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HomeMy WebLinkAboutRES 84-048 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute an agreement in the form attached hereto as Exhibit "A" for permission to construct, maintain and operate a safety lighting system on U. S. 69 from Lawrence Drive to Pine Island Bayou by the State Department of Highways and Public Transportation. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 13 Mayor - �. F'nrm 1397 (Dist'. ' ai`ritenance - Direct Util. Company) AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEM WITHIN MUNICIPALITIES STATE OF TEXAS X COUNTY OF TRAVIS This Agreement dated this day of 19_, by and between the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of Beaumont , Jefferson County, Texas, acting by and through its duly authorized officers under an passed the day of , ).9 , .nereinafter called the "Cite," party of the second part. WITNESSETH WHEREAS, the City has requested the State to finance the construction, maintenance, and operation of the safety lighting system on Highway U.S. 69 from Lati,rence Drive to Pine Island Bayou as shown on E;-11IBIT 1, attached hereto and made a part hereof, and hereinafter referred to as the "safety lighting system," and WHEREAS, the Engineer-Director, acting for 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 the safety lighting system, or construct the safety lighting system and reimburse the City" for the City's cost of maintenance and opera- tion of said system, subject to the conditions and provisions stated herein, as provided for in Highway Commission Minute Order No. 61624, AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: A. Project Authorization The City has requested and consented to the construction, maintenance and operation of the safety lighting system, and the State in financing the construc- tion, operation, and maintenance work does so at the special instance and request of the City. j Form 1397 B. Definitions The term "safety lighting system" as used herein shall constitute: (1) the illumination assemblies, including the poles, luminaires, lamps, ballasts and luminaire mast arms; (2) the conduit, conductor and miscellaneous items of materials and parts installed for the operation of the safety lighting. C. Construction Responsibilities 1. The State w4ll prepare or provide for the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction, and will supervise the construction, reconstruction or betterment work as required by said plans and specifications. As the project is developed to the construction stage, the State will secure the City's approval of the con- struction plans prior to award of contract. 2. All cost of construction of the safety lighting system will be borne by the State. 3. The State's financing of the construction, maintenance, and operation of the safety lighting system will not extend to nor include the construction and main- tenance of any primary lines and incidental equipment necessary to connect the safety lighting system with power stations. D. General It is understood that: 1. This agreement supersedes any and all prior maintenance and operation agreements on the safety lighting system. 2. This agreement will be modified by a supplementary agreement or super- seded by a revised agreement in the event the safety lighting system is extended to include any area other than the location shown on EXHIBIT I or incorporated within a continuous illumination system. Supplementary or revised agreements shall conform with the then current policies of the State Department of Highways and Public Transportation. 3. The State's obligations for operation and maintenance of the safety light- ing system shall cease should the route on which it is located be dropped from the State Highway System. 4. This agreement shall remain in force from the date that maintenance and operation responsibilities are first assumed by the State. At any time after two (2) years this agreement may be revived or cancelled by mutual agreement between the parties. Form 1397 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of BeaLunont on the day of , 19_, and the State Department of Highways and Public Transportation on the day of , 19_. ATTEST: CITY OF Beaumont By (Title of Signing Official) THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under authorization of Minute Order No. 70104. By. Assistant Engineer-Director APPROVAL RECO10MUDED: District Engineer Chief Engineer of Highway Design Chief Engineer of 'laintenance Operations Ile STATE OF TEXAS COUNTY OF the duly appointed, qualified and acting city secretary of the City of ��11 //fi�r �+.� e. ••v.:��1. +L�.Ve true and L'or=�G��.t C ..P c Vl- =ti:j that the "b7oregoing pages V J / Texas, 1- yy an ordinance duly passed b the City Council at a meeting held on , resolut_on y � y y g A. D., 19 , at o'clock M. To certify which, witness my hand and seal of the City cf Texas, this day of 19 , at Texas. City Secretary of the City of Texas . Form 1397 ORDINANCE NO. AN ORDINANCE APPROVING THE AGREEMENT DATED BETWEEN THE STATE OF TEXAS AND THE CITY OF Beaumont FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTEN- ANCE OF A HIGHWAY ILLUMINATION PROJECT AT on U.S. 69 from Lawrence Drive to Pine Island Bayou IN THE CITY OF Beaumont PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Beaumont SECTION 1. That the certain Agreement dated between the State of Texas and the City of Beaumont for the installation, construction, existence, use, operation and maintenance of certain highway illumination located at on U.S, 69 from Lawrence Drive to Pine Island Bayou in the City of Beaumont be, and the same is, hereby approved; and that is hereby authorized to execute said agreement on behalf of the City of Beaumont and to transmit the same to the State of Texas for appropriate action. SECTION 2. The fact that the improvements contemplated under the above- mentioned Agreement are needed, creates an emergency which for the immediate preservation of the public peace, health, safety and general welfare requires that this Ordinance take effect immediately from and after its passage and it is accordingly so ordained. PASSED: ATTEST: APPROVED: Secretary City Mayor Clerk APPROVED AS TO FORM: City Attornev