2001R34- HIGHWAY LIGHTING SYSTEMS
Resolution No. OI-R-34
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORATION FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF HIGHWAY LIGHTING SYSTEMS
WITHIN A MUNICIPALITY.
WHEREAS, the City has requested the State to contribute financial aid in the construction,
maintenance and operation of a highway lighting system on controlled access or partially controlled
access highways as defined in Section 25.11, Texas Administrative Code.
Within the City, said lighting system hereinafter referred to as the "lighting system" is to consist of
lighting to be buih in sections as financed and designated by the Texas Transportation Commission; and
WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation
Commission, has made it known to the City that the State will construct said highway lighting system,
conditioned that the City, as provided in Section 25.11, Texas Administrative Code and V.T.C.A.,
Transportation Code ~221.002, will maintain and operate said lighting system.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
THAT, the City Council of the City of Schertz hereby approves this agreement with the Texas
Department of Transportation.
FURTHER, that the Mayor of the City of Schertz is hereby authorized and directed to execute
the necessary forms, applications and legal documents as may be required in order to finalize the
agreement.
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12/I~f>2C1CC
09:32
SR DIST MRINT OFFICE ~ 96593204
NO. 228
Gl02
.""-.; \..-
AGREEIVrENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF HIGHWAY LIGHTING
SYSTEMS WITHIN A MUNlCIP ALITY
STATE OF TEXAS S
COUNTY OF TRAVIS ~
THIS AG REEMENT I dated this I ~ A day of IJ C..-~ 6 c- y
20 ~ by and between the State ofTexasl hereinafter referred to as the "Scate," pmy of the
first part, acting by and thrDugh the Texas Department of Transportation, and the City of Schertz,
Guadalupe County, Texas, acting by apd through its duly authorized officers under an ordinance
or resolution passed the /6#... day of 6J(1~~e.. t'
20-2.L, hereinafter called
the "City," party of the second part, is made to become effective when fully executed by both
" p3ItleS
\VITNESSETH
\VHEREAS, the City has requested the State to contribute financial aid in the
construction, matntenance and operation of a highway lighting system on controlled access or
pa.'1ially controlled access highways as defined in Section 25.11 , Texas Admirustrative Code.
Within the City, said lighting system hereinafter referred to as the "lighting system" is to consist
of lighting to be built m sections as financed and designated by tbe Texas Transportation
Commission; and
\vl{EREAS, the Executive Director, acting for and in behalf of the Texas Tra..'1sportation
Commission, has ma.cJe it kno'n'11 to the City that the State will construct said highway I..Jghting
system, conditioned that the City, as provided in Section 25.11, Texas Administrative Code and
V.TC.A.. Transportation Code ~221.002, will maintain and operate said lighting system.
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5~ DI5T M81NT OFFICE 96593204
NO. 22E:
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AGREEMENT
NOW THEREFORE, in consideration of the premises and of the mutu<ll covenants and
agreements of the parties hereto to b~ by them respectively kept and perfom1ed as hen:inafter set
forth, it is agreed as follows:
1. CONSTRUCTION RESPONSIBILITIES
A. The State will prepare or provide for the plans and specifications, advertise [or bids, let
the construction contract, or otherwise provide for the construction, and will supervise
construCHon, reconstruction, or betterment work as required by said plans and specifications. As
a project is de'ielcped to construction stage, either as a unit or in increments, the State will
sllbmit plans a..'1d specifications of me proposed work to the City and will secure the City's
~onsent to construct the lighting system prior to awarding the contract; said City consent to be
~ignified by the signarure$ of duly authorized City officers in the spaces provided on the title
sheet of plans containing the following notation:
to special AGREEMENT FOR CONSTRUCTION,
"Attachment No.
M,AINTENANCE, AND OPERATION OF HIGHWAY LIGHTING SYSTEMS
W1THIN A MmrICIPALITY, dated . The City-State
construction, maintenance and operation responsibilities sh<lll be as heretofore agreed to,
accepted, IDd speci.fied in the Agreement to which these plans are made a part."
