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e . Page Two Mr. Robert T. Herrera August 20, 1984 a. With the assistance of your City Attorney, attempt to negotiate for removal of Section 7 of the Indemnity Agreement. Installation of a traffic signal is a bene- fit both to the city and the state and it is an obliga- tion of both the city and the State Department of High- ways and Public Transportation to provide for safety on the public roadways. You should be more successful in negotiating this point if the highway location is a state or county roadway. b. Since the agreement is a standard form agreement, if the state is unwilling to negotiate for the removal of Section 7, before signing the document ask the state official in charge of negotiating the contract what will happen if the contract is not signed in its present form. The response that you can anticipate would be that the state will not pro- vide the traffic signal unless the agreement is signed. Thus, by having that question answered, the city has placed itself in a position of signing a contract of adhesion. In other words, if you don't sign the con- tract the way it is written, the state will not provide the traffic signals~ c. As to the liabilit.y of the city for this type of function see also: i. Jezek v. City of Midland, 605 S.W. 544 (Tex. 1980). ii. Andrews v_ City of Dallas, 580 S.W.2d 908 (Tex.Civ.App_- Eastland 1979). I hope that this answers your questions, Mr. Herrera. If we can be of further assistance, please let me know. v J. LaBrec General Counsel DJL/jkw Encls. xc: Mr. Francis Fey ;..