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CCR1965059aAGREEMEMT e ALLOCATION OF MAINTENANCE OF THE COMMON BOUNDARIES BETWEEN THE CITY OF NEW BERLIN AND THE CITY OF MUSKEG 0 WHEREAS, THE CITY OF NEW BERLIN AND THE CITY OF MUSKEGO ARE DIVIDED BY A COMMON BOUNDARY, TO-WIT: WEST TANS ROAD FROM SOUTH CROWBAR ROAD TO A POINT APPROXIMATELY 1. a MILES EAST WHEREAS, IT IS IN THE BEST INTERESTS OF BOTH CITIES TO PROVIDE JOINTLY FOR THE CONSTRUCTION, RECONSTRUCTION, REPAIR AND MAINTENANCE, INCLUDING ICE CONTROL AND SNOW REMOVAL ON SAID STREETS, AND APPURTENANT DRAINAGE FACILITIES; flow, THEREFORE, BE IT RESOLVED THAT THE PROPER CITY OFFICERS AND DEPARTMENTS BE AND HEREBY ARE AUTHORIZED AND DIRECTED TO PROVIDE JOINTLY FOR THE CONSTRUCTION, RECONSTRUCTION, REPAIR AND MAINTENANCE, INCLUDING ICE CONTROL AND SNOW REMOVAL ON WEST TANS ROAD FROM SOUTH CROWBAR ROAD TO A POINT APPROXIMATELY I. a MILES EAST, AND APPURTENANT DRAINAGE FACILITIES IN ACCORDANCE WITH THE SCHEDULE APPENDED HERETO AND MADE A PART HEREOF, PRO- VIDED HOWEVER, THAT THIS RESOLUTION SHALL TAKE EFFECT ONLY UPON ADOPTION OF AN IDENTICAL RESOLUTION BY THE CITY OF MUSKEGO. 1. REPAIR AND MAINTENANCE OF ROADWAY AS USED HEREIN SHALL INCLUDE ALL ITEMS OF NORMAL MAINT- ENANCE UP TO AND INCLUDING SEALCOATING OF SURFACE AS REQUIRED. IT ALSO INCLUDES MAINTENANCE OF ROAD SHOULDERS AND CLEANING OR MINOR REPAIRING OF DRAINAGE STRUCTURES. 2. THE CITY OF NEW BERLIN SHALL REPAIR AND MAIN- WEST TANS ROAD FROM SOUTH CROWBAR ROAD TO A POINT 0.90 MILES EAST OF SOUTH CROWBAR ROAD. 3. THE CITY OF MUSKEGO SHALL REPAIR AND MAINTAIN THE ENTIRE ROADWAY, INCLUDING SHOULDERS, ON WEST TANS ROAD FROM A POINT 0.9 MILES EAST OF SOUTH CROWBAR ROAD TO A POINT 1.8 MILES EAST OF SOUTH CROWBAR ROAD. 4. EACH MUNICIPALITY SHALL BE RESPONSIBLE FOR TAIN THE ENTIRE ROADWAY, INCLUDING SHOULDERS, ON ROUTINE MAINTENANCE OF DRAINAGE STRUCTURES THAT CROSS THE ROADWAY, WITHIN THAT PORTION OF THE STREET MAINTAINED BY THE MUNICIPALITY. 5. EACH MUNICIPALITY SHALL BE RESPONSIBLE FOR PRO- VIDING, CONSTRUCTING AND MAINTAINING PEDESTRIAN WALKS, INCLUDING SNOW AND ICE CONTROL ON SAID SIDE- WALKS, AND REPAIR AND MAINTENANCE OF DITCH LINES AND DRAINAGE STRUCTURES THAT LIE ENTIRELY WITHIN THE BOUNDARIES OF THE INDIVIDUAL MUNICIPALITIES. 6. EACH MUNICIPALITY SHALL BE RESPONSIBLE FOR ALL CONDITIONS RESULTING FROM FORCE ACCOUNT OR CONTRACT CONSTRUCTION WORK INITIATED BY SAID MUNICIPALITY, EVEN THOUGH IT IS UNDER MAINTENANCE JURISDICTION OF THE OTHER MUNICIPALITY. THIS INCLUDES PUBLIC SAFETY, MAINTENANCE DURING CONSTRUCTION AND RESTORATION OF DRAINAGE AND ROADWAY TO ORIGINAL CONDITION AFTER CON- STRUCTION. THE MUNICIPALITY PERFORMING WORK BY FORCE WRITING THE PUBLIC WORKS DEPARTMENT OF THE MUNICIPALITY ACCOUNT OR CONTRACT CONSTRUCTION WORK MUST NOTIFY IN WHICH HAS MAINTENANCE JURISDICTION OVER SAID ROADS AT LEAST TEN DAYS BEFORE SUCH WORK IS TO BE STARTED. 7. MAJOR REPAIRING, INCLUDING SURFACING OF PAVE- MENTS OR RECONSTRUCTION OF DRAINAGE FACILITIES THAT CROSS THE ROADWAY SHALL BE A JOINT RESPONSIBILITY OF THE TWO MUNICIPALITIES, WITH COST TO BE SHARED EQUALLY. CONSTRUCTION SUPERVISION SHALL BE THE THAT PORTION OF THE ROADWAY. ANY WORK DONE UNDER RESPONSIBILITY OF THE MUNICIPALITY RESPONSIBLE FOR THIS PARAGRAPH MUST MEET WITH THE APPROVAL OF THE MUNICIPALITY IN WHICH SUCH WORK IS LOCATED. 8. RESPONSIBILITY FOR SNOW AND ICE CONTROL OPERA- TIONS SHALL BE AS FOLLOWS: A. THE CITY OF NEW BERLIN SHALL BE RESPONSIBLE FOR SNOW AND ICE CONTROL OPERATIONS ON WEST TANS ROAD FROM SOUTH CROWBAR ROAD TO A POINT 0.90 MILES EAST OF SOUTH CROWBAR ROAD. FOR SNOW AND ICE CONTROL OPERATIONS ON WEST TANS ROSD FROM A POINT 0.9 MILES EAST OF SOUTH CROWBAR ROAD TO A POINT 1.8 MILES EAST OF SOUTH CROWBAR ROAD. B. THE CITY OF MUSKEGO SHALL BE RESPONSIBLE 9. EACH MUNICIPALITY SHALL BE RESPONSIBLE FOR WEED CONTROL, BRUSH REMOVAL AND THE INSTALLATION AND MAINT- ENANCE OF BARRICADES AND STREET AND TRAFFIC SIGNS WITHIN THEIR, INDIVIDUAL BOUNDARIES. 10. INSTALLATION AND MAINTENANCE OF STREET LIGHTING 1 I. THIS AGREEMENT SHALL NULLIFY AND VOID ANY PRE- BE TERMINATED UPON THIRTY (30) DAY WRITTEN NOTICE SHALL BE BY MUTUAL AGREEMENT OF THE MUNICIPALITIES. VIOUS AGREEMENTS HAVING BEEN ENTERED INTO, AND MAY BY EITHER PARTY. IN WITNESS WHEREOF, THE PARTIES HAVE HER UNTO SET THEIR HANDS AND SEALS THIS '/ DAY OF 1 , 196.5. IN PRESENCE 0 * CITY CLERK