B. .A...ll costs of constructing the lighting system will be borne by the State, and the lighting
system as constructed will remain the property of the State.
2, 1\WNTEl'Al~CE A1~D OPERATION RESPONSIBILITIES
A. The City he:reby agrees to furnish, at its expense, the electrical energy required for proper
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operation of the lighting system, such electrical energy to be provided at points on the lighting
system (;$ designated by the State. The City funher agrees to maintain and operate the lighting
system in 311 efficien[ and sightly condition, including the furnishing of all equipment and labor
and making any replacements which may become necessary, without cost to the Slate.
B. The City shall assume maintenance and operation responsibilities on a date to correspond
',vjrh the date construction of the lighting system is compJw~d and accepted by the State. The
St.l[~ will provide \loTInen notification to the City of such acceptance. The City hereby agrees to
furnish at its expense the electrical energy conswned by the system during the period cf trial
o?~t.ltior, prior to ccceptance by the State. If the lighting system is constructed by sectiolli, this
provision shall apply to each such separately constructed section.
C. The City shall obtain approY~] of the San Antonio District Engineer before making any
major changes in the design and/or operation of the lighting system as designed and constructed
by the State or before the remoyal of any part of the installation except for the purpo;;e of
replacement where Identical or ac,cepted equivalent equipment to thaI originally installed is used.
3. GENERAL
A. This Agreem.;:nt shall remain in force for a period of tv.'o years from the d.ate L'1at
maintenance ,,""Id operation responsibilities are first assumed by the City and shall be
automatically rene-v.cd for two-year periods unless modified by mutual agreerne;1t of both
parties.
B. The State will not incur any financial obligation to the City as a result of this Agreement.
C. This Agreement may be tenninated sixty (60) days after the filing of a wrinen notice by
either party of a desire for cancellation. The State reserves the right to remo......e the lighting
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system or rum off power for the lighting system upon cancellation of the Agreement.
D. If, at any time, the State notifies the City in writing that it has not maint"ined and/or
operated the lighting system in a satisfactory ma:mer and the City h<lS [ailed to properly correct
its performance as required, the State reserves the right to tither amlnge for maintenance, or
remove L~e lighting system, or turn off power for the lighting system. Thereafter, the State may,
at its sole discretion, request reimbursement or contribution iTom the eil)1 for any reasonable
costs incurred by th~ State to arrange for maintenance, or removal of the system, or to tum off
power for the lightmg system
E. This Agreement shall not be consider,;:Q as specifying the exclusive remedy for any
d.isp~te, but all remedies existing at law and in equity may be availed of by eiL~er Fill:)' 3Ild shall
be cumulative.
r. Tr.e Ciry shall comply \l.'lth all applicable federal, state, and local laws, ordinances, rules
O::.I1d regulations afieclliig its performance in this Agreement
G. Changes in time frame, character, cost, or obligations authorized herein shall be enacted
by written amendmenL Any amendment to this Agreement must be executed by both parties
within the agreement period.
H. ThlS Agreement shall bind, and shall be for the sole and exclusive benefit of the
respective parti,;:s and their legal successors. The City shall not assign or transfer its interest in
trus Agreement without written consent of the State.
I In C::lSt anyone or more of the provisions contained in this Agreement shall. for any
reason, be hdd inv~lid, illegal, or unenforceable in any respect, such invalidity, illeg<lliry or
:.l."1enforceabilir;.' sh:1.l1 not affect any other provision thereof a...'1d this Agreement shall be
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SR DIST MRINT OFFICE ~ 95S9320~
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cons[liJcd as 1f such invz.lid. illegal, or unenforceable provision had never been contained herein.
1. This Agreement constitutes the sole and only agreement for hIghway lighting system
construction, r.12mkn.lDCe, and operation a1lhe location described herein oi the p2.."1ies hereto
:ind supersedes any prior l.mdcTStanding=- or 'WTitten or oral agreement between the parties
respecting L~e WIthin subject matter.
