provision of this agreement shall be construed to rElieve the City of Chula Vista from an1~ liability imposed open it by statute for the maintenance of its streets free frorn dangerous or clefecfive conditions, and National City shall riot, by entering into this agreement, assume or be liable .for any injuries or damages to rersons or property arising from the use of said streets. National City, its officers and employees, shall net be liable for the intentional or negligent acts or omissions of the City of C":ula Vista, its officers or employees, and Chula Vista shall in- demnify National City, its officers and employees, against any claim for damacres resulting therefrom. C. For the purposes cf paragraphs A anal B above, the terms "National City highways" arLd"ChuJ_a Vista streets" shall exclude the traffic control devices which are the subject of this agreement. Should any injury occur by reason of the dangerous and defective con~itior. of said traffic control devices or by reason of the maintenance thereof, anc~ liability should be imposed upon one of the parties hereto, the other party shall cor_tribute toward the satisfaction of said liability a sum equal to the ratio whiciz the number of approaches under its jurisdiction bears to the total number of approaches entering each intersection. D. This agreement shall remain in full force and effect until amended by mutual consent of the parties hereto or terminated upon ninety (90) days written notice by either party. IP1 tVITNESS ~~~H;~REOr , the parties hereto have caused this aareemer,t to be executeu the da_v and the year first he:ceina.bove set forth. T~--CITY OF CHULA VISTP. /% ~- C,/"A ,,- 'or of the c.zty of Chula Vista ,/ ATTEST `--` ,•~ J :GA ~. Cit -Clerk of Chula' Vista THE CITY OF T?ATIOT~AL CITY ;- ' '. Mayor o the 1 csf National City ATTEST __ ___ , _ _ _ .~z--- City Clerk of N'aticn ~i City Approved as to f.orrn b1~ Approved as to fore. by •: ~~ 4 ~ /`"`t ~ v ~ . °.~eorge D.~indberg, ~.,Ly Attor " Donald McLean, City Attorney 'The City of Chula Vista ; ~~ The City cf ila~io::a1 City ~~9 ~. ~.. . - •, ~ !~- ti ~ EXHIBIT "A" LOCATION MAINTENANCE COST ALLOCATION Broadway & "C" Street National City - 1/3 - 33% Chula Vista - 2/3 - 670 ~ '~ "~ ZONE MINOGUE City Clerk THE CITY NATI NAL CITY D2050 RECD D E C :' 3 196$ 20 December 1968 ~ ~~_; C~ ~ ~ Kenneth Campbell ~.---1,, t4L,~~~~/ ~~ , ~~~ ti City Clerk ~~ " h ! ~ ` ~ ~"~ City of Chula Vista `- ~~~` ~ ~ ~'~ .v' 276 Guava `~ Chula Vista, Calif. 92010 L~K' ~ / ~' _,~/ ,, --- .~°, Dear Sir: Enclosed are two copies of a traffic signal maintenance agreement between the City of Chula Vista and the City of National City executed by the City of National City as authorized by Resolution No. 9717. When the agreement is fully executed, please send me one Dopy for the files. Thank you . Yours very truly, /im Ione Minogue Encs (2) ~ RESQLUTION N0. 9717 RESOLUTION AtTTHORI?It~IG TRAFFIC SIGNAL MAINT~'NANCE AGREEMENT The Mayor is authorired and directed to execute that a®rtain Agreement between the Citp of Chula Vista sad the Cite of National City providing for maintenance of trai`i`ic signals. PASSED AND ADOPTF=U this l~tn day o~ Decead~er. 1968. MAYS ATTESTt ~- _/ - ., ,; , f, ,~ _ CITY CLERK ~' _~ ~ ~ ~`~~' -- ,~~~~.T PASSED AND ADOPTED by the City Council of the City of National City, California, this....17th______- December day of---•----•-----•-----------------••----•-•-----•-------------, 19.68 ..------., by the following vote, to-wit: Camacho, Colburn, Reid, Morgan AYES: Councilmen----•---•---...---••---------------••---------...-----........------------.......-----...----....----•-----.......------•---- NAYS: Councilmen .............None ABSENT: None Kile Morgan Mayor of the City of National City, California ATTEST: ------Ione _ Mino-gue------------------------------------------------- --- City Clerk J Resolution 17th December hereby approve the foregoing 1 this___-...-_____________day of__...._._.._......_...........__, 194..__.. -- Ki le _Morgan---------------------•----------- Moyor of the City of National City, California I hereb certif that the above and fore oin is a full and true co Resolution 9717 Y Y g g PY °f {nQG1~X No.-------------------- of the j Rti ~ of the City of Notional City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the...._._17th day of......_.___ December lq__ 6f3__- City Clerk of the City of National City lifornia. Deputy January 14, 1964 Mrs . I oue Mal.iangue City Clerl¢ City of ~tatignal City City Hall Katit~nai City. Califgrnia 42454 llear Mrs. t~itaaguet J3nclosed is Dopy of traffie sigr3al maintenance agreea<ent betwaer~ ttu:::ity o€ National City ancf -the City of Chula Vista, to~et4~es with Council Reaolutioan of approval, I~fl. SQ22. very truly yours, bCen»oth ~. Cs~,apbsll City Clerk ~__ ~ ~; .~_.--L_