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