1989R08- PROPOSED HIGHWAY ILLUMINATION SYSTEM
RESOLUT ION NO. ~ "1- II: - )?
A RESOLUTION
APPROVING THE AGREEMENT DATED
S ..-r;tf'M b" fZ S- /9 ~ BETWEEN THE STATE OF TEXAS
AND THE CiTY OF SCHERTZ, TEXAS, FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF:
A PROPOSED HIGHWAY ILLUMINATION SYSTEM ON
I.H. 35 FROM THE SOUTHWEST CITY LIMIT TO THE
NORTHEAST CITY LIMIT; ALL FUTURE SAFETY
LIGHTING SYSTEMS IN THE CITY OF SCHERTZ,
TEXAS; AND PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE 'CITY OF SCHERTZ, TEXAS:
THAT the certain Agreement dated ff?ojjDMhpn 5) 19 rr-Y'
between the State of Texas and the City of Schertz, Texas, for
the construction, operation and maintenance of certain highway
illumination as listed above in the City of Schertz, Texas, be,
and the same is, hereby approved; and
THAT the City Manager is hereby authorized to execute
said agreement on behalf of the City of Schertz, Texas, and to
transmit the same to the State of Texas for appropriate action.
PASSED, APPROVED AND ADOPTED this the ,~ day of
1989.
ATTEST:
(SEAL OF CITY)
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF SAFETY LIGHTING
SYSTEMS WITHIN MUNICIPALITIES
(State Maintains and Contracts for Power)
(One Project)
STATE OF TEXAS S
COUNTY OF TRAVIS S
THIS AGREEMENT dated this
5th
day of September
,19 89
, by and
between the State of Texas, hereinafter referred to as the "State", party of the
first part, and the City of
Schertz
Guadalupe
County,
Texas, acting by and through its duly authorized officers under a resolution or
ordinance passed the
5th day of September ,l9 89
hereinafter
called the "City," party of the second part.
WIT N E SSE T H
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 on IH 35:CSJ l6-6-29,etc
from the Southwest City Limit to the Northeast City Limit. 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 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 said lighting systems, subject to
the conditions and provisions stated herein, as provided for in Highway
Commission Minute Order No. 82420.
Page 1 of 4
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and per-
formed as hereinafter set forth, it is agreed as follows:
1. CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES
a. This agreement is applicable to: (1) the presently proposed lighting
system on IH 35 from the southwest city limits to the northeast city limits of
the City of Schertz; and (2) for all future safety lighting systems installed by
the State.
For all future safety lighting systems, the State will prepare or pro-
vide for the plans and specifications, advertise for bids, let the construction
contract, or otherwise provide for the construction, and will supervise
construction, reconstruction or betterment work as required by said plans and
specifications.
b. All costs of construction, maintenance and operation of the lighting
system will be borne by the State, and the lighting system will remain the pro-
perty of the State.
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.
Page 2 of 4
b. This Agreement will cease to apply to sections of the lighting system in
the event that those sections are removed or become a part of a continuous illi-
mination system.
c. This Agreement shall remain in force for a period of two years from the
date that is is signed by the State, and it is understood by both parties that
at the end of the initial two-year period, the Agreement will be automatically
renewed for two year periods therafter 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.
Page 3 of 4
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the
City of
Schertz
19 89
on the
day of Seotember
8th
and the State Department of Highways and Public Transportation on the
day of
ATTEST:
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. 19
CITY OF
SCHERTZ
" ~'LQ
C!TV I1ANAGER
(Title of Signing Official)
THE STATE OF TEXAS
Certified as being executed for the pur-
pose and effect of activating and/or
carrying out the orders, established poli-
cies, or work programs heretofore approved
and authorized by the State Highway and
Public Transportation Commission under the
authority of Minute Order 82513.
By:
Signature
Traffic Operation Engineer
DATE:
Page 4 of 4