HomeMy WebLinkAboutR90-126HIGHWAYS - SAFETY LIGHTING AGP~KE~NT
RESOLUTION NO. R90-126
A RESOLUTION OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT FOR CONSTRUCTION,
MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS FROM
LOOP 445 SOUTH OF PLAINVIEW TO LOOP 445 NORTH OF
PLAINVIEW ON INTERSTATE 27.
WHEREAS, in order to provide a more adequate facility to the
traveling public, the construction, maintenance and operation of
certain safety lighting systems is required within the corporate
limits of the City of Plainview. Within the City said safety
lighting system here-in-after referred to as the "lighting system"
is to consist of safety lighting to be built in sections as
financed and designated by the State Highway and Public
Transportation Commission; and
WHEREAS, the engineer-director, acting for and on behalf of
the State Highway and Public Transportation Commission, has made
it known to the City that the State will construct, maintain and
operate said lighting systems, subject to the conditions and
provisions stated herein, as provided for in Highway Commission
Minute Order NO. 82420.
NOW, THEREFORE, BE IT RESOLVED by the City of Plainview, Texas,
that the Mayor is hereby authorized to execute an agreement for
construction, maintenance and operation of safety lighting systems
within the City of Plainview, with said systems being located
within Loop 445 South of Plainview to Loop 445 North of Plainview
on Interstate 27.
Passed and Approved this 10th day April, 1990.
E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, city Secretary
APPROVEDAS TO CONTENT:
APPROVED AS TO FORM:
David Blackburn, City Attorney
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF SAFETY LIGHTING
SYSTEMS WITHIN MUNICIPALITIES
(State Maintains and Contracts for Power)
(Blanket Agreement)
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT dated this 30th day of April . , 1990 , by and
between the State of Texas, hereinafter referred to as the "State", party of the
first part, and the City of Plainview , Hale County,
Texas, acting by and through its duly authorized officers under a resolution or ordi-
nance passed the loth day of April , 19 90 , hereinafter called the
"City," party of the second part.
WI TNESSETH
WHEREAS, in order to provide a more adequate facility to the traveling public,
the construction, maintenance and operation of certain safety lighting systems is
required within the corporate limits of the City; Within the City, said safety
lighting system hereinafter referred to as the "lighting system" is to consist
of safety lighting to be built in sections as financed and designated by the
State Highway and Public Transportation Commission; and
WHEREAS, the Engineer-Director, acting fom and in behalf of the State Highway and
Public Transportation Commission, has made it-known to the City that the State will'
construct, maintain and operate said lightingJsystems, subject to the conditions and
provisions stated herein, as provided for in Highway Commission Minute Order No. 82420.
1-4
-Form 1397
12-84
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the.~mutual covenants and
agreements of the parties hereto to be by th~m respectively kept and performed as
hereinafter set forth, it is agreed as follows:
1. CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES ·
a.~ ~Th~tate will prepare or provide'fox'the ~l'~l~and specifications, adVer-
tise for bids, let the construction contract, or otherwise~provide for the construc-
tion, and will supervise construction, reconstruction or betterment work as required
by said plans and specifications. As a project is developed to construction stage,
either as a unit or in increments, the State will submit plans and specifications of
the proposed work to the City and will secure the City's consent to construct the
lighting system prior to awarding the contract; said City consent to be signified by
~he signatures of duly authorized City officers in the spaces provided on the title
sheet of plans containing the following notation:
"Attachment No. to special AGREEMENTFOR.CONSTRUCTION,. MAINTENANCE AND
OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITY, dated
The City-State construction, maintenance and operation responsibilities shall be
as heretofore agreed to, accepted, and specified in the Agreement to which these
plans are made a part."
b. All costs of construction, maintenance and operation of.-the lighting system
will be borne by the State, and the lighting syste~ will remain the property of the
State.
2 of 4 Form 1397
12-84
O64
2. GENERAL
a. The State's obligation for operation and maintenance of the lighting system
shall cease should the route'on which it is located be dropped from the State Highway
System.
b. This Agreement will cease-~6'-j~l~'to sections of the lighting system in the
event that those sections are re~o~ved.or~become a part-of a continuous iqlumination
system. .~
c. This Agreement shall remain in fpr~ce for a period of two 'years from the date
that it is signed by the State, and it is understoJd by both parties that at the end
of the initial two-year period, the Agreement will be automatically renewed for two
year periods thereafter unless modified by mutual agreement of both parties. In the
event that the lighting system installed in accordance with this Agreement becomes
unnecessary or is removed for any reason, this Agreement will terminate.
3-4 Form 1397
12-84
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures,, The City
of Plainview ~.~ .... ~. '_ ...... .~..~.~ ~. on~t'he 16th dayof
April , lg '9~ and the State Department of ~Highways and
Public Transportation on the 'day of. ,
19 .
ATTEST:
CITY OF Plainview
BY
THE STATE OF TEXAS
Certified as 6eing executed for the purpose
and effect, of a~tivating and/or carrying out
the orders, established policies, or work
programs heretofore approved and authorized by
the State Highway and Public Transportation
Commission:
APPROVED:
By:
' ~Traffic~Operations Engineer
DATE:
Form 1397
12-84