4. Il'fDEMNIFICA nON
A. The City acknowledges that it is not an agent, servant, or employee of the State and, thus,
IS r~sponsible for ltS own acts and deeds and far those of its agents or employees juring the
performance of the work defined in this Agreement. The parties agree that the Texas Tort
Claims Act per::1ining to governmentalliabiliry for tortious conduct andlor property damage
shall apply to :his Agreement.
B. The City and State further acknowledge that nothing contained in tlus Agreement \1,'i11 be
conswued to (~) give tIther party the power to direct and control the day-ta-day acti',<rJes oftht
other, or (b) cOEstirme lhe pc.rti.;:s as panr.ers, joint venrur~rs, co-o\l.oners or othl2r,vis:: '::5
pa:1icipaflts in 3, Joinr or common underuking, or (e) allow either pany to create or assume :my
obligation on behalf of the other party for any purpose whatsoever,
5. USE OF CONSULTANTS, CONTRACTORS, AND/OR PERSONS
A. ill the event the City or its agenl engages consultants, contractors a."1d/or persons, other
thaI'. its employees, for any of its responsibilitie$ set forth in this Agreement, the City shall
tn~urt that said entity shall indcrnnify the State for a...'1y and all damages and claims for damages
by t.hird parties, mcluding any claims resulting from bodily injury or deJth to third partics, or for
loss of or damage to properlY 10 third panies, arising out of, incident to, or in 2J1] manner
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SA D!5T MAINT OFFICE 96593204
NO.228
[}07
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con.nected to this Agreement, and for any or all liability arising from the negligent acts or
omissions of the consultanT; contractor, or person. However, the City will continue to remain
reS?onsibk te the State to ensure perfonnance of all its duties and respons.ibilities specified i.n
J-.1S Agreement.
B. Prior 10 commencement of any work or service, the City shall require me consultant,
contractor, or person to submit proof of insurance using the State's "Certl.rJ:a:-: of Lisurance,
F onn 1560," as c urren::]y revised and attached as Exhibit A. TIle limits 0 f die mS'.I.ldllCe policy
shall remain in effect for tr,e duration of the work or s(:rvice performed The StZlte sh,lll be
named as an Additional Insured with a Waiver of Subrogation in favor of the State.
6. NOTICES
All notices to either party by the other required under this Agreement shall be personally
delivered or mailed .0 such party at the following respective address:
5TA TE:
CITY:
Texas Department of Transportation
San Antonio D1Srr1C:
Allention: Director of Mamtenance
4615 N.W. Loop 410
P.O. Box 29928
San :\ntonio, Texas 78229-0928
City of SchertZ
Attention: City Ma.TJ.ager
P.Q, Drawer I
Schenz, Texas 78154-0890
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NO. 22E:
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IN \VITNESS WHEREOF, the parties h::lve thereunto affixed their sjgnar~es, the City
of Schertz on the 16 f1... day of
() ~.Iu ~ e (
, 20 L!..-, and the Texas
Department of Trnnsponation. on the 23 day of 6C1b8el2...
,20QL.
ATTEST:
THE STATE OF TEXAS
/
::TY~ ~
I C - I (,- C I
(Dare)
Executed for the Executive Director and
approv~d for the Texas Transportation
Commission under the Authority of Minule
Order 100002 and Stand Alone Manual
Notice 96-6, for the purpose ao'1d effect
of activating and/or carrying out the orders,
established policies or work programs by
the Texas Transportation Ccrrunission:
<I,
~~o
District
Date: /e;/Z..?/o J
List ofEXJ\ibits:
A. Cenific~te of Insurance [or Cir/s Consultant, Contractor, or Person
C: \schert.zlightagreement doc
Revised March 30, 2001
i of7
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I Texas Department of Transportation
RECEIVED APR 1 9 200t
P.O. BOX 29928. SAN ANTONIO, TEXAS 78229-0928. (210) 615-1110
April 13, 2001
Agreement for Highway Lighting Systems within a Municipality
IH 35 through the City of Schertz
The Honorable Hal Baldwin
Mayor, City of Schertz
P.O. Drawer I
Schertz, Texas 78154-0890
Dear Mayor Baldwin:
On February 20, 2001, we enjoyed meeting and discussing transportation related issues with Mr. Steve
Simonson (Assistant City Manager) and Mr. Ron Youngblood (City Planner) of the City of Schertz. We also
discussed the highway lighting system on IH 35 through the city limits of Schertz; and based on that
discussion, Mr. Simonson requested that we send this letter to you.
It has been a long-standing policy ofthe Texas Department of Transportation (TxDOT) that when TxDOT
funded the design and construction of continuous highway illumination systems on controlled access highways
(ie, Interstate Highways) within the city limits ofa municipality, the municipality should accept the
responsibility for all maintenance and operation of the lighting systems. This policy was established because
continuous lighting provides benefits beyond safety for motorists such as improved aesthetics, lower crime
rates, and a more conspicuous appearance for the city. Attached is Section 2, "Continuous Lighting
Agreements" from our Traffic Operations Manual which describes the two kinds of agreements for these
lighting systems. For many years, municipalities such as the City of San Antonio, City of New Braunfels,
City of Castle Hills, City of Balcones Heights, City of Leon Valley, and others have paid City Public Service
(CPS) for the cost of electricity and maintenance for these illuminations systems within their respective city
limits.
As cities annex more areas along a highway, lighting systems that were previously outside a city and were
maintained by TxDOT, should become the maintenance and operation responsibility of the city. Since many
changes in the highway lighting system and city limits may have occurred on freeways in and around Bexar
County over the recent years, we felt it was necessary to check and update the billing records to be sure
highway lighting was being performed in accordance with our standard policy. Thus, we recently requested
CPS to provide billing records of all lights on our freeway system to be sure that CPS was properly billing the
appropriate municipality for lights located within their city limits. These billing records indicated the current
light poles within the city limits of Schertz that should be under the maintenance and operation responsibility
of Schertz.
CPS began billing the City of Schertz for IH 35 lighting maintenance and operation on or about June 2000.
Since the former City Manager (Mr. Kerry Sweatt) refused to pay for the maintenance and operation cost of
these lights, TxDOT reimbursed the City of Schertz for the monthly cost ofIH 35 light maintenance by CPS
until such time as this matter could be corrected and resolved.
An Equal Opportunity Employer
The Honorable Hal Baldwin
April 13, 2001
Page 2 of2
Attachment #1 shows an estimated cost for maintenance and operation of the ill 35 lighting for those lights
located within the city limits of Schertz. We recently became aware that New Braunfels Utilities is
maintaining approximately 44 lights on IH 35 inside the city limits of Schertz and the cost for these lights is
not included on Attachment #1. We have no objection if New Braunfels continues to pay for the cost of these
44 lights located within the city limits of Schertz, but we thought we should call it to your attention.
Attachment #2 shows the location oflight poles along IH 35 within the City of Schertz.
To be fair to all cities that pay for maintenance and operation of lighting systems along freeways, and to clear
up any confusion in the past, we felt it was necessary to explain this matter to Mr. Simonson. Based on our
discussion, Mr. Simonson indicated that the City Council could consider funding the cost for maintenance and
operations of the ill 35 lighting system at their mid-year budget discussion. This letter is sent to request that
the City of Schertz budget for and begin paying CPS for the monthly cost to maintain and operate the IH 35
lighting system without reimbursement from TxDOT.
Also attached are three originals of our standard "Agreement for Construction, Maintenance, and Operation of
Highway Lighting Systems Within a Municipality" for your review and further handling. If you concur,
please obtain the appropriate signature for the City of Schertz on all three originals and return all originals to
my office for final approval.
If you have any questions or need additional information, please contact our Director of Maintenance, Mr.
John Bohuslav, P.E. at (210)615-5856. Your consideration and agreement to pay the maintenance and
operation cost of this lighting system and sign the attached agreements is appreciated.
JDB:mr
Attachment
cc: Mr. Greg Malatek
Mr. Arlon Nowotny
Mr. John Bohuslav
Mr. Roy McCue
Mr. Steve Simonson- Assistant City Manager for City of Schertz
Mr. Gilbert Gavia
D:\lightschertz.doc
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